LexM/S. LAKSHMI PRECISION SCREWS LTD. versus RAM BAHAGAT
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A MIS. LAKSHMI PRECISION SCREWS LTD. V, RAM BAHAGAT AUGUST 13, 2002 B [UMESH C. BANERJEE AND K.G. BALAKRISHNAN, JJ.] Labour Laws :· Industrial Employment (Standing Orders) Act, 1946-Clause 9(/)(ii) of C Certified Standing Orders-Workman remaining absent from duty-- Management advising workman to report hack-'-Also warning that in case he fails, his disinterestedness would be presumed arid his name would be struck off from the rolls of the company under Certified Standing Orders- Workman. not complying with the conditions-Management striking off his D name ji·om the rolls-Workman making representation to ·management to take him back--Representations rejected-Dispute-Labour Court holding termination u1?iustified and ordering reinstatement-High Court confirming the same--1nterference by Supreme Court--Held. action of management arbitrwy, devoid of any justification and principles of natural justice since workman not given any opportunity-Thus no perversity or mis-carriage of E justice warranting intervention-Administrative Law-Principles of natural justice-Constitution of India-Article 136. F Respondent-workman was employed in the appellant-company. He absented from work without prior information from 13.10.1990. Management informed respondent-workman by letter dated 17.10.1990 that as he had been absenting from duty without authorised leave or notice, he should report back on duty within 48 hours of the receipt and tender his explanation for his absence. He was also warned that in case he failed to report, his disinterestedness would be presumed and his name would be struck off from the rolls of the company under the Certified Standing Orders of Company. G Respondent workman did not comply with the condition stipulated in the letter. Management then informed respondent-workman by letter dated 25.10.1990 that his name had been removed from the rolls of the company under Clause 9(f)(ii) of the Certified Standing Orders of the Company since he remained absent continuously for a period of 10 days. Respondent-workman made H representation to the management to take him back on duty as he had been 512 • LAKSHMI PRECISION SCREWS LTD. ''· RAM BAHAGAT 513 unwell during the period of his absence but the representation was rejected. A Thereafter he raised a dispute. Labour Court held that termination of the services of respondcnt-lvorkman \'Vas unjustified and thus ordered his reinstatement. High Court upheld the order. Hence the present appeal. Dismissing the appeal, the Court HELD: I.I. Arbitrariness is an anti-thesis to rule of law, equity, fair play and justice. There may be contract of employment but it cannot be devoid of the basic principles of the concept of justice. Justice oriented approach as B is the present trend in Indian jurisprudence shall have to be read as an in- built requirement of the basic of concept of justice, to wit, the doctrine of natural C justice, fairness, equality and rule of law. (522-F-GJ 11. In the instant case, respondent-workman remained absent from duty and within a period of four days a letter was sent lo him informing that since he was absenting himself from duty without authorised leave he should report back within 48 hours and also tender his explanation for his absence, D otherwise his disinterestedness would be presumed, which is not in strict compliance with the Certified Standing Order. Though however, the letter dated 25.10.1990 comes within the ambit of the Certified Standing Order of 10 days' continued absence-the situation however is slightly different in the present context since this letter was an intimation of his name being struck off from the rolls of the company. It is an act; subsequent to the order of E termination and if the letter dated 17.10.1990 sent after four days is an indication for such an order of termination the same does not come within the ambit of the Certified Standing Order. Further the letter dated 17.10.1990 cannot be treated to be an opportunity since it is only on the fourth day that such a letter was sent-the action of appellant stands out to be devoid of any F justification, neither it depicts acceptability of the doctrine of natural justice or the concept of fairness-arbitrariness is written large. The finding of High Court that the decision to terminate the respondent-workman by reason of a presumption is purely arbitrary in nature, is confirmed. There is no perversity or miscarriage
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