Kenchappa N. and Somanna Shetty vs Gokulam Chitra Mandira

Ram Mohan Reddy

Petitioners claiming to be workmen under the respondent-Cinema Theater having raised conciliation proceeding under the Industrial Disputes Act, 1947, the State Government referred the industrial dispute, for adjudication, to the labour Court, Mysore, registered as Reference Nos. 16/1999; 73/1999 and 55/1998, respectively. Aggrieved by the common award of even date 11.2.2009; rejecting the references, have preferred these petitions.

The only contention advanced by the learned counsel for the petitioners is that the report Annexure-B dated 14.10.1996 of the Senior Labour Officer observing that the petitioners were employees and paid monthly wages in an inspection of the respondent-Cinema Talkies, was unavailable to the petitioners at the time when the dispute was adjudicated and that it was made available, after the award was passed, hence the workmen be extended an opportunity to place that relevant material before the labour Court to establish the jural relationship of employee and employer between the parties.

Learned counsel for the respondent-Cinema Talkies submits that even if Annexure-B report is introduced in evidence before the labour Court, it would not assist the petitioners to establish the jural relationship and therefore, there is no necessity to set aside the award and remit the proceeding to the labour Court. Learned counsel further submits that the petitioners having filed an application under Sub-section 2 of Section 20 of the Minimum Wages Act, 1948, wherein the jural relationship is in dispute, is pending before the Authority.

Keeping in mind the fact that petitioners claiming to be workmen discharging duties as Booking Clerk, Torch Boy and Clerk-cum-Supervisor unable to lay their hands on the report Annexure-B of the Senior Labour Officer, prepared pursuant to the inspection during the year 1996 indicating that they are employees of the respondent-Cinema Talkies, at the time of adjudication of the dispute before the labour Court, in my opinion, ends of justice would be met by quashing the award and remitting the proceeding for an enquiry by permitting the petitioner to introduce in evidence Annexure-B, in accordance with law. Whether the document is admissible or inadmissible and its relevancy, are to be considered by the Labour Court after a trial.

In the result, these petitions are allowed. The award impugned quashed and the proceeding remitted entitling the petitioners to produce the authenticated copy of Annexure-B and to lay before the labour Court relevant evidence to prove its contents, while also extending the respondent-Cinema Talkies, an opportunity of hearing and thereafter to pass an award strictly in accordance with law.

Parties, since represented by learned counsel, are directed to be present before the Labour Court, Mysore on 17.1.2012 without further notice.