LexTHE VVF LTD. EMPLOYEES UNION versus M/S. VVF INDIA LIMITED & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
* Author [2024] 4 S.C.R. 576 : 2024 INSC 293 The VVF Ltd. Employees Union v. M/S. VVF India Limited & Anr. (Civil Appeal Nos. 2744-2745 of 2023) 09 April 2024 [Aniruddha Bose* and Sanjay Kumar, JJ.] Issue for Consideration The two appeals arise out of a judgment delivered by a Single Judge of the High Court of Bombay on 25.07.2019 directing, inter alia, wage revisions pertaining to the workmen of employer-VVF Ltd. working in two units at Sewree and Sion. Whether the High Court had travelled beyond its jurisdiction in appreciating facts and in that process substituted the finding of the Tribunal with its own finding on facts. Headnotes Constitution of India – Writ – Scope of jurisdiction of High Court – Wages – Revision – The demands of the Union would appear from the charter of demand and they primarily relate to prayers for revision in pay scale/wages/salaries along with certain allowances such as leave facilities and gratuity – The Tribunal, in its award passed, granted relief to the employees – Writ petitions filed – The High Court entered into the fact- finding exercise while testing legality of an award – The High Court allowed the workmen’s writ petition by setting aside the award of the Tribunal so far as the first four demands as per the charter are concerned and upheld the Tribunal’s verdict regarding Demand No. 5-11 – Correctness: Held: Analysis of the various judgments of the Supreme Court reflect the position of law that though the High Court ought not to re-appreciate evidence and substitute its own finding for that of the Tribunal, it would not be beyond the jurisdiction of the High Court in its power of judicial review to altogether eschew such a process – The High Court, in the impugned judgment, however, re-appreciated the evidence led before the Tribunal in identifying comparable concerns for applying the industry-cum-region test – In particular, the employer has emphasised that the High Court ignored the negative financial status of the company on the ground that [2024] 4 S.C.R. 577 The VVF Ltd. Employees Union v. M/S. VVF India Limited & Anr. the losses made by it was miniscule – The financial capacity of an employer is an important factor which could not be ignored in fixing wage structure – In the given facts where the employer seriously contested the use of the concerned units as comparable ones, and highlighted its difficult financial position, the proper course would have been to remit the matter to the Industrial Tribunal rather than entering into these factual question independently in exercise of the writ jurisdiction – This exercise would have required leading of evidence before the primary forum, the Industrial Tribunal in this case. [Para 15] Case Law Cited Surya Dev Rai v. Ram Chander Rai and Others [2003] Supp. 2 SCR 290 : (2003) 6 SCC 675; General Management, Electrical Rengali Hydro Electric Project, Orrisa and Others v. Giridhari Sahu and Others [2019] 12 SCR 293 : (2019) 10 SCC 695; M/S Unichem Laboratories Ltd. v. Workmen [1972] 3 SCR 567 : (1972) 3 SCC 552, Shail (SMT) v. Manoj Kumar and Others [2004] 3 SCR 649 : (2004) 4 SCC 785; IEL Supervisors’ Association and Others v. Duncans Industries Ltd. and Another (2018) 4 SCC 505; Gujarat Steel Tubes Ltd. and Others v. Gujarat Steel Tubes Mazdoor Sabha and Others [1980] 2 SCR 146 : (1980) 2 SCC 593; The Silk and Art Silk Mills Association Ltd. v. Mill Mazdoor Sabha [1973] 1 SCR 277 : (1972) 2 SCC 253; Shivraj Fine Arts Litho Works v. State Industrial Court, Nagpur & Ors. [1978] 3 SCR 411 : (1978) 2 SCC 601; A.K. Bindal v. Union of India & Ors. [2003] 3 SCR 928 : (2003) 5 SCC 163; Mukand Ltd. v. Mukand Staff & Officers Association [2004] 2 SCR 951 : (2004) 10 SCC 460 – referred to. Workmen v. New Egerton Woollen Mills (1969) 2 LLJ 782; French Motor Car Co. Ltd. v. Workmen (1962) 2 LLJ 744 – referred to. List of Acts Constitution of India. List of Keywords Wages; Revision; Writ; Jurisdiction of High Court; Re-appreciation of facts; Legality of award 578 [2024] 4 S.C.R. Digital Supreme Court Reports Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal Nos.2744-2745 of 2023 From the Judgment and Order dated 22.06.2021 and 25.07.2019 of the High Court of Judicature at Bombay in RPL No. 82 of 2019 and WP No. 1920 of 2014 respectively With Civil Appeal No. 2754 of 2023 Appearances for Parties Jamshed P. Cama, Sanjay Singhvi, Sr. Advs., Anil Kumar Mishra-i, Prashant Pa
Excerpt shown. Read the full judgment & AI analysis in Lexace.