Only Industrial Tribunal Can Adjudicate JKB-Workman Dispute: HC

However, a bench of Justice Rajnesh Oswal said that the Central government may refer the dispute to the labour court or Industrial Tribunal established by the State Government and in that eventuality only, the labour court or Industrial Tribunal established by the State Government shall have jurisdiction to adjudicate the same.

On 13 March 2019, Industrial Tribunal Cum Labour Court
J&K at Srinagar had rejected the preliminary objection raised by the J&K Bank by holding that the State Government was the 'appropriate Government' for the bank and the Industrial Tribunal or Labour Court established by the State Government shall have the jurisdiction to adjudicate a dispute between the bank and its workman. The bank had assailed the order before the High Court.

“..this court is of the considered view that in case of industrial dispute between the Jammu and Kashmir Bank Ltd. and its workman, the appropriate Government would be 'the Central Government' ,” the court said and accordingly decided an issue framed by it as to whether in case of industrial dispute between Jammu & Kashmir Bank Ltd. and its workman, the Central Government or the State Government i.e. Government of UT of J&K is the 'appropriate Government' in terms of Section 2(a) of the Industrial Disputes Act, 1947.

To another issue whether the Industrial Tribunal-Labour Court established by the State Government of J&K, now Government of UT of J&K, has the jurisdiction to adjudicate the industrial dispute between the J&K Bank Ltd. and its workman?, the court said:“As this court has arrived at the conclusion that the central government is appropriate government in case of an industrial dispute between the petitioner (J&K bank) and its workman, therefore as a natural consequence, the Industrial Tribunal-Labour Court, established by the central government ordinarily shall have the jurisdiction to adjudicate the industrial dispute between the petitioner bank and its workman.”

Elaborating, the court said that proviso to section 10 of the Industrial Disputes Act, 1947 reveals that the dispute, where the Central Government is the appropriate Government, it shall be within the competence of that Government to refer the dispute to a labour court/Industrial Tribunal, as the case may be, constituted by the State Government.

“Thus, the Central Government can refer the dispute to a labour court or Industrial Tribunal, constituted by the State Government, but otherwise the Industrial Tribunal/Labour Court, established by the central government ordinarily shall have the jurisdiction to adjudicate the industrial dispute between the (J&K) bank and its workman,” the court said, adding,“Accordingly, it is held that in case of an industrial dispute between the J&K Bank Ltd. and its workman, only the labour court or Industrial tribunal, established by the Central Government, shall have power to adjudicate the same but the Central Government may refer the dispute to labour court or Industrial Tribunal established by the State Government and in that eventuality only, the labour court or Industrial Tribunal established by the State Government shall have jurisdiction to adjudicate the same.”

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