1973 LAB. I. C. 388 ::25 Fac L R 280 ::(1973) 1 Lab L J 273 ::42 F J R 363

Madras High Court

Hon'ble Judge(s): K Veeraswami , C.J. AND Raghavan , J

(A) Industrial Disputes Act (1947) , S.15.10(2)— Jurisdiction of Labour Court - Nature of -Joint application by employer and employee for reference under Section 10 (2) - Employer if estopped from questioning jurisdiction of Labour Court. (X-Ref: Evidence Act (1872). Section 115). , — The jurisdiction of Labour Court is entirely dependent on the existence or apprehension of an industrial dispute as defined. Neither consent nor waiver can be a substitute for jurisdiction and cure the initial want of jurisdiction. The basis of jurisdiction is an industrial dispute and that question is therefore always open to the Presiding officer to 20 into notwithstanding what the parties or the Government have thought about it. Distinction between reference under Section 10 (1) and one under Section 10 (2) pointed out.(Para 2) The presiding Officer's jurisdiction being entirely basically dependent on an existing or an apprehended industrial dispute, the employer is not estopped from contending lack of jurisdiction in the presiding Officer, notwithstanding that the reference is made on a joint application under Section 10 (2) by employer and employee both.(Para 4) (B) The definition of the expression "industrial dispute' says that it may be connected wit....