Industrial Tribunals Bound To Give Proper And Cogent Reasons For Their Orders: Karnataka High Court

The Karnataka High Court has observed that Industrial Tribunals must give proper and cogent reasons for their orders. If the tribunals give reasons for an order, it will be an effective restraint on the abuse of power, as the order, if it discloses extraneous or irrelevant consideration, will be subject to judicial scrutiny and correction. A Single judge bench of Justice K S Hemalekha said, “The Tribunal, while rejecting the claim statement, must assign proper and cogent reasons, giving reasons introduces clarity and excludes or, at any rate, minimises arbitrariness; it gives satisfaction to the party against whom the order is made, and it also enables the Appellate or the Supervisory Courts to keep the Tribunal within bounds. A reasoned order is a desirable condition of judicial disposal.” The observation was made while allowing a petition filed by P Anandan who had approached the court challenging the order of the Tribunal whereby the dispute raised for adjudication was rejected. The bench on going through the records noted that the Industrial Tribunal found that the workman has unauthorizedly/without permission driven the vehicle and committed misconduct, contrary to the articles of charges levelled against the workman. Observing that the Enquiry Officer held that the charges levelled against the workman are not proved, the bench said, “The Industrial Tribunal goes on a footing that the Enquiry Officer has held the misconduct is proved, contrary to the findings recorded by the Enquiry Officer. No reasons have been assigned by the Industrial Tribunal for rejecting the claim statement on the ground of delay.” It held that the matter needs to be relegated back to the Industrial Tribunal for fresh consideration in accordance with law. Accordingly it set aside the impugned order. Appearance: Advocate L Shekar for Petitioner. Advocate H R Renuka for Respondent. Citation no: 2024 LiveLaw (Kar) 187 Case Title: P Anandan AND The Divisional Controller Case No: Writ Petition No 22673 OF 2015 Click Here To Read/Download Judgment

Industrial Tribunals Bound To Give Proper And Cogent Reasons For Their Orders: Karnataka High Court

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