High Court Punjab-Haryana High Court

The Teona Coop. Agricultural … vs State Of Punjab And Others on 13 October, 2009

Punjab-Haryana High Court
The Teona Coop. Agricultural … vs State Of Punjab And Others on 13 October, 2009
C.W.P. No.3941 of 1990                                   -1-

     IN THE HIGH COURT FOR THE STATES OF PUNJAB
             AND HARYANA AT CHANDIGARH

                             C.W.P. No.3941 of 1990
                             Date of Decision: 13.10.2009

The Teona Coop. Agricultural Service Society Ltd., Teona,
Tehisal & District Bathinda               .....Petitioner

                              Versus

State of Punjab and others                          ...Respondents

Present: Mr. Inderjit Sharma, Advocate
for the petitioner.

Ms. Monica Chhibbar Sharma, DAG, Punjab.

CORAM:HON’BLE MR. JUSTICE K. KANNAN

1. Whether Reporters of local papers may be allowed to see the
judgment ? No

2. To be referred to the Reporters or not ? No

3. Whether the judgment should be reported in the Digest? No

-.-

K. KANNAN J.(ORAL)

1. The management, who suffered an order directing

reinstatement of the workman with back wages came on challenge

through this writ petition contending that there is no justification

for denying to the management any reasonable opportunity for

giving evidence. The counsel was present in Court on 05.12.1989

but when he found that witness had not been present, the Labour

Court proceeded to examine the workman and passed the award

on the same day.

2. Learned counsel appearing for the management points

out to the fact that on 16.05.1989, the Labour Court had framed

the issues on the basis of the pleading between parties and
C.W.P. No.3941 of 1990 -2-

directed the case for evidence for the first time on 26.09.1989.

The Court had recorded on that day that no evidence was

produced and while entertaining the plea for an adjournment, the

Labour Court adjourned the case to 31.10.1989 for the parties’

evidence and arguments. On 26.10.1989, the Court had recorded

the fact that the Judge was proceeding on leave on 31.10.1989

and therefore, the case had been adjourned to 05.12.1989 for

evidence of parties and arguments. Obviously, the modification

in the order adjourning to a particular date namely on 31.10.1989

was made by the Court in the absence of parties and therefore, the

subsequent order passed on 26.10.1989 also records the fact that

the parties were to be informed accordingly of the change in date.

It was not as if on the date when the case was adjourned on

05.12.1989, there was no representation for the management.

Their counsel was actually present.

3. The Labour Court had passed rather an unusual order

that since three opportunities had not been availed by the

management, there was no ground for adjourning the case and

proceeded to pass the order on the same day. The manner of

disposal leaves much to be desired. The Court was to adjudicate

on a serious issue of defalcation and on enquiry that was

conducted, which led to ultimate order of dismissal acting on the

report of the Enquiry Officer. The Court was required to see

whether the enquiry had been fair and proper and it was also
C.W.P. No.3941 of 1990 -3-

required to see whether the serious charge attributed against the

workman had been established or not. Even the statement by the

Labour Court that it had granted three opportunities, which were

not availed was wrong. I have already referred to the fact that the

issues themselves had been framed only on 16.05.1989. There

was no justification for Court to proceed post haste for a disposal

of the case for default. While desire of a Court to render

adjudication without any delay is a worthy approach, it should

always be seen in the context of whether a party, who was not

present was deliberately absenting himself or was abusing the

Court’s process. The Court should also examine issues of pleas of

adjournment in the context of how the party has acted during the

course of proceedings. The absence on one hearing date cannot

result in a serious consequence of the party not being granted an

opportunity to join issues on the merits of the claims. The award

upholding the workman’s entitlement to reinstatement does not

even traverse the grounds on which the workman was sought to

be terminated from service. A serious charge against the

workman has been unduly made light of and the order of the

Labour Court directing reinstatement and setting aside the order

of termination was wholly unjustified under the circumstances.

4. A summary order passed by the Labour Court upholding

the workman’s claim without any enquiry on merits has

unfortunately stayed in Court for two decades and it may be
C.W.P. No.3941 of 1990 -4-

unfair that the whole proceedings must go for a fresh adjudication

before the Labour Court but I see no other alternative than to

remit the matter to the Labour Court for a consideration in view

of the serious allegations made against the workman and the

complete lack of consideration of how the workman’s claim was

justified in the award passed by the Labour Court.

5. The award of the Labour Court is set aside and the

Labour Court is directed to take up the case adjudication and

disposal within a period of four months from the date of receipt of

copy of this order. The Labour Court shall report to this Court

after the enquiry is concluded. The learned counsel appearing for

the management states that the management will endeavour to

secure the presence of all the witnesses and would conclude its

evidence in two effective dates of hearing. The parties are

directed to appear before the Labour Court on 25.11.2009.

6. The writ petition is disposed of in the above terms.

(K. KANNAN)
JUDGE
October 13, 2009
Pankaj*