D. P. MAftESHWARI v. . DELHI ADMN. & ORS. ' September 14, 1983 ·

The Judgment of the Court was delivered by

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.b.P. MAHESHWARJ v. DELHI ADMN. (Chinnappa Reddy, J.) 951

CHINNAPPA REDDY, J. It was just the other day that we were bemoaning the unbecoming devices adopted by certain employer.s to avoid decision of industrial disputes on· merits. We noticed how they would raise various preliminary objections, invite decision on those objections in the first instance, carry the matter to the High Court under Art. 226 of the Constitution and to this Court under Art. 136 of the Constitution and delay a decision . of the real dispute for years, sometimes for over a decade. Industrial peace, one presumes, hangs in th' balance in the meanwhile. We have now before us a case where a disp~t' originating in 1969 and referred for a_djudication by the Government to the Labour Court in 1970 is still at the stage of decision on a preliminary objection. There was a time when it was thought prudent and wise policy to decide c preliminary issues first. But the time appears to have arrived for a , I reversal of that policy. We think \it is better that tribunals, parti- cularly those entrusted with the task of adjudicating labour disputes where delay may lead to misery and jeopardise industrial peace, should decide all issues in dispute at the same tiine without try'ng some of them as preliminary issues. Nor should High Courts in the exccrcise of their jurisdiction under Art. 226 of the Constitution stop proceedings before a Tribunal so that a preliminary issue may be decided by them.. Neither the jurisdiction of the High Court under Art. 226 of the Con;titntion nor the jurisdiction of this Court under Art. 136 may be allowed ,to be e~ploited by those who can well afford to wait to the detriment of those who can ill afford to wait by dragging the latter from Court to Court for adjudication of periphereal issues, avoiding decision on issues more vital to them. Art. 226 and Art. 136 af'e not meant to be used to break the resis- tance of workmen in this fashion. Tribunals and Courts who are requested to decide preliminary questions must therefore ask them- F selves whether such threshold part-adjudication is really necessary and whether it will not lead to other woeful consequences. After all tribunals like Industrial Tribunals are constituted to decide · expeditiously special kinds of disputes and their jurisdiction to so decide is not to be stilled by all manner of preliminary objections G journeyings up and down. It is also worth while remem~ering that the nature of the jurisdiction under Art. 226 is supervisory and not appellate while that under Art. 136 is primarily supervisory but the Court may exercise all necessary appellate powers to do substantial justice. In the exercise ~f such jurisdiction' neither the High Court H nor this Court is required to be too astute to interfere with the exercise of jurisdiction by special tribunals at interlocutory stages and on: preliminary issues. -

' 9s2 SUPREME COtlRT RE:i>ORTS (1983] 3 s.e.il..

Having sermonised this much, we may now proceed to state the facts which provoked . the · sermon. The appellant D. P. Maheshwari was an employee of Toshniwal Brothers Pvt. Ltd., when •his services were terminated with effect from 28th July 1969. He raised an industrial dispute and on 3rd July 1970 the Lt. Governor of Delhi referred the dispute for adjudication to the Additional B Labour Court Delhi under sections IO(l)(c) and 12(5) of the Indus· trial Disputes Act. The dispute referred for adjudication to the Labour Court was, "Whether the termination· of services of Shri D. P. Maheshwari is illegal and/or unjustified and if so to what relief is he entitled and what directions are necessary in this respect ?" The Management straightaway questioned the reference by filing Writ c petition No. 159 of 1972 in the Delhi Higl:! Court. The writ petition . was dismissed 011 22nd May 1972. Thereafter the management ' . raised a preliminary contention before the Labour Court that D. P. ·Maheshwari was not a 'workman' within the meaning of . '

