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TMI Blog1968 (2) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... f section 93 of the Punjab Reorganisation Act 1966? (3) Whether the reference 'stands transferred' to the Labour Court, Jullundur or Industrial tribunal, Punjab, Chandigarh, under Section 93 of the Punjab Reorganisation Act, 1966, with effect from 1st November, 1966, when that Act came into force? 2. The facts of this case are that the Governor of Punjab in exercise of the powers conferred by clause (c) of subsection (1) of Section 10 read with proviso to that sub-section of the Industrial Disputes Act, 1947, referred t the Labour Court, Rohtak, constituted under Section 7 of the said Act, the matter specified below: Whether the workers should be granted Dearness Allowance and whether it should be linked with the cost of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i, has taken me through some relevant sections of the Industrial Disputes Act with a view to show that the provisions of Section 93 of the Pun jab Reorganisation Act, 1966, are not attracted. Under Section 2(a)(ii) of the industrial Disputes Act, the appropriate Government means the State Government and in this context prior to the reorganisation would mean the State of Punjab. 5. Section 7 empowers the appropriate Government to constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the second schedule. Before the bifurcation of the State, there was a Labour Court at Jullundur and another Labour Court at Rohtak. This dispute was referred to the Labour Court at Rohtak. Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... withdraw any proceeding Court, Tribunal or National Tribunal and transfer the same to another Labour Court, tribunal r National tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, tribunal or National Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred: Provided that where a proceeding under Section 33 or Section 33A is pending before a Tribunal or National Tribunal, the proceeding may also be transferred to a Labour Court. 7. Section 93 which deals with the transfer of pending proceeding under the Punjab reorganisation Act, 1966, is reproduced below:- 93. Transfer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r before the appointed day by the Government of the existing state of Punjab, to be the corresponding Court, Tribunal, Authority or Officer. 8. I may now turn to the arguments advanced by the learned Counsel on matters which have been referred to this Court by the Presiding Officer, Labour Court, Julllundur. It was urged on behalf of the Management that the power to refer an industrial dispute vests exclusively in the appropriate Government. In this case, the Government of Punjab before the bifurcation of the State had made a reference and that Government alone could withdraw the same under Section 33B and transfer the case to another Labour Court. After 1st of November, 1966, there have come into existence two Governments for the new S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the provisions of Section 93 of the Punjab Reorganisation Act are not attracted and are not applicable to industrial disputes which are in a class by themselves. It is urged that an industrial dispute is not a proceeding within Section 93, sub-section 93) as it cannot be deemed to be a suit, case or appeal . Section 93 of the Punjab Reorganisation Act when contrasted with S. 33B of the Industrial Disputes Act, is a special provision. The Industrial Disputes Act, was enacted when the eventuality of the type resulting from bifurcation of a State into two or more States or territories was not contemplated. The Industrial Disputes Act was not intended to provide for such extraordinary exigencies. Hence, a special provision was necessar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Proceeding also means forms in which relief is sought before Court of Law or before other bodies or authorities determining rights and liabilities and in which actions are brought an defended and the manner of conducting them and the mode of deciding them. All those happenings or events before a Labour Court or Industrial tribunal or any other authority on who jurisdictiion is conferred by law to dispose of contentious matters are understood by the term proceeding . Section 93 of the Punjab Reorganisation Act which contemplates automatic transfers applies to proceedings which were pending before the Labour Courts or Industri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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