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2006 Supreme(SC) 312

Supreme Court Of India
ARIJIT PASAYAT & TARUN CHATTERJEE
Karnataka Power CorporationLtd Through its Chairman & Managing Director and Anr. - PETITIONER:
K. Thangappan & Anr - RESPONDENT
Appeal (civil) 3726 of 2000
DATE OF JUDGMENT: 04/04/2006

Headnote:(A) Industrial Disputes Act, 1947 - Section 12(3) - Constitution of India - Articles 226 and 32 - Appointment of casual workmen - Delay and laches - Discretionary power of the court to refuse relief in cases of inordinate delay - Mere making of representations not a satisfactory explanation for delay.

(B) Writ Jurisdiction - Scope - Power under Article 226 is discretionary - Court may refuse to invoke extraordinary powers where negligence or omission to assert rights, combined with the lapse of time, causes prejudice to the opposite party - Discretion must be exercised judicially and reasonably.

(C) Proper Remedy - Writ petition is not the appropriate remedy for adjudicating the applicability of a settlement clause regarding employment.

Facts of the case:
A casual workman sought appointment based on a settlement clause regarding the absorption of workmen who had worked for a minimum period. However, the workman had not reported for duty for nearly two decades and only approached the employer for employment shortly before filing a writ petition. The High Court had previously allowed the petition, accepting the argument that the workman had been agitating the matter through representations.

Findings of Court:
The court found that the workman had remained silent for nearly twenty years. There was no evidence of continuous agitation, and the representations made shortly before the legal action did not justify the long period of inactivity.

Issues: Whether a writ petition filed after an inordinate delay can be entertained under Article 226 of the Constitution and whether the mere filing of representations constitutes a sufficient explanation for such delay.

Ratio Decidendi: The court ruled that delay and laches are critical factors when exercising discretionary powers under Article 226. Courts generally do not assist the tardy or indolent, as delayed intervention can cause public inconvenience or injustice to third parties. Furthermore, it was held that mere repeated representations are an inadequate explanation for an unreasonable delay in approaching the court for a remedy.

Result: The appeal is allowed.

Legal Category Hierarchy

  • administrative law
    • writ jurisdiction
      • delay and laches
  • industrial and labour law
    • industrial disputes
      • settlement under industrial disputes act
  • practice and procedure
    • limitation
      • laches

JUDGMENT:

ARIJIT PASAYAT, J.

Challenge in this appeal is to the legality of the judgment rendered by a Division Bench of the Karnataka High Court upholding the view of the learned Single Judge directing the appellants to appoint respondent No.1 (hereinafter referred to as the workman) in an appropriate vacancy in terms of Clause 4 of the Settlement dated 29.1.1979.

Factual position in a nutshell is as under:

Respondent No.1 was working as a nominal muster roll workman with the appellant No.1- Karnataka Power Corporation Ltd. (In short "Corporation"). On 29.1.1979 a settlement was arrived at in terms of Section 12(3) of the Industrial Disputes Act, 1947 (in short the Act). Clause 4 of the Settlement which is relevant reads as follows:

"Casual Labour- Casual workmen who have worked for a period of not less than 240 days during a period of 12 calendar months are agreed to be brought on monthly establishment from the first of the following month effective from 1.10.1978, subject to availability of vacancies. The surplus workmen, if any, will be kept on the waiting list and appointed as and when vacancies occur. In the case of workmen who are not provided with work during monsoon period, the number of days worked in two consecutive seasons will be counted to determine their eligibility".

According to the appellants, the respondent did not report for duty since February, 1979 and accordingly his name was removed from the nominal muster roll. In October 1997, respondent No.1-workman addressed a letter to the Corporation and sought employment as a Mason. The request was repeated on 17.1.1998 and thereafter in June, 1998. In reply, the appellant-Corporation stated that since respondent No.1 was not working with the Corporation at the time of confirmation of other nominal muster roll employees and the matter was 20 years old, it would not be possible to consider the request for providing employment. On 18.8.1998 a writ application was filed before the Karnataka High Court praying, inter- alia, for a direction to consider the writ petitioner for the post of Ist Class Mason. Corporation filed its reply pointing out that the writ petition was liable to be dismissed on the grounds of delay and laches. However, by order dated 18.8.1999 the writ petition was allowed by a learned Single Judge holding that it would be too much to expect a writ petitioner to retain copies of the communications that he had sent to the Corporation. Since the alleged acknowledgments produced had shown that some officers of the Corporation received the communications it would be desirable to accept the stand that representations were made and it would not be correct to say that the writ petitioner had slept over the matter for 18 years, as he was agitating the matter. The Writ Appeal filed by the Corporation was dismissed on the ground that Clause (4) of the Settlement clearly provided that as and when vacancy would arise, the workman would be appointed. That being the position, there was no scope for interference with the order of the learned Single Judge.

Learned counsel for the appellant-Corporation and its functionaries submitted that there was no evidence produced by the respondent to show that in 1982 and/or 1989 he approached the Corporation for employment. Even if it is accepted for the sake of argument that he sent representations it is clear that one was filed after three years and the other after 10 years. Significantly, in the representations sent in 1997 and 1998 there was no reference to so-called earlier representation, if any. This itself shows that there was no

substance in the plea of respondent No.1 that he had been agitating the matter. In any event, making a representation is not sufficient for filing a belated writ petition. In response, learned counsel for respondent No.1-workman submitted that the High Court had proceeded on equitable premises and no interference was called for.

The factual position as noted above clearly shows that for nearly














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