LAWS(BOM)-2006-10-188

TATA MEMORIAL HOSPITAL Vs. AYUB MOHAMED ISHAQ SHEIKH

Decided On October 19, 2006
TATA MEMORIAL HOSPITAL Appellant
V/S
Ayub Mohamed Ishaq Sheikh Respondents

JUDGEMENT

(1.) HEARD . Rule. By consent, rule made returnable forthwith.

(2.) THOUGH the impugned judgment of the Industrial Court passed in the revision application is sought to be challenged on various grounds, it is not necessary to deal with all those grounds and suffice to refer to only one ground, namely, that the impugned judgment is a non -speaking order.

(3.) APART from Para. 9, there is absolutely no discussion on the point which is involved in the matter, the points which are sought to be raised by the petitioner before the revisional authority, the contentions which were raised on behalf of either side and the findings thereon. The Industrial Court shall appreciate that a judgment does not mean mere conclusions. Every conclusion has to be preceded by the reasonings which can disclose that the conclusion is borne out from the records. Any order passed by the lower authorities can be subjected to judicial review by this Court in writ jurisdiction. This Court would be entitled to know whether the lower authority has applied its mind to the points which are required to be considered while dealing with the matter. It is, therefore, necessary for the lower Court to refer to the facts, as well as the law applicable thereto and based thereon the conclusion should be arrived.