Case Note & Summary
The case involved an appeal by the Department of Horticulture, Chandigarh against a judgment that reinstated Raghu Raj, a workman whose services were terminated. Raghu Raj was initially appointed as a 'beldar' in 1969, but his services were terminated in 1976 due to unsatisfactory performance. After a settlement, he was reinstated but again terminated in 1977, leading him to file a civil suit which was dismissed. He appealed, and the appellate court found the termination to be stigmatic and without due process, reinstating him with back wages. The appellants challenged this in the High Court, which dismissed the appeal on merits in the absence of their counsel. The Supreme Court found that the High Court's dismissal was improper as it violated the principles of natural justice, emphasizing that a party should not suffer due to their advocate's absence. The Court referred to precedents that support the notion that appeals should not be decided on merits in the absence of counsel. The Supreme Court allowed the appeal, set aside the High Court's orders, and remanded the case for fresh disposal, ordering the appellants to pay costs to the respondent.
Headnote
A) Employment Law - Termination of Service - Principles of Natural Justice - Code of Civil Procedure, 1908, Section 100 - The High Court dismissed the appeal on merits without hearing the appellants' counsel, violating principles of natural justice. The Supreme Court held that a party should not suffer due to the absence of their advocate and remanded the matter for fresh disposal (Paras 45-47).
Issue of Consideration
Whether the High Court erred in dismissing the appeal on merits in the absence of the appellants' counsel.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's orders dismissing the Second Appeal and the Recall Application, and remanded the matter for fresh disposal after hearing both parties. The appellants were directed to pay costs of Rs. 20,000 to the respondent.
Law Points
- natural justice
- industrial dispute
- jurisdiction of civil court
- dismissal of appeal for default
- Code of Civil Procedure
- 1908
