TMI Blog1975 (7) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... s appeal we are not concerned with those matters. In the previous disputes the order of the management retrenching some workers was upheld by the Regional Conciliation officer and against that Shibban Lal Saxena served a notice of strike listing 18 demands and calling upon the management to reinstate the retrenched workers and pay them bonus. This notice was given on March 31, 1954. On April 16, 1954 a total strike was launched and Shibban Lal Saxena left for China. During his absence it appears that the management arrived at some sort of settlement with the working President of the Union and the dispute for the time being was resolved on July 11, 1954. Shibbanlal Saxena, however, returned from China and with his re-entry into the Union matters assumed serious proportions and the disputes reached a high pitch. Mr. Saxena is alleged to have excited the workers and wanted to re-open the agreement reached between the management and the working President of the Union on July 11, 1954. He also started an agitation and the workers responded to the go-slow call given by Mr. Saxena as a result of which the production of the Company came down from 500 cuts to 300 cuts resulting in huge loss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the question as to when the order of the Government was received by the workers and the High Court accepted the plea of the workers that there was sufficient lay in communicating the order of the Government to the workers as a result of which a writ petition was filed before the High Court after a year and a half. But the High Court found that the petitioners were not guilty of latches. This matter is a closed issue and need not detain us. A writ petition was eventually filed on May 15, 1958 for quashing the order of the Government dated February 28, 1956 and for directing a fresh reference. The writ petition was allowed by the order of the Single Judge dated October 7, 1963. Thereafter the management went up in special appeal to the Division Bench of the Allahabad High Court which decided the appeal on May 8, 1972 and quashed the order of the Government and directed it to reconsider the same in the light of the observations made by the High Court. It would thus appear that this writ petition was pending in the High Court for as many as fourteen years with the result that a strange situation has developed to-day. By the time the appeal has been heard by this Court more than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... give reasons it will bring the governmental machinery to a stand- still. It is well-settled that while the rules of natural justice would apply to administrative proceedings, it is not necessary that the administrative orders should be speaking orders unless the statute specifically enjoins such a requirement. But we think it desirable that such orders should contain reasons when they decide matters affecting the rights of parties. The Division Bench of the High Court however has set aside the order of the Government refusing to make a reference to the Industrial Tribunal and directed it to reconsider the matter on the following three grounds: (1) That the Government took into consideration the secret report which had seriously prejudiced and coloured its decision: (2) that in accordance with the principles of natural justice the Regional Conciliation Officer should have shown the secret report to the, other members of the Conciliation Board so that they may have an opportunity' to Rebut the same; and (3) that the Government order was based purely on the secret report sent by the Additional Regional Conciliation officer as also the report of the Labour Commissioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not been proved to be false manifestly shows that the Government before making the impugned order had considered all the aspects including the report of the Chairman and the members of the Conciliation Board, the Labour Commissioner and other surrounding circumstances. In these circumstances the finding of the Division Bench of the High Court that the order of the Government was based merely on the secret report of the Chairman or that of the Labour Commissioner is not sustainable. We fail to understand on what basis the High Court has presumed that the Government acted solely on the secret report of the Regional Conciliation officer. Under s. 4-K of the U.P. Industrial disputes Act the statute confers the power on the Government to refer any industrial dispute if it is of the opinion that such a dispute exists or that any matter is connected with, or relevant to the dispute. The Section runs as follows: Where the State Government is of opinion that any industrial dispute exists or is apprehended, it may at any time by order in writing refer the dispute or any matter appearing to be connected with, or relevant to, the dispute to a Labour Court if the matter of industrial di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hinks fit, and without delay, investigate the dispute and all matters affecting the merits and just settlement thereof, and may do all such things as it thinks fit for the purpose of inducing the parties to come to an amicable settlement. (2) In any case where the Conciliation Board is successful in bringing about an amicable settlement between the par ties it shall prepare a memorandum stating the terms of settlement arrived at and the Chairman shall send copies there of to the State Government the Labour Commissioner, U.P and the parties concerned. (3) Where no amicable settlement can be reached on one or more than one issue, the Chairman shall, within seven days (excluding holidays but not annual vacations observed ed bf courts subordinate to the High Court) of the close of the proceedings send to the State Government and the Labour Commissioner, a full report setting forth the steps taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing about an amicable settlement thereof. (4) The memorandum under sub-clause (2) or the report under sub clause (3) shall be submitted by the Chairman within thirty days (excluding holidays ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elied upon by Mr. Choudhri, counsel for the respondents. In the first place reliance was placed on A. K. Kraipak and ors. etc. v. Union of India and ors (l) ,where this Court observed as follows: The aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they do not supplant the law of the land but supplement it if the purpose of the rules of natural justice is to prevent miscarriage of justice one fails to see why those rules should be made inapplicable to administrative enquiries. Often times it is not easy to draw the line that demarcates administrative enquiries from quasi-judicial enquiries. This Court, however, took care to point out as follows: What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the framework of the law under which the enquiry is held and the constitution of the Tribunal or body of persons appointed for that purpose, Whenever a complaint is made before a court that some principles of natural justice had been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment through the Labour Commissioner. This was undoubtedly done. We are, therefore, unable to see and in fraction of the rules of natural justice in the present case. Reliance was also placed on the decision of this Court in State of Orissa v. Dr. (Miss) Binapani Dei and ors.(3). This case also does not appear to be or any assistance to the respondents. because in that case the entire procedure of inquiry held was in violation of the rules of natural justice, That, however, is not the position here. It was then contended by Mr. Gupte that after quashing the order of the Government refusing to make a reference and asking it to reconsider the same it was not open to the High Court to have given peremptory directions so as to circumscribe the statutory jurisdiction of the Government under s. 4-K of the U.P. Industrial Disputes Act. In our opinion this contention is well-founded and must prevail. Even if the High Court thought that the impugned order of the Government suffered from any legal infirmity all that it could have done was to have asked the Government to reconsider it but it had no jurisdiction to direct the Government how to act and how to exercise its statutory dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djudication. Therefore you are requested that within 10 days from the date of the receipt of this letter to send your dissenting re- port and whether further you want to say on your behalf to the Government. A perusal of this letter clearly shows that the Government did not exercise its independent decision under s. 4-K of the U.P. Industrial Disputes Act but was guided mainly by the judgment of the High Court 13 and the directions given in Special Appeal filed in the High Court. If the order of the High Court is quashed, then it will undoubtedly materially affect the decision of the Government in making a reference to the Industrial Tribunal. Had the Government made the reference uninfluenced by the High Court's directions the legal situation would have been different. The learned counsel for the respondents submitted that no prayer was made by the appellant for quashing the order of the Government far making a reference to the Industrial Tribunal. It was, however, not necessary for the appellant to make such a prayer because if the High Court's order is quashed, then any subsequent proceeding which comes into existence as a result of the High Court's order wo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
