The Management of Premier Mills Private Ltd. v. The Presiding Officer, Labour Court, Salem
2007-01-20
K.CHANDRU
body2007
DigiLaw.ai
Judgment :- In all these writ petitions, the petitioner is the Management of the Premier Mills Private Limited and they have filed these writ petitions, challenging the orders passed by the Labour Court in the Interlocutory Applications. 2. Before the Labour Court, the non-employment of the second respondent/workmen is in question. According to the writ petitioner/Management, even though enquires were contemplated against the second respondents/workmen for certain irregularities, the workmen did not participate and hence, after enquiry, the workmen were dismissed from service, challenging which the workmen raised industrial disputes before the first respondent Labour Court. Before the Labour Court, the workmen wanted to mark some documents, even before the preliminary enquiry. For this purpose, they have filed Interim Applications, which were opposed by the Management on the ground that fresh documents cannot be marked prior to deciding the preliminary issue. 3. The Labour Court, conscious of its limitations under Section 11A of the Industrial Disputes Act, passed the impugned orders, allowing all the Interim Applications, stating that for the purpose of determining the preliminary issue, the documents which emanated from the date when the Management has issued the enquiry notice and to the date on which it rendered the finding can be taken note of. Aggrieved by the same, the Management has filed all these writ petitions. 4. I have heard the arguments of Mr. N. Umapathi, learned counsel for the writ petitioner/Management and Ms.Vaijayanthimala, learned counsel for the second respondents/workmen in all the writ petitions. 5. The Labour Court has correctly taken note of the decision of the Supreme Court in The Workmen of M/s. Firestore Tyre & Rubber Co. of India P. Ltd. Vs. The Management and Others ( AIR 1973 SC 1227 ) in arriving at the present conclusion. The materials on record as found in the proviso to Section 11A of the Industrial Disputes Act cannot be narrowed down, to say that for the purpose of deciding the preliminary issue, workmen cannot bring any document, so as to justify his objection to the conduct of the enquiry. Thus, the documents are relevant for the purpose of deciding the preliminary issue. If the Management succeeds in proving that the enquiry was conducted in terms of principles of natural justice and in accordance with the Standing Orders, then the proviso to Section 11A of the Industrial Disputes Act, will come into operation.
Thus, the documents are relevant for the purpose of deciding the preliminary issue. If the Management succeeds in proving that the enquiry was conducted in terms of principles of natural justice and in accordance with the Standing Orders, then the proviso to Section 11A of the Industrial Disputes Act, will come into operation. Even otherwise, an order passed by the Labour Court in an interim application, pending the main I.D., cannot be interfered with under Article 226 of the Constitution of India, as held by a series of decisions of this High Court. The Courts cannot interfere with the proceedings before the Labour Court at each and every stage and should have self-restraint. Under these circumstances, these writ petitions lack merits and accordingly, they shall stand dismissed. No costs. Consequently, all the connected M.Ps. are also dismissed.