T.V.R.RAJU Vs. STATE OF BIHAR

JUDGEMENT

(1.) WITH the consent of the parties, this matter has been heard at length at the admission stage itself and the controversy raised in this writ petition is decided by the following judgment.

(2.) THE question which falls for decision in this case is whether the appropriate Government, while acting in exercise of the statutory power of review under section 25 -0(5) of the Industrial Disputes Act (hereinafter referred to as the I.D. Act), can, without hearing the parties, pass an order reversing its earlier decision which was passed, after hearing the parties, under section 25 -0(2) of the I.D. Act.

(3.) LEARNED counsel appearing for the petitioners raised the following points : (i) Even though the provisions of Section 25 -0(5) of the said Act enable the appropriate authority to review its previous order under Sub -section (2) of Section 25 -0 of the I.D. Act, such power must be exercised in a manner which is consistent with the principles of natural justice. (ii) Even though the provision of giving a hearing is not stated in so many words under section 25 -0(5) of the said Act, the requirement to follow the principles of natural justice must be read into it having regard to the nature of the power to be exercised by way of review, the interest of parties and the interest of industrial peace before a completely new order can be passed by the authority. (iii) Therefore, in passing the order under review, all the requirements which are prescribed under Sub -section (2) of Section 25 -0 of the said Act must be followed. (iv) The instant order of review purporting to grant permission to the said respondent Company to close its H.D.P. Unit directly affects the livelihood of the petitioners. This amounts to affecting the right to life under Article 21 of the Constitution of India. This right can only be affected on the basis of a procedure which must be just, fair and reasonable. (v) Such just, fair and reasonable procedure demands that the authority must act in compliance with the principles of natural justice.