AIR 1977 MADHYA PRADESH 254 ::1977 LAB. I. C. 1279 ::(1977) 2 LabLN 434 ::1977 MPLJ 438 ::1977 JabLJ 545

Madhya Pradesh High Court

Hon'ble Judge(s): Shivdayal Shrivastava , C.J. AND C. M. Lodha, B. R. Dubey , JJ

Madhya Pradesh Industrial Relations Act (27 of 1960) , S.66, S.67— Expression "exercise of jurisdiction illegally and with material irregularity" - Perverse and arbitrary findings are covered by the expression. Perverse or arbitrary findings or findings based on no material fall within the ambit of the phrase "exercise of jurisdiction illegally and with material irregularity" justifying interference in revision, Similarly, if a Court illegally assumes jurisdiction by giving a patently erroneous decision on jurisdictional facts the case would fall within the clause "exercised jurisdiction not vested in it by law".(Para 18) If the findings of the Labour Court are based an no material or they are perverse or arbitrary the Industrial Court has jurisdiction u/Ss.66 and 67 of the M.P. Industrial Relations Act to set aside the order of the Labour Court, 1972 Lab. IC 842 (SC); 1973 Lab IC 986 (MP); 1968 MPLJ 597; AIR 1949 PC 239; 1970 MPLJ 280. Rel. on: 1975 MPLJ 251, Explained and Approved.(Para 13) Held on facts that findings of Labour Court that inquiry Officer had no authority and that he was prejudiced as also the finding that the petitioner had no opportunity to cross-examine witnesses was based on no evidence and the Industrial Court was justified in holding the findings to be perverse.(Para 9 ....