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2000 Supreme(SC) 1132
SUPREME COURT OF INDIA
S.R.Babu : Shivaraj V.Patil
Hindustan Zinc Limited
Versus
Industrial Tribunal
Case No. : 457 of 1998
Date of Decision : 7/20/00
High Courts must decide writ petitions challenging industrial awards on their merits and the scope of interference regarding domestic enquiries, rather than disposing of them based on non-compliance with interim orders under Section 17-B of the Industrial Disputes Act, 1947.
Headnote:(A) Industrial Disputes Act, 1947 - Section 17-B - Challenge to award of Industrial Tribunal - Validity of domestic enquiry upheld - Scope of interference - High Court cannot dispose of a writ petition solely on the basis of non-compliance with an interim order under Section 17-B without dealing with the merits of the case and the scope of interference when the validity of a domestic enquiry has been upheld by the Tribunal.
Facts of the case:
A workman was terminated from service. The Industrial Tribunal held the dismissal illegal and directed reinstatement with continuity of service and full back wages, although it upheld the validity of the domestic enquiry. In a writ petition challenging this award, the High Court found that the charges against the workman were not proved on merits. However, the High Court disposed of the matter primarily on the grounds that an order made under Section 17-B of the Industrial Disputes Act, 1947, had not been complied with, without examining the scope of interference regarding the upheld domestic enquiry.
Findings of Court:
The High Court proceeded at a tangent by disposing of the matter due to non-compliance with an interim order rather than dealing with the merits of the case. The court failed to consider whether interference was justified given that the validity of the domestic enquiry had been upheld by the Tribunal.
Issues: Whether the High Court was justified in disposing of a writ petition based on non-compliance with an interim order under Section 17-B instead of addressing the merits and the scope of interference concerning the validity of a domestic enquiry.
Ratio Decidendi: When the validity of a domestic enquiry is upheld by the Industrial Tribunal, the High Court must address the merits and the scope of interference rather than disposing of the case based on the non-compliance of an interim order under Section 17-B of the Industrial Disputes Act, 1947.
Result: Appeal allowed.
(1) CHALLENGING the award made by the Industrial Tribunal holding that the dismissal of the respondent-workman as illegal and directing his reinstatement with continuity of service and full back wages and all other attending benefits, a writ petition was preferred, m the writ petition, learned Single Judge who disposed of the matter, noticed that the Tribunal had Upheld the validity of the enquiry ending with the termination of the service of respondent no. 2. However, on merits, the High Court reached the conclusion that the charges/allegations made against the concerned workman are not proved/The High Court without examining the contentions regarding the correctness of the conclusion reached by the Tribunal; firstly, as to the scope of interference when the validity of the domestic enquiry had been upheld and secondly, on merits of the matter, decided the writ petition. The High Court noticed that the order made under Section 17-B of the Industrial Disputes Act, 1947, had not been complied with and therefore, there was no necessity to go into the merits of the case.! This conclusion is rather surprising. The High Court ought to have dealt with the merits of the case and decided the case, but went at a tangent, proceeded to dispose of the matter for non-compliance with the interim order made by the Tribunal. Under the circumstances, we ^et aside the order made by the High Court and remit the matter back to the High Court for fresh consideration in accordance with law;. Considering the fact that the respondent no. 2 - workman had been terminated from service as early as the year 1980, we hope the High Court will dispose of the matter as expeditiously as possible. The appeal is accordingly allowed. There will be no order as to costs.
