Shrikant Pandey vs Ramshabad Mishra

Pankaj Mithal, J.—Heard learned Counsel for the applicant.

The applicant has filed this application u/s 24 C.P.C. for transferring Case No. 27 of 2009 (Ramshabad Mishra v. M/s. Azamgarh Road Lines and others), pending before the Industrial Tribunal (3) U.P. Kanpur to Industrial Tribunal at Allahabad.

Ex facie of the opinion that Industrial Tribunal is not a Court subordinate to the High Court, the Court inquired from the Counsel as to how the Transfer Application u/s 24 C.P.C. for transferring the case from one Industrial Tribunal to another is maintainable.

The Counsel was unable to answer and make any submission.

Section 24 of the C.P.C. contains the general power of transfer and withdrawal of suit from one Court to another. It provides that a High Court or the District Court may at any stage withdraw any suit, appeal or other proceedings pending in any Court subordinate to it and transfer the case for trial or disposal to any Court subordinate to it and competent to try or dispose of the same.

The relevant portion of section 24 C.P.C. is reproduced herein below:- "24. General power of transfer and withdrawal.-(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

(a)....

(b) withdraw any suit, appeal or other proceedings pending in any Court subordinate to it, and-

(i)....

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii)....

(2)....

(3)....

(a)....

(b)....

(4)....

(5)....

A plain reading of the above provision makes it clear that the power of withdrawal and transfer of the suit, appeal other proceedings from one Court to another is available to the High Court or the District Court only if such a suit appeal or proceeding is pending in a Court subordinate to it.

Section 3 of the C.P.C. provides for the subordination of the Courts. It lays down that for the purposes of the Code, the District Court, every Civil Court inferior to that of District Court and Court of small causes is subordinate to the High Court. In other words, the District Court, Court of Small Causes and every Civil Court are all subordinate to the High Court for the purposes of the Code.

Industrial Tribunal has not been described to be a court subordinate to the High Court. It is an independent body established under the Industrial Tribunals/U.P. Industrial Disputes Act, 1947.

Section 3 of Bengal, Agra and Assam Civil Courts Act, 1887 classify the different classes of Court and mentions that the Court of District Judge; Additional Judge, (Civil Judge Senior Division) and the Court of Munsiff (now Civil Judge, Junior Division) are all Civil Courts.

Therefore, a composite reading of section 3 both of the CPC and Bengal, Agra and Assam Civil Courts Act, 1887 establishes that District Court, Court of Small Causes and Civil Courts which include District Judge, civil Judge (Senior Division) and Civil Judge (Junior Division) are all Courts subordinate to the High Court for the purposes of section 24 C P C

Chapter (VI) of the Constitution of India relates to subordinate Courts and refers to the Courts of District Judges and Court subordinate thereto to be the Courts subordinate to the High Court having administrative control over them

Section 9 of the Bengal Agra and Assam Civil Courts Act 1887 authorities the District Judge to exercise administrative control over the Civil Courts subject to Superintendence of the High Court

Thus, the Civil Courts enumerated in section 3 of the Bengal, Assam and Agra Civil Courts Act, 1887 are not only subordinate to the High Court but are also under administrative control and superintendence of it

12 The High Court may also be having power of superintendence upon all Tribunals including Industrial Tribunals under Article 227 of the Constitution of India or of Judicial review under Article 226 of the Constitution of India over the decisions of the Tribunals but the Tribunals are not subordinate to the High Court for the purposes of the Code

13 In view of above, I am of the clear opinion that Industrial Tribunal is not a Court subordinate to the High Court

In Transfer Application (Civil) No 227 of 2012 (Hanuman Yadav v State Consumer Forum and others), I myself has held by order dated 318 2012 that District Consumer Forum established u/s 9 of Consumer Protection Act, 1986 is an independent adjudicating authority and is not a Court subordinate to the High Court for the purposes of applying section 24 C P C

In another Transfer Application (Civil) No 289 of 2012 (Mursaleem v Yogendra Sharma and others), I have held that the Court of Sub-Divisional Magistrate seized of an election petition filed u/s 12-C of the UP Panchayat Raj Act, 1947 is not a Court subordinate to the High Court so as to unable the High Court to transfer proceedings of Election Petition u/s 24 CPC. In view of the aforesaid facts and circumstances, I am of the opinion that as Industrial Tribunal is not a Court subordinate to the High Court under the provisions of the C.P.C., the proceedings pending before it cannot be transferred in exercise of powers u/s 24 C.P.C

The application is not maintainable and is dismissed