SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1975 Supreme(SC) 532

SUPREME COURT OF INDIA
V.R. KRISHNA IYER, AND A.C. GUPTA, JJ.
N. M. Desai, Appellant
Versus
The Testeels Ltd., and another, Respondents.
Civil Appeal No. 245 of 1970
Decided on 17-12-1975.

Headnote:

Industrial Disputes Act, 1947 - Section 33(2) - Industrial dispute - Conciliation - Employee of first respondent was sought to be dismissed by it at a time when there was an industrial dispute pending conciliation - So, Management sought approval of Conciliation Officer as required by proviso to Section 33(2) of the Industrial Disputes Act, 1947 - Appellant officer passed an order refusing approval but assigning no reasons whatever - Aggrieved Management challenged the said order on score that a quasi-judicial power could not be exercised without complying with obligation to pass a speaking order – Held, conclusion arrived at was that order was void because every order passed by a quasi-judicial authority should contain reasons on face of the order - In this view, High Court set aside order and remitted matter back to Conciliation Officer - All this took place way back in - Court are not persuaded that the proposition of law which appealed to High Court is wrong - It follows that the order of Conciliation Officer impugned is bad and appeal must fail - It transpires that respondent Management has since reached a settlement of dispute with employee concerned and so question itself has become purely academic - Respondent has not entered appearance either - Appeal dismissed.

JUDGMENT

KRISHNA IYER, J.:—The appellant, the Conciliation Officer Ahmedabad, preferred this appeal by certificate.

2. The brief facts are that a certain employee of the first respondent was sought to be dismissed by it at a time when there was an industrial dispute pending conciliation. So, the Management sought the approval of the Conciliation Officer as required by the proviso to Section 33(2) of the Industrial Disputes Act, 1947. The appellant officer passed an order refusing approval but assigning no reasons whatever. The aggrieved Management challenged the said order on the score that a quasi-judicial power could not be exercised without complying with the obligation to pass a speaking order. The question was considered at great length by a Full Bench of the High Court of Gujarat to which it was referred. The conclusion arrived at was that the order was void because every order passed by a quasi-judicial authority should contain reasons on the face of the order. In this view, the High Court set aside the order and remitted the matter back to the Conciliation Officer. All this took place way back in 1969.

3. We are not persuaded that the proposition of law which appealed to the High Court is wrong. It follows that the order of the Conciliation Officer impugned is bad and the appeal must fail.

4. It transpires that the respondent Management has since reached a settlement of the dispute with the employee concerned and so the question itself has become purely academic. The respondent has not entered appearance either.

5. In these circumstances, the appeal is dismissed without costs.

Appeal dismissed.

For Citation: AIR 1980 SC 2124

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top