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Synopsis

A Bench of Justice M.R. Shah and Justice Krishna Murari while allowing an appeal, has set aside the order of the High Court that confirmed the Labour Court's order. The impugned judgment/award had set aside the Industrial Tribunal's order of termination of a workman. 

The Bench was of the opinion that the judgment and award so passed by the Labour Court later confirmed by the High Court was unsustainable. And further opined that, 

"The High Court has committed a very serious error in dismissing the writ petition/writ appeal confirming the judgment and award passed by the Labour Court setting aside the order of termination".

In the present matter the respondent was subjected to a departmental enquiry, where the charge against the deceased workman was that he did not issue the tickets to 10 passengers despite collected the fare. On conclusion of the departmental enquiry his services were terminated. Both the parties then placed evidence before the Tribunal on the charges alleged. Pursuant to which the Industrial Tribunal approved the order of termination.

Then the matter was taken to the Labour Court, the Court in its order had set aside the order of termination passed against the workman, pursuant to which even the High Court confirmed the order. Then, after a period of approximately 19 years from the date of passing the order of termination, the workman again raised the Industrial Dispute challenging the order of termination of 2001. In the meantime the workman died. The Labour Court passed an order awarding 50% back wages from the date of termination till his death. The Judgment and Award passed by the Labour Court was challenged before the Single Judge of the High Court, where the Bench dismissed the writ petition.

Therefore, the Rajasthan State Road Transport Corporation had preferred an appeal before the Top Court. 

The Court while allowing the appeal, thus noted that, "It is required to be noted that the order dated 21.07.2015 passed by the Industrial Tribunal which as such is a   higher forum than the Labour Court had attained the finality. Though the aforesaid fact was pointed out before the High Court, the High Court has not at all considered and/or appreciated the same and has confirmed the judgment and award passed by the Labour Court for setting aside the order of termination which as such was approved by the Industrial Tribunal". 

Case Title: Rajasthan State Road Transport Corporation vs. Bharat Singh Jhala (Dead) Son of Shri Nathu  Singh, through Legal Heirs & Anr.