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2018 (7) TMI 2206

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..... Court to sustain such order of the Division Bench. The only expression used by the Division Bench in disposing of the appeal is on due consideration . Time and again, this Court has emphasized on the Courts the need to pass reasoned order in every case which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings on all the issues arising in the case and urged by the learned Counsel for the parties in support of its conclusion. It is really unfortunate that the Division Bench failed to keep in mind these principles while disposing of the writ .....

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..... quiry and submitted that the Department has not considered non-working days of the employees already furnished in Form 3A for the year 2005-2006 and there are some employees under the category of unskilled whereas the Department has treated all of them as semi-skilled. The Appellant, after considering the aforesaid, by order dated 15.04.2010, directed the Respondent to deposit ₹ 87,204/- within 15 days from the receipt of that order. It was also stated that the above order Under Section 7A is without prejudice to any action Under Sections 7C, 7Q and 14B of the Act. 5. On 21.01.2015, the Appellant, in exercise of the power Under Section 14B of the Act, ordered the Respondent to pay damages and allied dues of ₹ 91,585/- for the .....

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..... t to pay damages for the period from March 2006-April 2010 when all these objections were not taken before the learned Tribunal. Considering the aforesaid, we are of the view that the order passed by the learned Tribunal is just and proper and no case for interference with the impugned order is warranted. The writ petition filed by the Petitioner has no merit and is accordingly dismissed. 13. In our opinion, the need to remand the case to the High Court has occasioned for the reason that the Division Bench dismissed the writ petition filed by the Appellant (Petitioner) cursorily without dealing with any of the issues arising in the case as also the arguments urged by the parties in support of their case. 14. Indeed, in the absen .....

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..... one party has won and other has lost. We can never countenance the manner in which such order was passed by the High Court which has compelled us to remand the matter to the High Court for deciding the writ petition afresh on merits. 16. In the light of the foregoing discussion, we allow the appeal, set aside the impugned order and remand the case to the Division Bench of the High Court for deciding the writ petition afresh on merits in accordance with law keeping in view our observations made supra. 17. We, however, make it clear that we have refrained from making any observation on merits of the controversy having formed an opinion to remand the case to the High Court for the reasons mentioned above. The High Court would, therefore .....

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