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  • section 509 of the Indian Penal Code.
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  • section 509 of the Indian Penal Code.
Smart Summary

Factual and Procedural Background

These Civil Writ Petitions No. 6208, 6723, and 11381 of 1989 were filed by workmen challenging the orders of the Commissioner and Secretary to the Government of Haryana, Labour and Employment Department. The impugned orders declined to refer the industrial dispute for adjudication on the sole ground that criminal cases were pending against the petitioners. The petitions contest the propriety of such refusal by the Government.

Legal Issues Presented

  1. Whether the pendency of criminal cases against the petitioners can be a valid ground for the State Government to refuse to refer a labour dispute for adjudication.
  2. Whether the Government's refusal to refer the dispute encroaches upon the jurisdiction of the Labour Court in the absence of conviction of the petitioners.

Arguments of the Parties

Petitioners' Arguments

  • The petitioners relied on the Division Bench judgment in Anil Kumar v. State of Haryana (L.P.A No. 294, 295 of 1994), which held that the pendency of criminal cases cannot bar the State Government from referring disputes for adjudication.

Respondent's Arguments

  • The respondent relied on the Supreme Court judgment in J. Jaishankar v. The Government of India, where dismissal of a workman was upheld following conviction under section 509 of the Indian Penal Code, and the Division Bench's modification of dismissal to discharge with gratuity payment was accepted as a concession by the respondent.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Anil Kumar v. State of Haryana (L.P.A No. 294, 295 of 1994) The pendency of criminal cases cannot bar the State Government from referring labour disputes for adjudication. The court relied on this principle to hold that the Government's refusal to refer the dispute solely due to pending criminal cases was unjustified.
J. Jaishankar v. The Government of India, Judgments Today 1996 (7) Supreme Court 483 Upheld dismissal of workman convicted under IPC section 509; modification of dismissal to discharge with gratuity was a concession and not subject to interference. The court distinguished this precedent, holding it inapplicable as the petitioners were not convicted and the Government's refusal encroached on Labour Court jurisdiction.

Court's Reasoning and Analysis

The court analyzed the validity of the Government's refusal to refer the dispute for adjudication on the ground of pending criminal cases. It noted that the petitioners were not convicted and that the Government's order effectively interfered with the Labour Court's jurisdiction. The court distinguished the Supreme Court's decision in J. Jaishankar on facts, emphasizing that mere pendency of criminal cases cannot bar reference. Relying on the Division Bench ruling in Anil Kumar v. State of Haryana, the court found no justification for declining the reference and held the impugned orders unsustainable.

Holding and Implications

DISPOSED OF

The court allowed the petitions, set aside the impugned orders, and directed the Government to refer the dispute for adjudication in accordance with the legal principles laid down in Anil Kumar v. State of Haryana. The Government was ordered to take a decision within one month from receipt of the court's order or certified copy. The decision restores the petitioners' right to have their dispute adjudicated and clarifies that pending criminal proceedings alone do not justify refusal of reference. No new precedent was established beyond applying existing principles to the facts.

    Satbir Singh v. State Of Haryana And Another

    S.S Sudhalkar, J.:— This order will dispose of Civil Writ Petitions No. 6208, 6723 and 11381 of 1989 as the facts and question of law involved in these petitions are the same.

    2. These writ petitions have been filed by the workmen against the orders of the Commissioner and Secretary to Government, Haryana, Labour and Employment Department vide which it was ordered that the Government has not found it appropriate to refer the dispute for adjudication because the criminal cases are pending against the petitioners.

    3. Counsel for the petitioner has relied on the case of Anil Kumar v. State of Haryana etc. (L.P.A No. 294, 295 of 1994). It has been held by a Division Bench of this court therein that the pendency of the criminal case cannot be a bar for the State Government to refer the dispute raised by the appellants, for adjudication.

    4. Counsel for respondent No. 2 relied on the judgment of the Supreme Court in the case of J. Jaishankar v. The Government of India reported in Judgments Today 1996 (7) Supreme Court 483. In that case the workmen was dismissed from service for conviction for the offence under section 509 of the Indian Penal Code. The Supreme Court held in that case that the order of the Division Bench modifying dismissal in discharge with gratuity payment is due to concession by respondent and does not warrant interference.

    5. The principles in the case of J. Jaishankar (supra) will not be applicable to the facts of the present case. In the present case, the Government has declined to make the reference only on the ground that criminal case is pending against the petitioners. The present case is, therefore, different from the case of J. Jaishankar (supra). The Government has delved into the jurisdiction of the Labour Court by passing the impugned order. The petitioners were not convicted and, therefore, there was no justification on the part of the Government to decline to make the reference only because a criminal case was pending against them. In view of the above reasons. I find that the impugned orders cannot be upheld.

    6. In the result, these petitions are allowed. The impugned orders are set aside and respondent No. 1 is directed to take necessary steps in accordance with law after taking into consideration the principles laid down in the case of Anil Kumar v. State of Haryana etc. (supra). Respondent No. 1 is directed to take decision within a period of one month from the date of receipt of a copy of this court from this court or production of a certified copy of this court by the petitioner, whichever is earlier.

    7. Petition allowed.

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    Comments

    Satbir Singh v. State Of Haryana And Another
    (Feb 28, 2001)