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TMI Blog2017 (11) TMI 2021X X X X Extracts X X X X X X X X Extracts X X X X ..... serves a statutory purpose viz., it excludes chances of arbitrariness and ensures a degree of fairness in the process of decision making. It is well settled by now that reason is the life of law. It is an indispensable component of a decision making process. A nonspeaking and non-reasoned order smacks arbitrary exercise of judicial or quasi-judicial or even administrative power. The impugned award cannot be sustained - Petition allowed. - Civil Writ Jurisdiction Case No. 1550 of 2016 - - - Dated:- 16-11-2017 - Honourable Mr. Justice Ashwani Kumar Singh For the Petitioner : Mr. Anil Kumar Sinha, Advocate. For private Respondents : Mr. Kumar Kaushik, Advocate, Mr. Nagadeo Choudhary, Advocate, Mr. Amresh Kumar Sinha, Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n their behalf also. 5. After hearing the parties, the Tribunal recorded its finding in paragraph-11 of the award dated 29.04.2015, which reads as under :- 11. Considering the facts and circumstances of this, I hold that the action of the management of Eastern Railway, Danapur in denying absorption of workmen S/Shri Brajesh Kishore Sinha and others, but the above mentioned 37 concerned workmen be given employment within two months. If they are not given job within two months i.e. within 60 days from the date of publication of the award, they are to be paid Rs.10,000/- per month each from the sixty first day. If the Railway management prays for time to give employment to this Tribunal within two months from the date of publication of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. Per contra, learned counsel appearing for the respondent workmen submitted that though the reference made has not been answered by the Tribunal, the purport of the order is clear and on that ground alone, the award cannot be held to be bad. He, however, hesitantly admitted that there is no discussion regarding oral and documentary evidences led before the Tribunal while passing the impugned award. 8. I have heard learned counsel for the parties and perused the record. 9. I find substance in the submissions made by the learned counsel for the petitioners. The reference made by the Central Government was the core issue and without deciding the same, the Tribunal could not have issued any direction for absorption of any workman. App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice. The third ground is that such awards are subject to Article 136 jurisdiction of the Court and in absence of reasons, it would be difficult for the court to ascertain whether the decision is right or wrong. 12. It is well settled by now that reason is the life of law. It is an indispensable component of a decision making process. A nonspeaking and non-reasoned order smacks arbitrary exercise of judicial or quasi-judicial or even administrative power. 13. For the reasons stated above, in view of the ratio laid down by the Supreme Court in the aforesated decisions, the impugned award cannot be sustained. Accordingly, the award dated 29.04.2015 passed by the Presiding Officer, Central Government Industrial Tribunal No.(1) Dhanbad is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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