BUNDI ZILA PETROL PUMP DEALERS ASSOCIATION BUNDI versus SANYOJAK BUNDI ZILA PETROL MAZDOOR SANGH(B.M.S.)

Citation: [2019] 2 S.C.R. 717 · Decided: 12-02-2019 · Supreme Court of India · Bench: ABHAY MANOHAR SAPRE · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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717
BUNDI ZILA PETROL PUMP DEALERS ASSOCIATION
BUNDI
v.
SANYOJAK BUNDI ZILA PETROL MAZDOOR
SANGH(B.M.S.)
(Civil Appeal Nos.2784-2785 of 2009)
FEBRUARY 12, 2019
[ABHAY MANOHAR SAPRE AND
DINESH MAHESHWARI, JJ.]
Industrial Disputes Act, 1947 – s.10(1) – State Government
made reference u/s.10(1) of the Act to Industrial Tribunal to decide
the various demands raised by the respondent – Industrial Tribunal
decided the reference ex parte against the appellant – Writ petition
by appellant – Single Judge of the High Court allowed the writ
petition – Writ appeal by the respondent – Division Bench of High
Court allowed the appeal of respondent in the absence of appellant
– Review petition was also dismissed – On appeal, held: Since
inception, appellant did not get opportunity to contest the matter
because they did not have any knowledge of the proceedings –
Every party to a lis has a right to contest the case on merits, subject
to certain exceptions provided in law – Thus, case remanded to the
Industrial Tribunal.
Allowing the appeals, the Court
HELD: 1. The reasons for remand are: First, it is not in
dispute that the appellant did not get any opportunity to contest
the reference before the Industrial Tribunal and had to suffer
adverse award ex parte; Second, the cause shown for their absence
before the Industrial Tribunal constitutes a sufficient cause and
entitles the appellant to claim an opportunity to contest the
reference on merits; Third, this is not a case where the appellant
appeared before the Tribunal and thereafter stopped appearing
and proceeded ex parte. In other words, since inception, the
appellant did not get any opportunity to contest the matter
because they did not have any knowledge of the proceedings;
Fourth, every party to a lis has a right to contest the case on
merits, of course, subject to certain well known exceptions
provided in law. However, so far as the appellant’s case is
[2019] 2 S.C.R. 717
717
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718                    SUPREME COURT REPORTS            [2019] 2 S.C.R.
concerned no such exception is noticed, which may disentitle
them to contest the reference on merits; and lastly, substantial
justice demands that having regard to the controversy, which is
subject matter of reference, both the parties to the lis are entitled
for an opportunity to contest the case on the merits.  It is for all
these reasons appeals are allowed and the case remanded to the
Industrial Tribunal.  [Paras 9 and 10][720-F-H; 721-A]
CIVIL APPELLATE JURISDICTION : Civil Appeal
Nos. 2784-2785 OF 2009
From the Judgment and Order dated 21.11.2005 of the  High Court
of  Judicature for Rajasthan at Jaipur Bench, Jaipur in D.B. Civil Special
Appeal No. 449 of 1999 and order dated 10.4.2007 in D.B. Civil Review
Petition No. 29 of 2006 in D.B. Civil Special Appeal No. 449 of 1999.
Ms. Shobha Gupta, Sourav Roy, Advs. for the Appellant.
Ms. Kusum Chaudhary, Adv. for the Respondent.
The Judgment of the Court was delivered by
ABHAY MANOHAR SAPRE, J.
1. These appeals are directed against the final judgment and order
dated 21.11.2005 passed by the High Court of Judicature for Rajasthan
at Jaipur Bench, Jaipur in D.B. Civil Special Appeal No.449 of 1999
whereby the Division Bench of the High Court allowed the appeal filed
by the respondent herein and the order dated 10.04.2007 whereby the
review petition filed by the appellant herein was dismissed.
2. A few facts need mention hereinbelow in brief to appreciate
the controversy involved in these appeals.
3. On 26.07.1989, the State Government made a reference under
Section 10(1) of the Industrial Disputes Act, 1947 to the Industrial Tribunal,
Kota  for deciding the following disputes which read as under:
“Whether the demands raised in the demand letters by the
Secretary, Zila Petrol Pump Mazdoor Sangh before the
Manager, Maheshwari Automobiles Corporation,  District
Bundi, are just and valid?  If yes, to what reliefs the workmen
are entitled to?
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719
DEMANDS
1. The difference between the amount which has been
declared by the Government and the actual amount which
has been paid by the Management, which has not been
paid so far, be treated as deferred wages and paid to the
workmen in the form of ex-gratia payment and this
difference should be more than 20% of the salaries being
received by the workmen;
2. All workmen should be given 15 days casual leaves in a
year.
3. 11 holidays be given every year for National Holidays
and other festivals. Three t

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