IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Gowri Spinning Mills(P) Ltd., Dharmapuri - Petitioner
Versus
The Presiding Officer, Labour Court, Salem & Another - Respondent
W.P. No. 11805 of 2014 & M.P. No. 1 of 2014
Decided On : 18-10-2019
Certiorari - Industrial Dispute - The court quashed the non-speaking order of the Labour Court dismissing the Interlocutory Application filed by the Management for signature verification, emphasizing that unreasoned orders cannot be accepted and directing the Labour Court to initiate the process of signature verification and adjudicate the Industrial Dispute expeditiously.
Fact of the Case:
The writ petitioner Management filed an Interlocutory Application for signature verification, which was dismissed by the Labour Court without assigning any reason.
Finding of the Court:
The court found the non-speaking order of the Labour Court to be unacceptable and quashed the order, directing the Labour Court to initiate the process of signature verification and adjudicate the Industrial Dispute expeditiously.
Issues: Dismissal of Interlocutory Application without reason, permissibility of signature verification, undue delay in adjudicating the Industrial Dispute.
Ratio Decidendi: Unreasoned orders cannot be accepted, and the court emphasized the need for genuine grounds for seeking adjournments and expeditious adjudication of the Industrial Dispute.
Final Decision: The writ petition was allowed, the order of the Labour Court was quashed, and the Labour Court was directed to initiate the process of signature verification and adjudicate the Industrial Dispute expeditiously.
JUDGMENT :
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records in I.A.No.327 of 2013 in I.D.No.607 of 2004 and to quash the order dated 22.01.2014 passed therein and pass such other or further orders as this Hon'ble Court may deem fit and thus, render justice.
1. The order dated 22.01.2014 passed in I.A.No.327 of 2013 in I.D.No.607 of 2004 is under challenge in the present writ petition.
2. Admittedly, an Industrial Dispute was raised by the workman in I.D.No.607 of 2004. The writ petitioner Management filed an Interlocutory Application in I.A.No.327 of 2013 with a prayer to send the documents signed by the workman for signature verification to the Experts. In this regard, the writ petitioner Management had filed five documents before the Labour Court concerned and instead of sending the documents for signature verification, Labour Court dismissed the Interlocutory Application without assigning any reason at all.
3. Perusal of the order impugned dated 22.01.2014, reveals that it is a non-speaking order and no reason has been assigned for the dismissal of the Interlocutory Application filed by the Management.
4. Labour Court ought not to have passed such an order in a blanket manner and in such Interlocutory Applications filed by any of the parties, are to be decided by furnishing reasons. Any unreasoned order cannot be accepted and therefore, the Labour Court has committed a grave error in not considering the Interlocutory Application on merits and by passing an order by assigning reason. In view of the fact that the order is non-speaking and no reasons are assigned, this Court is inclined to consider the writ petition.
5. This apart, sending the documents for signature verification is permissible, whenever there is a doubt raised in respect of the signatures of any of the parties. However, the Court has to find out, whether such petition is filed on genuine grounds or not. If the grounds raised are genuine with reference to the signature of any of the parties, then the Court is well within the powers to send those documents for signature verification in order to cull out the truth for the purpose of deciding the issues on merits.
6. This being the factum, the order dated 22.01.2014 passed in I.A.No.327 of 2013 in I.D.No.607 of 2004 is quashed.
7. Consequently, the relief sought for in the present writ petition is granted as prayed for and the Labour Court is directed to initiate all steps to complete the process of signature verification within Six weeks(6) from the date of receipt of a copy of this order and adjudicate the Industrial Dispute thereafter as expeditiously as possible and dispose of without causing any undue delay. The respective parties are directed, not to seek any unnecessary adjournments. Even in case of any adjournments, the Labour Court may grant adjournment only by recording the reasons, which shall be on genuine grounds.
8. With these directions, the writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.