Case Note & Summary
The petitioner, General Kamgar Union, challenged an award of the Industrial Tribunal dated 10.3.1995 which rejected Reference (IT) No.97 of 1980. The dispute pertained to general demands of workers employed in the respondent company, M/s. Noble Paint & Varnish Co. Pvt. Ltd. A prohibitory order under Section 10(3) of the Industrial Disputes Act, 1947 was passed by the Government, banning a strike declared by the union. Charge-sheets were issued to 32 workmen for participating in an illegal strike and other misconduct. A domestic enquiry was instituted, but the workmen were not permitted to enter the factory premises to participate in the enquiry proceedings, as pointed out by the union in a letter dated 26.4.1972. The Industrial Tribunal rejected the reference without considering these facts. The High Court found that the award led to a miscarriage of justice, as the workmen had failed to achieve justice since 1980. The court set aside the award and remanded the matter to the Industrial Tribunal for fresh adjudication, directing the Tribunal to decide the reference on merits within six months.
Headnote
A) Industrial Law - Domestic Enquiry - Prohibitory Order under Section 10(3) - Miscarriage of Justice - The Industrial Tribunal rejected the reference without considering that a prohibitory order under Section 10(3) of the Industrial Disputes Act, 1947 was in force, and that workmen were denied participation in the domestic enquiry - Held that the award was passed without bearing in mind basic concepts of industrial jurisprudence, leading to a miscarriage of justice (Paras 1-2).
Issue of Consideration
Whether the Industrial Tribunal's award rejecting the reference was perverse and caused a miscarriage of justice by ignoring basic concepts of industrial jurisprudence.
Final Decision
The High Court allowed the writ petition, set aside the impugned award dated 10.3.1995, and remanded the matter to the Industrial Tribunal for fresh adjudication. The Tribunal was directed to decide Reference (IT) No.97 of 1980 on its own merits within six months from the date of receipt of the writ.
Law Points
- Industrial Disputes Act
- 1947
- Section 10(3)
- Prohibitory Order
- Domestic Enquiry
- Natural Justice
- Miscarriage of Justice
Case Details
2010 LawText (BOM) (08) 33
Writ Petition No. 3931 of 1996
Mr. Jayprakash Sawant i/by Ranjana Todankar for the petitioner. None present for the respondent No.1.
General Secretary, General Kamgar Union
M/s. Noble Paint & Varnish Co. Pvt. Ltd. & Shri S.S. Hirurkar, Member, Industrial Tribunal, Mumbai
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Nature of Litigation
Writ petition challenging an award of the Industrial Tribunal rejecting a reference in a labour dispute.
Remedy Sought
The petitioner union sought to quash the Industrial Tribunal's award dated 10.3.1995 and to have the reference decided on merits.
Filing Reason
The Industrial Tribunal rejected the reference without considering the prohibitory order under Section 10(3) of the Industrial Disputes Act and the denial of participation in the domestic enquiry, leading to a miscarriage of justice.
Previous Decisions
The Industrial Tribunal passed an award on 10.3.1995 rejecting Reference (IT) No.97 of 1980.
Issues
Whether the Industrial Tribunal's award rejecting the reference was perverse and caused a miscarriage of justice by ignoring basic concepts of industrial jurisprudence.
Submissions/Arguments
The petitioner argued that the award led to a miscarriage of justice as the workmen failed to achieve justice from 1980.
The Tribunal passed the award without bearing in mind the basic concepts of industrial jurisprudence.
Ratio Decidendi
The Industrial Tribunal's award was set aside as it was passed without considering the prohibitory order under Section 10(3) of the Industrial Disputes Act and the denial of participation in the domestic enquiry, which amounted to a miscarriage of justice and ignorance of basic industrial jurisprudence.
Judgment Excerpts
The impugned award has led to a miscarriage of justice whereby the workmen represented by the petitioner union have failed to achieve justice from 1980.
The Tribunal has passed the award without bearing in mind the basic concepts of industrial jurisprudence.
Procedural History
The dispute regarding general demands of workers was pending. A prohibitory order under Section 10(3) of the Industrial Disputes Act was passed. Charge-sheets were issued to 32 workmen. A domestic enquiry was instituted. The Industrial Tribunal rejected Reference (IT) No.97 of 1980 by award dated 10.3.1995. The petitioner filed Writ Petition No.3931 of 1996 challenging the award.
Acts & Sections
- Industrial Disputes Act, 1947: Section 10(3)
