Disposed

Irena Vidhya Mabel Stanley v. the Management of

Madras HC15 Dec 2021CRP/2804/2021

Case brief

AI extract

What is this about?

The High Court at Madras dismissed a Civil Revision Petition. It clarified that while the Government's power to transfer cases under Section 33(b) of the Industrial Disputes Act applies only to Section 2(k) cases, the Principal Labour Court possesses the administrative power to entertain transfer petitions for cases under Section 2A2.

What did the court decide?

Petitioner directed to present transfer petition before the Principal Labour Court; Civil Revision Petition disposed of with no costs.

Irena Vidhya Mabel Stanley Vs the Management of — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.12.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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CRP No.2804 of 2021

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Irena Vidhya Mabel Stanley ... Petitioner/Petitioner Vs

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The Managemnt of M/s.Caterpillar India Pvt. Ltd., 7^th Floor, International Tech Park – Chennai, Taramani Road, Taramani, Chennai-600 113. ... Respondent/Respondent

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Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the Docket Order /Proceeding dated 28.10.2021 in I.A.U.S.R.No.3350 of 2021 in O.P.No.102 of 2021 on the file of the 1^st Additional Labour Court, Chennai and to set aside the same.

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For Petitioner : Ms.D.Geetha

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O R D E R

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Considering the fact that the revision is against the return made by the Additional Labour Court, notice to the respondent is deemed unnecessary.

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2.The petitioner sought for transfer of proceedings in OP.No.102 of 2021 pending on the file of the I Additional Labour Court, Chennai to the Principal Labour Court, Chennai to be heard along with the Standing Order Appeal in SOA.No.1 of 2019. The Additional Labour Court returned the petition for presentation before the proper forum. The petitioner assumed that the Additional Labour Court had directed the petitioner to approach the Government and hence the petitioner is before this Court contending that the power of the Government to transfer is restricted to only cases referred to the Labour Court under Section 2(k) of the Industrial Disputes Act and the same will not extend to cases which are before the Labour Court under

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https://hcservices.ecourts.gov.in/hcservices/

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Section 2A2 of the I.D. Act. That position of law is well settled.

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3.The power of transfer vested in the Government under Section 33(b) of the I.D. Act would be applicable only to cases under Section 2(k) and not under 2A2. However, it is the Principal Labour Court, being the administrative head, which has the power to entertain transfer of cases between Labour Courts. Hence, the petitioner is directed to present the petition for transfer before the Principal Labour Court, which will deal with it in accordance with law. The Civil Revision Petition is disposed of with the above directions. No costs.

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Sd/Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar

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To: 1. The 1^st Additional Judge, Labour Court, Chennai.

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+1cc to M/s.D.Geetha, Advocate, S.R.No.66947

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CRP No.2804 of 2021

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NMI(CO) SU(06/01/2022)

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https://hcservices.ecourts.gov.in/hcservices/

Irena Vidhya Mabel Stanley v. the Management of

Case brief

What is this about?

What did the court decide?

Irena Vidhya Mabel Stanley v. the Management of

Case brief

What is this about?

What did the court decide?

What the court decided

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