Principles of natural justice even applicable to administrative tribunals.

T. Ramprasada Rao, C.J.

In C.M.P. No. 8395 of 1976 filed in the course of the hearing of the above writ appeal, an expeditious lisposal of the appeal was asked for. The division Bench before whom it came consisting of Kailasam, C.J, and Balasubrahmanyan, J., referred the subject-matter to a Full Bench. It is in these circumstances this writ appeal is coming before us.

2. The facts which are relevant for purposes of our adjudication may be set out. A labour dispute is said to have arisen against M/s. New Horizon Sugar Mills Private Ltd., Ariyur, Pondicherry, in connection with the non-employment of Thiru G. Muthukrishnan, who was employed in the mills as a stores attender. A conciliation as usual was attempted. But no amicable settlement could be arrived at before the conciliation officer as between the worker represented by the New Horizon Sugar Mills National Workers Union, Ariyur and the Management of the Mills. On such failure, the Government, Law and Order department, Pondicherry, was asked to refer the subject-matter for adjudication to the Labour Court, Pondicherry. By its order dated 14th January, 1976 the Government regretted its inability to refer the issue, for adjudication to the Labour Court. Two weeks thereafter, the Workers' Union again made a representation to the Government of Pondicherry by its letter dated 31-1-1976. The grievance was that the Government committed an error by refusing to refer the case for adjudication. A reference is made to the introduction or S.11A in the Industrial Disputes Act wherein the Labour Court is said to have been vested with appellate powers so as to go into the question even as regards the quantum of punishment and the award of adequate relief. It was stated that the intention of the introduction of S.11A of the Industrial Disputes Act was to defend the worker from the penal section of the management without taking into consideration the gravity of the misconduct committed by him. A fresh plea was also made out in the representation that the management seized a slim opportunity to take revenge against the workmen to satisfy their grudge against him which was there for a long time. The speed with which the domestic completed its proceedings was also pressed into services. Factually the representation contained certain fresh material on which a review of the original order, made by the Government of Pondicherry under which they refused to make a reference, was sought. Admittedly a copy of the said representation was not sent to the management. The Government of Pondicherry considered this representation made on 31-1-1976 for a second time directly by the union for and on behalf of the workman, and without notice to the management or without hearing them, passed G.O. No. 74/75-LAB 31st March, 1976 and issued the following notification :

"Government of Pondicherry

Abstract

ACTS-Industrial Disputes, Act, 1947 - Dispute between the Management of M/s. New Horizon Sugar Mills Private Limited, Ariyur, Pondicherry and its worker - Referred to the Labour Court for adjudication.

Labour Department

G.O.Ms. No. 74/76-Lab 31st March 1976

READ : (1) Conciliation officer's Non Conciliation Report No. 77/75-Co dated 6-1-1976.

(2) This Department's letter No. 292/76 Lab-dated 14-1-1976.

ORDER

The following notification and the Annexure shall be published in the next issue of the official Gazette.

Whereas the Government are of the opinion that an Industrial Dispute has arisen between the Management of M/s. New Hoiizon Sugar Mills (Pvt.) Ltd., Ariyur, Pondicherry and its workman in respect of the matter mentioned in the Annexure to this order :

And whereas in the opinion of the Lieutenant Governor of the Union Territory of Pondicherry it is necessary to refer the said dispute for adjudication :

Now, therefore, in exercise of the powers conferred by cl. (c) of sub-s.(1) of S.10 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947) the Lieutenant Governor, Pondicherry hereby directs that the s