Vijay Kumar Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 6612 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       WP No. 9867 of 2022
                                    (VIJAY KUMAR SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      Dated : 02-05-2022
                               Shri Ajay Mishra, learned Senior Counsel with Shri Rajesh Soni and Shri

                      Pratyush Tripathi, learned counsel for the petitioner.
                               Petitioner has filed this petition challenging order dated 7.4.2022.
                               Learned Senior Counsel for the petitioner submitted that Government of
                      M.P. Labour Department has passed an order by which pending cases before
                      Labour Court No.1 Bhopal is transferred to other Labour Courts. He submitted

                      that no notice or hearing was given before passing the impugned order. He relied
                      on judgment reported in 1990 SCC (2) 48-Management of M/s M.S. Nally Vs.
                      State of Bihar and others. Relying on the said judgment, it is submitted that
                      power to transfer pending cases under Section 33-B of the Industrial Disputes Act
                      is not merely on administrative work but causing judicial power and appropriate
                      Government cannot transfer case on basis of allegation without hearing the other
                      sides.
                               In view of the aforesaid submissions, issue notice to the respondents on

payment of process fee within seven days.

Order dated 7.4.2022 shall remain stayed till the next date of hearing. List the matter in the week commencing from 13.6.2022. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

DUBEY/-

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Digitally signed by ARVIND KUMAR DUBEY Date: 2022.05.02 17:44:45 IST