9911796707
TMI Blog1999 (3) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to vacate the same. 2. The case of the petitioner, in short, is that he was victimized on account of his union activities, and against the termination of his service, he had raised a dispute before the Assistant Labour Commissioner (respondent No. 1 and had made an application for retention of the quarter; but despite knowledge of the pending proceedings before the respondent No. 1, the employers (respondent Nos. 2 and 3) filed an application under section 630 before the Chief Judicial Magistrate, Damoh, for restoration of the possession of the said quarter to the company. On receipt of the notice, the petitioner raised preliminary objection about the jurisdiction of the respondent No. 4 to entertain the said application during pendency of the proceedings before the respondent No. 1, but the respondent No. 4, rejecting the objection, passed order dated 10-3-1998 (Annexure-P/9) directing the petitioner to vacate the quarter. 3. Respondent Nos. 2 and 3 have filed their returns in which the respondents have pointed out that the quarter in question was allotted to the petitioner by virtue of the contract of service with the result, on termination of his service, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 630 provides for penalty for wrongful withholding of property and lays down that if any officer or employee of a company wrongfully obtains possession of any property of a company or having any such property in his possession wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the articles and authorised by the Act, he shall, on the complaint of the company or any creditor or contributory thereof, be punishable with fine which may extend to one thousand rupees. Sub-section (2) of section 630 empowers the court trying an offence to order such officer or employee to deliver up or refund any such property wrongfully obtained or wrongfully withheld or in default to suffer imprisonment for a term which may extend to 2 years. The question, however, is whether the jurisdiction of the court empowered to take cognisance under section 630 is suspended during the pendency of the proceedings under section 33 of the Industrial Disputes Act, 1947. Section 33 of the Industrial Disputes Act, 1947 reads as under : "Section 33, Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings. (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... executive or other office bearer) of a registered trade union connected with the establishment, is recognised as such in accordance with rules made in this behalf. (4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of sub-section (3) shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen, and for the aforesaid purpose, the appropriate Government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognised as protected workmen. (5) where an employer makes an application to a conciliation officer, Board (an arbitrator), Labour Court, Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass (within a period of three months from the date of receipt of such application) such order in relation thereto as it deems fit : Provided that where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of his employment. The order of termination passed against an employee has to be treated as valid until it is set aside by the Labour Court. The Estate Officer functioning under the Public Premises Act has no jurisdiction to decide upon the validity of the termination of services of an employee. He has to proceed upon the footing that the termination of services is valid until set aside by the Labour Court. There is nothing in the definition of unauthorised occupation to which references has already been made which may indicate that in such cases, the Estate Officer will have no jurisdiction to evict a person from a quarter until the dispute relating to termination of service is finally decided by the Labour Court. We have already stated that the order of termination of services passed against the petitioner suffered from the defect that it was passed by an authority lower in rank to the appointing authority, and thereby contravened the requirements of certified standing orders. Even as it would be open to the Labour Court to uphold the order if it is justified on the material collected in the domestic enquiry R.K. Nair v. G.M. Bhilai Steel Plant 1977 Lab LC 1079 (MP) ( s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
