2008 Supreme(SC) 459

2008(2) Supreme 527
Supreme Court of india
Dr. Arijit Pasayat & P. Sathasivam, JJ.
State of Uttaranchal & Anr. — Petitioners
versus
Sunil Kumar Singh Negi — Respondent
Appeal (civil) 1924 of 2008
Decided on : 12-03-2008

Important Point
Reason is heartbeat of every conclusion and without same, it becomes lifeless.

Headnote:Industrial Disputes Act, 1947 - Respondent was engaged by appellant Horticulture department as daily wager and thereafter when work was available he was engaged from time to time - However, he did not work for 240 days in any calendar year - He did not work as daily wager w.e.f. 09.7.1992 of his own - Respondent after about nine years, raised an industrial dispute, which was referred to Labour Court - Labour Court directed department to reinstate respondent and to pay him Rs. 5000/- by way of back wages and Rs.1000/- by way of expenses of case - Respondent neither joined in said Department for quite a long period of one month nor gave any reply to said letter - Instead of joining work, respondent approached Assistant Labour Commissioner by filing a petition under Industrial Disputes Act, 1947 - Objection was filed by appellant stating therein that respondent himself was guilty of disobedience and he himself did not come to join place of work despite letter dated 24.09.2002 – Instead of joining work, respondent filed his rejoinder stating therein that employer had provided work at Pauri deliberately with a view to harass him - On 27.05.2005, Assistant Labour Commissioner, directed appellant to pay Rs.92,842/- to respondent holding that appellant ought to have reinstated respondent at same place where he was earlier working - Appellants filed Civil Writ Petition - Same was dismissed - Appeal - In view of specific stand taken by Department in affidavit, cryptic order passed by High Court could not be sustained - Absence of reasons rendered High Court order not sustainable - Reason is heartbeat of every conclusion and without same, it becomes lifeless - In light of factual details particularly with reference to stand taken by Horticulture Department at length in writ petition and in light of principles enunciated by this Court, namely, right to reason is an indispensable part of sound judicial system and reflect the application of mind on the part of the court, Held that impugned order of High Court could not be sustained - Under said circumstances, order of High Court set aside and matter remitted back to it for fresh disposal in accordance with law by a reasoned order - Appeal disposed of. (Paras 6 to 10)

       Facts of the case : –

       1.Respondent was herein in the instant case engaged by appellant Horticulture department as daily wager and thereafter when work was available he was engaged from time to time. However, he did not work for 240 days in any calendar year. He did not work as daily wager w.e.f. 09.7.1992 of his own. Respondent after about nine years, raised an industrial dispute, which was referred to Labour Court. On 23.07.2001, Labour Court directed department to reinstate respondent and to pay him Rs. 5000/- by way of back wages and Rs.1000/- by way of expenses of case. In pursuance of aforesaid award, Rs. 6000/- was deposited and respondent was asked to work as daily wager in Government Fruit Preservation Centre, Pauri under Department of Horticulture & Food Processing, Pauri. However, respondent neither joined in said Department for quite a long period of one month nor gave any reply to said letter. Instead of joining work, respondent approached Assistant Labour Commissioner by filing a petition under Industrial Disputes Act, 1947 and lodged a claim of Rs.92,842/- on ground that he had not been provided work. Objection was filed by appellant stating therein that respondent himself was guilty of disobedience and he himself did not come to join place of work despite letter dated 24.09.2002. Assistant Labour Commissioner, directed appellant to send one more letter to respondent by registered post calling upon him to join place of work. In compliance of order, a letter was sent to respondent on 08.10.2003. Writ Petition thereagainst was dismissed by High Court.

       2.Present appeal has been filed against said order of High Court

       Findings of the Court :

       The Court held that in view of specific stand taken by Department in affidavit, cryptic order passed by High Court could not be sustained. Absence of reasons rendered High Court order not sustainable. Reason is heartbeat of every conclusion and without same, it becomes lifeless. Right to reason is an indispensable part of a sound judicial system; reasons at least sufficient to indicate an application of mind to the matter before Court. Another rationale is that affected party can know why decision has gone against him. One of salutary requirements of natural justice is spelling out reasons for order made. In light of factual details particularly with reference to stand taken by Horticulture Department at length in writ petition and in light of principles enunciated by this Court, namely, right to reason is an indispensable part of sound judicial system and reflect the application of mind on the part of the court, Held that impugned order of High Court cannot be sustained. Under said circumstances, order of High Court set aside and matter remitted back to it for fresh disposal in accordance with law by a reasoned order. Appeal was disposed of.

       Result : Appeal disposed of.