Management of the Shevapet Urban Co-operative Bank Ltd. , Rep. by its General Manager v. Presiding Officer, Labour Court, Salem
2014-11-27
D.HARIPARANTHAMAN
body2014
DigiLaw.ai
Judgment 1. The writ petition is filed against the preliminary Award passed by the Labour Court, holding that the enquiry was not held in a fair and proper manner and the same is violative of principles of natural justice and that the workman was not given a fair opportunity. In the impugned Award, the writ petitioner was given opportunity to lead evidence before the Labour Court to sustain the order viz., dismissing the workman. The said Award is the subject matter of this writ petition. 2. The Supreme Court in Cooper Engineering Limited v. P.P. Mundhe reported in 1975 (2) SCC 661 has categorically held that a writ petition is not maintainable against preliminary award. The following passage found in paragraph 22 of the said judgment may be usefully reproduced below: "22...... 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." 3. The Management can very well agitate the correctness of the preliminary award after final award is passed. Hence, I am of the view that the writ petition is not maintainable. 4. Accordingly, the writ petition is dismissed. Since the industrial dispute is of the year 2000, the Labour Court is directed to give preference to the hearing of the dispute and in any event, dispose of the same within a period of one year from the date of receipt of a copy of this order. No costs.