Bharitya Mazdoor Sangh vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner Union is a party to two references before the Labour Court-cum-Industrial Tribunal, Shimla, Reference No. 378 of 2002 and Reference No. 379 of 2002. Both the cases have been tagged together and taken up for trial. It appears that there was a preliminary issue of maintainability raised in Reference No. 378 of 2002. However, on 10.8.2009 the Labour Court decided that the question of maintainability will also be considered at the time of final arguments that is to say to be taken as one of the issues for trial. However, coming to the second case, in Reference No. 379 of 2002, on 8.6.2010 the Labour Court has taken the view that the maintainability has to be taken as a preliminary issue. No doubt, once a question of maintainability is raised in a case it is always ideal to have it decided as a preliminary issue before going to trial. But, it has to be appreciated that both the references have been pending since 2002, both the references are at the instance of the same Union and in both the references is the party the same management before the Labour Court. In one reference the Court has already taken the view that it is not expedient to have the maintainability decided as a preliminary issue and that it is to be only one of the issues for trial. In such circumstance, it will only be appropriate that same course of action is adopted in the connected reference also. In that view of the matter, we set-aside the Annexure PG, order dated 8.6.2010 in Reference No. 379 of 2002 pending before the Labour Court, Shimla. There will be a direction to the Labour Court, Shimla to try and dispose of both the references namely; 378 of 2002 and 379 of 2002 within a period of three months from the date of next posting, which we are informed as on 1.6.2011. Needless to say that the question of maintainability will only be taken as an issue for trial. It is also clarified that it will be open to the Petitioner to file rejoinder in Reference No. 379 of 2002 within a period of three weeks from today.

The Writ Petition stands disposed of, so also the pending application(s), if any.

Copy Dasti to the Petitioner to be produced before the Labour Court.