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TMI Blog2002 (10) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... ghu (AIR 1963 SC 1895). In Nibaran (supra) this Court has been rather categorical in recording that the jurisdiction so conferred is by no means appellate in nature for correcting errors in the decision of the subordinate Courts or Tribunals but is merely a power of superintendence to be used to keep them within the bounds of their authority. More recently, in Mani Nariman Daruwala and Bharucha (deceased) through LRs Ors. v. Phiroz N. Bhatena Ors. (AIR 1991 SC 1494), this Court in the similar vein stated : In the exercise of this jurisdiction the High Court can set aside or ignore the findings of fact of an inferior Court or tribunal if there was no evidence to justify such a conclusion and if no reasonable person could possibly have come to the conclusion which the Court or tribunal who has come or in other words it is a finding which was perverse in law. Except to the limited extent indicated above the High Court has no jurisdiction to interfere with the findings of fact. Needless to record that there is total unanimity of judicial precedents on the score that error must be that of law and patently on record committed by the inferior Tribunal so as to warrant interven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf in his statement recorded on 25th November, 1997 in the proceedings before the Labour Court to the effect that he had not completed 240 days of service. Subsequently, upon consideration on the factual score, the Labour Court passed an Award in favour of the Appellant herein and returned a finding on fact that the concerned workman had not completed 240 days and, therefore, the termination was held to be valid and compliance of Section 25-F was not required in terms of the provisions of the Industrial Disputes Act. To continue with the factual backdrop, the Respondent- workman however, filed a Civil Writ Petition being C.W.P. No.15275 of 1999 against the said Award passed by the learned Labour Court, wherein the workman stated that there was some amount of miscalculation of the number of working days since Respondent-workman had in fact worked for exactly 240 days. Needless to record however that on 25th February, 1991, there was a strike and the Respondent-workman did also participate therein and this aspect of the matter stands highlighted by Mr. Ranjit Kumar in his submissions that the High Court in exercising jurisdiction under Article 227 of the Constitution reappreciate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iate Government be informed. It is against this order of the Labour Court that the High Court was approached under Article 227 of the Constitution and the latter relying upon the decision of this Court in American Express (supra) came to a conclusion that the workman in fact have completed 240 days of service and as such allowed writ petition and did set aside the award of the Labour Court with a direction that the petitioner be reinstated in service with full back wages. It is this finding which is under challenge before this Court with the grant of leave under Article 136 of the Constitution. The record of proceedings referred to thus depict that the Labour Court while rejected the Reference on appreciation of facts, the High Court thought it fit to reverse it on the basis of the law laid down by this Court in American Express (supra). It would thus be convenient to note the opinion expressed by this Court in American Express at this juncture. This Court in paragraph 5 of the Report has stated as below : 5. Section 25-F of the Industrial Disputes Act is plainly intended to give relief to retrenched workmen. The qualification for relief under Section 25-F is that he should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of eradication of social malady, it is a duty incumbent on to the law Courts to offer a much broader interpretation since the legislation is otherwise designed to perpetration of any arbitrary action and no contra view thus is plausible. American Express affirms such a view. Significantly, the appellant's contention does not run counter to the opinion expressed in American Express. It has been the definite contention of Mr. Ranjit Kumar that even the test laid down under American Express does not stand to acceptance of the workman's case. The requirement of the Statute of 240 days cannot be disputed and it is for the employee concerned to prove that he has in fact completed 240 days in the last preceding 12 months' period. As noticed hereinbefore, it has been the definite case of the workman concerned whilst at the stage of evidence that he has not worked for 240 days, as noticed hereinbefore in this judgment more fully. And it is on this score Mr. Ranjit Kumar has been rather emphatic that the High Court has thus fallen into a grave error in reversing the order of the Labour Court. It is a finding of fact which the High Court cannot possibly overturn without assa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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