Aditya Aluminum Workers Union,Sambalpur Vs Presiding Officer,Labour Court,Sambalpur — Orissa HC (2025) — LawSathi Research

Aditya Aluminum Workers Union,Sambalpur Vs Presiding Officer,Labour Court,Sambalpur — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without interfering with the impugned orders; Labour Court, Sambalpur directed to dispose of Appeal Case No.01 of 2021 as expeditiously as possible, preferably within two months from the date of filing of certified copy of the order, giving opportunity to the parties concerned.

Issue for consideration

Whether the learned Labour Court, Sambalpur had jurisdiction and competence to entertain the Petitioner-Union's interim application for stay despite the absence of any specific provision to that effect in the Trade Unions Act, 1926 (urged by learned counsel for the Petitioner). +1 more

Ratio / Principle

Without interfering with the impugned orders, the Court disposed of the writ petition with a direction that the learned Labour Court shall dispose of Appeal Case No.01 of 2021 (filed under Section 11 of the Trade Unions Act, 1926) as expeditiously as possible, preferably within a period of two months from the date of filing of certified copy of the order, giving opportunity to the parties concerned.

Detailed headnote1 paragraphs

Trade Unions — cancellation of union registration — interim stay — Writ Petition (Civil) No.30047 of 2023 filed by Aditya Aluminum Workers Union Sambalpur assailing Labour Court, Sambalpur orders dated 26.11.2021 (Annexure-5), 17.12.2021 (Annexure-9) and 01.07.2023 (Annexure-13) in Appeal Case No.01 of 2021 (under Section 11, Trade Unions Act, 1926) rejecting its applications for stay, stay of operation and modification arising from cancellation of its Registration Certificate dated 22.07.2021 by the Additional Registrar of Trade Unions-cum-Joint Labour Commissioner, Sambalpur. Held: without interfering with the impugned orders, writ petition disposed of with a direction to the Labour Court to dispose of the appeal expeditiously, preferably within two months of filing certified copy of the order, giving opportunity to the parties. The Court noted its earlier interim stay dated 05.10.2023 in I.A. No.14500 of 2023 (clarified 23.11.2023) and that appeal hearing had commenced with the Petitioner-Union's evidence completed. Counsel's contention that the Labour Court possessed jurisdiction and competence to entertain interim stay applications despite absence of a specific provision in the 1926 Act, supported by Gatikrushna Behera (1991 (II) OLR 55) and R.G. D’Souza (AIR 2015 SC 954), was not adjudicated.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). NO.30047 OF 2023

Aditya Aluminum Workers Union Sambalpur

…. Petitioner

Mr. Rabindra Nath Debata, Advocate -versus-

The Presiding Officer, Labour Court, Sambalpur and another

…. Opp. Parties

Mr. S.K. Parhi, ASC

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

06.02.2025

1. This matter is taken up through hybrid mode.

Petitioner in this writ petition prays for a direction to set aside the order No.3 dated 26.11.2021 (Annexure-5) passed by the learned Labour Court, Sambalpur in Appeal Case No.01 of 2021 filed under Section 11 of the Trade Unions Act, 1926. Vide order under Annexure-5, the learned Labour Court rejected an interim application filed by the Petitioner-Union to stay the order dated 22^nd July, 2021 (Annexure-2) cancelling its Registration Certificate by the Additional Registrar of Trade Unions-cum-Joint Labour Commissioner, Sambalpur (Opposite Party No.2).

The Petitioner further assails the order No.6 dated 17.12.2021 passed in the said Appeal (Annexure-9) by which the Petitioner prayed for stay operation of the order dated 22.07.2021 (Annexure-2), which was also rejected. Further, the Petitioner challenges the order No.33 dated 01.07.2023 (Annexure-13), by which the prayer for modification of the order dated 26.11.2021 and order dated 17.12.2021 was also rejected.

Mr. Debata, learned Counsel for the Petitioner made a lengthy argument on the merit of the order passed by the Additional RegistrarCum-Joint Labour Commissioner, Sambalpur in cancelling the Registration Certificate of the Petitioner-Union. He further relied upon the cases in Gatikrushna Behera Vs. State of Orissa and others , reported in 1991 (II) OLR 55 and in R.G. D’Souza Vs. Poona Employees Union and another , reported in AIR 2015 SC 954 and submitted that ground on which the application for stay operation of the order under Annexure-2 has been rejected is not sustainable as learned Labour Court has jurisdiction and competence to entertain the interim application even though there is no specific such provision in the Trade Unions Act, 1926.

This Court vide order dated 05.10.2023 passed in I.A. No.14500 of 2023 stayed the operation of the impugned order as aforesaid, which was subsequently clarified vide order dated 23.11.2023.

Be that as it may, Mr. Debata, in course of hearing submits, hearing of the Appeal has already commenced and the evidence of the Petitioner-Union has already been completed. The matter is posted to 7^th February, 2025 for evidence of the Respondent-Opposite Party therein.

In view of the above, this Court without interfering with the impugned orders, disposes of the writ petition with a direction that the learned Labour Court shall do well to dispose of the Appeal Case No.01 of 2021 filed by the Petitioner under Section 11 of the Trade Unions Act, 1926 as expeditiously as possible preferably, with a period of two months from the date of filing of certified copy of this order giving opportunity to the parties concerned.

Signature Not Verified

Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 07-Feb-2025 13:27:03

(K.R. Mohapatra)

Judge

(S.K.Mishra) Judge

Banita

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