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TMI Blog2022 (8) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... nager; (ii) use of abusive language and threatening the branch manager; (iii) organizing demonstrations without prior notice; (iv) disrupting smooth functioning by preventing other employees from carrying out their functions; (v) deliberately flouting systems and procedures with the intention to undermine the branch manager's authority and increasing the operational risk of the branch; (vi) unauthorized absence from duty; (vii) disobedience of office orders; (viii) proceeding on medical leave without providing relevant medical certificates; and (ix) issuance of cheques from a bank account which did not have sufficient balance. The enquiry officer submitted an enquiry report dated 19 October 2013 finding the respondent guilty of all the charges. 4. The disciplinary authority issued a show-cause notice to the respondent on 22 October 2013 to explain why he should not be dismissed from service in view of the findings of the enquiry officer. The respondent sought an extension of 15 days. The disciplinary authority noted that it had granted an extension of 5 days but not having received any response, it imposed the penalty of dismissal from service by its order dated 06 November 2013. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite noticed infirmities, as, echoed in the impugned award, to occur in Annexure P-18, and, appertaining, to, affirmative conclusion(s), being made qua the workman, vis-à-vis, the apposite thereto charges drawn against him, do, necessarily acquire overwhelming legal weight, and, also enjoin theirs being revered. 4. Be that as it may, since the impugned award, is made, in pursuance to a petition filed, before the learned Tribunal, by the Workman, under Section 2-A, of the Industrial Disputes Act 1947, and, when after affording, the, fullest adequate opportunities, to the contesting litigants, to adduce their respective evidence(s), on the issues, falling for consideration, the learned Tribunal proceeded to make the impugned award, (i) thereupon the effect, if any, or the legal effect, of, Annexure P-18, inasmuch as, it containing evidence, in support of the conclusion(s), borne therein, does, emphatically, become(s) subsumed, within the canvas, and, contours, of, the evidence adduced, respectively, by the workman, and, by the employer, before the learned Tribunal, (ii) unless evidence emerged through the witnesses', who testified before the learned Tribunal, and, upon th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not amenable, to be returned upon charge No. 1(supra). However, the afore made submission, before this Court, by the learned counsel for the workman, is, made without his bearing in mind, the further facet, vis-à-vis, the workman, in his cross-examination, making articulation(s), coined in the phraseology, "No Branch Manager has dared to issue me letter prior to this". In addition, with the Workman, despite his coming into possession, of, the apposite letter, issued to him, by the Branch Manger, especially when no evidence, contra therewith, became adduced, by him, hence became enjoined, to dispel the factum, of, his not tearing it, rather ensure its production, before the Officer concerned. However, he failed to adduce/produce the afore letter before the Officer concerned, thereupon, dehors the CCTV footage, not graphically displaying his tearing the apposite letter, rather not cementing or filliping any conclusion, vis-à-vis, perse therefrom, any exculpatory finding, becoming amenable to be returned upon charge No. 1." 5 We are constrained to observe that the language in the judgment of the High Court is incomprehensible. Judgments are intended to convey the rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rse of discourse. Confidence in the judicial process is predicated on the trust which its written word generates. If the meaning of the written word is lost in language, the ability of the adjudicator to retain the trust of the reader is severely eroded. 11. We are constrained to remit the proceedings back to the High Court for consideration afresh. The judgment of the High Court is simply incomprehensible leaving this Court with no option than to remand the proceedings. The High Court must appreciate the delay and expense occasioned as a consequence and must make an effort to record reasons which are understood by all stake-holders. 