Serial No. 6 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 149/2022 In WP(C) 1750/2022 Food Corporation of India … Appellants(s) Through: Mr. Jahangir Iqbal Ganai, Sr. Advocate with Mr. Sheikh Umar Farooq, Advocate Vs. Government of J&K and Ors. ...Respondent(s) Through: Mr. QaziAyaz, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 21.02.2025 1. During the course of arguments, it was pointed out by the learned senior counsel for the appellant that, in terms of Section 33(A) of the Industrial Disputes Act, 1947, a complaint can be filed only before the Authority who is seized of the dispute between the employer and the workman and that the Industrial Tribunal is not seized of any industrial dispute between the appellant (the employer) and the respondents (workmen). It was, thus, contended that the complaint under Section 33(A) before the J&K Industrial Tribunal, J&K, Srinagar, is not maintainable. 2. Faced with the aforesaid position, the learned counsel appearing for the respondents fairly submits that the order of the J&K Industrial Tribunal, J&K, Srinagar, dated 25th July, 2022, passed in a complaint under Section 33(A) of the Industrial Disputes Act, 1947, read with Rule 59 of the Industrial Disputes (Central) Rules, 1957, may not be in consonance with the legal position emerging from a reading of the Section 33(A). He, therefore, submits that he would notoppose the quashing of the proceedings before the Industrial Tribunal, provided he is granted liberty to approach the Conciliation Officer who, as per the learned counsel, is seized of the dispute between the appellant and the respondents. 3. Statement of learned counsel for the respondents is taken on record. 4. The respondents are permitted to withdraw their complaint filed under Section 33(A) of the Industrial Disputes Act, 1947, pending adjudication before the J&K Industrial Tribunal J&K, Srinagar. The proceedings before the Industrial Tribunal are thus dismissed as withdrawn. Consequent upon the withdrawal of the complaint, the order of the learned Single Judge is set aside, and this appeal is, accordingly, dismissed as having been rendered infructuous. We, however, give liberty to the respondents to either approach the Conciliation Officer who may beseized of the dispute between the appellants and the respondents or take other remedial measures as may be permissible under law. (PUNEET GUPTA) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 21.02.2025 “Mir Arif” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 24.02.25