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2014 DIGILAW 78 (MAD)

S. Boopathy v. Management of Sundram Fasterners

2014-01-09

K.KALYANASUNDARAM

body2014
JUDGMENT 1. Petitioner in both the revisions is one and the same. The petitioner had filed claim petitions in C.P.Nos.191 of 2002, on the file of the Labour Court II, Chennai and C.P.No.222 of 2004 on the file of the Principal Labour Court, Chennai, for computing of money due to him from the respondent / Management. 2. The case of the petitioner is that he joined in the services of the respondent / Management as a Worker Apprentice, on 08.06.1990, and he completed the extended apprenticeship period, on 31.12.1991. Thereafter, he was employed on daily wages basis and he was issued with an order of probation and the probation period was from 08.02.1993 to 31.08.1994. The petitioner, having satisfactorily completed his probation, was confirmed in service, on 01.09.1994. It is further submitted that as per the settlement between the Union and the Management, the respondent /Management has given Multi Skill Allowances to its employees from the year 1989 and the petitioner is also entitled to get the benefit under the said scheme. In C.P.No.191 of 2002 he claimed a sum of Rs.8100/- and in C.P.No.222 of 2004, he claimed a sum of Rs. 11,050/-. 3. The respondent/ Management filed its counter stating that the Labour Court, Chennai does not have territorial jurisdiction since the petitioner is working at Hosur and only the Labour Court at Salem has jurisdiction to entertain the petitions. Hence the petitioner has filed the present revisions for transferring the claim petitions from the Labour Court, Chennai, to Labour Court, Salem. 4. Mr. V.Prakash, learned senior counsel appearing for the petitioner submitted that admittedly, the petitioner was in the employment of the respondent and he is entitled to the amounts claimed in the claim petitions. Only due to the reason that the Management had questioned the filing of claim petitions before the Labour Court, Chennai, raising the jurisdictional issue, the petitioner has filed these revisions, seeking transfer to the Labour Court, Salem. This Court, in a petition filed under Article 227 of the Constitution of India, can pass orders, transferring the claim petitions from one Court to another. The learned counsel relied upon the order passed by this Court in CRP.No.835 of 1994, dated 29.04.1994. 5. Per contra, Mr. This Court, in a petition filed under Article 227 of the Constitution of India, can pass orders, transferring the claim petitions from one Court to another. The learned counsel relied upon the order passed by this Court in CRP.No.835 of 1994, dated 29.04.1994. 5. Per contra, Mr. Karthik, learned counsel for the respondent submitted that as per Section 33-B of the Industrial Disputes Act, the Government is the appropriate authority, which alone can pass orders in such matters. When there is a specific power given to the Government, under the Industrial Disputes Act, this Court, under Article 227 of the Constitution of India, cannot transfer the claim petitions from Labour Court, Chennai, to the Labour Court, Salem. He further submitted that the facts involved in CRP.No.835 of 1994 are totally different and they will not apply to the present case. 6. It is seen from the records that the petitioner filed the Claim Petitions in the year 2002 and 2004 and they are pending for more than 10 years and the amounts involved in both the cases are only meager. This Court, in CRP.No.835 of 1994, has held that in the interest of justice, the claim petition can be transferred from the Labour Court, Madurai, to the Labour Court, Trichy. Considering the fact that the claim petitions are pending for more than ten years and the amounts involved in both the applications are very meager, without causing any further delay, by directing the petitioner to approach the Government for transfer of the cases, in the interest of Justice, I am inclined to allow both the revisions. In the result, the Civil Revision Petitions are allowed. The III Additional Labour Court, Chennai, is directed to transmit all the papers pertaining to C.P.No.191 of 2002 and C.P.No.222 of 2004, to the file of Labour Court, Salem, immediately, after receipt of a copy of this order. The Labour Court, Salem is directed to dispose of both the claim petitions, at the earliest. No costs.