Supreme Court of India
Management of M/s M.S. Nally Bharat Engg. Co. Ltd. v. State of Bihar & Ors.
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What the Court ordered
In the result, we allow the appeal and quash the notification dated August 8, 1988 by which the Government of Bihar transferred the case from the Labour Court, Dhanbad to the Labour Court, Patna. ) The Labour Court, Dhanbad shall now proceed to dispose of the mat- ter as expeditiously as possible.
Judgment, page 13
From the headnote
Industrial Disputes Act, 1947: Section 33- -Transfer of pro ceedings-Obligation to record reasons-Whether mandatory-Denial of opportunity to management to represent-Order whether vitiated. Sub-section (1) of S. 33- of the Industrial Disputes Act, 1947 provides that the appropriate Government may, by order in writing ~nd for reasons to be stated therein, withdraw any proceedings pending before a Labour Court or Tribunal and transfer it for disposal to another Labour Court or Tribunal. Respondent No. 4, a workman of the appellant-company at Dhanbad, was caught red-handed while stealing certain
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