GENERAL MAZDOOR SABHA Vs. EXON LABORATORIES PVT. LTD.

JUDGEMENT

(1.) THE petitioner is a Trade Union, representing four workers. Respondent Company is engaged in manufacturing intermediate for drugs and Pharmaceuticals. The petitioner is challenging Part -I Award dated July 10, 2006 and Part -II Award dated April 16, 2008 passed by the Hon'ble Labour Court at Mahad in Reference(IDA) 318/2000.

(2.) THE only point urged by the learned Counsel appearing on behalf of the Petitioner is that the Labour Court had not assigned any reasons for recording findings given in Part -I Award on both the issues viz. on the question, whether the inquiry held against the workmen was legal, fair and proper and also on the question, whether findings of the Inquiry Officer are perverse. He invited my attention to the impugned order and the findings on both these issues. He submitted that it was open for the workmen to challenge both the Awards simultaneously. In support of the said submission -he relied upon the judgment of the Apex Court in the case of Cooper Engineering Limited v. Shri P.P. Mundhe : AIR 1975 SC 1900 : (1975) 2 SCC 661 : 1975 -II -LLJ -379.

(3.) PERUSAL of the impugned order clearly discloses that no reasons have been assigned by the Labour Court. The Labour Court framed two issues viz. (i) whether the inquiry held against the workmen is legal and proper and (ii) whether findings of the Inquiry Officer are perverse. So far as issue No. (i) is concerned, after recording rival submissions, in para 7 of its order the Labour Court has observed as under: