2001 (1) TMI 989 - SC - Indian Laws

Summary

Issues Involved:
The issue involves the maintainability of an appeal against an order passed by a learned Single Judge under Section 17-B of the Industrial Disputes Act, 1947, before the Division Bench of the High Court under Clause 10 of the Letters Patent of Patna.

Judgment Summary:

Background:
The appeal arises from a Division Bench judgment of the High Court of Judicature at Patna, Ranchi Bench, concerning the termination of services of 28 workmen by the employer, which was challenged by the workmen under Section 17-B of the Industrial Disputes Act.

Facts and Legal Proceedings:
The Tribunal initially held the termination unjustified, awarding reinstatement and back wages to the workmen. Subsequently, a Single Judge directed the employer to pay full wages to the workmen, which was challenged in the Letters Patent Appeal (LPA) No. 177 of 1999(R). The Division Bench dismissed the LPA on the grounds that the order was not a 'judgment' under the Letters Patent.

Contentions:
The appellant argued that the Single Judge's order qualifies as a 'judgment' under the Letters Patent, while respondent No. 2 contended it was an interlocutory order not meeting the criteria of a 'judgment.'

Legal Interpretation:
The Court analyzed the meaning of 'judgment' under the Letters Patent, emphasizing the finality and impact on rights and obligations. It categorized judgments into final, preliminary, and interlocutory, with the latter category affecting vital rights and obligations.

Decision:
The Court held that the Single Judge's order under Section 17-B of the I.D. Act constituted a 'judgment' under the Letters Patent, making the LPA maintainable. The High Court's decision was set aside, and the matter was remanded for further consideration on merits.

Conclusion:
The appeal was allowed, parties were directed to bear their own costs, and the case was remanded to the High Court for a decision on the LPA in accordance with the law.