Almost thirty years after a labour matter was referred to an Industrial Tribunal, the Supreme Court has sent it back where it started..The matter stems from a reference made by the Rajasthan state government to the Industrial Tribunal, Kota back in July 1989. The government sought the Tribunal’s opinion on whether the demands made by the workmen of the Bundi Zila Petrol Mazdoor Sangh were just and valid..The workmen’s demands included payment of ex-gratia wages, casual leave, leave for National Holidays, salary increments, and free medicines and medical allowance, among others..The Industrial Tribunal decided in favour of the workers’ union in an ex parte award passed in 1995. The appellant before the Supreme Court – Bundi Zila Petrol Pump Dealers Association – challenged this award before the Rajasthan High Court in 1996. A year later, the High Court set aside the award..The workers’ union then filed an appeal against this order, after which the Division Bench of the High Court set aside the single judge order in 1999. This order was again passed in the absence of the Association, which then preferred a review petition in the High Court. The same was dismissed by the Division Bench. Therefore, the Association approached the Supreme Court in appeal..The Bench of Justices Abhay Manohar Sapre and Dinesh Maheshwari decided in favour of the Association, setting aside the orders of the Division Bench of the High Court as well as the award passed by the Tribunal..Among the reasons given for remanding a 30-year-old case was that the Association was not given an opportunity to contest the reference before the Tribunal. The Court further held,.“Second, the cause shown for their absence before the Industrial Tribunal constitutes a sufficient cause and entitles the appellant to claim an opportunity to contest the reference on merits..We find that this is not a case where the appellant appeared before the Tribunal and thereafter stopped appearing and proceeded ex parte.”.The Court went on to hold that every party has a right to contest a case on merits, subject to exceptions provided under law. Such exceptions did not apply to the appellant Association’s case, the Bench stated..Therefore, the Bench set aside all previous orders in the matter, and remanded the case back to the Industrial Tribunal at Kota. The Tribunal has been directed to decide the reference within six months from March 5, 2019, on which date the parties have been directed to appear..Read the judgment:
Almost thirty years after a labour matter was referred to an Industrial Tribunal, the Supreme Court has sent it back where it started..The matter stems from a reference made by the Rajasthan state government to the Industrial Tribunal, Kota back in July 1989. The government sought the Tribunal’s opinion on whether the demands made by the workmen of the Bundi Zila Petrol Mazdoor Sangh were just and valid..The workmen’s demands included payment of ex-gratia wages, casual leave, leave for National Holidays, salary increments, and free medicines and medical allowance, among others..The Industrial Tribunal decided in favour of the workers’ union in an ex parte award passed in 1995. The appellant before the Supreme Court – Bundi Zila Petrol Pump Dealers Association – challenged this award before the Rajasthan High Court in 1996. A year later, the High Court set aside the award..The workers’ union then filed an appeal against this order, after which the Division Bench of the High Court set aside the single judge order in 1999. This order was again passed in the absence of the Association, which then preferred a review petition in the High Court. The same was dismissed by the Division Bench. Therefore, the Association approached the Supreme Court in appeal..The Bench of Justices Abhay Manohar Sapre and Dinesh Maheshwari decided in favour of the Association, setting aside the orders of the Division Bench of the High Court as well as the award passed by the Tribunal..Among the reasons given for remanding a 30-year-old case was that the Association was not given an opportunity to contest the reference before the Tribunal. The Court further held,.“Second, the cause shown for their absence before the Industrial Tribunal constitutes a sufficient cause and entitles the appellant to claim an opportunity to contest the reference on merits..We find that this is not a case where the appellant appeared before the Tribunal and thereafter stopped appearing and proceeded ex parte.”.The Court went on to hold that every party has a right to contest a case on merits, subject to exceptions provided under law. Such exceptions did not apply to the appellant Association’s case, the Bench stated..Therefore, the Bench set aside all previous orders in the matter, and remanded the case back to the Industrial Tribunal at Kota. The Tribunal has been directed to decide the reference within six months from March 5, 2019, on which date the parties have been directed to appear..Read the judgment:
