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TMI Blog2015 (1) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt suffers from any such flaws. While interfering with the award of the Labour Court, the High Court did not keep in view the parameters laid down by this Court for exercise of jurisdiction by the High Court under Articles 226 and/or 227 of the Constitution of India and the impugned judgment cannot be sustained. In the result, the appeal is allowed and the impugned judgment passed by the High Court is set aside and the award passed by the Labour Court is restored - C.A. 412 Of 2015 - - - Dated:- 14-1-2015 - Gopala Gowda V. And BanumathiR., JJ JUDGMENT R. Banumathi, Leave granted. 2. This appeal by special leave arises out of the judgment dated 3.9.2012 passed by the High Court of Karnataka, in and by which, the High Court dismissed the appeal filed by the appellant-workman thereby, confirming the termination of the appellant. 3. Brief facts which led to the filing of this appeal are as under:- The appellant was appointed on the post of Driver in the Bangalore Metropolitan Transport Corporation on 3.9.1985 and was working on the same post since then. The appellant was served with article of charge dated 3.9.1990 alleging that he had secured appointment b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said order. The Division Bench dismissed the appeal filed by the appellant on the ground that the charges levelled against the appellant are serious in nature and that the punishment of dismissal from service imposed by the disciplinary authority was just and proper. In this appeal, the appellant assails the correctness of the above judgment. 6. Learned counsel for the appellant contended that the High Court erroneously held that the long delay of twelve years in holding the enquiry is not fatal to the case, although it is clearly evident that no reasonable explanation is forthcoming for the inordinate delay of twelve years in concluding the disciplinary proceedings. It was further submitted that in the similar cases of other workmen who produced bogus certificate, they were reinstated in the service withholding of few increments with cumulative effect and while so, the appellant alone cannot be discriminated by imposing harsh punishment of dismissal from service. 7. Per contra, learned counsel for the respondent-Corporation contended that the finding of guilt was based on appreciation of evidence on record and having regard to the gravity of the charges, the Labour C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Industrial Disputes Act. 11. In the Writ Petition, while setting aside the award of the Labour Court, learned Single Judge placed reliance upon the judgment of this Court passed in the case of Punjab Water Supply Sewerage Board Anr. vs. Ramsajivan Anr., reported in 2007 (2) SCC (L S) 668 = (2007) 9 SCC 86 and also another judgment of the High Court and observed that a person who practices fraud for securing employment cannot perpetuate on the ground of delay and the learned Single Judge faulted the Labour Court for exercising discretion under Section 11A of the Industrial Disputes Act and interfering with the punishment of dismissal from service. In our considered view, in exercise of its power of superintendence under Article 227 of the Constitution of India, the High Court can interfere with the order of the Tribunal, only, when there has been a patent perversity in the orders of tribunal and courts subordinate to it or where there has been gross and manifest failure of justice or the basic principles of natural justice have been flouted. In our view, when the Labour Court has exercised its discretion keeping in view the facts of the case and the cases of similarly situa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the relevant and material evidence adduced before the Tribunal was insufficient or inadequate to sustain the impugned finding. The adequacy or sufficiency of evidence led on a point and the inference of fact to be drawn from the said finding are within the exclusive jurisdiction of the Tribunal, and the said points cannot be agitated before a writ court. It is within these limits that the jurisdiction conferred on the High Courts under Article 226 to issue a writ of certiorari can be legitimately exercised. (Emphasis supplied) 13. In the case of Iswarlal Mohanlal Thakkar vs. Paschim Gujarat Vij Company Ltd. Anr., (2004) 6 SCC 434, it was held as under:- 15. We find the judgment and award of the labour court well reasoned and based on facts and evidence on record. The High Court has erred in its exercise of power under Article 227 of the Constitution of India to annul the findings of the labour court in its award as it is well settled law that the [pic]High Court cannot exercise its power under Article 227 of the Constitution as an appellate court or reappreciate evidence and record its findings on the contentious points. Only if there is a serious error of law or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich mandate that the State should secure a social order for the promotion of welfare of the people, ensure equality between men and women and equitable distribution of material resources of the community to subserve the common good and also ensure that the workers get their dues. More than 41 years ago, Gajendragadkar, J. opined that: 10. ...The concept of social and economic justice is a living concept of revolutionary import; it gives sustenance to the rule of law and meaning and significance to the ideal of welfare State. (State of Mysore v. Workers of Gold Mines, AIR 1958 SC 923 at page 928 para 10) 15. Once the Labour Court has exercised the discretion judicially, the High Court can interfere with the award, only if it is satisfied that the award of the Labour Court is vitiated by any fundamental flaws. We do not find that the award passed by the Labour Court suffers from any such flaws. While interfering with the award of the Labour Court, the High Court did not keep in view the parameters laid down by this Court for exercise of jurisdiction by the High Court under Articles 226 and/or 227 of the Constitution of India and the impugned judgment cannot be sustained. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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