Case: M/S Atlas Cycle (Haryana) Ltd Vs. Kitab Singh

(a) In the year 1977, Kitab Singh – respondent herein was employed by the appellant-Company on piece rate basis in the Packing Department. On 28.11.1988, respondent was charge- sheeted for committing theft of goods belonging to the appellant-Company for which a written explanation dated 12.10.1989 was submitted by the respondent seeking pardon and assuring that he would not indulge in any such misconduct in future. This was accepted by the appellant-Company.(b) On 01.10.1992, respondent submitted his resignation citing domestic circumstances and the appellant-Company accepted the resignation on the same day.(c) On 07.10.1992, respondent wrote a letter to the Chief Minister of Haryana, leveling certain allegations against the management of the appellant-Company. In that letter, he alleged that on 30.09.1992, in the evening after finishing his duty, when he went to the puncture shop outside the factory to collect his scooter, which he had left in the morning, the security guard accused him of taking stolen goods in a bag. He further alleged that he was beaten up, given electric shock and forced to write the resignation letter and thereafter, left him in his home in an unconscious condition. It was further stated in that letter that when the respondent had gone to the factory in the morning of 01.10.1992, he was not allowed to enter.(d) Respondent sent a notice dated 13.10.1992 to the appellant-Company stating that when he went to attend duty on 01.10.1992, the security officer refused to enter him and he had not been given compensation under Section 25-F ofthe Industrial Disputes Act, 1947 (hereinafter referred to as) and that he should be reinstated with continuity of service.(e) The State Government, vide letter dated 11.01.1993, rejected his request for a Reference on the ground that he himself had resigned from the job after submitting resignation.(f) Aggrieved by the said reply, respondent filed a Writ Petition being CWP No. 10642 of 1993 before the High Court praying for referring the dispute to the Labour Court. The High Court allowed the same with a direction to the State Government to refer the matter to the Labour Court for adjudication.(g) On 21.04.1994, respondent filed a Claim Statement before the Labour Court alleging that he had not resigned and that he should be ordered to be reinstated on duty with continuity of service and back wages.(h) Appellant-Company filed a written statement stating, inter alia, that respondent is not entitled to any relief by way of re-instatement or by way of back wages as he himself resigned from the service.(i) The Labour Court, by order dated 02.02.2005, dismissed the Reference and the Claim Statement of the respondent.(j) Aggrieved by the said order, on 07.08.1995, respondent filed a Petition being Civil Writ Petition No. 11450 of 1995 before the High Court. Learned single Judge, by order dated 09.01.2008 set aside the Award of the Labour Court and directed the appellant-Company to reinstate the respondent in service with 25% back wages.(k) Not satisfied with the order of learned single Judge, on 07.02.2008, the appellant-Company filed a Letters Patent Appeal No. 48 of 2008 before the Division Bench of the High Court. By judgment dated 04.10.2008, the Division Bench dismissed the said Appeal.(l) Being aggrieved, the appellant-Company preferred this appeal by way of special leave.

Reasoning: 9) It is relevant to note that in order to find out the correctness of the order passed by the learned single Judge, the Division Bench summoned all the records of the Labour Court and perused the same. In the written claim before the Labour Court, the workman has specifically alleged that on 01.10.1992, he sent a notice-cum-application to the Management and a news item to this effect was duly published in a vernacular local daily. This factual aspect and version, particularly the receipt of notice-cum-application dated 01.10.1992 from the workman, has not been denied in the written statement filed by the Management. The main emphasis in the written statement of the Management was that the workman had voluntarily tendered his resignation on 01.10.1992. It is brought to our notice that the Labour-cum-Conciliation Officer has not disputed the important fact that the workman protested in writing on the very next day of therightly observed by the Division Bench, we also noticed contradictory findings by the Labour Court with regard to the claim of the workman that he was tortured by the Management on 30.09.1992 and was made to write the resignation letter on 01.10.1992. Again, it was rightly observed by the Division Bench that certain relevant facts such as workman had been in service since 1977 and in such circumstance whether there is any need to resign without any acceptable reason that too without any monetary incentive and complaint on the same day to the Management and higher authorities including the Chief Minister, were not at all considered by the Labour Court and merely accepted that the workman tendered the resignation in his own writing.10) Even the claim of theft in the year 1988 by the workman has not been specifically raised in the written statement before the Labour Court and raised for the first time only before the writ Court.11) We are satisfied that the learned single Judge thoroughly analysed all the aspects and arrived at a correct conclusion. It is settled law that when the Labour Court arrived at a finding overlooking the materials on record, it would amount to perversity and the writ Court would be fully justified in interfering with the said conclusion. We are conscious of the fact that the High Court exercising writ of certiorari would not permit to assume the role of the appellate Court, however, the Court is well within its power to interfere if it is shown that in recording the said finding, the Tribunal/Labour Court had erroneously refused to admit the admissible and material evidence, or had erroneously admitted any inadmissible evidence which has influenced the impugned finding, the writ Court would be justified in exercising its remedy. In other words, if a finding of fact is based on no evidence that would be regarded as an error of law which can be corrected by a writ of certiorari.