Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration:The stand taken by the appellants-Management was that inits establishment, there were more than 100 workmen, hence,reference of a dispute to the Labour Court was without jurisdictionand consequently, any award passed by the Labour Court was notsustainable, whether the stand taken by the appellants-Managementjustified.Industrial Disputes Act, 1947 – Earlier, High Court hadgranted liberty for correction of factual error to substantiatethat there were more than 100 workmen and the appellantcould place on record the documents – Pursuant thereto,the Labour Court admitted application of appellant forsubmitting documents by order dated 30.06.2010 – Theobjection raised by the respondents-workmen was dismissedby order 12.08.2010 and application to summon officialwitnesses by appellants was allowed – Writ petition byrespondents-workmen – High Court set aside the said threeorders (30.06.2010, 12.08.2010 and 06.10.2010) passed bythe Labour Court – Propriety:Held: As the number of workmen employed in the establishmenthas a direct relation with the jurisdiction of the Labour Court or theIndustrial Tribunal to deal with the matter, it would be appropriate torefer to the material which was placed on record by the appellants-Management before the Labour Court, after the earlier writ petitionfiled by the appellants-Management was disposed of with liberty tothe Management to move for correction of factual error – A perusalof the documents prima facie shows that more than 100 workmenwere employed by the appellants-Management from 1999-2000 to2009-2010 – An application was filed by the respondents-workmenon 09.10.2001 with the appellants-Management raising certaindemands – It was on the basis thereof that, reference was madeto the Labour Court by the Labour Commissioner – The recordshowing that the appellants-Management was employing morethan 100 workmen, was available and was also a part of theearlier proceedings before the Labour Commissioner – On facts,the matter needs to be re-examined by the Labour Court, as thematerial permitted to be placed on record will go to the root ofthe case in determining the jurisdiction of the Labour Court toadjudicate the matter – Thus, matter is remitted back to the LabourCourt and appellant-management is permitted to lead evidence tosubstantiate that they were employing more than 100 workmenduring relevant period – The impugned order passed by the HighCourt and the three orders passed by the Labour Court set aside.[Paras 16, 17, 20, 22, 23]Industrial Disputes Act, 1947 – Whether a matter can beremitted back to the Labour Court for a decision afresh:Held: Liberty was given by the Supreme Court in Santhosh BansiMahajan’s case to file the said document before the Labour Courtand the matter was remitted back to the Labour Court to be decidedafresh. [Para 21] |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 799 |
Petitioner | Hind Filters Ltd. & Anr. |
Respondent | Hind Filter Employees’ Union & Anr. |
SCR | [2023] 14 S.C.R. 424 |
Judgement Date | 2023-08-17 |
Case Number | 8801 |
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