‘The Repealing Act, therefore, does not have the effect of removing section 2A(2) from the statute book, so as to ouster jurisdiction of the Labour Courts/Tribunals’ : Calcutta HC

The single judge bench consisting of Justice Raja Basu Chowdhary of the  Calcutta High Court recently in the case of Krishnadas Bhattacharjee v. The State of West Bengal (WPA 8913 of 2021) ruled that the Labour Courts/Tribunals established under the Industrial Disputes Act, 1947 have the authority to exercise jurisdiction under Section 2A(2) of the Act, and that the Repeal and Amendment of the Industrial Disputes (Amendment) Act, 2010, as a whole, by the Repeal and Amendment Act of 2016, has the effect of neither removing the said section from the statute book nor removing the jurisdiction of the said courts/tribunals.

Facts of the Case:

The petitioners, in this case, filed writ applications challenging the orders passed by the Tribunals/Labour Courts established under the provisions of the Industrial Disputes Act, 1947, whereby the Tribunals/Labour Courts not only allowed the proceedings but also proceeded to hear out matters by exercising jurisdiction under section 2A(2) of the said Act, despite the repeal of the Industrial Disputes (Amendment) Act, 2010 as a whole, by the Repeal and Amend Act.

Judgment Review:

The Court observed that the object of the Repealing Act was to merely remove unnecessary Acts, which have already achieved their purpose, and to strike out dead matter from the statute book. Justice Chowdhary observed that the legislature’s distinction between repealing an Act as its entirety and repealing a specific section of an Act unambiguously demonstrates the intent of the legislature.

Click here to view the judgment

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