LAWS(RAJ)-2002-2-44

ALCOBEX METALS LTD Vs. STATE OF RAJASTHAN

Decided On February 04, 2002
ALCOBEX METALS LTD. Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THOUGH the matter was listed today on the application moved under clause (3) of Article 226 of the Constitution, with the consent of the learned counsel for the parties the matter was heard finally.

(2.) THE instant writ petition has been filed for quashing the order dated 8.10.2001 (Annex. 4) by which the appropriate Government has withdrawn the case from Labour Court, Jodhpur and transferred the same to Labour Court, Kota in exercise of its powers under Section 33-B of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act, 1947). THE grievance raised by the petitioner is that the order impugned has been passed without issuing any notice to him and no reason has been recorded by the appropriate Government while transferring the said case. Thus, the order is liable to be quashed.

(3.) IN S.N. Mukherji vs. Union of INdia (6), it has been held that the object underlying the rules of natural justice is to prevent mis-carriage of justice and secure fair play in action. The expanding horizen of the principles of natural justice provides for requirement to record reasons as it is now regarded as one of the principles of natural justice, and it was held in the above case that except in cases where the requirement to record reasons is expressly or by necessary implication dispensed with, the authority must record reasons for its decision.