Section 2(s) of the Industrial Disputes Act and· the reference was D therefore incompetent. The Labour c:ourt tried the question whether D P. Maheshwari was a workman as defined in Section 2(s) of the Industriai Disputes Act as a.preliminary issue. Both parties adduced oral and \)ocumentary evidence.. After referring to the ·evidence of the employee's witnesses the 'Labour Court said, "Thus according to the evidence of the claimant's witnesses the claimant. was emp- E loyed mainiy for clerical duties and he did discharge· the same." The Labour Court then referred to the evidence of the witnesses examined by the management and said, "Thus the said evidence falls far short of proving •that the c]aimant was in fact discharging mainly Administrative of supervisory duties." The Labour! Court F. then proceeded to refer to the documents produced by the manage· · · ment and observed, "Thus th<; documents filed by the respondent do not go to show·that the real nature of the duties discharged by the claimant was supervisory or administrative in nature." The Labour Court next referred to what it considered .to be an admission on the· part of the management who had classified all their employees into G three separate classes A, Band C, Class-A described as 'Managerial' Class-B described as 'Supervisory' 'and Class-C described as 'Other Staff'~ The name of D. P. Maheshwari was shown in Class-C. After · reviewing the entire evidence the Labour Court finally recorded the · following finding : · H "From the above discussion, it is clear that the claimant's evidence shows that he was doing mainly

b.P. MA!IESHWARI v. DELHI ADMN. (Chinnappa Reddy, J.) 953

clerical work of maintaining certain registers preparing drafts and seeking instructions from the superiors and A ). respondents' lawyers during the period of his services though designated Accounts Officer or -0fficer in special duty or store purchase officer ............................... ; . .............. ............................... ......................... .. -. ~

B .............................. ·········--·········-· ·················· ' \

As a result, in my opinion it has to be held that the nature of the main duties being discharged by the claimant was clerical and not.supervisory or. adminis· trative despite his designation as officer. Accordingly, he has to be held to be a workman under section 2(s) of the Industrial Dispute Act." c The. man~ement was dissatisfied with the decision of the Labour Court on the preliminary issue. So, they invoked the High Court's extra-ordinary jurisdiction under Art: 226 of the Constitu- , tion. A learned single judge· of the High Court, by his judgment dated 12th July 1976 allowed the Writ Petition and quashed the order of the Labour Court and the reference made by the Govern- ment. A Division B.ench of the High Court affirmed the decision of the Single Judge on 25th July 1980. The matter .is now before us at the instance of the workman who obtained ·special leave ·to appeal under Art. 136 oh 4th April 1983. The services of the workman were terminated on' 28th July 1969. A year later the dispute was referred to the Labour Court for adjudication. Thirteen years thereafter the matter is still at the stage of de"cision on a preliminary question. In our view, further comment is needless. F Shri · A.K. Gupta, the learned .counsel for the appellant submitted that the High Court literally exercised appellate powers and recorc)ed findings of fact differing from those recorded by the Labour Cout; and this, he comi>Iained, had been done by an unfair reading of the order of the Labour Court and without' the · High Court itself considering a single item of evidence or document.' We G are afraid there is considerable force i~ Shri Gupta's criticism . . Cnriously enough, the Learned Single Judge of the High Court affirmed the finding of the Labour Court that D.P. Maheshwari was not employed_ in a supervisory' capacity. He said, ' H "In the face of this material and the admitted hypothesis the conclusion that the respondent was not

954 SUPREME COURt REPORTS [1983) 3 s.c.n.. mainly employed in a supervisory capacity is certainly a A possible conclusion that may be arrived at by any Tribunal duly instructed in the law as to. the manner in which the status of a·n employee may be determined. It is, therefore, not possible for this Court to disturb such a conclusion having regard to, the limited abmit of review B of the impugned order."

