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High Court Of Calcutta
RUMA PAL, D. K. JAIN
WEBEL NICCO ELECTRONICS LIMITED - Appellant
Versus
ANIMA ROY - Respondent
F. M. A. T. 3711 Of 1996
Decided On : 02/18/1997
INTERIM RELIEF - INDUSTRIAL DISPUTES ACT, 1947 - SECTION 15 (2) (B) - WORKMAN'S APPLICATION FOR INTERIM RELIEF - TRIBUNAL'S POWER TO REFUSE - WORKMAN'S OBLIGATION TO FILE WRITTEN STATEMENT - LEGAL PRINCIPLES GOVERNING GRANT OF INTERIM RELIEF - INTERPRETATION OF SECTION 15 (2) (B) - COMPATIBILITY WITH SECTION 10 (4) - SCOPE OF SECTION 15 - FACTORS TO BE CONSIDERED BY TRIBUNAL - WORKMAN'S ENTITLEMENT TO INTERIM RELIEF - CONDITIONS PRECEDENT - NEED FOR PRIMA FACIE CASE - IMPACT OF SECTION 15 (2) (B) ON TRIBUNAL'S DISCRETION - DISTINCTION BETWEEN INTERIM RELIEF AND FINAL RELIEF - PRINCIPLES OF SOCIAL JUSTICE AND FAIRNESS - TRIBUNAL'S ROLE IN ADJUDICATION PROCEEDINGS - APPLICABILITY OF SECTION 15 (2) (B) TO DISMISSED EMPLOYEES - NEED FOR ARGUABLE CASE ON MERITS - SUFFICIENCY OF MATERIAL IN APPLICATION FOR INTERIM RELIEF - TRIBUNAL'S DUTY TO DETERMINE ADMISSIBILITY OF INTERIM RELIEF - QUANTUM OF INTERIM RELIEF UNDER SECTION 15 (2) (B) PROVISO - NEED FOR LARGER BENCH DECISION DUE TO DIFFERING VIEWS - INTERIM RELIEF TO BE GRANTED SUBJECT TO PRIMA FACIE SATISFACTION ON MERITS.
Fact of the Case:
The workman, Smt. Anima Roy, was dismissed from her employment by the employer, M/s. Anima Roy, on 16th November 1993, following a domestic enquiry that found her guilty of serious misconduct. A dispute was raised by the workman and the Government of West Bengal referred the issue of the dismissal's justification to the Tribunal for adjudication. The Tribunal directed the workman to file her written statement by 25th August 1995, but she failed to do so. The workman then filed an application for interim relief, which the Tribunal refused to hear until the written statement was filed. The workman challenged this order in the High Court, which directed the Tribunal to dispose of the interim relief application without insisting on the filing of a written statement.
Finding of the Court:
The High Court held that the Tribunal had the discretion to refuse to grant interim relief at all, but that this discretion must be judicially exercised according to well-established principles, including the establishment of an arguable case by the applicant as to the merit of the dispute. The Court further held that the filing of a written statement was not a precondition to hearing an application for interim relief, and that the Tribunal must be satisfied at least prima facie on the material before it that the workman had an arguable case on the merits before granting interim relief.
Issues: 1. Whether a Tribunal can refuse to dispose of an application for interim relief under section 15 (2) (b) of the Industrial Disputes Act, 1947 until the workman files a written statement. 2. Whether the filing of a written statement is a sine qua non for the disposal of an application for interim relief. 3. What are the factors to be considered by the Tribunal, Labour Court, etc. under the Act for granting interim relief.
Ratio Decidendi: 1. A Tribunal has the discretion to refuse to grant interim relief at all, but this discretion must be judicially exercised according to well-established principles, including the establishment of an arguable case by the applicant as to the merit of the dispute. 2. The filing of a written statement is not a precondition to hearing an application for interim relief. 3. The Tribunal must be satisfied at least prima facie on the material before it that the workman has an arguable case on the merits before granting interim relief.
Final Decision: The High Court confirmed the judgment of the lower court, directing the Tribunal to dispose of the application for interim relief without insisting on the workman filing a written statement in the main matter. However, the Court also held that in disposing of the application for interim relief, the Tribunal must be satisfied at least prima facie on the material before it that the workman has an arguable case on the merits.
( 1 ) -THE issue before this court is whether a Tribunal can refuse to dispose of an application for interim relief under section 15 (2) (b) of the, Industrial Disputes Act, 1947 (hereafter referred to as the Act) until the workman files the written statement.
( 2 ) BEFORE considering the issues, I must say that I am baffled by the reluctance shown in this case by the workman to file a written statement. Ordinarily the delay in disposing of an Industrial Dispute is attributed to the employer who would he interested in defeating the outcome of the dispute by exhausting the workman. In this case admittedly the workman was served with the charge sheet on 29th June, 1991. The charges are serious ones. The domestic enquiry was held between 10th July 1991 to 5th October 1993. The enquiry officer found the workman guilty. On l6th November 1993 the employee was dismissed. According to the employer this was done on a consideration of the report of the enquiry officer, records, documents and the gravity of the misconduct committed. A dispute was raised by the workman. the Government of West Bengal referred the following issue for adjudication to the Tribunal:"whether the dismissal of Smt. Anima Roy by the management is justifide? What relief if any is she entitled to?"
( 3 ) NOTICES were issued by the Tribunal on 23rd June 1995 fixing 25th July 1995 for appearance by the parties. On 25th July 1995 the parties appeared and the workman was directed to file her written statement by 25th August 1995. She has not filed her written statement till today. She did however file an application for interim relief.
( 4 ) IT was in this background that the Tribunal passed the following order:"today is fixed for hearing of the interim relief. Today is fixed for filing of the written statement by the workman alongwith list or documents. Both parties are present. The workman has not filed any written statement. The learned lawyer for the workman pressed for hearing of the interim relief petition. Heard the submission of both sides. I have also gone through the interim relief petition filed by the workman and the written objection filed by the company. It appears to me that the Interim relief is in the aid of final relief and as such it mill be very much necessary to go through the prima facie case of both sides. I therefore direct the workman to file written statement first thereafter the interim relief petition will be taken up for hearing. To 25. 4. 1996 for written statement along with list of documents by the workman. "
( 5 ) ON 23rd July 1996 the workman moved an application under Article 226 challenging the order dated 29th March 1996. The application was disposed of on the same date by the order under appeal by holding that the Tribunal was not required to consider whether the workman had a strong prima facie case in disposing of an application for interim relief and as such the filing of the written statement by the workman was not a sine qua non for disposal of an application for interim. The Tribunal was accordingly directed to dispose of the application for interim relief first without insisting upon the filing of a written statement by the workman. Subsequent to this order the matter was listed before the Tribunal. It was submitted by the workman that no evidence whatsoever would be adduced on the point of interim relief. The employer then filed this appeal. The delay in preferring the appeal was condoned by this court.
( 6 ) THE employer has submitted that where a workman does not file a written statement for a period of one and a half years, as in this case, the workman could not insist upon the Tribunal disposing of an application for interim relief without filing a written statement. According to the appellant it was obligatory for the workman to file written statement before the hearing of the interim relief application. The submission is that without filing of the written statement it would not be possible for the Trib
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