Case Note & Summary
The case involved an appeal by M/s. U.P.S.R.T.C. against an order of the Allahabad High Court concerning back wages awarded to Imtiaz Hussain, a conductor who was removed from service after a disciplinary enquiry. Hussain was found not to have issued tickets during an inspection on June 5, 1989, leading to his suspension and subsequent removal from service on December 31, 1990. An industrial dispute arose, and the labour court reinstated him but denied back wages, stating he was not on the permanent list. Hussain contested this, leading to a modification of the award by the labour court, which granted him 50% back wages with interest. The appellant challenged this modification in the High Court, which upheld the labour court's decision. The Supreme Court analyzed the powers under Section 6(6) of the U.P. Act, concluding that the labour court had overstepped its authority by modifying the award, which was not allowed under the provision. The court emphasized that such modifications should only correct clerical or arithmetical mistakes and not alter the substantive terms of the original order. The Supreme Court set aside both the labour court's modification and the High Court's order, allowing the appeal and stating that costs would be made easy.
Headnote
A) Labour Law - Modification of Award - Jurisdiction of Labour Court - Section 6(6) Uttar Pradesh Industrial Disputes Act, 1947 - The labour court exceeded its jurisdiction by modifying the original award, which was not permissible under Section 6(6) as it only allows correction of clerical or arithmetical mistakes. The court held that the modification of the award was beyond the scope of the provision, which does not permit substantial changes to judicial orders (Paras 3-4).
Issue of Consideration
Whether the labour court was justified in modifying the original award regarding back wages under Section 6(6) of the Uttar Pradesh Industrial Disputes Act, 1947.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the labour court and the High Court, and stated that costs would be made easy.
Law Points
- Judicial review
- Labour law
- Disciplinary proceedings
- Back wages
- Section 6(6) U.P. Act
- Section 152 CPC
- Clerical mistakes
- Arithmetical mistakes
- Judicial orders
