TaxTMI 
TaxTMI 
2015 (7) TMI 1378
X X X X Extracts X X X X
X X X X Extracts X X X X
..... of Assam, Labour & Employment Department on 28.03.2012 making a reference to the Labour Court, Assam for adjudication of the following two issues:-- "(i) Whether the management of Green Field Tea Warehouse, Panjabari, Guwahati-37, Dist-Kamrup (Assam) is justified in dismissing or discharging its workman, Smti. Rehena Begum from her service? (ii) If not, is she entitled to be reinstated with full back wages and benefits or any other relief whatsoever as may be deemed fit and proper?" 5. On receipt of the notification, Ref. Case No. 2/2012 was registered and notices were issued to the parties. On receipt of notice, both the sides submitted their respective written statements. 6. Case of the workman as projected before the learned Labour Court was that the management had employed her to maintain accounts w.e.f. 14.11.1996. Initially she was paid Rs. 1,000/- per month, which was subsequently enhanced to Rs. 4000/- per month. Later she was required to work in the computer section and to maintain accounts. On 07.04.2010, she had requested the management to issue her formal appointment letter and to pay her monthly wages according to the pay scale as ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....this case. 12. Mr. Karmakar, learned counsel for the petitioner submits that the issue relating to higher wages to be paid to the petitioner was at the core of the dispute between the workman and the management. Workman had raised that dispute based on higher wages paid to similarly situated workman as per settlement entered into between the Guwahati Tea Warehousing Association and All Assam Tea Warehouse Workers' Association. When conciliation process was underway on this dispute, management abruptly dismissed the workman from service. Therefore, this was an issue which was required to be gone into by the learned Labour Court and failure to do so, has caused miscarriage of justice. He submits that to overcome such a situation, Legislature has provided Section 17A in the Act whereby, the State can intervene in an award passed by a Labour Court or by an Industrial Tribunal and modify the same. He, therefore, submits that this Court in the exercise of its power of judicial review may grant the relief as prayed for by the petitioner to do complete justice to the parties. 13. On the other hand, Mr. Sarma, learned Senior Counsel for respondent No. 3 submits that it is quite st....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f garden Kesarbari. On the other hand being cross-examined this DW-1 again contradicts himself and says that the concerned workman was removed for the allegation of commission of theft of two bags of tea leaves from the tea ware house. The above discussion as well as the contents of Ext. H show-cause notice issued to the concerned workman does not show that the concerned workman was charged with theft of two bags of tea leaves. DW-1 also admits that the theft was not reported to police. He does not explain why. 15. Coming to evidence of the workman side the concerned workman examined as WW-1 does say that the management issued show-cause notice to her and without giving opportunity of being heard she was dismissed from her service. There is however nothing in her evidence to suggest that she was charged with non-delivery of two or three bags of tea leaves or with theft of two bags of tea leaves by the management. During her cross-examination the management has not given any suggestion to her that she did not deliver two/three bags of tea leaves to some tea company/companies or that she committed theft of two bags of tea leaves. 16. In view of the discu....
X X X X Extracts X X X X
X X X X Extracts X X X X
....itioner has placed reliance on section 17A of the Act, the same is extracted hereunder:-- "17-A. Commencement of the award-(1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17: Provided that-- (a) if the appropriate Government is of opinion, in any case where the award has been given by a Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or (b) if the Central Government is of opinion, in any case where the award has been given by a National Tribunal, that it will be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the appropriate Government, or as the case may be, the Central Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days. (2) Where any declaration has been made in relation to an award under the proviso to sub-section (1), the appropriate Government or the Central Government may, within nine....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e Govt., gets the jurisdiction to interfere with an award of the Labour Court if it forms an opinion that giving effect to the award, either wholly or in part, will be inexpedient on public grounds affecting national economy or social justice. 19. What are public grounds affecting national economy or social justice have not been defined in the Act. But what can be understood from the said expression is that the appropriate Govt. may not give effect to an award or a part of it, if it is of the opinion that it will be inexpedient on public grounds affecting national economy or social justice. Public grounds affecting national economy or social justice are macro concepts and cannot be linked to an individual claim of a workman. To invoke its power by the State Govt. under section 17A of the Act, the award must be such that it has the potential to disrupt the finances of the State or hamper dispensation of social justice. 20. Keeping in mind the object behind section 17A of the Act, the claim of the petitioner may now be examined. As already noticed above, the reference has been answered in favour of the petitioner by holding her dismissal to be illegal and directing her reinstat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ve come to the clear and unmistaken conclusion that the impugned provision encroaches upon the judicial power of the State, as it violates the basic concept of rule of law and democratic pattern envisaged by the Indian Constitution, unhesitatingly, I strike down the impugned provision as being ultra vires the Constitution and consequently the provision contained under Sec. 17(2) of the Act to the extent of the words "subject to the provisions of Section 17-A" and whole of Section 17-A with Sub-sections 1 to 4 thereof are non-est under law. As an inevitable corollary, G.O. Ms. No. 2, Labour Department, dated 20.1.1994 is quashed as being unsustainable in view of what is held above. Now, the award which has been published in G.O. Rt. No. 2761, Women's Development, Chief Welfare and Labour Department, dated 23.12.1993 shall be operative and the same be implemented by respondents 3 to 5 within a period of one month from the date of receipt of a copy of this order." 22. Proceeding further, the Madras High Court referred to the provisions of Article 226(2) of the Constitution of India and the decision of the Hon'ble Supreme Court in Kusum Ingots & Alloys Ltd. v. Union of India....