1985 (10) TMI 282 - HC - Indian Laws

Summary

Issues Involved:
1. Whether the Labour Courts and Industrial Courts under the Bombay Industrial Relations Act and Industrial Disputes Act are courts and courts subordinate to the High Court in terms of Section 10 of the Contempt of Courts Act, 1971.
2. Whether the Board of Nominees and Co-operative Tribunals under the Gujarat Co-operative Societies Act, 1961 are courts and courts subordinate to the High Court within the meaning of section 10 of the Contempt of Courts Act, 1971.

Detailed Analysis:

1. Labour Courts and Industrial Courts under the Bombay Industrial Relations Act and Industrial Disputes Act:
Nature of Power Exercised:
The Labour Courts and Industrial Tribunals under the Industrial Disputes Act (I.D. Act) are vested with the judicial power of the State. They adjudicate disputes between employers and employees, which involves compulsory adjudication and resolution of disputes in a judicial manner. The Supreme Court in Bharat Bank Ltd. v. Employees of Bharat Bank (AIR 1950 SC 188) held that these tribunals discharge judicial functions, although they are not courts in the technical sense.

Source of Power:
The power of these tribunals emanates from the statute itself and not from any agreement between the parties. Sections 7, 7A, and 10 of the I.D. Act provide for the constitution and functioning of Labour Courts and Industrial Tribunals, indicating that their authority is derived from the statute.

Manner of Exercise of Power:
These tribunals follow judicial procedures similar to those followed by civil courts. They have powers akin to those of civil courts under the Code of Civil Procedure, including summoning and examining witnesses, compelling the production of documents, and issuing commissions for the examination of witnesses (Section 11 of the I.D. Act).

Finality and Authoritativeness of Decisions:
The awards made by these tribunals are binding and final, as provided under Sections 17 and 19 of the I.D. Act. Even though the appropriate government has some power to modify or reject the awards in specific circumstances under Section 17A, the awards remain binding and authoritative.

Conclusion:
Labour Courts and Industrial Tribunals under the I.D. Act are courts within the meaning of Sections 2 and 10 of the Contempt of Courts Act, 1971. They possess all the essential attributes of a court, including the judicial power of the State, statutory origin, judicial procedure, and the finality of decisions.

2. Board of Nominees and Co-operative Tribunals under the Gujarat Co-operative Societies Act, 1961:
Nature of Power Exercised:
The Registrar's nominees and Co-operative Tribunals under the Gujarat Co-operative Societies Act exercise judicial powers of the State. They adjudicate disputes related to the constitution, management, or business of co-operative societies in a manner similar to civil courts.

Source of Power:
The power of these authorities is derived from the statute itself. Sections 96, 98, and 150 of the Gujarat Co-operative Societies Act provide for the constitution and functioning of the Registrar's nominees and the Co-operative Tribunal.

Manner of Exercise of Power:
These authorities follow judicial procedures, including summoning and enforcing the attendance of witnesses, compelling the production of documents, and examining witnesses on oath (Section 99 of the Act). They conduct hearings and make awards in a judicial manner.

Finality and Authoritativeness of Decisions:
The decisions and awards made by the Registrar's nominees and the Co-operative Tribunal are final and binding, as provided under Sections 101 and 166 of the Act. They cannot be challenged in any court except for want of jurisdiction.

Conclusion:
The Registrar's nominees and Co-operative Tribunals under the Gujarat Co-operative Societies Act are courts within the meaning of Sections 2 and 10 of the Contempt of Courts Act, 1971. They satisfy all the essential criteria of a court, including the exercise of judicial power, statutory origin, judicial procedure, and the finality of decisions.

Summary:
The Labour Courts and Industrial Tribunals under the Bombay Industrial Relations Act and Industrial Disputes Act, as well as the Board of Nominees and Co-operative Tribunals under the Gujarat Co-operative Societies Act, are courts and courts subordinate to the High Court within the meaning of Section 10 of the Contempt of Courts Act, 1971. They possess the essential attributes of courts, including the exercise of judicial power, statutory origin, judicial procedure, and the finality and authoritativeness of their decisions.