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2003 DIGILAW 1229 (PAT)

Bihar State Road Transport Corporation v. State Of Bihar

2003-12-01

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2003
Judgment 1. Limitation is condoned. 2. The learned Judge has declined to interfere with the award of the Labour Court in the matter relating to an industrial dispute between the Bihar State Road Transport Corporation and its workman Indradeo Choudhary. 3. The matter was adjudicated by the Labour Court, Bhagalpur on an adjudication referred and numbered as Reference Case No. 5/79 (Bihar State Road Transport Corporation V/s. Workman of B.S.R.T.C.) 4. The issue basically was that the management had not followed the provision of section 25F of the Industrial Dispute Act, 1947. Conciliation having failed the matter was referred to for adjudication to the Labour Court. The Labour Court found that the misconduct to which the workman had been charged was illegal. The Labour Court found the domestic enquiry as unfair. Part of the proceedings had been recorded in english. The case of the workman is that it was basically a mistrial. 5. The Labour Court was not incorrect when it basically certified that the domestic enquiry was not conducted under the norms of fair procedure. 6. The Bihar State Road Transport Corporation in any case is in a mess. On the one hand it is contended before this Court that the Corporation is facing acute financial problems and on the other hand, the Corporation seems to have the luxury to engage its workmen in fighting cases right till the High Court. The decision of the Labour Court should be enough. 7. The Court cannot help commenting that the Letters Patent Appeal which is available in permitting awards of Labour Courts or Industrial Tribunals to be challenged yet after a decision of a learned Judge, is a traversity of justice. If after the decision of the Labour Court and the decision by the learned Judge in a writ petition, the strife does not end in an industrial establishment, then the pendency of Letters Patent Appeal only encourages industrial disharmony. This forum, for industrial disputes, the sooner it is ended the better it would be for good worker and management relations. 8. Dismissed.