Punjab-Haryana High Court
The Punjab State Cooperative Milk ... vs The Presiding Officer on 20 November, 2013
Author: Rajive Bhalla
Bench: Rajive Bhalla
LPA No.1952 of 2013 (O&M) -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
LPA No.1952 of 2013 (O&M)
Date of decision: November 20, 2013.
The Punjab State Cooperative Milk Producers Ltd. And another
... Appellants
v.
The Presiding Officer, Labour Court, Bathind and another
... Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON
Present: Shri D.S. Patwalia, Advocate for the appellants.
Dr. Bharat Bhushan Parsoon, J.
CM No.4979-LPA of 2013 Prayer in this application is to condone delay of 25 days in filing the appeal.
Heard. For reasons stated in the application and arguments addressed, delay of 25 days in filing the appeal is condoned.
CM stands disposed of.
LPA No.1952 of 2013This appeal under Clause X of the Letters Patent, 1894 is directed against judgment dated 16.7.2013 passed by the learned Single Judge of this Court in CWP No.9201 of 1993, whereby writ petition filed by the appellants had been dismissed and consequently, prayer for quashing award dated 24.3.1993 (Annexure P-4) , was declined.
Kadyan Vinod Kumar 2013.12.13 15:46 I attest to the accuracy and integrity of this document Chandigarh LPA No.1952 of 2013 (O&M) -: 2 :-The appellant Federation of societies of milk producers collecting milk from the milkmen used to pay them according to percentage of fat and solids not fat (SNF) in milk and for this purpose had employed many workmen. The respondent-workman was working as Laboratory Assistant with the appellants. His services were terminated by the appellants as he was found to be hand in glove with the milk producers and was getting them higher payments by recording more fat and SNF than actual percentage in the milk collected by the appellant-Federation. Termination of services had preceded indictment of the respondent-workman in a departmental inquiry. The said workman had raised an industrial dispute regarding which a reference made to Labour Court was answered in his favour as the said Court had come to a conclusion that his services had unjustifiably been terminated. Consequently, he was reinstated with continuity of services and back wages w.e.f. 30.9.1989.
Challenge made by the management to the said award proved inconsequential vide impugned judgment dated 16.7.2013 of Single Bench of this Court.
In this appeal, impugning this judgment, claim of the appellants is that the respondent-workman was dishonest in performance of his duties of testing and in recording percentage of fats and SNF in the milk received from the milkmen and thereby was causing loss to the appellants as higher percentage of fat and SNF dishonestly recorded for the milkmen used to result in higher payments to them.
To demonstrate, appellants have quoted an instance of 16.12.1989 when the Deputy Manager (Quality Control) of appellant no.2 had taken sample of the milk and had conducted the test wherein it was found that fat and SNF therein were 6.1% and 6.8% respectively. The respondent-workman, however, had recorded fat Kadyan Vinod Kumar 2013.12.13 15:46 I attest to the accuracy and integrity of this document Chandigarh LPA No.1952 of 2013 (O&M) -: 3 :- and SNF to be 7.5% and 8.9% respectively. It is claimed that on this basis a charge sheet of 22.2.1989 was served upon the workman where after providing opportunity of leading evidence and hearing to the parties, charge stood proved against the workman which resulted in termination of his services after providing opportunity to defend and hearing to him.
It is claimed that neither the Tribunal nor the Hon'ble Single Bench took close look at the entire spectrum of facts which resulted in the impugned judgment causing prejudice to the appellants. In short, it is claimed that the impugned judgment suffers from omission to consider vital facts. It is thus, alleged that when the impugned judgment does not question validity and legality of the inquiry wherein the workman had been indicted, there was no question of his reinstatement. Sequelly, the impugned judgment is sought to be set aside.
Paper book has been gone through while providing hearing to counsel for the appellants.
Claim of the appellants is that when in the inquiry respondent-workman was proved to be guilty as the charge of dishonest recording of fat and SNF in the milk purchased by the appellants had been proved against him, there was no question of reinstatement of the workman. It is claimed that the impugned judgment is erroneous and lacks evaluation of entire factual matrix.
