Even If Workman's Written Statement Is Not Rebutted, Labour Court Must Consider Evidence Before Passing Award: Allahabad High Court

The Allahabad High Court has held that even if no rebuttal has been filed to the workman's written statement, the Labour Court must look at the evidence and apply its judicial mind while passing the order. It held that merely because of Rule 12 (9) of the U.P. Industrial Disputes Rules, 1957, the evidence cannot be ignored, and the award cannot be passed solely based on the averments made by the workman.Justice Prakash Padia held,“even though Rule 12 (9) of the U.P. Industrial Disputes Rules, 1957 provides that if the affidavit accompanying the written statement of the workman is not rebutted by the employer, the Labour Court shall presume the contents of the affidavit to be true and make an award accepting the facts stated in the written statement, but, it cannot thus be construed to mean that the entire averments made in the affidavit, without any documentary or oral evidence, have to be accepted in toto without the Labour Court examining the same judiciously.”The court said that the labour laws may be welfare legislation which may not require a strict procedure to be followed as held by the Supreme Court in Bharat Bank Ltd., Delhi Vs. The Employee of the Bharat Bank Ltd. Delhi and the Bharat Bank Employees' Union (1950); however this "does not mean that procedure of accepting and relying of evidence before the Court is not to be followed". Respondent-workman had initiated proceedings against the petitioner-employer before the Labour Court in which an ex-parte award was passed. Upon knowing about the order, petitioner filed a recall application which was rejected. Thereafter, petitioner approached the High Court. Counsel for petitioner argued that the award was non-reasoned and no evidence was considered or witnesses were called for before passing of the award. The Court observed that even though Rule 12 (9) of the U.P. Industrial Disputes Rules, 1957 provided that the Labour Court could proceed if no rebuttal to workman's written statement was filed, it ought to have called for evidence and not taken the affidavit of the workman as the sole evidence. Holding that there was total non-application of mind by the Labour Court, Justice Padia held“The said award being totally unsupported by reasons or discussions, cannot be said to be an award on merits of the case. Failure to give reasons would amount to denial of justice. Jumping to the conclusion that the termination of the workman was illegal after merely setting out the factual aspect of the case, and without discussing the merits, would render the award illegal and unsustainable in law.”Accordingly, the award was set aside and the petitioner-company was directed to pay Rs. 5000/- to the workman. The case was remitted back to the Labour Court for fresh decision. Case Title: M/S Omrao Industrial Corporation Pvt. Ltd. v. State Of Up And 2 Others [WRIT - C No. - 28075 of 2025]Counsel for Petitioner :- Naman Agarwal,Nipun Singh Counsel for Respondent :- C.S.C.,Sachin DubeyClick Here To Read/Download Order

Even If Workman's Written Statement Is Not Rebutted, Labour Court Must Consider Evidence Before Passing Award: Allahabad High Court

Upasna Agrawal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Even If Workman's Written Statement Is Not Rebutted, Labour Court Must Consider Evidence Before Passing Award: Allahabad High Court

Upasna Agrawal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers