Substance Of Application Determines Jurisdiction, Not Its Title: Allahabad High Court

The Allahabad High Court has reiterated that the title of an application/claim and reference made therein does not determine the jurisdiction of a forum. The same only depends on the substance of the application/claim/demand.

In that context, the Bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar observed: "It is well settled that the title of an application/claim and reference made therein does not determine the jurisdiction of a forum. The same only depends on the substance of the application/claim/demand"

Senior Counsel Sanjay Kaushal, along with others, appeared for the appellant, while AAG Manish Goyal, along with others, appeared for the respondents.

A special appeal was filed against the dismissal of a writ petition by a learned Single Judge concerning the reference made by the State Government to the Labour Court under Section 4-K of the Uttar Pradesh Industrial Disputes Act, 1947. 

The appellant argued that the appeal was maintainable despite objections, citing relevant case law, and contended that the reference to the Labour Court was not appropriate and should have been made to an Industrial Tribunal.

The respondent-workman argued that the dispute fell within the jurisdiction of the Labour Court. 

The Court observed that, "the plea, raised by the appellant, wherein there is an admission pertaining to the appropriate Government being the State Government in light of the decided cases of the appellantorganization as laid down by learned Single Judge, the fresh plea raised, based only on the indications made in the demand and the claim, has no substance."

""Industrial dispute, contained in the First Schedule, is required to be referred to a Labour Court. The plea, sought to be raised by the appellant-petitioner only on account of the fact that reference was made to provisions of Section 16-A of the WJ Act and 2A of the Central ID Act in the demand, before the Deputy Labour Commissioner and in the claim before the Labour Court, enumerating the events, which led to the dismissal of the workman, wherein reference has been made to the dispute pertaining to the recommendations and implementation of the Wage Board, by itself, cannot bring the subject matter of dispute as that of wages, i.e., instead of the same being in relation to the dismissal, the same would be that of wages.", the court said.

Consequently, no case was made out for interference in the impugned judgment. The Labour Court was directed to proceed with the matter.

Cause Title: Jagran Prakashan Limited vs Shri Krishna Mohan Trivedi And 3 Others

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