IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE WRIT WRIT WRIT PETITION NO. 3240 OF 2006 PETITION NO. 3240 OF 2006 PETITION NO. 3240 OF 2006 SETH SAHKARAM NEMCHAND JAIN AUSHADALAYA VA RUGNALAYA, SOLAPUR AND ANR. ... ETITIONERS. ETITIONERS. ETITIONERS. VS. VS. VS. SHRI ANIL VYANKATESH DESHPANDE AND ANR. ... RESPONDENTS. MR. G.S. GODBOLE FOR THE PETITIONERS. MR. KIRAN BAPAT I/B. AVINASH PATANGE FOR RESPONDENT NO.1. NO.1. NO.1. ..... ..... ..... CORAM CORAM CORAM : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. DATE DATE DATE : February 6, 2007. : February 6, 2007. : February 6, 2007. ..... ..... ..... P.C. P.C. P.C. 1.1.1. By By By the present petition, a Trust, which the present petition, a Trust, which the present petition, a Trust, which administers administers administers Medical College at Solapur, which is Medical College at Solapur, which is Medical College at Solapur, which is regulated regulated regulated by the provisions of Maharashtra University by the provisions of Maharashtra University by the provisions of Maharashtra University of of of Health Sciences Act, 1998, challenged an Order Health Sciences Act, 1998, challenged an Order Health Sciences Act, 1998, challenged an Order passed passed passed by by by the Labour Court, in exercise of the powers the Labour Court, in exercise of the powers the Labour Court, in exercise of the powers under under under Section 33(c)(2) of the Industrial Disputes Section 33(c)(2) of the Industrial Disputes Section 33(c)(2) of the Industrial Disputes Act. Act. Act. The learned Counsel appearing for the The learned Counsel appearing for the The learned Counsel appearing for the petitioners petitioners petitioners submits that the provisions contained in submits that the provisions contained in submits that the provisions contained in Section Section Section 53 of the Act ousts the jurisdiction of the 53 of the Act ousts the jurisdiction of the 53 of the Act ousts the jurisdiction of the Labour Labour Labour Court. A perusal of Section 53 of the Act Court. A perusal of Section 53 of the Act Court. A perusal of Section 53 of the Act would would would clearly reveal that a Grievance Committee set clearly reveal that a Grievance Committee set clearly reveal that a Grievance Committee set up up up solely with a view to deal with the grievances of solely with a view to deal with the grievances of solely with a view to deal with the grievances of the the the employees and the role of the Grievance Committee employees and the role of the Grievance Committee employees and the role of the Grievance Committee appears appears appears to be that of the settler of the grievances. to be that of the settler of the grievances. to be that of the settler of the grievances. The The The Grievance Committee has no power, authority or Grievance Committee has no power, authority or Grievance Committee has no power, authority or jurisdiction jurisdiction jurisdiction to to adjudicate the grievance/ dispute to to adjudicate the grievance/ dispute to to adjudicate the grievance/ dispute and and and to render a binding decision. The Grievance to render a binding decision. The Grievance to render a binding decision. The Grievance Committee Committee Committee is only empowered to make a reference is only empowered to make a reference is only empowered to make a reference touching touching touching the dispute to the Management Council and the dispute to the Management Council and the dispute to the Management Council and the the the decision of the Management Council attains decision of the Management Council attains decision of the Management Council attains finality. finality. finality. If this be the scheme of the Act which If this be the scheme of the Act which If this be the scheme of the Act which sets sets sets up a Grievance Committee, it is not possible to up a Grievance Committee, it is not possible to up a Grievance Committee, it is not possible to concede concede concede that the intention behind setting up of a that the intention behind setting up of a that the intention behind setting up of a Grievance Grievance Grievance Committee under Section 53 of the Act was Committee under Section 53 of the Act was Committee under Section 53 of the Act was toto to oust the jurisdiction of the Labour / Industrial oust the jurisdiction of the Labour / Industrial oust the jurisdiction of the Labour / Industrial Court Court Court under the Industrial Disputes Act. The under the Industrial Disputes Act. The under the Industrial Disputes Act. The Grievance Grievance Grievance Committee does not function as a Judicial Committee does not function as a Judicial Committee does not function as a Judicial or or or Quasi Judicial Quasi Judicial Quasi Judicial Authority Authority Authority to to to decide the industrial disputes. In this decide the industrial disputes. In this decide the industrial disputes. In this view view view of the matter, the submission made by the of the matter, the submission made by the of the matter, the submission made by the learned learned learned counsel for the Petitioner that the Order counsel for the Petitioner that the Order counsel for the Petitioner that the Order passed passed passed by the Labour Court under Section 33(c)(2) of by the Labour Court under Section 33(c)(2) of by the Labour Court under Section 33(c)(2) of the the the Act is without jurisdiction, is not sustainable. Act is without jurisdiction, is not sustainable. Act is without jurisdiction, is not sustainable. 2.2.2. The The The learned Counsel for the Petitioner has learned Counsel for the Petitioner has learned Counsel for the Petitioner has placed placed placed reliance on a Judgment of the learned Single reliance on a Judgment of the learned Single reliance on a Judgment of the learned Single Judge, Judge, Judge, reported in 2000(II) CLR 949. The ruling has reported in 2000(II) CLR 949. The ruling has reported in 2000(II) CLR 949. The ruling has no no no application to the facts and circumstances of the application to the facts and circumstances of the application to the facts and circumstances of the present present present case, case, case, inasmuch as the judgment relied upon is inasmuch as the judgment relied upon is inasmuch as the judgment relied upon is concerned, concerned, concerned, deals with a situation under Poona deals with a situation under Poona deals with a situation under Poona University University University Act , which provides for a Special Forum Act , which provides for a Special Forum Act , which provides for a Special Forum toto to adjudicate the dispute; whereas there is no adjudicate the dispute; whereas there is no adjudicate the dispute; whereas there is no adjudicating adjudicating adjudicating machinery or forum put in place under machinery or forum put in place under machinery or forum put in place under the the the Health University Act. Health University Act. Health University Act. In In In the result, I do not find merit in this the result, I do not find merit in this the result, I do not find merit in this writ writ writ petition. Consequently, the writ petition. Consequently, the writ petition. Consequently, the writ petition petition petition is is is summarily dismissed. summarily dismissed. summarily dismissed. ..... ..... ..... [A.P.DESHPANDE, [A.P.DESHPANDE, [A.P.DESHPANDE, J.] J.] J.]