Having so held, the Learned Single Judge went on to consider whether the workman was discharging duties of a clerical ·nature. He found tha tit would be difficult 'to say that D.P. Maheswari was c discharging 'routme duties of a clerical nature which did not involve initative, imagination, creativity and a limited p6wer of self direction.' The Learned Single Judge did not refer to a ·single item • •

of evidence in support of the conclusions thus recorded by him .. He appeared to differ from the Labour Court on a question of fact on the basis of a generalisation. without reference to. specific evidence. D No appellate court is entitled to do that, less so, a court exercising supervisory jurisdictiqn. Referring to the finding of the Labour Court that the workman was discharging mainly ,clerical ·duties the ~--·

Learned Single Judge observed, "It is erroneous to presume, as was apparently done· by the Additional Labour Court, that •merely because the respondent did not perform substantially supervisory functions, he must belong to the ,clerical category." This was an unfair reading of the Labour Court's judgment. We have earlier extracted the relevan{ findin,gs of the Labour Court. The Labour Court not only found that the workman was not performing supervisory functions but also expressly found that the workman was discharging duties of a clerical nature. The Division Bench which affirmed the judgment of the Learned Single Judge also read the judgment Qf the Labour Court in a similar unfair fa,shion and observed." It is no doubt true 'that the Labour Court held·that.the appellant's evidence showed that he .was doing mainly clerical work. As we read the order as a whole it appears that in arriving at this conclusion .the Labour Court was greatly influenced by the fact that the appellant was not employed in a supervisory capacity.'' We have already pointed out that the Labour Court did not infer that the appellant was discharging duties of a clerical nature from the mere circumstance that he was not discharging supervisory functions. The Labour Court considere~ the entire evidence and recorded a positive finding that the appellant was

D.P, MAEESEW.<RI r. ·DHEI ADMN. (Chinnappa Reddy, J.) 955

discharging duties of a clerical nature. The finding was distinct from the finding.that the appellant was not discharging supervisory func- A tion as claimed by the company. We would further like to add that the circumstance that the appellant was not discharging supervisory functions was itself a very strong circumstance from which it could be · legitimately inferred .that he was discharging duti~s of a clerical nature. If the Labour'Court had.drawn such an inference it would ·u ·have been well justified in doing so. But, as we said, the Labour Court considered the entire evidence and recorded a positive finding that the workman was discharging duties of a clerical nature. The Division Bench, we are sorry to say, did not consider any of the evid~nce considered by the Labour Court and yet - characterised the conclusion of the Labour Court as perverse. The . only evidence which the Division Bench considered was that of -' M.W.I Shri K.K. Sabh1rwal and under the impression that the Labour Court had not considered the evidence of K.K.' Sabharwal, the Division Bench observed. "The non-reference to the said evidence while discuS>ing the point in issue, would· clearly vitiate the order to the Labour Court." This was again incorrect since we find that the Labour Court did consider the evidence of M.W.I fully .

. Shri G.B. Pai, Learned Counsel for the company, drew our attention to the qualifications of the appellant and certain letters written by him to the· Man.aging· Director and argued that ihe qualifications and the letters indicated that the appellant was dis- charging duties, not of a clerical nature but those of a ~enior execu- tive closely in the confidence of the Managing Director. We are enable to agree with Mr. Pai. First, we are not prepared to go behind the finding of fact arrived at by the Labour Court which certainly was based on relevant evidence and next, all that we can say from the qualifications and the letters is th~t the appellant was occasionally' deputed by t~e Managing Director to undertake some important inissio!ls. Tbe ·question is '!hat were bis ·main duties and not whether he was occasionally entrusted· with other work. On that question, the clear finding of the Labour Court is that he was mainly discharging duties of a clerical nature.

We are clearly of the opinion that the High Court was totallv unjustified in interfering with the order of the Labour Court unde~ H Art. 226 of the Constitution. We set aside the judgments of the Learned Single Judge and the Division l3ench of the Delhi High

956 . SUPREME COURT REPORTS (1983] 3 !.C.R.

Court, restore the order of the Additional Labour Court and direct A. tli.e Additional Labour Court fo dispose of the reference within a period of three months from the date of communication. of this order to that Court. That appellant is entitled to his costs which we . stipulate.at Rupees five thousand.

B H.L.c.· Appeal allowed. J

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