Partly allowed

M/S Daya Sugar Gagalheri and Another v. Presiding Officer Labour Court and 3 Others

Allahabad HC20 Apr 2023WRIC/48219/2016

Case brief

AI extract

What is this about?

The High Court quashed a Labour Court award passed exParte on technical grounds without examining merits due to unit attachment. It restored the case, directed disposal within six months, and maintained interim reinstatement.

What did the court decide?

Impugned award quashed; adjudication case restored; parties directed to file objections/affidavits; Labour Court to dispose on merits within six months; interim reinstatement and wages maintained.

M/S Daya Sugar Gagalheri and Another Vs… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 52 Case :- WRIT - C No. - 48219 of 2016 Petitioner :- M/S Daya Sugar Gagalheri And Another Respondent :- Presiding Officer Labour Court And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Bais,Ganesh Datt Mishra Counsel for Respondent :- C.S.C.,Komal Mehrotra,Shivniket Tripathi

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Hon'ble Kshitij Shailendra,J.

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1. Heard Shri Ashish Agarwal, learned counsel for the petitioners, learned Standing Counsel for respondents 1, 2 and 3 and Shri Awadh Sharma, learned Advocate, holding brief of Shri Shivniket Tripathi, learned counsel for respondent No.4.

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2. This petition has been filed challenging the award 19.10.2011, whereby the Labour Court, Saharanpur, has proceeded under Rule 12 (9) of the UP Industrial Disputes Rules, 1957 and has directed reinstatement of the respondent No.3 as Seasonal Weight-man Clerk terming his termination as illegal. Further directions for payment of entire backwages and other financial benefits have also been issued.

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3. Learned counsel for the petitioners submits that the impugned award has not been passed on merits rather it has been passed on the ground that the petitioners did not crossexamine the witness, i.e., the workman; that the affidavit filed on behalf of the petitioners was not verified and since the affidavit filed by the workman remained unsworn, there is no reason to disbelieve its contents.

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4. Learned counsel further submits that there were cane-sugar dues towards the petitioners, which is a sugar-mill and in the proceedings of recovery of such dues, the mill was under attachment with effect from 20.4.2011 and, thereafter,

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criminal prosecution of the officials of the mill was also launched in which even the Managing Director was sent to jail. He refers to the order-sheet of the adjudication case and argues that with effect from 13.7.2011 onwards, the absence on behalf of petitioners was recorded and after 4-5 dates, having heard the workman, the impugned award was passed on 19.10.2011.

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5. As regards the non-verification of the affidavit, the submission is that mill had filed a written statement duly verified by its Law Officer, a copy whereof has been annexed as Annexure-3 to the writ petition. A rejoinder affidavit was also filed before the Labour Court, however, for some reason, it could not be verified, but according to the learned counsel for the petitioners, this would not be relevant for the reason that the workman had replied the contents of such affidavit by filing a reply in the nature of replica against the written statement filed by the petitioners. He, therefore, submits that under the circumstances, where the pleadings were already on record and the case of the petitioners was strong on merits, the Labour Court should not have proceeded under Rule 12 (9) of the Rules, 1957, but should have considered at least the contents of the written statement, which was duly verified.

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6. He also submits that the order impugned is even otherwise not on merits in the sense that even no finding has been recorded regarding the merits of the case of the workman and in 2-3 lines, it has been held that termination of his services was illegal. He, therefore, submits that the workman did not

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discharge the burden of proving his case.

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7. Learned counsel for the respondent-workman, on the other hand, has vehemently argued that the employer deliberately absented himself from the proceedings and the reasons assigned for such absence are contrary to the factual position. He also referred to paragraph-17 of the counter affidavit in which it has been stated that a ground had been taken by the petitioners that the mill was locked on 20.4.2011, yet the employer appeared before the Tribunal on 13.7.2011 and filed pleadings.

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8. I have perused the order-sheet of the adjudication case in reference and insofar as date 13.7.2011 is concerned, absence of the employer was recorded not even on the said date, but also on subsequent dates.

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9. While entertaining the present writ petition, this Court passed following interim order on 4.10.2016 :

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"It is stated that written statement was filed on behalf of petitioners disputing the claim, but on account of subsequent attachment of unit itself, the employer could not depose in the matter. It is also stated that delay in filing of writ petition was occasioned on account of the fact that the unit had been attached and the Managing Director since has failed to pay the amount, as such, he was lodged in jail.

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Notices on behalf of respondent nos.1 to 3 have been accepted by learned Standing Counsel. Issue notice to respondent no.4. Steps be taken by registered speed post within a week.

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All the respondents may file counter affidavit within six weeks. Petitioners will have two weeks thereafter to file rejoinder affidavit. List thereafter.

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Till the next date of listing, effect and operation of the award passed in Adjudication Case No.34 of 2008, dated 19.10.2011, shall be kept in

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abeyance, provided the petitioners reinstate respondent workman as a seasonal employee, whenever the crushing season commences next, and pay him wages to which he is entitled as a seasonal employee."

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10. Learned counsel for the respondent-workman submits that in pursuance of the interim order granted by this Court, the respondent No.3 was reinstated as a Seasonal Employee and is still working as such. He also submits that the workman is being paid wages/salary admissible to him.

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11. Having heard learned counsel for the parties, I find that impugned award is quite cryptic in nature and, on the one hand, even the merits of the claim put by the workman was not examined by the Labour Court; on the other hand, the award was passed only for the reason that some unsworn affidavit was there and the employer did not appear.

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12. I find that once written statement was on record and, even otherwise, the reasons for non-appearance of the employer were genuine, that is to say that the mill was attached in the recovery proceedings in April, 2011, itself and the award was passed during the course of such attachment, the matter requires consideration of the claim and rival claim on merits.

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13. It is well-settled that in judicial and quasi judicial proceedings, parties should be provided sufficient opportunity to make their say in the matter to lead evidence and it is only thereafter the cases involving substantive rights of the parties should be decided on merits and ex parte decisions should be avoided.

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14. Therefore, I am of the considered opinion that within a

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time-bound period, the Adjudication Case No.34 of 2008 requires disposal on merits.

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15. In view of the above, the writ petition is partly allowed . The impugned award dated 19.10.2011 published on 3.4.2012 in Adjudication Case No.34 of 2008 is hereby quashed . The aforesaid adjudication case is restored to its original number and status.

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16. The petitioners as well as the respondent-workman shall be allowed two months' time to file their respective objections/additional objections/affidavits along with documents, which they want to rely on, in support of their respective cases.

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17. After filing of such affidavits, etc., the Labour Court shall permit production of witnesses from both sides and both the sides shall be allowed opportunity to cross-examine the witnesses of rival sides.

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18. Thereafter, Labour Court shall conclude the proceedings of aforesaid adjudication case by passing a reasoned and speaking order/award on merits within a period of six months .

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19. It is made clear that the benefit of interim order granted to the respondent-workman in terms of his reinstatement and payment of wages is not being disturbed. The respondentworkman shall be allowed to continue as a Seasonal Employee until disposal of the matter by the Labour Court and he will be paid wages/salary from time to time, which he is receiving as on date.

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20. Allowed in part in the aforesaid terms.

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Order Date :- 20.4.2023/LNTripathi

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Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad

M/S Daya Sugar Gagalheri and Another v. Presiding Officer Labour Court and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Daya Sugar Gagalheri and Another v. Presiding Officer Labour Court and 3 Others

Case brief

What is this about?

What did the court decide?

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