Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2014 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 1385 - HC - Indian LawsTermination of services of an employee - principal contention of the learned counsel for the petitioner that the employee had been discharging supervisory and managerial functions by controlling three branches of the petitioner company at different locations - HELD THAT:- In the present instance, it is not a case of jurisdictional error but, at best, an adjudicatory error, if any. Further, the order of the first appellate authority cannot be treated as a nullity. The adjudicatory authority lacking the inherent jurisdiction is one thing and the applicant not fitting into the framework of a statute under which the authority does have power is another thing. In this case it cannot be stated that the petitioner company is not covered by the provisions of the Act, which in section 2(5) defines 'commercial establishment', which the petitioner is. In the same breath, it cannot be further said that the first appellate authority is not the proper authority under the said Act to exercise his quasi judicial jurisdiction over the petitioner company. The entire issue hinges on the categorisation of the deceased employee - whether he was an employee in terms of section 2(8). Even otherwise, there are disputed questions of fact to be adjudicated as has already been indicated. It is a truism to state that a decision is an authority to what it actually decides, more particularly, in the factual setting of the said case. The constitutional courts have always leaned towards the common man when he has come to the court with a grievance that he has been a victim of executive excesses or administrative vagaries. Under those circumstances the benefit of public law remedy cannot be thwarted on technicalities. Under a writ of certiorari the jurisdiction of the High Court is extremely restricted, for it looks at the decision making process rather than the decision itself - Going by the settled principles of law as to the writ of certiorari, it is difficult to see any error in the decision making process. It is only in the interest of Justice that this court desires to provide ample scope for the respective parties to agitate their issues, compendiously and comprehensively involving disputed questions of fact as well as the status of the parties, before a statutory authority, that is the second appellate authority - Going by the settled principles of law as to the writ of certiorari, it is difficult to see any error in the decision making process. It is only in the interest of Justice that this court desires to provide ample scope for the respective parties to agitate their issues, compendiously and comprehensively involving disputed questions of fact as well as the status of the parties, before a statutory authority, that is the second appellate authority. This Court is of the considered opinion that it is not a case of inherent lack of jurisdiction on the part of the first appellate authority, nor is it a case of laying challenge against statutory provisions as ultra vires. No infraction of principles of natural Justice has been pleaded, either. It is a simple case of determining whether the deceased employee is an employee in terms of section 2(8) of the Act - Petition dismissed.
|