Management Of Mahindra Aerostructures Private Limited Vs Principal Secretary (Karnataka High Court)
Karnataka High Court held that once the dispute is referred to the Labour Court or the Tribunal, the Government will have no power to pass interim order under Section 10-B. Further, passing of interim order without hearing the management is against the principles of natural justice.
Facts- The petitioner-Management is before this Court assailing the order dated 11.06.2024 passed by respondent No.1. In terms of the said order, respondent No.1 has directed payment of Rs.6,000/- per month as interim wages in favour of the workman of the petitioner/Management.
Conclusion- Held that once the dispute is referred to the Labour Court or the Tribunal, the Government will have no power to pass interim order under Section 10-B. If the Government chooses to exercise power under Section 10-B before referring the matter to the Labour Court or the Industrial Tribunal or simultaneously chooses to pass interim orders and refer the dispute to the Industrial Tribunal, the Government has to hear the Union as well as the Management before passing the interim order.
In this case while passing the impugned order, the Government has not heard the Management. Thus, the principles of natural justice are violated and the interim order which has got the civil consequence could not have been passed without hearing the Management. In addition to that when the impugned interim order was passed, the matter was already pending consideration before the Labour Court/Industrial Tribunal. Hence, the Government could not have passed the interim order at all.
