Case: Caltex (India) Ltd Vs. E. Fernandez

would be readily granted but that otherwise the application would be entirely rejected. The appellants who were acting bona fide in the interests of public security and safety as well as in the interests of the whole petroleum industry and the safety of life and property for which it was necessary to maintain discipline rigidly did not agree to a punishment less than dismissal in view of such gross and wilful misconduct as had been proved. The Industrial Tribunal in the result rejected the application of the appellants.3. The appellants preferred an appeal to the Labour Appellate Tribunal for having the said order of the Industrial Tribunal set aside and for grant to the appellants of permission to dismiss the first respondent from their employ. The Labour Appellate Tribunal by its decision dated the 1st April, 1953, set aside the said order of the Industrial Tribunal and granted such permission to the appellants. The Labour Appellate Tribunal was of opinion that there was a substantial question of law involved and that there had been a perverse exercise of jurisdiction by the Industrial Tribunal. It held that in a case of this kind where the offence was prima facie proved and there was not even an allegation of want of bona fides, unfair labour practice or victimization on the part of the appellants, much less any proof thereof, the Industrial Tribunal had no jurisdiction to refuse the permission sought for.4. The first respondent thereupon presented a petition to the High Court of judicature at Bombay, being Miscellaneous No. 167 of 1953, for issue of a writ of certiorari or any other appropriate writ or directions under Art.226 of the Constitution on the ground, inter alia, that the said decision of the Labour Appellate Tribunal was without jurisdiction inasmuch as the said appeal before the Labour Appellate Tribunal did not involve any substantial question of law.5. Mr. Justice Desai issued a rule nisi on 29th April, 1953 to show cause why the writ prayed for should not be issued. The said petition came on for hearing before the said learned judge who delivered a considered judgment on the 14th July, 1953, dismissing the said petition and discharging the said rule nisi. The first respondent then preferred an appeal in the High Court of Bombay being appeal No. 77 of 1953, on the ground inter alia, that the Industrial Tribunal hearing even an application under S.33 of the Industrial Disputes Act, was meant to function as an arbitrator with a wide and unfettered discretion and that in the circumstances, the learned judge, Mr. Justice Desai, had erred in holding that the first respondents contention that the discretion of the Industrial Tribunal under S.33 of the Act was unfettered raised a substantial question of law.6. The said appeal was heard by the Division Bench of the High Court of Bombay consisting of Chagla, C.J. and Shah, J., and the learned judges allowed the said appeal and issued a writ against the 2nd respondent, the Labour Appellate Tribunal of India, Bombay holding that the Labour Appellate Tribunal had no jurisdiction to entertain the appeal as it did not involve any substantial question of law. A petition filed by the appellants before the High Court for the grant of a certificate under Art.133(1)(c) of the Constitution was also dismissed with the result that the appellants applied for and obtained from this Court special leave to appeal under Art.136 of the Constitution.7. This appeal raises the identical question which has been the subject-matter of our decisions in Atherton West & Co. Ltd. v. Suti Mill Mazdoor Union (1953 5 FJR 83), Automobile Products of India Ltd. v. Rukmaji Bala (1955 7 FJR 716) as also Lakshmi Devi Sugar Mills Ltd. v. Pt. Ram Sarup (195611 FJR 273).We have clearly laid down there that the Industrial Tribunal has no jurisdiction while entertaining an application under S.33 of the Industrial Disputes Act, 1947 to consider whether the punishment sought to be meted out by the employer to the workman is harsh or excessive. The measure of punishment to be so meted out is within the sole discretion of the employer who is to judge for himself what is the punishment commensurate with the offence which has been proved against the workman. The only jurisdiction which the Industrial Tribunal has under S.33 is to determine whether a prima facie case for the meting out of such punishment has been made out by the employer and the employer is not actuated by any mala fides or unfair labour practice or vicitmization. Once the Industrial Tribunal came to the conclusion in the present case that the enquiry which was conducted by the appellants was fair and no principles of natural justice had been violated in the conduct of the enquiry and the appellants bona fide came to the conclusion that dismissal was the only punishment which should be meted out by them to the first respondent, the Industrial Tribunal had no power to substitute another punishment for the one which was sought to be meted out by the appellants to the first respondent nor to impose any conditions on the appellants before the requisite permission could be granted to them. The whole approach of the Industrial Tribunal was wrong, and in so far as the Industrial Tribunal had sought to impose on the appellants the conditions set out hereinabove before the requisite permission could be granted to them, the Industrial Tribunal was exercising a jurisdiction which was not vested in it by law and a substantial question of law in regard to the jurisdiction of the Industrial Tribunal did arise in the appeal which was filed by the appellants before the Labour Appellate Tribunal. That being so, the Labour Appellate Tribunal had jurisdiction to entertain the appeal and the decision of the Division Bench of the High Court at Bombay in exercise of its appellate jurisdiction holding that the Labour Appellate Tribunal had no jurisdiction to entertain such appeal was clearly wrong.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]We have clearly laid down there that the Industrial Tribunal has no jurisdiction while entertaining an application under S.33 of the Industrial Disputes Act, 1947 to consider whether the punishment sought to be meted out by the employer to the workman is harsh or excessive.The measure of punishment to be so meted out is within the sole discretion of the employer who is to judge for himself what is the punishment commensurate with the offence which has been proved against the workman. The only jurisdiction which the Industrial Tribunal has under S.33 is to determine whether a prima facie case for the meting out of such punishment has been made out by the employer and the employer is not actuated by any mala fides or unfair labour practice or vicitmization. Once the Industrial Tribunal came to the conclusion in the present case that the enquiry which was conducted by the appellants was fair and no principles of natural justice had been violated in the conduct of the enquiry and the appellants bona fide came to the conclusion that dismissal was the only punishment which should be meted out by them to the first respondent, the Industrial Tribunal had no power to substitute another punishment for the one which was sought to be meted out by the appellants to the first respondent nor to impose any conditions on the appellants before the requisite permission could be granted to them. The whole approach of the Industrial Tribunal was wrong, and in so far as the Industrial Tribunal had sought to impose on the appellants the conditions set out hereinabove before the requisite permission could be granted to them, the Industrial Tribunal was exercising a jurisdiction which was not vested in it by law and a substantial question of law in regard to the jurisdiction of the Industrial Tribunal did arise in the appeal which was filed by the appellants before the Labour Appellate Tribunal. That being so, the Labour Appellate Tribunal had jurisdiction to entertain the appeal and the decision of the Division Bench of the High Court at Bombay in exercise of its appellate jurisdiction holding that the Labour Appellate Tribunal had no jurisdiction to entertain such appeal was clearly wrong.