12. Earlier too, in State of Himachal Pradesh v. Himachal Aluminium and Conductors, Civil Appeal No. 5032 of 2022, Supreme Court of India Sarla Sood v. Pawan Kumar Sharma, Special Leave to Appeal (C) No. 7768-7769 of 2017, Supreme Court of India this Court had to remand the proceedings arising out of similar judgments of the High Court of Himachal Pradesh, so that orders could be passed afresh in language which is capable of being understood. In Shakuntala Shukla v. State of Uttar Pradesh as well, (2021) SCC OnLine SC 672 a two Judge Bench of this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t replicates the individuality of the judge and therefore it is indispensable that it should be written with care and caution. The reasoning in the judgment should be intelligible and logical. Clarity and precision should be the goal. All conclusions should be supported by reasons duly recorded. The findings and directions should be precise and specific. Writing judgments is an art, though it involves skillful application of law and logic. We are conscious of the fact that the judges may be overburdened with the pending cases and the arrears, but at the same time, quality can never be sacrificed for quantity. Unless judgment is not in a precise manner, it would not have a sweeping impact. There are some judgments that eventually get overruled because of lack of clarity. Therefore, whenever a judgment is written, it should have clarity on facts; on submissions made on behalf of the rival parties; discussion on law points and thereafter reasoning and thereafter the ultimate conclusion and the findings and thereafter the operative portion of the order. There must be a clarity on the final relief granted. A party to the litigation must know what actually he has got by way of final reli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce must include the parties themselves, the legal advisers to those parties, other judges, other practising lawyers, academic lawyers and students, and last but by no means least the public at large. Lord Burrows also reiterates the view of Lord Bingham, that a judgment which is unclear or not concise and therefore inaccessible may contradict the rule of law: Ibid (T)here is the view that a judgment that is unclear or not concise and therefore inaccessible may contradict the rule of law. The great Lord Bingham - a master of judgment-writing if ever there was one - suggested this in his book, The Rule of Law. Having laid down as his first concretised element of the rule of law that 'the law must be accessible' he went on as follows: 'The judges are quite ready to criticise the obscurity and complexity of legislation. But those who live in glass houses are ill-advised to throw stones. The length, elaboration and prolixity of some common law judgments... can in themselves have the effect of making the law to some extent inaccessible.' 15. In a piece of academic writing, Justice Daphne Barak-Erez of the Supreme Court of Israel distinguished between academic writing and judgment w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the conflict. It speaks to those in society who are impacted by the discourse. In the layered formulation of analysis, a judgment speaks to the present and to the future. Whether or not the writer of a judgment envisions it, the written product remains for the future, representing another incremental step in societal dialogue. If a judgment does not measure up, it can be critiqued and criticized. Behind the layers of reason is the vision of the adjudicator over the values which a just society must embody and defend. In a constitutional framework, these values have to be grounded in the Constitution. The reasons which a judge furnishes provides a window - an insight - into the work of the court in espousing these values as an integral element of the judicial function. 18. Many judgments do decide complex questions of law and of fact. Brevity is an unwitting victim of an overburdened judiciary. It is also becoming a victim of the cut-copy-paste convenience afforded by software developers. This Court has been providing headings and sub-headings to assist the reader in providing a structured sequence. Introduced and popularized in judgment writing by Lord Denning, this development ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions can also benefit judgments when it is complemented by recording the facts and submissions. 23. The 'Issue' refers to the question of law that the court is deciding. A court may be dealing with multiple issues in the same judgment. Identifying these issues clearly helps structure the judgment and provides clarity for the reader on the specific issue of law being decided in a particular segment of a judgment. The 'Rule' refers to the portion of the judgment which distils the submissions of counsel on the applicable law and doctrine for the issue identified. This rule is applied to the facts of the case in which the issue has arisen. The analysis recording the reasoning of a court forms the 'Application' section. 24. Finally, it is always useful for a court to summarize and lay out the 'Conclusion' on the basis of its determination of the application of the rule to the issue along with the decision vis-à-vis the specific facts. This allows stakeholders, especially members of the bar as well as judges relying upon the case in the future, to concisely understand the holding of the case. 25. Justice M.M. Corbett, Former Chief Justice of the Supreme Court of South Africa, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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