SCOOTERS INDIA LTD Vs. LABOUR COURT AND ANOTHER

JUDGEMENT

(1.) The services of the workman respondent No. 2 were terminated in view of the Standing Order 9.3.12- The Standing Orders are being reproduced as hereunder :

(2.) Being aggrieved against the award of the Labour Court, the employer Scooters India Limited has filed the present writ petition. The Standing Order was considered by this Court in the case of Vijat E. V. Eldred v. M/s. Scooters India Ltd. and others, 1992 SCC (i) 484. wherein it was observed that Clause 9.3.12. gave arbitrary power in the hands of the management to treat the services of the workman terminated, if the workman failed to attend to his duties for ten consecutive days. The powers vested in the management is unbriddled and uncanalised. it is also obnoxious for the reasons that it violates the principles of natural justice inasmuch as the workman was denied an opportunity to show cause as to what reasons had compelled him in not attending his duties. The Court was of the view that Clause 9.3.12 of the Standing Orders is opposed to public policy and is hit by Article 23 of the Contract Act.

(3.) The Civil Appeal bearing No. 3486 of 1992 with S.L.P. (C) No. 14812 of 1992 was filed by the Scooters India Limited before the Hon'ble Supreme Court. The appeal was allowed and the judgment and order of the High Court was set aside resulting into the dismissal of the writ petition filed by the respondent workman in the High Court. it is relevant to reproduce the relevant observation of Hon'ble Supreme Court which indicated the reasons for allowing the appeal and dismissal of the writ petition.