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1983 (9) TMI 317 - SC - Indian Laws

Issues involved: Industrial dispute regarding termination of services, jurisdiction of High Court under Art. 226, determination of workman status u/s 2(s) of Industrial Disputes Act.

Summary:
The Supreme Court criticized the practice of delaying industrial dispute resolution by raising preliminary objections and utilizing jurisdiction under Art. 226 and Art. 136 to avoid deciding vital issues promptly. In a case where a dispute from 1969 was still at the preliminary objection stage in 1983, the Court emphasized the need for tribunals to decide all issues simultaneously, especially in labor disputes to maintain industrial peace. The Court highlighted that the supervisory jurisdiction of High Courts and the Supreme Court should not be exploited to delay justice for those in need. The nature of jurisdiction under Art. 226 and Art. 136 was clarified, emphasizing the importance of not interfering with special tribunals' decisions on preliminary issues unnecessarily.

The case involved the termination of services of an employee in 1969, leading to a dispute referred to the Labour Court in 1970. The management raised a preliminary objection regarding the employee's workman status u/s 2(s) of the Industrial Disputes Act. The Labour Court, after considering evidence, found the employee to be a workman despite his designation. Dissatisfied with this decision, the management approached the High Court under Art. 226. The High Court interfered with the Labour Court's decision, leading to an appeal in the Supreme Court.

The Supreme Court criticized the High Court's interference, noting that it had wrongly interpreted the Labour Court's findings without considering the evidence. The High Court's decision to quash the Labour Court's order was deemed unjustified. The Supreme Court set aside the High Court judgments, restored the Labour Court's order, and directed the Labour Court to dispose of the reference promptly. The appellant was awarded costs amounting to Rupees five thousand.

In conclusion, the Supreme Court allowed the appeal, emphasizing the importance of timely resolution of industrial disputes and the need to respect the decisions of specialized tribunals in such matters.

 

 

 

 

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