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Tuesday, June 30, 2015

ONCE THE LABOUR COURT HAS EXERCISED THE DISCRETION JUDICIALLY, THE HIGH COURT CAN INTERFERE WITH THE AWARD, ONLY IF IT IS SATISFIED THAT THE AWARD OF THE LABOUR COURT IS VITIATED BY ANY FUNDAMENTAL FLAWS

ONCE THE LABOUR COURT HAS EXERCISED THE DISCRETION JUDICIALLY, THE HIGH COURT CAN INTERFERE WITH THE AWARD, ONLY IF IT IS SATISFIED THAT THE AWARD OF THE LABOUR COURT IS VITIATED BY ANY FUNDAMENTAL FLAWS

The appellant was served with article of charge alleging that he had secured appointment by producing a false transfer certificate. The enquiry officer submitted the report holding the appellant guilty for his misconduct. After affording opportunity to the appellant to show cause against the proposed punishment, the disciplinary authority passed the order imposing punishment of dismissal from service.

The appellant raised an industrial dispute before the III Additional Labour Court, Bangalore. The Labour Court directed the management of the corporation to reinstate the appellant in his original post with continuity of service but without backwages. In the Labour Court, appellant has produced notarized copies of orders passed by the respondent-Corporation in respect of other workmen, who have committed similar misconduct but were awarded lesser punishments.

The respondent-Corporation filed a writ petition before the High Court. The learned Single Judge allowed the writ petition holding that the punishment of dismissal from service was proportionate to the proved misconduct against the appellant.

The Supreme Court observed that the High Court did not keep in view the parameters laid down by this Court for exercise of jurisdiction by the High Court under Articles 226 and/or 227 of the Constitution of India. The High Court can interfere with the award, only if it is satisfied that the award of the Labour Court is vitiated by any fundamental flaws.


The Supreme Court held that they do not find that the award passed by the Labour Court suffers from any such flaws. The appeal was allowed and the order of the High Court was set aside and the award passed by the Labour Court is restored. [K.V.S. Ram Vs. B.M.T.C]

Prepared by: S. Hemanth
Advocate at Hemanth & Associates