1. Mr. Nanda, learned advocate appears on behalf of petitioners (claiming to be workmen). He had moved the writ petition on 10th January, 2023 to submit, his clients’ have an industrial dispute but they could not file it before the Labour Court in Jeypore as the Court is closed. Hence, prayer in the writ petition for Labour Court, Bhubaneswar being directed to admit the case.
2. We reproduce below paragraph 2 from our order dated 10th January, 2023.
“2. Mr. Babu, learned advocate, Additional Government Advocate appears on behalf of State and prays for adjournment to obtain instruction regarding functioning of Labour Court in Jeypore, Koraput”
Mr. Babu submits, the Labour Court at Jeypore is functioning.
3. Mr. Nanda submits, his clients went to file their applications along with his associate Mr. S. Lokesh Kumar, learned advocate to the Labour Court at Jeypore earlier on 1st October, 2022 but found it closed. His clients had made complaint to the Presiding Officer, Industrial Tribunal at Bhubaneswar. In the circumstances, his clients apprehend bias against them.
4. Section 33-B in Industrial Disputes Act, 1947 provides for power to transfer proceedings. Petitioners, in event they want to move the Labour Court at Bhubaneswar, not being the notified Court for filing their dispute(s), may be well advised to seek remedy thereunder.
5. With above observation we disposed of the writ petition.
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