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Issues: (i) Whether the High Court could interfere with the Labour Court's award of reinstatement without showing jurisdictional error, violation of natural justice, or error of law apparent on the face of the record; (ii) Whether retrenchment without proved compliance with Section 25F of the Industrial Disputes Act, 1947 was invalid and entitled the workman to reinstatement and back wages.
Issue (i): Whether the High Court could interfere with the Labour Court's award of reinstatement without showing jurisdictional error, violation of natural justice, or error of law apparent on the face of the record.
Analysis: The Labour Court had returned findings on facts after assessing the pleadings and evidence, and the High Court, in certiorari jurisdiction under Article 226 of the Constitution of India, could not reappreciate evidence or upset those findings as if it were an appellate court. The High Court set aside the award by assuming that the employee's initial engagement was illegal and by relying on considerations not pleaded or established before the Labour Court. That approach exceeded the settled limits of supervisory writ jurisdiction.
Conclusion: The High Court's interference with the Labour Court's award was unjustified and could not be sustained.
Issue (ii): Whether retrenchment without proved compliance with Section 25F of the Industrial Disputes Act, 1947 was invalid and entitled the workman to reinstatement and back wages.
Analysis: Section 25F requires one month's notice or wages in lieu thereof and retrenchment compensation to be paid at or before the time of retrenchment. The burden lay on the employer to prove tangible compliance. The employer's bare assertion that compensation had been offered and refused was unsupported by corroborative evidence or contemporaneous documents, and the belated dispatch of the demand draft did not establish compliance at the relevant time. Non-compliance with Section 25F renders retrenchment invalid in law.
Conclusion: The retrenchment was invalid for non-compliance with Section 25F, and the workman was entitled to reinstatement with back wages.
Final Conclusion: The award of the Labour Court was restored, the workman's reinstatement was upheld, and consequential monetary relief followed from the finding of unlawful retrenchment.
Ratio Decidendi: A High Court exercising certiorari jurisdiction cannot reweigh facts or substitute new grounds unsupported by the record, and retrenchment of a workman is void when the employer fails to prove strict compliance with the mandatory requirements of notice or notice pay and retrenchment compensation at the time of retrenchment.
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