The High Court dismissed a writ petition challenging a Labour Court award that granted reinstatement. The court held that workmen can file statements of claim individually in Union-raised disputes and ordered upholding the award despite pending subsequent termination proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 12802/2008
Raj Small Industries Corp Ltd
----Petitioner
Versus
Labour Court No 2 And anr
----Respondent
For Petitioner(s) : Mr.R.P.Garg For Respondent(s) : Mr.Mohit Balwada
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
16/01/2019
[CW-12802/2008]
(2 of 5)
himself submitted his statement of claim and not through the Union, and reference was not in relation to the termination or dismissal in terms of Sec.2k of the Act of 1947, the Labour Court could not have examined the dispute on the basis of statement of claim submitted by the workman individually and it ought to have been taken-up by the Union.
The counsel for the petitioner also submits that the post of peon/chowkidar is an encadred post in the service rules and if, the respondent-workman had been asked to perform the duties of chowkidar, he could not have refused to do so and he cannot be forced to work as peon and in view thereof, as the petitioner had asked the respondent to perform the duty of chowkidar, it cannot be said that the petitioner had disallowed the respondent to perform the duty.
[CW-12802/2008]
(3 of 5)
shows that the State Government vide its reference dated 27.3.1987 referred the following dispute to the Labour Court:
ÞD;k O;oLFkkid] jktLFkku y?kq m|ksx fuxe fy- eq[;ky;] t;iqj }kjk Jh jes’kpUnz 'kekZ ¼ ftuds fookn dk izfrfuf/kRo egkea=h jktLFkku y?kq m|ksx fuxe] deZpkjh laxBu m|ksx Hkou fryd ekxZ] t;iqj }kjk fd;k x;k½ dks M~;wVh ij u ysuk mfpr ,oa oS| gSAÞ
[CW-12802/2008]
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whom the Union has espoused the cause, may submit the statement of claim and ofcourse the workman whose espouse has been raised by the Union, will leave his own evidence. If a different view is taken, same would defeat the ends of justice as there may be circumstances where after the dispute has already been espoused by the Union and reference has been made because of change of Unions authority/functionaries, the Union may not file the statement of claim leaving the concerned aggrieved workman file. The said situation would defeat the very purpose of the Act of 1947. In view thereof, the submission made by counsel for the petitioner stands rejected.
[CW-12802/2008]
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apart, if a person is unable to perform the duty as chowkidar for reasons which may be many, he cannot be disallowed to perform his duties. The Labour Court has thus considered all the aspects and passed the well reasoned award which does not call for any interference. Further the award impugned dated 8.7.2008 is accordingly upheld.
dismissed. (SANJEEV PRAKASH SHARMA),J
Sandeep/-75
3 issues framed by the court
Whether an industrial dispute raised by a Union can be examined by the Labour Court on the basis of a statement of claim filed by an individual workman.
Whether the pendency of a subsequent dispute regarding termination requires the Labour Court to leave aside the earlier reference for reinstatement.
Whether posts of 'peon' and 'chowkidar' specified in the same list are interchangeable for the purpose of duties.
2 provisions across 1 enactments
Raj Small Industries Corp Ltd
Labour Court No 2
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
