Case Note & Summary
The petitioner, Agew Steel Manufacturers Private Limited, challenged an interim order dated 11.11.2022 passed by the Industrial Tribunal, Ahmedabad, below Exh. 7 in Reference (IT) No. 52 of 2022. The Tribunal had granted interim relief in favor of the respondent union without hearing the petitioner and without providing any reasons in the order. The petitioner sought a writ of certiorari to quash the interim order and the reference order dated 24.04.2022. The High Court, after hearing the parties, found that the Tribunal had acted in violation of principles of natural justice by not affording an opportunity of hearing to the petitioner before passing the ex-parte interim order. The Court also noted that the order lacked any reasoning, which is essential even for interim orders. Consequently, the High Court allowed the petition, set aside the impugned interim order, and directed the Industrial Tribunal to hear both parties afresh and pass a reasoned order in accordance with law. The Court also disposed of the connected civil application for vacating interim relief.
Headnote
A) Industrial Law - Interim Relief - Ex-Parte Order - Section 10, Industrial Disputes Act, 1947 - The Industrial Tribunal passed an ex-parte interim order without hearing the employer and without assigning reasons, which was challenged by the employer under Articles 226 and 227 of the Constitution. The High Court held that such an order violates principles of natural justice and must be set aside, directing the Tribunal to hear both parties afresh. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 - The High Court exercised its supervisory jurisdiction to quash an interim order that was passed without jurisdiction and in violation of natural justice, emphasizing that tribunals must pass speaking orders even at the interim stage. (Paras 1-10)
Issue of Consideration
Whether the Industrial Tribunal could pass an ex-parte interim order under Section 10 of the Industrial Disputes Act, 1947 without affording an opportunity of hearing to the employer and without recording reasons.
Final Decision
The High Court allowed the petition, quashed and set aside the impugned interim order dated 11.11.2022 passed by the Industrial Tribunal, Ahmedabad below Exh. 7 in Reference (IT) No. 52 of 2022, and directed the Tribunal to hear both parties afresh and pass a reasoned order in accordance with law. The connected civil application was also disposed of.
Law Points
- Industrial Disputes Act
- 1947
- Section 10
- Interim Relief
- Natural Justice
- Speaking Order
- Writ Jurisdiction under Articles 226 and 227
