Case Note & Summary
The petitioner, Indian Coffee Workers' Co-operative Society Limited, filed a writ petition under Article 226 of the Constitution of India challenging an award dated 30.09.2019 passed by the Labour Court, Bengaluru, in AID No. 1/2016. The Labour Court had directed the petitioner to reinstate the workmen (respondents 4 to 10) with continuity of service and 50% back wages. The workmen had raised an industrial dispute alleging that their services were terminated illegally without compliance with Section 25F of the Industrial Disputes Act, 1947. The Labour Court, after considering the evidence, found that the workmen had completed 240 days of continuous service and that the termination was illegal. The petitioner contended that the workmen were not workmen under the Industrial Disputes Act and that the Labour Court had erred in granting reinstatement. The High Court examined the scope of judicial review under Article 226 and held that the Labour Court's findings were based on evidence and were not perverse. The court noted that the Labour Court had correctly appreciated the evidence and that there was no jurisdictional error. Consequently, the writ petition was dismissed, and the award of the Labour Court was upheld.
Headnote
A) Industrial Law - Reinstatement of Workmen - Section 10(1)(d), 11A, 17B of Industrial Disputes Act, 1947 - Labour Court's Award - The petitioner, a co-operative society, challenged the Labour Court's award directing reinstatement of workmen with continuity of service and 50% back wages. The High Court held that the Labour Court had correctly appreciated the evidence and found that the workmen had completed 240 days of continuous service and that the termination was illegal for want of compliance with Section 25F of the Industrial Disputes Act. The award was found to be based on evidence and not perverse, hence no interference was warranted under Article 226. (Paras 1-10)
B) Writ Jurisdiction - Scope of Judicial Review - Article 226 of Constitution of India - The High Court reiterated that the power of judicial review under Article 226 is limited to examining whether the impugned order suffers from any error of law apparent on the face of the record or is perverse. The court cannot reappreciate evidence as an appellate court. Since the Labour Court's findings were based on evidence, the writ petition was dismissed. (Paras 8-10)
Issue of Consideration
Whether the Labour Court's award directing reinstatement of workmen with continuity of service and 50% back wages suffers from any jurisdictional error or perversity warranting interference under Article 226 of the Constitution of India.
Final Decision
The High Court dismissed the writ petition, upholding the Labour Court's award dated 30.09.2019 in AID No. 1/2016 directing reinstatement of the workmen with continuity of service and 50% back wages.
Law Points
- Industrial Disputes Act
- 1947
- Section 10(1)(d)
- Section 11A
- Section 17B
- Writ Jurisdiction under Article 226 of Constitution of India
- Scope of Judicial Review of Labour Court Awards
- Co-operative Societies Act
- 1959
Case Details
2023 LawText (KAR) (02) 9
Writ Petition No. 22751 of 2021 (L-RES)
Sri. Somashekar (for petitioner)
Indian Coffee Workers' Co-operative Society Limited
The Senior Labour Inspector, The Deputy Labour Commissioner, The Deputy Registrar of Co-operative Societies, Sri. Venkatarama, Sri. Revanna, Sri. B.K. Ramalingaiah, Sri. Ramachandra.B.V., Sri. Y.M. Ramakrishna, Sri. Ramaiah, Sri. V.M. Peter John
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the award of the Labour Court directing reinstatement of workmen with continuity of service and 50% back wages.
Remedy Sought
The petitioner sought to quash the Labour Court's award dated 30.09.2019 in AID No. 1/2016.
Filing Reason
The petitioner contended that the Labour Court erred in holding that the workmen had completed 240 days of continuous service and that the termination was illegal, and that the workmen were not workmen under the Industrial Disputes Act.
Previous Decisions
The Labour Court had passed an award on 30.09.2019 in AID No. 1/2016 directing reinstatement with continuity of service and 50% back wages.
Issues
Whether the Labour Court's award suffers from any jurisdictional error or perversity warranting interference under Article 226 of the Constitution of India.
Whether the workmen had completed 240 days of continuous service and whether the termination was illegal for non-compliance with Section 25F of the Industrial Disputes Act.
Submissions/Arguments
The petitioner argued that the workmen were not workmen under the Industrial Disputes Act and that the Labour Court had erred in granting reinstatement.
The respondents supported the Labour Court's award, contending that the findings were based on evidence and were not perverse.
Ratio Decidendi
The High Court held that the Labour Court's findings were based on evidence and were not perverse. The court cannot reappreciate evidence under Article 226 unless there is an error of law apparent on the face of the record. Since the Labour Court had correctly appreciated the evidence and found that the workmen had completed 240 days of continuous service and that the termination was illegal, no interference was warranted.
Judgment Excerpts
The Labour Court has correctly appreciated the evidence and has come to a conclusion that the workmen had completed 240 days of continuous service and that the termination was illegal.
The power of judicial review under Article 226 is limited to examining whether the impugned order suffers from any error of law apparent on the face of the record or is perverse.
Procedural History
The workmen raised an industrial dispute which was referred to the Labour Court, Bengaluru, and registered as AID No. 1/2016. The Labour Court passed an award on 30.09.2019 directing reinstatement with continuity of service and 50% back wages. The petitioner challenged this award by filing Writ Petition No. 22751 of 2021 before the High Court of Karnataka, which was dismissed on 07.02.2023.
Acts & Sections
- Industrial Disputes Act, 1947: Section 10(1)(d), Section 11A, Section 17B, Section 25F
- Constitution of India: Article 226
- Karnataka Co-operative Societies Act, 1959:
