# RAJENDRA JHA v. PRESIDING OFFICER, LABOUR COURT, BOKARO STEEL CITY, DISTRICT DHANBAD AND ANR

- **Citation:** [1985] 1 S.C.R. 544
- **Court:** Supreme Court of India
- **Decided:** 1984-08-21
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/rajendra-jha-v-presiding-officer-labour-court-bokaro-steel-city-district-8697
- **Pages:** 11

## Headnote

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544
RAJENDRA JHA
v.
PRESIDING OFFICER, LABOUR COURT, BOKARO
STEEL CITY, DISTRICT DHANBAD AND ANR.
[Y. V.
August 21, 1984
CHANDRACHUD, C.J., A. VARADARAJAN AND
A.N. SEN JJ.]
Constitution of India 1950, Article 136-Appeal by special /eave~·
Questi'on of law Qnd question of fact-When can be raised.
Industrial Disputes Act 1947, Section 33(2) (b).
Dismissal of empl•yee-Employer seeking approval-Opportunity to
adduce evidence-Whether to be gi'ven to employer.
Code of Civil Precedure 1908-Section 11.
Res judicata-Application of in labour disputes-Erroneolls decision on
question of /a.v-Whether deciJ/On operates as res }udicata between same parties.
The appellant was employed in a public sector undertaking.
He was
dismissed on
charge~ of n1isconduct
consisting of absence from duty,
falsification of entries in the registers, destruction of records t.tc.
Since an
industrial dispute was pending before the Labour Court between the
Management and its workmen an application was filed by the management
under section 33(2) (b) of the Industrial Disputes Act, 1947 seeking
approval of the Labour Court to lhe order of dismissal passed against the
appellant.
The decision of the application was partly in favour of the
appellant and partly against him,
The Labour Court held : (1) that the
domestic inquiry was invalid because t}1e Chief Medical Officer was neither
competent to issue the charge-sheet nor to constitute the Enquiry Com~
mittee which held the appellant guilty of the
charg~s fra1ned against him,
and (2) that the management
~hould be given an opportunity to adduce
evidence to justify the order of dismissal.
The appellant filed a . writ petition against the latter part of the
Court's order contending that the management should not be allowed to
lead evidence to justify the order of dismissal.
The management on the
other hand filed a writ petition against the former part of the order of the
Labour Court by which it held that the enquiry was vitiated.
The High
_Court disrpissed bi?th tl)e writ petition,~.
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RAJENDRA JHA v. LABOUR COURT
545
The management filed an appeal in ,this Court complaining of the
finding of the High Court that it was not competent for the Chief Medical
Officer to charge-sheet the appellant or to constitute the Enquiry Committee.
The appeal was, however, dismissed and the finding of the Labour Court
and the High Court that the enquiry which resulted in the dismissal of the
appellant was vitiated, was upheld.
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After the disposal of the above appeal, the Labour Court resumed
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hearing of the matter and alJowed the managen1cnt to lead evidence in order
to justify the order of dismissal.
The appellant filed an ;application objecting to the management leading evidence but that application was dismissed.
The writ
petition filed by the appellant in tho High Court was also
dismissed.
In the appeal to this Court, it was contended on behalf of the appellant-workman that the employer did not ask for an opportunity to lead
evidence to justify the order of dismissal and that the Labour Court gave
that opportunity on its own accord and that it was open to him to argue
even at this stage that the Labour Court ought not to ha vc passed the
particular order.
Dismissing the Appea1J
HELD : !. (i) In a proceeding under section 33(2) (b) of tho Industrial Disputes Act 1947 it is open to the employer to lead evidence to
justify the order passed against the employee. [548E]
(ii) In passing the order allowing the employers to lead evidence,
the Labour Court cannot be said to have acted without jurisdiCtion. [S53E]
Delhi Cloth and General Mills Co. v. Ludh Budh Singh, [1972] 3 S.C.R.
29 and Shankar Chakravarti v. Britannia Biscuit Co. Ltd. [1979] 3 S C.R.
116 5, referred to.
In the· instant case, the employers who are respondent No. 2 filed an
application under section 33(2) (b) of the Act, asking for the approval
of the Labour Court to the order of dismissal which was passed against
the appellant.
By t

## Text

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544
RAJENDRA JHA
v.
PRESIDING OFFICER, LABOUR COURT, BOKARO
STEEL CITY, DISTRICT DHANBAD AND ANR.
[Y. V.
August 21, 1984
CHANDRACHUD, C.J., A. VARADARAJAN AND
A.N. SEN JJ.]
Constitution of India 1950, Article 136-Appeal by special /eave~·
Questi'on of law Qnd question of fact-When can be raised.
Industrial Disputes Act 1947, Section 33(2) (b).
Dismissal of empl•yee-Employer seeking approval-Opportunity to
adduce evidence-Whether to be gi'ven to employer.
Code of Civil Precedure 1908-Section 11.
Res judicata-Application of in labour disputes-Erroneolls decision on
question of /a.v-Whether deciJ/On operates as res }udicata between same parties.
The appellant was employed in a public sector undertaking.
He was
dismissed on
charge~ of n1isconduct
consisting of absence from duty,
falsification of entries in the registers, destruction of records t.tc.
Since an
industrial dispute was pending before the Labour Court between the
Management and its workmen an application was filed by the management
under section 33(2) (b) of the Industrial Disputes Act, 1947 seeking
approval of the Labour Court to lhe order of dismissal passed against the
appellant.
The decision of the application was partly in favour of the
appellant and partly against him,
The Labour Court held : (1) that the
domestic inquiry was invalid because t}1e Chief Medical Officer was neither
competent to issue the charge-sheet nor to constitute the Enquiry Com~
mittee which held the appellant guilty of the
charg~s fra1ned against him,
and (2) that the management
~hould be given an opportunity to adduce
evidence to justify the order of dismissal.
The appellant filed a . writ petition against the latter part of the
Court's order contending that the management should not be allowed to
lead evidence to justify the order of dismissal.
The management on the
other hand filed a writ petition against the former part of the order of the
Labour Court by which it held that the enquiry was vitiated.
The High
_Court disrpissed bi?th tl)e writ petition,~.
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RAJENDRA JHA v. LABOUR COURT
545
The management filed an appeal in ,this Court complaining of the
finding of the High Court that it was not competent for the Chief Medical
Officer to charge-sheet the appellant or to constitute the Enquiry Committee.
The appeal was, however, dismissed and the finding of the Labour Court
and the High Court that the enquiry which resulted in the dismissal of the
appellant was vitiated, was upheld.
.A
After the disposal of the above appeal, the Labour Court resumed
B
hearing of the matter and alJowed the managen1cnt to lead evidence in order
to justify the order of dismissal.
The appellant filed an ;application objecting to the management leading evidence but that application was dismissed.
The writ
petition filed by the appellant in tho High Court was also
dismissed.
In the appeal to this Court, it was contended on behalf of the appellant-workman that the employer did not ask for an opportunity to lead
evidence to justify the order of dismissal and that the Labour Court gave
that opportunity on its own accord and that it was open to him to argue
even at this stage that the Labour Court ought not to ha vc passed the
particular order.
Dismissing the Appea1J
HELD : !. (i) In a proceeding under section 33(2) (b) of tho Industrial Disputes Act 1947 it is open to the employer to lead evidence to
justify the order passed against the employee. [548E]
(ii) In passing the order allowing the employers to lead evidence,
the Labour Court cannot be said to have acted without jurisdiCtion. [S53E]
Delhi Cloth and General Mills Co. v. Ludh Budh Singh, [1972] 3 S.C.R.
29 and Shankar Chakravarti v. Britannia Biscuit Co. Ltd. [1979] 3 S C.R.
116 5, referred to.
In the· instant case, the employers who are respondent No. 2 filed an
application under section 33(2) (b) of the Act, asking for the approval
of the Labour Court to the order of dismissal which was passed against
the appellant.
By that application, they did not ask alternatively for
.ln opportunity to lead evidence to justify the order of dismissaL
The
tenor of the judgment of the Labour Court shows that, in all probability,
an oral request for permission to adduce
evidence was
made by tho
employers to the Labour Court when the bearing of the said
application
was coming to a close.
The contention of the appellant that the employers
did not ask for such an opportunity and that the Labour Court gave them
that opportunity on its own accord, is farfetched and cannot be accepted.
(550E-G]
2.
A question of law which does not require a fresh investigati0 n
into facts may be allowed to be raised at a later stag~ of the proceedings
but that is
subject to the qualification that que&tion
~s not
conclqde~ by
? d~cisioq betw,oa the same parties. [552FJ
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SUPREME COURT REPORTS
[1985] l S.C.R.
Chitturl Subbanna. v. Kudapapa Subbanna, [1965] 2 S.C.R. 661,
referred to.
In the instant case, the question as to whether the Labour' Court
was right in giving an opPortunity to the employers. to lead evidence, is
not being raised by the appellant for the first ·time in this Court. , It was
raised in the writ petition filed in the High Court. [S52G]
3.
In so far as questions of facts arc concerned, the COurt is not
concerned with the correctness or otherwise of the earlier judgme"nt while
determining the application of the rule of res judicata.
Where however,
the question is purely of law and relates to the jurisdiction of the Court
or where the decision of the Court sanctions something which is illegal,
the party
aff~cted by
th~t decision will not -~c J?reclu.ded by the _rule of
res judicata from challenging the validity of the. earlier 'decision.
The reason
is, that a rule or procedure cannot supersede the law or tb'e land: [552D-E]
4.
If an erroneous decision on a question of law. is rendered by a
Court by assuming jurisdiction which it does not possess, its. decision· caOnot
operate as res judicata even between the same parties. [5S3A]
Mathura Prasad Bajoo Jaiswal v. Dosiiboi N:B." Jeefeebhoy, [1'70)
3 S.C.R. 830, referred to.
Io the instant case, the Labour Court had the jurisdiction to decide
whether to allow the Cmployers to lead evidence or not.
It may have
acted irregularly in the exercise of that jurisdiction but that is to be distinguished "from cascs,in which lhe Court inherently lacks the jurisdiction to
entertaiD a proceeding or to pass a particular order.
What seems to have
happened is that the application filed by the en1ployers
under section
33(2) (b) was taken up for consideration first. When the hearing of that
application was· nearing completion, but berore the final orders were passed
therein, the employers asked for an opportunity to lead evidence to justify
the order of dismissal.
The Labour Court disposed of both the matters
together by a common judgment.
It held by one and the same order that
the departmental inquiry was vitiated but that the employers should be
allowed to lead evidence to justify the order of dismissal. [S53B; D-E]
CIVIL APPELLATE JURISDICTION:
Civil Appeal No. 1346 (NL)
of 1981.
Appeal by Special leave from the Judgment and Order dated
the 5th February, 1981 of the Patna High Court in C.W.J.C. No .
.531 of 1980 (R) .
. ·
A. Minocha and Mrs. Veena Minocha for the Appellant:
O,P. Malhotra and P.P. Singh for the Responden\,
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· RAiENDRA Jf!A v. LABOUR COURT (Chandrachud, C.J.)
541
The Judgment of the Court was delivered by
CHANDRACHUD, C.J. ·The appellant was
appointed as a
Dresser in the Medical Department of the Steel Authority of India,
formerly the Bokaro Steel Plant Ltd. On March I, 1975 he was
dismissed from service as a result of a domestic inquiry on charges
of misconduct consisting of absence from duty, falsification of
entries in· the registers, destruction of records, etc
Since an
industrial ·dispute was pending in the Labour Court, Bokaro, between the management and its workmen, an application was filed by
the management under section 32(2) (b) of the Industrial Disputes
Act, 1947, seeking approval of the Labour Court, Chota Nagpur,
to the Order of dismissal passed against the appellant. The decision
of that application was partly in favour of the appellant and partly
against him.
By a judgment dated November 16, 1976, the Labour
Court held that (i) the domestic inquiry was invalid because, the
Chief Medical Officer of Bokaro Steel Ltd. was neither competent
to issue the charge-sheet nor to constitute the Enquiry Committee
which held the appellant guilty of the charges framed against him;
but, that (ii) the management should be given an op·portunity to
adduce evidence .to justify the order of dismissal.
The appellant filed a writ petition (No. CWJC 336 of 1976)
against the second part of the Labour Court's order, his contention
being that the management should not be allowed to lead evidence
to justify the order of dismissal. . The High Court issued a Rule on
that writ petition and granted stay of further proceedings in the
Labour Court. The managemeni filed a writ petition (No. CWJC
27 of 1977} against the first part of the order of the Labour Court
by which it was held that the enquiry was vitiated. The High Court
of Patna, Ranchi Bench, dismissed both the writ petitions by a
judgement dated April 26, 1978.
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Being aggrieved by the judgment of the High Court which
resulted in the dismissal of its writ petition, the management filed
Civil Appeal No. 1682 (L) of 1978 in this Court, complaining of
the finding of the High Court that it was not competent to the
Chief Medical Officer to charge-sheet the appellant or to constitute'
the Enquiry Committee. The appeal was dismissed by this Court
on July 23, 1980.
The finding of the Labour Court and the High
Court that the enquiry which resulted in the dismissal of the appellant was vitiated, was upheld by this Court.
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SUPREME COURT REPORTS
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The appellant did not appeal to this Court against the dis·
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missal of his writ petition by the High Court.
Since the order of the Labour Court that the management
should be allowed to lead evidence in order to justify the order of
dismissal was not stayed by this Court in the appeal which was
filed by the management, the Labour Court called upon it to lead
its evid~nce. The appellant filed an application objecting to the
management leading the evidence but that application was dismissed
by tbe Labour Court on August 24, 1978.
Being aggrieved by that
order, the appellant filed a writ petition (No. 531 of 1980) in the
High Court of Patna contending that the, management sh'ould not
be allowed to lead evidence, especially, because, instead of leading
evidence, in pursuance of the order of the Labour Coult; it liad
chosen to challenge the finding that the inquiry was vitiated.
The
:writ petition having been dismissed on February 5, 1981 by the
Ranchi Bench of the High Court, the appellant has filed this appeal
by special leave.
Section 33(2) (b) of the Industrial Disputes Act provides in so
far as relevant, that though, during the pendency of a proceeding
in respect of an industrial dispute it is open to the employer to
discharge or punish a workman for any misconduct not connected
with the dispute, no such workman shall be discharged or dismissed
unless an application h1s been mado by the employer to the authority before which the proceeding is pending, for approval of the
action taken against th(O employee. It is well-known that in such a
proceeding, it is open to the employer to lead evidence to justify
the order passed against the employee. The question as to the rights
and obligations of the employer in that proceeding has come up
before this Court in many cases. It would be sufficient for our
purpose, and more than that will be fruitless repetition, to,notice
two important decisions Oil this question which show that the right
of an employer to lead evidence is governed by certain conditions.
In Delhi C!otlz and General Mills Co. v. Ludh Budh Singh,<1> an
employee was dismissed after an enquiry into allegations of miscoduct. Since an industrial dispute between the employers and
their workmen was pending before the Industrial Tribunal, the
employers 'made an application to the Tribunal under section 33 (2)
(b) of the Industrial Disputes Act for permission to dismiss the
(!) [1972] 3 S.C.R. 29
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· RAJENDRA JHA v. LABOUR COURT (Chandrachud, C.J.)
549
employee. After the arguments in that application were over, the
Tribunal reserved its judgment. Thereafter, the employers filed an
application praying that if the enquiry was found to be defective,
they should be given ·an oportunity to lead evidence in order to
justify the dismissal of the employee
The Tribunal did not deal
with this latter application, but held in the main proceeding that the
findings of the enquiry officer were uot in accordance with the
evidence and therefore the enquiry was vitiated. Accordingly, it
refused permission for the dismissal of the employee, In an appeal
filed by the employers, it was held by this Court that in proceedings
on a reference under section 10 or by way of an application under
section 33 of the Industrial Disputes Act, in cases in which a domestic enquiry has been held it is open to the employer to rely upon it
in the first instance, and alternatively, and without prejudice to its
plea that the enquiry was proper, simult111zeou.ily adduce additional
evidence before the Tribunal justifying its action. The employer
must avail of the opportunity to lead evidenc·e by making a suitable
request, before the proceedings are closed. The Court found on
the facts of the case that the employers had filed an application for
adducing further evidence after the proceedings before the Tribunal
had come to an end and the judgment was reserved. Since the
employers did not ask for an opportunity to lead evidence while the
proceedings were pending, it was held that the Tribunal was justified in not considering the application filed by them for an opportunity to lead evidence to justify the order of dismissal.
In Shankar Chakravarti v. Britannia Biscuit Co, Ltd.,(1) the
application made by the employers under section 33(2) (b) of the
Act was rejected by the Tribunal on the ground that the enquiry
leading to the termination of the employer's services was vitiated.
A writ petition filed by the employers to challenge the award of the
Tribunal was dismissed by a learned ·single fodge of the Calcutta
High Court. In a Letters Patent Appeal filed by them, a Division
Bench of the High Court held that after holding that the enquiry
' was vitiated, it was incumbent upon the Tribunal to given an opportunity to the employers to lead evidence to prove the charges made
against the employee:
The matter was therefore remanded by
the High Court to the Tribunal for giving an opportunity to the
employers to lead further evidence, if they so desired.
Allowing
the appeal filed by the employee, it was held by this Court that
while adjudicating upon the legality or propriety of ~n order of
termination of service, either under section I 0 or under section 33.
(I) (1979] S.C.R. 1165.
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SUPREME COURT REPORTS
[1985) 1 s.c.R..
of the Act, no duty is cast on the Industrial Tribunal or the
Labour Court to call upon the employer to adduce evidence to
substantiate the charge of misconduct against the employee. It is
for the employer to avail of an opportunity to lead evidence by a
specific pleading or by specific request. If no such opportunity is
sought nor is there any pleading to that effect, the Tribunal or the
Labour Court is under no obligation to call upon the employer
suo motu to adduce' evidence to substantiate the charges against the
employee.
Following the decision in Delhi Cloth and General Mi/ls
Co. v. Ludh Badh Singh,
the Court held that since, in the case
before them, there was neither a pleading nor was any request made
at the appropriate time for an opportunity to lead evidence
for substantiating the charges against the employee,
the High
Court was in error in giving that opportunity to the employer.
The Court rejected the contention of the employers that the request
made by them in that behalf after the proceedings were adjourned
for prononncement of the award, should be taken into consideration and an adequate opportunity should be given to them. The
stage for asking for that opportunity, the Court said, had already
passed.
It is doubtful whether the norms prescribed by these two
decisio.1s were followed strictly in this case. The employers, who
are respondent 2 to this appeal, filed an application under se,ction
33(2) (b) of the Act, asking for the approval of the Labour Court
to the order of dimissal which was passed against the appellant.
By that application, they did not ask alternatively for an opportunity
to lead evidence to justify the order of dismissal.
The tenor of the
judgment of the Labour Court dated November 16, 1976 shows
that, in all probability, an oral request for permission to adduce
evidence was made by the employers to the Labour Court when the
hearing of the application filed under section 33(2) (b) was coming
to a close. The appellant has taken up an extreme stand that the
employers did not ask for such an opportunity at all and that the
Labour Court gave them that opportunity of its own accord. That
contention is far-fetched and cannot be accepted in teeth of the
facts, both contemporaneous and supervening. We will refer to
those facts immediately.
In the first place, the judgment of the Labour Court does not
support the allegation that the employers had not asked for an
opportunity to lead the necessary evidence. These protracted
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proceedings show that the appellant is a zealouslitigant, fairly well-
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RAJENDRA JHA v. LABOUR COURT (Chandraci1ud, C.J.)
5si
informed as to his rights. He has raised every possible objection
under the sun in the proceedings before the Labour Court. Indeed,
it is unfortunate that he even went to the length of casting asporsions on the integrity of the Presiding Officer of the Labour
Court. It is unlikely that he would not have protested against the
Labour Court granting permission to the employers to lead evidence,
if no such opportunity was asked for by them.
He did raise many
protests.
The events which supervened
the Labour Court's order
strengthen the conclusion that there is no substance in the contention of the appellant 'that the Labour Court acted on its own initiative in allowing the employers to lead evidence. After the writ
petitions filed 'by the appellant and the employers were dismissed by
the Patna High Court, the stay order which was passed by the High
Court in the writ petition filed by the appellant was vacated. Thereupon, the appellant himself filed an application in the Labour Court
on May 4, 1978 saying that, in view of the fact that the writ petitions
were dismissed by the High Court, the employers should be called
upon to adduce evidence to justify the order of dismissal.
On
August 24, 1978 the employers filed an application in the Labour
Court to the effec, that the. original documents which were kept by
them in the custody of the Court may be returned to them, since
they wanted to rely on those documents while leading evidence to
justify the order of dismissal.
The appellant, on his own filed a
list of witnesses whom he wanted to examine in the case. On
September I, 1978 the employers examined certain .. \vitnesses {n the
Labour Court and they were cross-examined by· the appellant.· . lt
is at this stage that the appellant. made certain unch~~itable ·remarks
against the Presiding Officer which delayed the proceedings. And,
it.is. thereafter that the appellant filed an application in. the Labour•
Court contending that the employers should not· be allowed to lead
evidence.
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. Thus, the order passed by the Labour Court allowing-. the em"
players to lead evidence h.as been accepted and ·acted upon by the'
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appellant.
He has already given a list of his own witnesses and has
cross-examined the witnesses whose evidence was led by the · employers. It would be wrong, at this stage, to undo what .has been
done in.pursuance of the order of the Labour Court .. Besides, ihe
challenge made by the appellant to the order of the Labou~ Court_
has failed and the order of the Patna Hig), Court disniissing the
appellant's writ petition has become final.
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SUPREME COURT REPORTS
[1985] I s.c.a.
In order to get over these difficulties, it is urged by the appellant that there can be no estoppel against law and therefore, it is
open to him to argue even at this stage that the Labour Court ought
not to have passed the particular order. In support of this contention
reliance is placed by the appellant on two judgments of this Court.
In Chitturi Subbanna v. Kudapapa Subbanna,(1J it was held by
the majority that pure questions of law, not dependent on the determination of any questions of faot, should be al lowed to be raised for
the first time even at later stages of a litigation.
In Mathura Prasad Bajoo Jais1Pa/ v. Dossihai N. B. Jeejeebhoy,(2)
this Court held that the question rel"ting to the jurisdiction of a
Court cannot be deemed to have been finally determined by-an erroneous decision of the Court.
If, by an erroneous decision, the Court
assumes jurisdiction which it does not possess, its decision cannot
operate as res judicate between the parties. 'In this regard, the Court
made a distinction between the decision of a question of fact and the
decision of a question as regard the jurisdiction of the Court. In so
far as questiou of fact are concerned, the Court is not concerned
with the correctness or otherwise of the earlier judgment while determining the application of the rule of res judicata.
