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1991 Supreme(Cal) 337
High Court of Calcutta
P.K. Mukherjee, J.
Workmen of Birnagar Municipality – Appellant
Versus
7Th Industrial Tribunal – Respondent
C.O. 3395 of 1991
Decided on : July 12, 1991
Chuni Lal Ganguli, Sunit Krishna Dutta, Brojendra Nath Panda, Partha Sarathi Sengupta, Dipak Kumar Ghosh, S.R. Ghosh, Gitasree Banerjee
The power of the Tribunal to issue summons at any stage of the proceeding under Rule 20E of the West Bengal Industrial Disputes Rules, 1958, and the principles of natural justice.
Headnote:
WEST BENGAL INDUSTRIAL DISPUTES RULES, 1958 - RULE 20E - SUMMONS - POWER TO ISSUE - STAGE OF PROCEEDING - INTERPRETATION - NATURAL JUSTICE - VIOLATION - PREJUDICE - REVIEW OF ORDER - POWER OF TRIBUNAL - SCOPE.
Fact of the Case:
The petitioner association challenged the order of the Presiding Officer, 7th Industrial Tribunal, which directed the parties not to adduce fresh evidence at the stage of arguments and to come ready for arguments on the evidence and materials already on record. The petitioner association contended that the order was bad, void, and inoperative as the respondent Municipality withheld material documents and witnesses, and that the Tribunal erred in law in interfering with the earlier order for issuing summons to the Medical Officer of the Municipality.
Finding of the Court:
The court held that the Tribunal had the power to review its own decision under Rule 27 of the West Bengal Industrial Disputes Rules, 1958, but in the instant case, the Tribunal was incompetent to pass the order of recalling which had the effect of review of the order itself. The court further held that there was no violation of the principles of natural justice as the earlier order dated December 26, 1989, was passed in the presence of both the parties. The court also held that at any stage of the proceeding before commencement of the arguments, parties are entitled to adduce evidence.
Issues: 1. Whether the Tribunal had the power to recall its earlier order and direct the parties not to adduce fresh evidence at the stage of arguments? 2. Whether there was any violation of the principles of natural justice?
Ratio Decidendi: The court held that the Tribunal had the power to review its own decision under Rule 27 of the West Bengal Industrial Disputes Rules, 1958, but in the instant case, the Tribunal was incompetent to pass the order of recalling which had the effect of review of the order itself. The court further held that there was no violation of the principles of natural justice as the earlier order dated December 26, 1989, was passed in the presence of both the parties. The court also held that at any stage of the proceeding before commencement of the arguments, parties are entitled to adduce evidence.
Final Decision: The court allowed the writ petition and set aside the order of the Tribunal dated September 5, 1990. The Tribunal was directed to proceed to examine the witness on the basis of the earlier orders dated December 26, 1989, and in accordance with law after giving parties an opportunity to cross-examine.
P.K. Mukherjee, J.
1. THIS writ petition was moved on behalf of Workmen of the Birnagar Municipality represented by the President of the Birnagar Municipality Employees Association, challenging the order no. 89 dated September 5, 1990.
2. BY the said order, which is annexure E to the petition, the Presiding Officer, 7th Industrial Tribunal had passed a longish order and allowed the petition of the Municipality dated July 24, 1990 on contest and directed that the parties are not allowed to adduce fresh evidence at this stage and directed the parties to come ready for arguments on the evidence and materials already on record, which has been impugned in the instant writ petition, by the Employees Association of the Birnagar Municipality, (hereinafter referred to as the petitioner Association). Earlier, following dispute was referred by the State Government for adjudication to the aforesaid Tribunal, namely, "Whether dismissal of Shri Bimalendu Paul, Smt. Shibani Dutta, Smt. Renuka Bose and Shri Nemai Biswas is justified ? To what relief, if any, are they entitled ?"
3. THE petitioner Association filed their written statement, contending, inter alia, that the workmen were appointed to their respective posts on January 2, April 1, April 3, 1977 respectively, by the Secretary, on behalf of the Managing Committee of Ula Public Dispensary according to the relevant Rules framed for the purpose by the local Municipal authorities and that the workmen were working continuously since their respective dates of appointment. On May 15, 1991 the Managing Committee of the said Ula Public Dispensary by resolution recommended permanent appointment of Shri Bimalendu Paul, Smt. Shibani Dutta and Smt. Renuka Bose with effect from April 1, 1981 and that the resolution wrongly mentioned that they were appointed temporarily with effect from May 1, 1981. THE Municipality without declaring the said workmen permanent after completion of 240 days of continuous service from 1977 illegally, arbitrarily and malafide notice dated July 28, 1981 of the Chairman, terminated the services of the said workmen on and from July 29, 1981 without any reason whatsoever and that such purported termination was because the said workmen were members of the Congress Union and the Chairman of the Municipality belonged to the C.P.I.(M) and that the concerned workmen prayed for their reinstatement with full back wages.
4. IN support of its case the petitioner relied upon, inter alia, the following documents :
(a) Four certificates dated April 10, 1981 issued by Shri Sushil Kumar Nandi, Chairman, Birnagar Municipality in favour of the work- men concerned showing that they are working in the Municipality continuously since 1977.
(b) Four letters of appointment dated June 27, 1981 issued by Shri Sushil Kumar Nandi, Chairman, Birnagar Municipality.
(c) Resolution dated May 15, 1981 passed by the Managing Committee, Ula Public Dispensary.
(d) Resolution dated January 18, 1981 passed by the Managing Committee, Ula Public Dispensary.
The Municipality by their written statement denied the allegations made by the petitioner Association and apart from raising certain preliminary objections as to the maintainability of the order of reference, inter alia, contended that the Commissioners of the last Board after they being defeated in the Election on May 31, 1981 appointed four persons on June 10, 1981 without taking prior sanction, concurrence and consent of the Government in the Dispensary and in the Maternity Home and in the Conservancy Department under the Birnagar Municipality and that the said appointments were made with retrospective effect on the basis of a decision dated June 10, 1981 and the concerned workmen were deemed to have joined on June 1, 1981, whereas the Medical Officer in its note has mentioned the date of joining to be June 27, 1981. There was no record as to when the concerned workmen received the letter of appointment and that such appointments Were contrary to the
