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High CourtsDivision Bench(2003) 12 PAT CK 0078

Bihar State Road Transport Corporation vs The State of Bihar and Others

Patna High Court · Decided on 1 December 2003 · Citation: (2004) 1 PLJR 680

HON’BLE JUDGES
Ravi S. Dhavan, C.J · Shashank Kr. Singh, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 1164 of 2003

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Judgment

8 paragraphs · 341 words
1.

Limitation is condoned.

2.

The learned Judge has declined to interfere with the award of the Labor Court in the matter relating to an industrial dispute between the Bihar State Road Transport Corporation and its workman Indradeo Choudhary.

3.

The matter was adjudicated by the Labor Court, Bhagalpur on an adjudication referred and numbered as Reference Case No. 5/79 (Bihar State Road Transport Corporation v. Workman of 3.S.R.T.C.)

4.

The issue basically was that the management had not followed the provision of Section 25F of the Industrial Dispute Act, 1947. Conciliation having failed the matter was referred to for adjudication to the Labor Court. The Labor Court found that the misconduct to which the workman had been charged was illegal. The Labor Court found the domestic enquiry as unfair. Part of the proceedings had been recorded in english. The case of the workman is that it was basically a mistrial.

5.

The Labor Court was not incorrect when it basically certified that the domestic enquiry was not conducted under the norms of fair procedure.

6.

The Bihar State Road Transport Corporation in any case is in a mess. On the one hand it is contended before this Court that the Corporation is facing acute financial problems and on the other hand, the Corporation seems to have the luxury to engage its workmen in fighting cases right till the High Court. The decision of the Labor Court should be enough.

7.

The Court cannot help commenting that the Letters Patent Appeal which is available in permitting awards of Labor Courts or Industrial Tribunals to be challenged yet after a decision of a learned Judge, is a traversity of justice. If after the decision of the Labor Court and the decision by the learned Judge in a writ petition, the strife does not end in an industrial establishment, then the pendency of Letters Patent Appeal only encourages industrial disharmony. This forum, for industrial disputes, the sooner it is ended the better it would be for good worker and management relations.

8.

Dismissed.