Where, however,
the question is purely of law and rdates to the jurisdiction of the
Court or where the decision of the Court sanctions something which
is illegal, the party affected by that decision will not be precluded by
the rule of res judicata from challenging the validity of the earlier
decision. The reason is, that the rule of procedure cannot supersede
the law of the land.
We do not consider that either of these decisions can help the
•appellant. A question of law which does not require a fresh invesligation into facts may be allowed to be raised at a later stage of a
proceeding but, that is subject to the qualification that the question
is not concluded by a decision between the same parties. In this
case, the question as to whether the Labour Court was right in giving
an opportunity to the employers to lead evidence, is not being raised
by the appellant for the fiirst time in this Court. It was raised by
him in the writ petition which he had filed in the Patna High Court·
and that writ petition was dismissed. In so far as the question of
res ;udicata is concerned, if an erroneous decision on a question
(1) (1965] 2 S.C.R. 661.
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(2) [1970] 3 S.C.R. 830.
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RAJENDRA J f!A v. LABOUR ~OURT (Chandrachud, C.J.)
553
of law is rendered
by a Court by
assuming
jurisdiction
which it does not possess, it may be possible to argue that the decision cannot operate as res judicata even between the same parties .
But, in the case before us., the Labour Court had the jurisdction to
decide whether to allow the employers to lead evi.denee or not. lt
may have acted irregularly in the exercis.e of that jurisdiction but
that is to be distinguished from cases in which the Court inherently
lacks the jurisdiction to entertain a proceeding or to pass a particular
order. Besides, as we have stated earl'er, though it would be true
to say that the cmp layers did not ask for an opportunity to lead evidence simultaneously with the filing of the application under section
33(2) (b) of the Act, it is not possible to hold on the basis of the data
placed before ns that they asked for such an opportunity after. the
prcceedings had terminated. What seems to have happened is that
the application filed by the employers under section 33 (2) (b) of
the Act was taken up for consideration first.
When the hearing of
that application was nearing completion, but before the final orders
were passed therein, the employers asked for an opportunity to lead
evidence to just'fy the order of dismissal.
The Labour Court
disposed of both the matters together by a common judgment which
is dated November 16, 1976. It held by one and the same order
that the departmental inquiry was vitiated but that the employers
should be allowed to lead evidence to justify the order of dismissal.
1 he appellant's contention that the employers did not ask for an
opportm;iity to lead evidence at all and that the Labour Court acted
gratuitously is not possible to accept. . Thus,
in passing the order
allowing the employers to lead evidence, the Labour Court cannot
be said to have acted without jurisdiction.
For these reasons, we dismiss this appeal and hold that the
A
B
c
D
E
employers may lead evidence to justify the order whereby the
F
appellant was dismissed from service on March 1, 1975. There
will be no order as to costs.
A longtime h1S gone by since the appellant was dismissed.
Nine years is frightful delay.
A .large part of that period was
wasted in dealing with several obstacles raised by the appellant himself in the disposal of the matter, including the allegations which he
made against the Presiding Omcer of the Labour Court.
Twice, he
obtained orders staying further proceedings in the Labour Court:
once from the High Court in Writ Petition No. 336 of 1976 and
then in this appeal.
As a result of these stay orders, the evidence
has still remained to be recorded.
The Labour Co11rt will now
G
H
554
SUPREME COURt REPORTS
ll985j 1 s.c.a.
A
compiete that process and dispose of this niaiter as expeoitiously as
is humanly possible. ··
B
The employers may consider whether the trauma through
which the appellant has gone during the last nine years is not enough
punishment for him. The employers are a public sector under"
taking and they could lead the way in ensuring industrial peace
and harmony.
N.V.K.
-
Appeal dismissed.
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