INDIAN TEA EMPLOYEES UNION Vs. LABOUR COURT AND ORS.

JUDGEMENT

(1.) TWO points have been urged in this civil rule by Sri Lahiri, the learned Counsel for the petitioner. He claimed that wages should have been allowed to the workman from the date of suspension, that is, 21 April 1959, till the date of the award in this case, namely, 22 December 1964, and that the labour court ought to have made provision for payment of the wages in its award. The second point taken is that there was insufficient evidence, which almost amounted to no evidence, to Justify the conclusion reached by the presiding officer.

(2.) WE find on an examination of the record and the conclusion reached by the presiding officer of the labour court, which is not disputed by Sri Lahiri, that there is the evidence of the assistant manager in support of the case of insubordination and disobedience of orders put forward by the management. The presiding officer also refers to the evidence of the chaukidar on the point that the workman was given orders to attend to the plucking operations at 6 a.m. on 15 April 1959. If the presiding officer chose to accept this evidence and acted upon it, it is not for us in exercise of special writ jurisdiction to reappreciate and reexamine this evidence to see whether the presiding officer was justified in acting upon the same and holding it sufficient to support the charge. The case would have been quite different if it were a case of no evidence at all, but it is not such a case. Hence, we are clearly of opinion that the presiding officer's conclusion on the evidence before him cannot be interfered with by us.

(3.) WE accordingly confirm the conclusion reached by the presiding officer of the labour court but send the case back to him for determining the amount payable to the workman on the lines indicated by us above. After determining the amount the presiding officer will direct that the management shall pay to the workman the amount found to him. In the circumstances, we make no order as to costs.