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Rajasthan High Court · body

2005 DIGILAW 2067 (RAJ)

Maheshwari Textiles v. Labour Court, Bhilwara

2005-08-05

GOVIND MATHUR

body2005
Judgment Govind Mathur, J.-The appropriate Government under a notification dated 26.07.1989 referred an industrial dispute to Labour Court, Bhilwara in the terms as to whether the termination of workman Shakoor Khan w.e.f. 15.09.1986 by the Manager, M/s Maheshwari Textiles, RICCO Industrial Area, Bhilwara is just and proper, if not, then for what relief the workman is entitled. 2. The Labour Court by its award dated 111.1990 answered the reference declaring the workman entitled for reinstatement in services with all consequential benefits. The award dated 111.1990 was passed by holding ex parte proceedings. 3. The Employer on knowing about the award dated 111.1990 preferred an application under Rule 22(A) of the Rajasthan Industrial Disputes Rules, 1950 for recalling the award dated 111.1990. The application for recalling the award was also dismissed by the order dated 21.07.1992 passed by the Labour Court. 4. By this petition for writ a challenge is given by the petitioner-employer to the award dated 111.1990 as well as the order dated 21.07.1992 rejecting the application under Rule 22(A) of the Rules of 1950. 5. I have heard Counsel for the parties. 6. The award dated 111.1990 on its face is perverse as the reference has been answered without having any evidence and without discussing any evidence with regard to entitlement of the workman. It is minimum expectation from a judicial or quasi judicial authority to record evidence and then to discuss the evidence to reach at a specific conclusion, may it be even in ex parte proceedings. In the instant case, the Labour Court acted in most casual manner and answered the reference affirmative without discussing the evidence available making the workman entitled for the relief claimed. 7. In view of it, the award impugned Annexure-5 dated 111.1990 itself deserves to be quashed. Accordingly, the writ petition is allowed. The award dated 111.1990 and its subsequent publication by the appropriate Government under Section 17 of the Act of 1947 are hereby quashed. The order dated 21.07.1992 also stands quashed as the award dated 111.1990 has already been quashed. The Labour Court, Bhilwara is directed to decide the dispute referred under notification No. F1 (1) 536/ Labour/88 dated 26.07.1989 afresh. The parties are required to remain present before the Labour Court, Bhilwara on 26.09.2005. The record of the case be sent to the Labour Court, Bhilwara immediately.