Priya Gour
Published on: 1st August, 2022 at 18:36 IST
The Jammu High Court recently held that challenging Industrial Tribunal order under Article 226 can not be done if it is done on the basis of question of fact.
While hearing a writ petition, in M/s Manu Mohit Industries v State of J&K & Ors, Single-Judge bench of Justice Wasim Sadiq Nargal said that similar powers are enjoyed by an Industrial Tribunal/ Labour Court and civil court.
Therefore, the orders passed by a civil court and Industrial court can only be challenged before the High Court by way of a writ petition under Article 227 of the Constitution of India.
ABOUT THE CASE:
The workman-respondent was employed at the petitioner’s unit as a Foreman In-charge of repair and maintenance. His services were terminated on account of non fulfilment of duties. Following this, the workman raised a demand notice before the Labour-cum-Conciliation Officer, Jammu under Section 10 of the Industrial Dispute Act. This led to the matter being referred to the Industrial Tribunal/Labour Court, Jammu for adjudication.
An award to pay Rs.1 lakh as compensation to be paid to the workman by the petitioner was directed by the Tribunal after the proceedings.
However, the petitioner approached the High Court to file a writ under Article 226 to challenge the tribunal’s award.
DECISION OF COURT:
The High Court noted that the raised matter falls under the category of question of fact being disputed, which the High Court can not consider using its powers under Article 226 of the Constitution. The matter was regarding salary component and the eligibility of the petitioner as Workman in terms of Section 2(s) of the Industrial Disputes Act.
The Court cannot go into the disputed question of fact under Article 226 of the Constitution. Since, all such have already been considered in detail by the Tribunal before passing the order.
However, only if the petitioner seeks to challenge the vires of any other provision of Industrial Disputes Act or labour court, then powers under Article 226 can be invoked.
Justice Nargal, in present matter observed that, “If the challenge is limited only to the correctness or otherwise of the award, then it has to be considered that the power under Article 227 of Constitution has been invoked.”
Therefore, the above petition was dismissed by the court.