Case Note & Summary
The Petitioner, Haffkine BioPharmaceuticals Corporation Ltd., a State Government Undertaking, challenged the order dated 7 July 2012 passed by the Industrial Court, Pune, which rejected its Revision Application without assigning any reasons. The Revision Application had challenged the order dated 27 June 2012 of the Labour Court, Pune, which held that the enquiry conducted against the Respondent was legal, fair and proper, but the finding of the enquiry officer was perverse as there was no sufficient evidence to prove misconduct. The Industrial Court, while rejecting the revision, merely referred to judgments against such interlocutory orders and did not give any reasons on the merits of the matter. The High Court observed that the order/action based upon the enquiry report and/or the conduct of enquiry always goes to the root of the matter. The Revisional Court, considering the scope and purpose of revision, is bound to provide reasons while deciding even such preliminary issue. The Supreme Court judgment in Cooper Engineering Ltd. v. P.P. Mundhe does not permit the Revisional Court to avoid giving reasons. The High Court held that the Industrial Court's order was unsustainable and set it aside, remanding the matter back to the Industrial Court for fresh consideration in accordance with law, with a direction to decide the revision application on merits and pass a reasoned order within three months.
Headnote
A) Industrial Law - Domestic Enquiry - Preliminary Issue - Revisional Court's Duty to Give Reasons - The Industrial Court rejected the revision application without assigning any reasons on merits, merely relying on the judgment in Cooper Engineering Ltd. v. P.P. Mundhe. The High Court held that the Revisional Court is bound to provide reasons while deciding even a preliminary issue, as the basic requirement of passing reasons means reasons on merits. The order was quashed and the matter remanded for fresh consideration with reasons. (Paras 2-6)
Issue of Consideration
Whether the Industrial Court, while deciding a revision application against a preliminary order of the Labour Court on the validity of a domestic enquiry, is required to assign reasons on merits.
Final Decision
The impugned order dated 7 July 2012 passed by the Industrial Court, Pune is quashed and set aside. The matter is remanded back to the Industrial Court for fresh consideration in accordance with law. The Industrial Court is directed to decide the Revision Application on merits and pass a reasoned order within three months from the date of receipt of the order.
Law Points
- Revisional Court must assign reasons on merits while deciding revision against preliminary order on validity of domestic enquiry
- Cooper Engineering Ltd. v. P.P. Mundhe does not permit non-speaking orders
