The Karnataka High Court partly allowed a writ petition, filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ in the nature of Certiorari quashing the award passed by the Hon'ble Labour Court. The Court observed that the impugned award has been passed without assigning any valid and cogent reasons and therefore the same requires to be set aside on the ground of violation of principles of natural justice.
Brief Facts:
The petitioner was earlier working as a Junior Assistant at Ilkal Depot at the respondent - Corporation. On the allegation of dereliction of duty, a charge sheet was issued to the petitioner, and in the domestic inquiry that was held pursuant to the said charge sheet, an order of punishment was passed on 29.01.1999 reducing the pay of the petitioner by two incremental stages permanently and also for recovery of Rs.5,000/-. Being aggrieved, the petitioner had approached the State Government for adjudication of the dispute and since the matter was not settled, the State Government had made a reference to the Labour Court pursuant to which a case was registered.
The Presiding Officer, Labour Court, Vijayapura dismissed the reference case vide the impugned award dated 29.11.2017. Being aggrieved by the same, the petitioner is before this Court.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the Labour Court has not assigned any valid reasons for the dismissal of the reference case. He submitted that merely for the reason that the Conductor was found guilty in a domestic inquiry proceedings held against him, the Labour Court was not justified in holding that the Management had also established the charges against the petitioner. He submitted that except referring to the evidence that was placed before the Court, there is no finding recorded by the Labour Court.
Contentions of the Respondent:
The Learned Counsel for the Respondent argued in support of the impugned order and submitted that there is no illegality or irregularity in the said award and accordingly prayed to dismiss the petition.
Observations of the Court:
The Court noted that except referring to the oral and documentary evidence that was placed before it by the parties, there is no finding recorded by the Tribunal based on the said oral and documentary evidence which were produced by the parties.
The Court observed that the Labour Court has proceeded to dismiss the reference case solely on the ground that in the proceedings bearing KID No.64/1999, the Labour Court had held that the charges of misappropriation as against the conductor were held to have been proved by the Management. Merely for the said reason, the Labour Court could not have held that the Management had also proved the charges against the petitioner who was allegedly working as a cashier during the relevant period. The impugned award has been passed without assigning any valid and cogent reasons and therefore the same requires to be set aside on the ground of violation of principles of natural justice. The claim of the petitioner has been virtually rejected by the Labour Court without assigning reasons and therefore, the impugned order cannot be termed as a speaking order.
The decision of the Court:
The Karnataka High Court, partly allowing the petition, held that the impugned award Annexure - C dated 29.11.2007 passed by the Labour Court, Vijayapura is quashed and the matter is remitted to the Labour Court for fresh disposal in accordance with law after affording an opportunity of being heard to both the parties.
Case Title: Subhash vs The Divisional Controller
Coram: Hon’ble Justice S. Vishwajith Shetty
Case no.: WRIT PETITION NO. 62285 OF 2011 (L-KSRTC)
Advocate for the Petitioner: Mr. S K Hegde
Advocate for the Respondents: Mr. Veena Hegde
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