Industrial Disputes Act, 1947 – ss. 2(k), s.2-A – Imposition of fine on the respondents-workmen by the appellant-management – Assailed by respondents by filing suit in 2005 inter alia for permanent injunction – Appellant filed application u/Or. VII, r.11, CPC for rejection of the plaint and relegation of the respondents to the remedy under the 1947 Act – Dismissed – Revision petition dismissed by the High Court – On appeal, held: 1947 Act is an alternative dispute resolution mechanism for the benefit of the workmen to provide speedy, inexpensive, informal and unencumbered by the plethora of procedural laws – Object is thus, to protect the workmen – In the present case, the principles as set out in para 9 of the judgment in the Premier Automobiles Ltd. case would govern – Present case involves recovery of certain fine amount which cannot be said to be covered by s.2-A of the 1947 Act – Workmen in their wisdom (or possibly, lack of it) approached the civil court and have been left high and dry for the last fifteen years without any adjudication on merits of their claims – Suit has not even been proceeded with on the basis that matter is pending before Supreme Court – No ground made out to interfere with the impugned order – Civil Judge to forthwith proceed to try the suit and endeavour to complete the trial and pronounce the judgment, if not already pronounced, in the maximum period of six months from the date of receipt of the order – Code of Civil Procedure, 1908 – Or. VII, r.11. Dismissing the appeals, the Court
HELD: 1. On examination, it is found that the principles set out in the Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke of Bombay & Ors. would govern i.e. as set out in para 9. The Industrial Dispute Act, 1947 is an alternative dispute resolution mechanism for the benefit of the workmen to provide “speedy, inexpensive, informal and unencumbered by the plethora of procedural laws. The object is thus, to protect the workmen. The impugned orders are also, in a sense interlocutory in character. The present case involves recovery of certain fine amount which cannot be said to be covered by Section 2-A of the Industrial Disputes Act. The workmen in their wisdom (or possibly, lack of it) approached the civil Court and have been left high and dry for the last fifteen years without any adjudication on merits of their claims. The impugned orders are also, in a sense interlocutory in character. There is no ground made out to interfere with the impugned order and the appeal is consequently dismissed. In view of the lapse of time, the Civil Judge is directed to forthwith proceed to try the Civil Suit No.774/2005 and endeavour to complete the trial and pronounce the judgment, if not already pronounced in the maximum period of six months from the date of receipt of the order. [Paras 6, 8-12] [115-H; 118-E; 119-A-C]
Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke of Bombay & Ors. (1976) 1 SCC 496 : [1976] 1 SCR 427 – relied on.
C.A. No. 7475/2011, C.A. No. 7474/2011, C.A. No.7473/2011 & C.A. No. 7476/2011
The appeals are dismissed in view of the order passed above in Civil Appeal No.7472/2011.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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