Case: B.S. Bharti Vs. I.B.P. Company Ltd

by the said Act.(3) Similarly, where the dispute involves the recognition, observance or enforcement of rights and obligations created by enactments like Industrial Employment (Standing Orders) Act, 1946 - which can be called "sister enactments" to Industrial Disputes Act - and which do not provide a forum for resolution of such disputes, the only remedy shall be to approach the forums created by the Industrial Disputes Act provided they constitute industrial disputes within the meaning of Section 2 (k) and Section 2-A of Industrial Disputes Act or where such enactment says that such dispute shall be either treated as an industrial dispute or says that it shall be adjudicated by any of the forums created by the Industrial Disputes Act. Otherwise, recourse to civil court is open.(4) It is not correct to say that the remedies provided by the Industrial Disputes Act are not equally effective for the reason that access to the forum depends upon a reference being made by the appropriate Government. The power to make a reference conferred upon the Government is to be exercised to effectuate the object of the enactment and hence not unguided. The rule is to make a reference unless, of course, the dispute raised is a totally frivolous one ex facie. The power conferred is the power to refer and not the power to decide, though it may be that the Government is entitled to examine whether the dispute is ex facie frivolous, not meriting an adjudication.(5) Consistent with the policy of law aforesaid, we commend to Parliament and the State Legislature to make a provision enabling a workman to approach the Labour Court/Industrial Tribunal directly - i.e., without the requirement of a reference by the Government in case of of industrial disputes covered by Section 2-A of the Industrial Disputes Act. This would go a long way in removing the misgivings with respect to the effectiveness of the remedies provided by the Industrial Disputes Act.(6) The certified Standing Orders framed under and in accordance with the Industrial Employment (Standing Orders) Act, 1946 are statutorily imposed conditions of service and are binding both upon the employers and employees, though they do not amount to "statutory provisions". Any violation of these Standing Orders entitles an employee to appropriate relief either before the forums created by the Industrial Disputes Act or the civil court where recourse to civil court is open according to the principle indicated herein.(7) The policy of law emerging from Industrial Disputes Act and its sister enactments is to provide an alternative dispute-resolution mechanism to the workmen, a mechanism which is speedy, inexpensive, informal and unencumbered by the plethora of procedural laws and appeals upon appeals and revisions applicable to civil courts. Indeed, the powers of the courts and tribunals under the Industrial Disputes act are far more extensive in the sense that they can grant such reliefs as they think appropriate in the circumstances for putting an end to an industrial dispute". 6. The High Court considered these principles laid down by this Court in Rajasthan State Road Transport Corporation and Another case (supra) and rightly came to the conclusion, the principles as laid down by this Court in paragraphs 2 and 3 clearly apply to the facts of the appellants case. Hence, a civil suit questioning the termination of service and ancillary relief as sought for in the suit filed by the appellant herein was not maintainable and the only remedy was to approach the forum created under the Industrial Disputes Act. It is to be noticed that the appellant did invoke the provisions of the Industrial Disputes Act for getting the dispute referred to an appropriate forum under the said act for an adjudication but he failed and he did not pursue the remedy any further though such refusal could have been challenged by way of a writ petition. He having failed to do so he cannot then resort to a remedy by way of a civil suit which is otherwise not maintainable in law.7. We think the High Court was justified in coming to this conclusion. 8. However, the learned counsel for the appellant relied on para 37 of the Rajasthan State Road Transport Corporation and Another, wherein this Court having held that the civil court had no jurisdiction in regard to a dispute pertaining to the workman and management which is otherwise covered by the Industrial Disputes Act held thus:- "It is directed that the principles enunciated in this judgment shall apply to all pending matters except where decree have been passed by the trial court and the matters are pending in appeal or second appeal, as the case may be. All suits pending in the trial court shall be governed by the principles enunciated herein - as also the suits and proceedings to be instituted hereinafter". 9. Based on the above observations of the Court, the learned counsel submitted that the principle of relief enunciated in the said paragraph of the judgment of this Court ought to have been extended to him and the relief granted by the Trial Court ought to have been affirmed. It is also be noted in this context this principle does not apply to cases wherein the efforts of the workman to get the dispute referred to adjudication to an appropriate forum under the Industrial Disputes Act has been rejected. As stated above, in cases where the application for reference under the provisions of the Industrial Disputes Act has been rejected by the appropriate authority, the aggrieved party should pursue the same by way of a writ petition and if possible get the dispute referred under the Industrial Disputes Act. If he fails to do so even after such attempt or fails to make such an attempt, the directions issued in para 37 of the above judgment in the case of Rajasthan State Road Transport Corporation (supra) does not apply.10. In the said view of the matter, we find no reason to interfere with the judgment of the High Court.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]9. Based on the above observations of the Court, the learned counsel submitted that the principle of relief enunciated in the said paragraph of the judgment of this Court ought to have been extended to him and the relief granted by the Trial Court ought to have been affirmed. It is also be noted in this context this principle does not apply to cases wherein the efforts of the workman to get the dispute referred to adjudication to an appropriate forum under the Industrial Disputes Act has been rejected. As stated above, in cases where the application for reference under the provisions of the Industrial Disputes Act has been rejected by the appropriate authority, the aggrieved party should pursue the same by way of a writ petition and if possible get the dispute referred under the Industrial Disputes Act. If he fails to do so even after such attempt or fails to make such an attempt, the directions issued in para 37 of the above judgment in the case of Rajasthan State Road Transport Corporation (supra) does not apply.10. In the said view of the matter, we find no reason to interfere with the judgment of the High Court.