When contents of the paper book are closely examined, it transpires that notwithstanding indictment of the workman in the inquiry held against him, variation in recording of fat and SNF in the milk is marginal when compared to result of comparative testing of milk, made to evaluate correctness of results of testing made by the workman. After appraisal of such test reports between the period 9.12.1987 to 17.12.1987, the Tribunal had come to a firm finding of Kadyan Vinod Kumar 2013.12.13 15:46 I attest to the accuracy and integrity of this document Chandigarh LPA No.1952 of 2013 (O&M) -: 4 :- fact that variation is in between 0.5% to 1.5%. Some contents of the award containing findings of the Labour Court are worth notice and are reproduced as below:-
"Perusal of the said table shows that variation is in between 0.5% to 1.5% and it cannot be said that it could not be result of efficiency or otherwise of the instruments used by the society on the one hand and the Union on the other hand while testing the milk qua its fat contents..."
While going through the inquiry report, the Labour Court had also questioned the veracity of results of testing of milk by the appellant No.2 Society,, which had found variation in comparative analysis of results of testing of milk by the workman. Further observations of the Labour Court in the award given hereunder are also of importance:-
"Perusal of just referred table shows that at occasions fat recorded by the workman is more as compared to the fat recorded by the society. This fact is itself convincingly goes to show that percentage of fat as recorded by the workman while on duty as Lab. Assistant cannot be result of any hanky-panky on his part promoted by any ulterior motive more so when submissions made by representatives of the management that higher percentage of fat was shown by the workman just to boost the income of the Union cannot be termed to be less than double edged weapon as society (as argued by representative of the workman) could be said to be equally interested in making less payment to the Union of its members who bring the milk for the society by recording less percentage of fat."
Even though opportunity of defending himself was provided to the workman and no vitiating circumstance could be noticed by the Labour Court, but the said Court had come to a conclusion that the charge against the workman had not been proved and consequently termination of his services by the management was not justified under the circumstances. Observations made by the Labour Court in para 8 and 9 of the Award for quick reference are reproduced as below:-
"8. No doubt the enquiry made by the department cannot be said to be hollow at least technically yet it may be said that re-Kadyan Vinod Kumar 2013.12.13 15:46 I attest to the accuracy and integrity of this document Chandigarh LPA No.1952 of 2013 (O&M) -: 5 :-
appraisal of the evidence recorded by the enquiry officer convincingly goes to show that charges levelled against the workman were not proved at least prima-facie.
9. Without elaborating further, I have no hesitation to hold that termination of services of the workman by the management was not justified under the circumstances. This is thus decided against the management."
This finding of fact has been endorsed in no uncertain terms vide impugned judgment of learned Single Judge of this Court. Findings in the impugned judgment are clear and categorical. Relevant portion thereof is reproduced as below:-
"After hearing the learned counsel for the parties, I am of the considered opinion that the petition is without any merit. The charge against the respondent/workman was of dishonest recording of readings by analyzing the samples of milk sent, in order to benefit the suppliers. The entire material produced does not even remotely refer to any such evidence that may have come on record indicating dishonest recording of the readings to benefit the suppliers. To a pointed query to this effect by this Court, learned counsel for the petitioners failed to indicate any such material either before the Enquiry Officer or before the Labour Court."
When finding of fact recorded by the labour court has been affirmed in no uncertain terms vide the impugned judgment, no interference is called for particularly when there is neither incongruity of facts nor dichotomy of result on evaluation thereof. Furthermore, when difference in percentage of fat and SNF as pointed out, is marginal and genuineness of the test of analysis made by the Society is not beyond doubt, pointing out accusing finger at the results of analysis done by the workman, has no justification.
As has already been noticed, even when the results of analysis have been compared by the labour court, the difference is marginal and ignorable. Findings of Hon'ble Single Bench of this Court are even further bold and certain that there is no material even remotely indicating dishonest recording of analysis of test to benefit the milk suppliers by the respondent-workman.
Kadyan Vinod Kumar 2013.12.13 15:46 I attest to the accuracy and integrity of this document Chandigarh LPA No.1952 of 2013 (O&M) -: 6 :-Consequently, there being no merit in the appeal, the same is dismissed.
[Dr. Bharat Bhushan Parsoon] Judge [ Rajive Bhalla ] November 20, 2013. Judge kadyan Kadyan Vinod Kumar 2013.12.13 15:46 I attest to the accuracy and integrity of this document Chandigarh