2008 (3) TMI 708 - SC - Indian Laws

High Court Order Set Aside for Lack of Reasoning in Labor Award Case; Remitted for Fresh Consideration

Director, Horticulture Punjab & Ors Versus Jagjivan Parshad

The Supreme Court set aside the Punjab and Haryana High Court's non-reasoned order in a case challenging the dismissal of a Civil Writ Petition regarding ... - Issues involved: Challenge to judgment of Punjab and Haryana High Court dismissing Civil Writ Petition No. 6622 of 2005 regarding Award dated 13.1.2005 passed by Labour Court, Jalandhar.Background: Respondent appointed as a Gardner on 2.2.1989, services terminated on 25.1.1997. Matter referred to Labour Court u/s 10(1)(C) of Industrial Disputes Act, 1947. Labour Court held termination illegal, awarded reinstatement with 50% back wages.Issue 1 - Lack of Reasoning in High Court's Order: Appellant challenges High Court's non-reasoned order, citing lack of clarity in factual position. High Court's order merely referenced paragraph 8 of the Award without providing adequate reasoning. Appellant argues that High Court failed to consider various contentious questions, including appellant's classification as an industry.Issue 2 - Necessity of Reasons in Judgments: Supreme Court emphasizes the importance of reasons in judicial orders for clarity and transparency. Absence of reasons renders judgment unsustainable. Court cites previous cases highlighting the fundamental nature of giving reasons in administrative and judicial decisions.Conclusion: Supreme Court sets aside High Court's order, remits the matter for fresh consideration with a directive to provide a reasoned judgment. No opinion expressed on case merits. Appeal allowed without costs.