Case Note & Summary
The petitioner, an employee of Trimourti Moulds Pvt. Ltd., challenged the Labour Court's award dated 29.03.2008 in Reference IDA No. 68 of 1999, which answered the reference in the negative, holding that the petitioner had failed to join duties despite the employer sending various reminders. The petitioner contended that he was always ready and willing to join, but the employer refused to permit him, relying on documents at Exhibits 16, 18, and 25. The High Court, after hearing both sides, noted that the Labour Court had considered the petitioner's contention and the documents, though not specifically referring to them. The court observed that there was oath against oath and the Labour Court had taken a possible view of the matter. The High Court found no perversity in the award and dismissed the writ petition, upholding the Labour Court's decision.
Headnote
A) Industrial Dispute - Termination of Service - Abandonment of Employment - Labour Court's finding that employee failed to join duties despite employer's reminders - Employee claimed employer refused to permit joining - Oath against oath - Labour Court took a possible view - High Court in writ jurisdiction declined to interfere - Held that the Labour Court's award was based on evidence and not perverse (Paras 1-5).
Issue of Consideration
Whether the Labour Court erred in holding that the petitioner employee failed to join duties despite being willing, and whether the writ court should interfere with the Labour Court's finding of fact.
Final Decision
The High Court dismissed the writ petition, upholding the Labour Court's award dated 29.03.2008.
Law Points
- Labour Court's finding of fact based on evidence
- oath against oath
- possible view not to be interfered in writ jurisdiction
Case Details
2015 LawText (BOM) (10) 142
WRIT PETITION NO. 2004 OF 2009
Shri S.A. Kalbande for Petitioner, Shri H.V. Thakur for Respondent
Shri Manikrao Krishnarao Marotkar
The Manager, Trimourti Moulds Pvt. Ltd.
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Nature of Litigation
Writ petition challenging Labour Court award in an industrial dispute regarding termination of service.
Remedy Sought
Petitioner employee sought to quash the Labour Court award dated 29.03.2008 and sought reinstatement with continuity of service and back wages.
Filing Reason
Petitioner claimed that the Labour Court erred in holding that he failed to join duties, despite his willingness and employer's refusal.
Previous Decisions
Labour Court answered Reference IDA No. 68 of 1999 in the negative, holding that the petitioner failed to join duties despite employer's reminders.
Issues
Whether the Labour Court's finding that the petitioner failed to join duties is perverse or based on no evidence.
Whether the High Court should interfere with the Labour Court's award in writ jurisdiction.
Submissions/Arguments
Petitioner argued that he was always ready and willing to join duties, but the employer refused to permit him, relying on documents at Exh. 16, 18, and 25.
Respondent argued that the employer sent several reminders to the petitioner to join duties, but he failed to do so.
Ratio Decidendi
The Labour Court's finding of fact based on evidence, especially where there is oath against oath, is a possible view and not perverse; hence, the High Court in writ jurisdiction will not interfere.
Judgment Excerpts
The Labour Court has answered Reference IDA No. 68 of 1999 in respect of termination of service of the petitioner with effect from 14.01.199, in the negative.
After going through the decision of the Reference Court, it is apparent that the Labour Court has taken into consideration the contention raised by the petitioner...
There is an oath against oath. The reference Court has taken a possible view of the matter.
Procedural History
The Labour Court passed an award on 29.03.2008 in Reference IDA No. 68 of 1999. The petitioner filed Writ Petition No. 2004 of 2009 in the High Court. On 08.06.2009, the High Court issued notice for final disposal. The writ petition was heard and dismissed on 15.10.2015.
Acts & Sections
- Industrial Disputes Act, 1947:
