Matter Of Promotion Or Seniority Between Two Employees Can Be Adjudicated By Labour Court: Madhya Pradesh HC
The Madhya Pradesh High Court ruled that matters of promotion and seniority between the two employees can be adjudicated by the Labour Court under Section 2(k) of the Industrial Disputes Act, 1947.
The Court held thus while noting that it is an industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947.
The bench of Justice Vivek Agarwal stated, “there is no iota of doubt that the matter of promotion and seniority could have been adjudicated between the two employees by Labour Court under Section 2(k) of the Industrial Disputes Act, 1947 as it is an industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947.”
Advocate Sanjay Verma appeared for the Appellant and Advocate Akash Choudhary appeared for the Respondent.
Brief Facts-
The Petitioner/Managing Director, M.P. State Forest Development Corporation, Bhopal filed a Writ Petition under Article 227 of the Constitution of India after being aggrieved by the award of the Labour Court on two grounds; firstly, whether the issue of promotion will fall within the definition of a dispute permissible under Section 2-A of the Industrial Disputes Act, 1947 and secondly, whether the issue of promotion will be covered under Section 2(k) of the Industrial Disputes Act, 1947.
The Court stated that a plain reading of Section 2(k) of the Industrial Disputes Act, 1947 reveals that it covers the dispute or difference between workmen and workmen having its larger implication between employers and workmen.
The Court further mentioned the decision of the Supreme Court in Rajasthan State Road Transport Corporation & Another versus Krishna Kant & Others (1995) 5 SCC 75 in which the SC held that the disputes not covered by Section 2(k) or Section 2-A of the Industrial Disputes Act, 1947 can be determined by the Civil Court or by the Arbitration but the disputes relating to the rights or obligations created under the Industrial Disputes Act, 1947 can be adjudicated only by the Forums created by the Industrial Disputes Act, 1947.
The Court dismissed the Writ Petition.
Cause Title: Managing Director M.P. State Forest Development Corporation v. M.P. State Forest Development Corporation Employees Union General Secretary
Appearance:
Appellant: Adv. Sanjay Verma
Respondent: Adv. Akash Choudhary