Summary
The Court remitted an industrial dispute for fresh adjudication after permitting evidence on whether more than one hundred workmen were affected. That issue went to the Labour Court’s jurisdiction over the wage and allowance demands. The management’s official employment records merited examination, with full opportunity for the workmen to cross-examine and lead evidence.
Issues
- Whether the Labour Court could receive evidence addressing the disputed workforce threshold and its jurisdiction.
- Whether the earlier liberty to correct a factual error justified re-examination on these facts.
Provisions considered
- Section 10(1)(c) and (d), proviso; Second and Third Schedules, Industrial Disputes Act, 1947Wages and allowances fall in the Third Schedule; reference to a Labour Court is permitted under the proviso where the dispute is not likely to affect more than one hundred workmen. The disputed threshold therefore required factual examination. (¶¶ 6, 7, 8, 9, 10, 11, 12, 16, 22, 23)
Held
- The reference primarily concerned wages and allowances listed in the Third Schedule. Whether more than one hundred workmen were affected was material to the competent adjudicatory forum, and the management had raised that jurisdictional objection in the original proceedings. (¶¶ 7, 8, 9, 10, 11, 12, 13)
- The proposed ESIC, LIC and provident-fund related material prima facie supported a workforce exceeding one hundred. Earlier retrenchment proceedings also contained relevant employment figures, and the union witness had distinguished the factory workforce from union membership. This material justified re-examination rather than restricting the application to a formal correction. (¶¶ 13, 14, 16, 17, 18, 19, 20, 22)
- Fresh adjudication required an opportunity for the management to substantiate the workforce position and for the workmen to cross-examine its witnesses and produce their own evidence. The Court did not decide the jurisdictional fact or the underlying demands conclusively. (¶¶ 22, 23, 25)
Result
Appeal allowed; impugned High Court order and specified Labour Court interlocutory orders set aside. Matter remitted to Labour Court, Dewas for fresh adjudication with both sides’ evidence, within six months of receipt. Management to deposit Rs 1 lakh costs within six weeks with Labour Commissioner, Indore, for equal direct distribution to its workmen within four weeks of deposit. Merits left open.