Case: Tractors (India), Limited Vs. Mohammed Sayeed &amp; Another

on the night of July 8.7. When the appellant found that the durwans were determined not to obey its lawful order issued by the appellants acting service manager, it decided to take action against them for their gross misconduct. Accordingly on 9-7-1954 charge-sheets were issued to the said durwans including the respondents and an enquiry was held on July 12. Evidence was taken at the said enquiry and full opportunity was given to the durwans to adduce evidence and also to cross-examine the witnesses who had sworn against them. No evidence was adduced by the durwans and they did not choose to cross-examine the witnesses either. As a result of the enquiry the appellant was satisfied that the charge framed against the durwans had been substantiated and that they were guilty of serious misconduct. The appellant took into account the fact that the durwans were members of the staff responsible for the safety of the factory and the appellants property. The appellant accordingly decided to dismiss the said durwans.8. At the material time, however, an industrial dispute was pending before the Third Industrial Tribunal of West Bengal, Calcutta, between the appellant and its workmen, and so the appellant filed applications under S. 33 of the Act before the said tribunal. The tribunal was satisfied that the appellant had held a proper enquiry and that on the evidence adduced at the enquiry the appellant was justified in dismissing the respondents. On this view the tribunal granted permission to the appellant to dismiss the respondents. The Labour Appellate Tribunal, however, was inclined to take the view that the refusal on the part of the durwans to accept the communication addressed to them could not be said to be a deliberate act of disobedience because the communication was written in English and the durwans did not know English nor were they told what it contained. It is on this finding that the appellate tribunal reversed the order of the tribunal under appeal. The appellant contends that the appellate tribunal has exceeded its jurisdiction in interfering with the order passed by the tribunal.9. There is no doubt that under S. 7 (1) (a) of the Industrial Disputes (Appellate Tribunal) Act, 1950, an appeal against the order passed under section 33 could lie only if it involved a substantial question of law.The respondents had urged before the appellate tribunal that their appeal raised a substantial question of law because the tribunal had travelled beyond the implication of the charge-sheet and its order was erroneous inasmuch as it had not considered the inherent contradiction between the affidavit filed by the appellant and the evidence before the tribunal. This latter contention has been rejected by the appellate tribunal, and we think rightly. It, however, took the view that the tribunals conclusion that the respondents were guilty of deliberate insubordination was wrong and it thought that the fact that the respondents did not know what the official communication contained should serve as an extenuating circumstance.In our opinion, in coming to this conclusion, the Labour Appellate Tribunal exceeded its jurisdiction.The simple question of fact which had to be tried by the tribunal under S. 33 was whether a prima facie case had been made out by the appellant against the respondents. The scope of the tribunals jurisdiction in entertaining applications made by the employer under S. 33 as been frequently considered by this Court.There is no doubt that in exercising its jurisdiction under S. 33 the tribunal is not sitting in appeal over the decision of the employer.This position was clearly recognised by the tribunal when it dealt with the present applications; and so it passed an order in favour of the appellant when it was satisfied that the appellant had held a proper enquiry and that the conclusion reached by it could not be said to be mala fide or unfair.On the findings made by the tribunal no question of law arose, much less did a substantial question of law fall to be considered by the Labour Appellate Tribunal. Therefore the Labour Appellate Tribunal should have held that the respondents appeal before it was incompetent. What the Labour Appellate Tribunal has purported to do is to appreciate evidence or itself and this clearly is outside its jurisdiction under S. 7 (1) (a).10. Besides, we may incidentally say that, even on the merits the conclusion of the Labour Appellate Tribunal appears to be patently erroneous. The sequence of events clearly indicates that the refusal of the respondents to accept the office order was deliberate. By their petition presented to the appellant on 7-7-1954 the respondents and their colleagues had clearly told the appellant that unless their demands were met they would not be prepared to work the security arrangements as desired by the appellant. The statement made by the bearer Ajamdar Pandav clearly shows that one of the durwans accepted the order while the others refused; and it also appears in evidence that the durwan who accepted the order got it explained by a clerk and that when the contents of the order were known to the other durwans they refused to take it. The explanation given by the respondents that the bearer had told them that if they refused to take the order they would be sent for by the appellants manager and the order would be explained to them is clearly an afterthought. It is significant that the charge-sheet which was served on the respondents was in English and they did not refuse to accept it on the ground that they did not know what it contained. It is thus clear that, having regard to the broad facts proved in this case, the conclusion of the tribunal was obviously right and the view taken by the Labour Appellate Tribunal is patently erroneous; but, as we have already observed, the Labour Appellate Tribunal had no jurisdiction to deal with questions of fact and that is the principal legal argument against the validity of the order passed by it.

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

Explanation:
1[ds]The respondents had urged before the appellate tribunal that their appeal raised a substantial question of law because the tribunal had travelled beyond the implication of theand its order was erroneous inasmuch as it had not considered the inherent contradiction between the affidavit filed by the appellant and the evidence before the tribunal. This latter contention has been rejected by the appellate tribunal, and we thinkour opinion, in coming to this conclusion, the Labour Appellate Tribunal exceeded its jurisdiction.The simple question of fact which had to be tried by the tribunal under S. 33 was whether a prima facie case had been made out by the appellant against the respondents. The scope of the tribunals jurisdiction in entertaining applications made by the employer under S. 33 as been frequently considered by this Court.There is no doubt that in exercising its jurisdiction under S. 33 the tribunal is not sitting in appeal over the decision of the employer.This position was clearly recognised by the tribunal when it dealt with the present applications; and so it passed an order in favour of the appellant when it was satisfied that the appellant had held a proper enquiry and that the conclusion reached by it could not be said to be mala fide or unfair.On the findings made by the tribunal no question of law arose, much less did a substantial question of law fall to be considered by the Labour Appellate Tribunal. Therefore the Labour Appellate Tribunal should have held that the respondents appeal before it was incompetent. What the Labour Appellate Tribunal has purported to do is to appreciate evidence or itself and this clearly is outside its jurisdiction under S. 7 (1) (a).10. Besides, we may incidentally say that, even on the merits the conclusion of the Labour Appellate Tribunal appears to be patently erroneous. The sequence of events clearly indicates that the refusal of the respondents to accept the office order wasis thus clear that, having regard to the broad facts proved in this case, the conclusion of the tribunal was obviously right and the view taken by the Labour Appellate Tribunal is patently erroneous; but, as we have already observed, the Labour Appellate Tribunal had no jurisdiction to deal with questions of fact and that is the principal legal argument against the validity of the order passed by it.