Opinion
William D. Prakken, Boulder, William E. Benjamin, Greeley, for plaintiffs-appellees.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for defendant-appellant.
DUFFORD, Judge.
The appellees and other persons who are not parties to this appeal, all of whom were engaged in work as farm and ranch laborers, petitioned the Director of the Division of Labor and Employment to investigate wages and working conditions for women and children engaged in such work. The Director refused to act on the petition upon the ground that he lacked statutory jurisdiction over farm and ranch labor.
Without appealing the Director's decision to the Industrial Commission, the appellees filed a complaint in the district court seeking a determination that the Director did possess statutory jurisdiction as to farm and ranch labor matters. The district court ruled that the Director possessed jurisdiction and ordered him to proceed with the investigation sought by appellees. The trial court further ruled that the failure of the appellees to first appeal the Director's decision to the Industrial Commission was not a bar to the trial court's own jurisdiction. The Director brought this appeal, seeking reversal of the trial court's order.
The Director is correct in his position that the trial court lacked jurisdiction in this matter. Judicial review of the Director's orders is governed by 1969 Perm.Supp., C.R.S. 1963, 80--1--38, which provides that:
'No court action, to set aside, vacate, or amend any finding, order, or award of the director, or to enjoin the enforcement thereof, shall be brought unless the plaintiff shall have first applied to the commission for a review thereof as provided in section 80--1--34, as amended, and unless such action shall have been commenced within sixty days after final decision by the commission; * * *'
The entire right of appeal from decisions of the Director is conferred by the statute, and under the terms of the statute, failure to comply with the statutory requirement that a decision rendered by him must be first appealed to the Industrial Commission precludes jurisdiction by any court. Industrial Commission v. Plains Utility Co., 127 Colo. 506, 259 P.2d 282; Stacks v. Industrial Commission, 65 Colo. 20, 174 P. 588; Gerber v. Homes, 28 Colo.App. 210, 471 P.2d 428.
The judgment of the trial court is reversed, and this cause is remanded with directions that the appellees' complaint be dismissed without prejudice.
COYTE and ENOCH, JJ., concur.