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2012 DIGILAW 826 (ALL)

VIJAI SHANKER v. UNION OF INDIA

2012-04-05

A.P.SAHI

body2012
JUDGMENT Hon’ble A.P. Sahi, J.—Heard Sri Shiv Krishna Bahadur, learned counsel for petitioner and Sri Subodh Kumar, learned counsel for respondents. 2. The Labour Court made an award in an industrial dispute arising out of reference on 13.8.1991. The petitioner was an employee of the Telecommunication Department as it then stood. He moved an application before the Assistant Labour Commissioner (Industrial), Kanpur for execution of the said award. The respondent No. 1 contested the matter and the Tribunal passed an order on 1.3.1997 that since the department is not an industry, therefore, the award cannot be executed. Aggrieved the petitioner filed writ petition No. 17629 of 1997 which was allowed on 2nd May, 2000 and the matter was remitted to the Industrial Tribunal-cum-Labour Court, Kanpur to decide the matter afresh holding that the Telecommunication Department is an industry within the meaning of Industrial Disputes Act, 1947. 3. The matter again proceeded and now the Industrial Tribunal has passed the impugned order stating that since the Telecommunication Department is no longer in existence and is now a Corporate Body constituted as Bharat Sanchar Nigam Limited, the award cannot be executed. 4. The petitioner challenged the aforesaid order dated 3.8.2006 contending that the respondent No. 3 has transferred its assets and liabilities to the corporation which was constituted and as such, the award is excusable against the B.S.N.L. He submits that the impugned order is absolutely erroneous and does not conform the law. 5. The matter had been heard earlier and it was pointed out that under the notification dated 31st October, 2008 of the Administrative Tribunals Act, 1985, all service matters relating to Bharat Sanchar Nigam Limited would be cognizable by the Administrative Tribunal as the notification had been issued under Section 14 of the 1985 Act. 6. This is a dispute with regard to the execution of the award of the year 1991. The execution of the said award, therefore, would not be hit by any such notification as suggested on behalf of the respondents. Moreover, sub-section (2) of Section 28 of the Administrative Tribunals Act, 1985 makes it clear that the exclusion of the jurisdiction of the Courts and Tribunals as provided for under the Act, does not include the Hon’ble Supreme Court or any Industrial Tribunal or Labour Court. 7. Moreover, sub-section (2) of Section 28 of the Administrative Tribunals Act, 1985 makes it clear that the exclusion of the jurisdiction of the Courts and Tribunals as provided for under the Act, does not include the Hon’ble Supreme Court or any Industrial Tribunal or Labour Court. 7. In view of the aforesaid position, the notification under Section 14 of the 1985 Act does not cause any impediment in the execution of the award by the Industrial Tribunal/Labour Court. Apart from this on merits, once the fact that the rights and liabilities of the Telecommunication Department has been inherited by the Bharat Sanchar Nigam Limited then the award has to be executed against the same and no such resistance can be put forth by the respondents on this ground. The impugned order, therefore, proceeds on an erroneous assumption and is accordingly unsustainable. Consequently, the order dated 3.8.2006 is quashed with a direction to the Central Government Industrial Tribunal-cum-Labour Court, Kanpur to proceed accordingly and pass an appropriate order in accordance with law for compliance of the award of the year 1991 within a period of three months. The writ petition stands allowed. ——————