Popular Tie Up Pvt Ltd vs Thogiram Gogoi And Anr
2022 Latest Caselaw 2956 Gua

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GAHC010081132021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : CRP(IO)/52/2021

            POPULAR TIE UP PVT LTD
            A COMPANY REGISTERED UNDER THE ERSTWHILE COMPANIES ACT, 1956
            AND IS A CONTINUING COMPANY WITHIN THE MEANING AND
            PROVISIONS OF THE COMPANIES ACT, 2013 AND IS HAVING ITS
            REGISTERED OFFICE AT A 5-6/NEW BUDGEBUDGE TRUNK ROAD, PO
            SARKARPOOL, GOPALPUR, KOLKATA-700143, CARRYING ON BUSINESS
            UNDER THE NAME AND STYLE OF SELENG TEA ESTATE, PO SELENGHAT,
            DIST JORHAT, 785636 AND IS REPRESENTED BY SRI SHASHI PRAKASH
            SINGH



            VERSUS

            THOGIRAM GOGOI AND ANR
            (WORKMAN) SELENG TEA ESTATE, PO SELENGHAT, DIST JORHAT, ASSAM,
            785636

            2:THE ASSAM CHAH KARMACHARI SANGHA

            A REGISTERED TRADE UNION AFFILIATED TO INDIAN TRADE UNION
            CONGRESS (INCTU) AND IS HAVING ITS BRANCHES AT VARIOUS PLACES
            THROUGHOUT ASSAM
            AND MORE PARTICULARLY
            A BRANCH IN JORHAT WHICH IS KNOWN AS ACKS
            JORHAT CIRCLE AND IS REPRESENTED BY ITS SECRETARY
            78500

Advocate for the Petitioner   : MR. A DAS

Advocate for the Respondent : MR. P KALITA (R-2)
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                                :: BEFORE ::
                  HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                O R D E R

12.08.2022

Heard Mr. A. Das, learned counsel appearing for the petitioner as well as Ms. A. Bhattacharyya, learned counsel representing the respondents.

This is an application under Article 227 of the Constitution of India read with Section 151 of the Civil Procedure Code, 1908 whereby the order dated 12.04.2021 passed by the learned Labour Court, Dibrugarh in Reference Case No.03/2021 is put to challenge.

In the court below, the petitioner filed an application praying for framing a preliminary issue that was rejected by the court below.

In order to buttress his argument, Mr. Das has relied upon a decision of the Supreme Court that was rendered in the Cooper Engineering Ltd. v. P.P. Mundhe, reported in 1975 2 SCC 661. Paragraph 22 of the said judgment is quoted as under:

"22. We are, therefore, clearly of opinion that when a case of

dismissal or discharge of an employee is referred for industrial adjudication the Labour Court should first decide as a preliminary issue whether the domestic enquiry has violated the principles of natural justice. When there is no domestic enquiry or defective enquiry is Page No.# 3/4

admitted by the employer, there will be no difficulty. But when the matter is in controversy between the parties that question must be decided as a preliminary issue. On that decision being pronounced it will be for the management to decide whether it will adduce any evidence before the labour court. If it chooses not to adduce any evidence, it will not be thereafter permissible in any proceeding to raise the issue. We should also make it clear that there will be no justification for any party to stall the final adjudication of the dispute by the Labour Court by questioning its decision with regard to the preliminary issue when the matter, if worthy, can be agitated even after the final award. It will be also legitimate for the High Court to refuse to intervene at this stage. We are making these observations in our anxiety that there is no undue delay in industrial adjudication."

Ms. Bhattcharyya has also agreed that this is a fit case for directing the court below to frame a preliminary issue after hearing both sides.

I have given my anxious consideration to the submission made by the learned counsel for both sides.

Under the given circumstances of the case, the impugned order dated 12.04.2021 passed by the learned Labour Court, Dibrugarh in Reference Case No.03/2021 stands set aside. The case is remanded back to the court below. The court below shall frame a preliminary issue on domestic inquiry and thereafter decide the matter in accordance with the procedure, as laid down by law.

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Both sides are directed to appear before the court below on 08.09.2022 for seeking further order(s).

The Civil Revision Petition accordingly stands disposed of.

JUDGE

Comparing Assistant