TMI Blog2005 (2) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... appointment was, however, subject to the approval of the Registrar, Cooperative Societies, Haryana. Relaxation in respect of the qualification was given to her by the Registrar, Cooperative Societies on 23.12.1985. She had been given extensions of 89 days from time to time from 6.1.1985. The said period of 89 days eventually came to an end on 30.5.1986. Her services were not continued thereafter. No order of termination, however, was issued. She allegedly made a representation to the appropriate authority for continuing her in service. Indisputably, she thereafter joined the services of Haryana Urban Development Authority (HUDA) on or about 10.8.1988. Some other employees similarly situated raised an industrial dispute which was referred by the Appropriate Government for adjudication before an Industrial Court. The said employees got some relief in the said industrial adjudication. It stands admitted that the Appellant-Bank did not succeed in the High Court in the writ petition questioning the said award whereupon the concerned employees were reinstated. 2. Presumably because reliefs were granted in its award by the Industrial Court to the other workmen, a writ petition was fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... depend upon the facts of each case. The learned counsel would urge that Ajaib Singh (supra) was rendered on its own facts and did not constitute a binding precedent. 7. Our attention was drawn to a decision of this Court in Nedungadi Bank Ltd. v. K.P. Madhavankutty and Ors. (2000)ILLJ561SC wherein a different view is said to have been taken. The learned counsel would submit that the High Court committed a manifest error in interfering with the discretionary jurisdiction exercised by the Presiding Officer, Labour Court, insofar as it failed to take into consideration that apart from the ground of delay, the Respondent having worked only for about one year and three months and as in the meanwhile third party right had been created, the direction to reinstate her in the services of the Appellant was wholly unwarranted. Reliance, in this connection, was placed on Central Bank of India v. S. Satyam and Ors. (1996)IILLJ820SC. The learned counsel would further contend that as the Respondent while withdrawing the writ petition did not seek for any leave of the High Court to take recourse to another remedy, the proceeding before the Labour Court was not maintainable. Reliance, in this b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition may not bar other remedies like a suit or a petition under Article 32 of the Constitution of India since such withdrawal does not amount to res judicata, the remedy under Article 226 of the Constitution of India should be deemed to have been abandoned by the petitioner in respect of the cause of action relied on in the writ petition when he withdraws it without such permission. 11. The Labour Court, therefore, in our opinion, wrongly applied the principles of res judicata. BELATED CLAIM: 12. The Industrial Courts like any other court must be held to have some discretion in the matter of grant of relief. There is no proposition of law that once an order of termination is held to be bad in law, irrespective of any other consideration the Labour Court would be bound to grant relief to the workman. The Industrial Disputes Act does not contain any provision which mandates the Industrial Court to grant relief in every case to the workman. The extent to which a relief can be moulded will inevitably depend upon the facts and circumstances obtaining in each case. In absence of any express provision contained in the statute in this behalf, it is not for the court to lay do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner. We have also perused the aforementioned decision. We do not find that any general principle as contended by the learned counsel for the petitioner has been laid down in that decision. The decision was rendered on the facts and circumstances of the case, particularly the fact that the plea of delay was not taken by the management in the proceeding before the Tribunal. In the case on hand the plea of delay was raised and was accepted by the Tribunal. Therefore, the decision cited is of little help in the present case. Whether relief to the workman should be denied on the ground of delay or it should be appropriately moulded is at the discretion of the Tribunal depending on the facts and circumstances of the case. No doubt the discretion is to be exercised judicially... 16. Yet again in Assistant Executive Engineer, Karnataka v. Shivalinga : (2002)ILLJ457SC, a Bench of this Court observed : Learned counsel for the appellant strongly relied on the reasoning of the Labour Court and contended that the view of the High Court would not advance the cause of justice. Learned counsel for the respondent relied upon two decisions of this Court in Ajaib Singh v. Sirhind Coop. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act in the circumstances like the present one. In fact it could be said that there was no dispute pending at the time when the reference in question was made... 18. It is trite that the courts and tribunals having plenary jurisdiction have discretionary power to grant an appropriate relief to the parties. The aim and object of the Industrial Disputes Act may be to impart social justice to the workman but the same by itself would not mean that irrespective of his conduct a workman would automatically be entitled to relief. The procedural laws like estoppel, waiver and acquiescence are equally applicable to the industrial proceedings. A person in certain situation may even be held to be bound by the doctrine of Acceptance Sub silentio. The Respondent herein did not raise any industrial dispute questioning the termination of her services within a reasonable time. She even accepted an alternative employment and has been continuing therein from 10.8.1988. In her replication filed before the Presiding Officer of the Labour Court while traversing the plea raised by the Appellant herein that she is gainfully employed in HUDA with effect from 10.8.1988 and her services had been re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
