PUNJAB NATIONAL BANK LTD. versus INDUSTRIAL TRIBUNAL, SRI RAM KANWAR, DELHI.

PUNJAB NATIONAL BANK LTD. versus INDUSTRIAL TRIBUNAL, SRI RAM KANWAR, DELHI.

The Tribunal does not have the power under Section 11(7) of the Industrial Disputes Act, 1947, to order payment in advance of travelling and halting allowances to representatives of workmen in pending proceedings, regardless of the outcome. Discretion regarding costs is to be exercised judicially and at the close of proceedings, not in anticipation of them.

Parties
Appellant: Punjab National Bank Ltd.; Respondent No. 1: Sri Ram Kanwar, Industrial Tribunal, Delhi; Respondent No. 13: Y. Kumar
Jurisdiction
India
Judgment Date
20 December 1956
Procedural Posture
Civil Appeal / Appeal From an Order of the Industrial Tribunal, Special Leave Granted by the Supreme Court
Outcome
Appeal allowed
Legal Topics
Costs in Industrial Tribunal Proceedings, Discretion of Tribunal on Costs, Travelling and Halting Allowance, Interpretation of S. 11(7) Industrial Disputes Act
Labour Law Industrial Disputes Costs in Industrial Tribunal Proceedings Discretion of Tribunal on Costs Travelling and Halting Allowance Interpretation of S. 11(7) Industrial Disputes Act

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Parties

Punjab National Bank Ltd.

Appellant

Sri Ram Kanwar, Industrial Tribunal, Delhi

Respondent No. 1

Y. Kumar

Respondent No. 13

Procedural Posture

Civil Appeal / Appeal From an Order of the Industrial Tribunal, Special Leave Granted by the Supreme Court

Legal Issues

  1. 1 Whether the Industrial Tribunal has jurisdiction under Section 11(7) of the Industrial Disputes Act, 1947, to order advance payment of travelling and halting allowances to union representatives in pending proceedings.
  2. 2 Whether the practice of Tribunals directing employers to pay such expenses is justified by law or custom.

Ratio Decidendi

The Tribunal does not have the power under Section 11(7) of the Industrial Disputes Act, 1947, to order payment in advance of travelling and halting allowances to representatives of workmen in pending proceedings, regardless of the outcome. Discretion regarding costs is to be exercised judicially and at the close of proceedings, not in anticipation of them.

Court Disposition

Appeal allowed

Orders

  • Order of respondent No. 1 (Industrial Tribunal) insofar as it directs advance payment of travelling and halting allowances to union representatives is set aside.
  • Costs awarded to appellant, to be paid by contesting respondents.