MAY 2016 CJA 2016 e-NE W S L E T T E R

1 CJA + CJA e-NE W S L ET T E R Monthly Newsletter of Chandigarh Judicial Academy of Punjab & Haryana High Court For circulation among the stakeholders in Judicial Education FROM THE DESK OF CHIEF EDITOR This is the last e-Newsletter of the year 2016 . The first e-Newsletter was of the month of May 2016 . During the year 2016 , different Induction Training Programmes were organized (i) newly selected Judicial Officers from the States of Punjab and Haryana; (ii) Induction Training Programme for ADJs from the States of Punjab and Haryana (on promotion) and Induction Training Programme for ADJs from the State of Punjab (direct from the Bar).

2 19 different Refresher-cum-Orientation Courses (Video-conferencing) for ADJs and Civil Judges on different areas of day-to-day concern were organized. 12 different Special Programmes were organized including five day Academic Programme for 28 Judges from Sri Lanka from december 12-16, 2016 . Further, 13 Special Lectures were organized including a visit of 3 Hon ble Justices of Lahore High Court (Pakistan). They lectured and interacted with Trainee Judicial Officers. Founder s Day lecture was delivered by HMJ Sikri, Judge, Supreme Court of India. A lecture on Qualities of a Good Judge was delivered by HMJ V. Gopala Gowda, Judge Supreme Court of India.

3 Apart from the activities mentioned above, Study Circles were set up in different Districts of the States of Punjab, Haryana and Chandigarh. There was positive response. Many of the presentations made have been received at CJA. Based upon these presentations, presently, the Faculty of CJA is engaged in preparing the different Bench Books. Once the Bench Books are finalized, they would be available for circulation amongst the different Districts of the two states. It is hoped that these Bench Books would become helpful and useful to our Judges in the efficient discharge of their functions. Many of our Judges and Judicial Officers at the district level in both the states have Doctoral and degrees to their credit.

4 They were requested to submit the Doctoral thesis and dissertations to CJA library. These Judges and Judicial Officers have also been requested to submit articles based upon their doctoral work duly updated so that the research work done by them could be meaningfully used by our Judges and Judicial Officers. We keenly look forward to the year 2017. I am sure, our Judges and Judicial Officers would come forward with new suggestions. If introduced, the same would help in enhancing the capacity of our Judges. Wish you all A Very Happy New Year. Balram K. Gupta MAY 2016 In this Issue: From the Desk of Chief Editor Judgements on Industrial & Labour Laws Judgments on Family Law Latest Cases: CRIMINAL Case Comment Events of the Month & Forthcoming Events Editorial Board Hon ble Mr.

5 Justice Rajesh Bindal Editor in-Chief Dr. Balram K. Gupta Chief Editor Prof. Shashi K. Sharma Ms. Navjot Kaur Editors VOLUME : 01 ISSUE : 08 december 2016 CJA JUDGEMENTS ON INDUSTRIAL AND LABOUR LAWS Industrial jurisprudence is not static, rigid or textually cold but dynamic, burgeoning and warm with life. It answers in emphatic negative the biblical interrogation: What man is there of you, whom if his son ask bread, will give him a stone? Krishna Iyer, J. in Indian Express Newspapers (Bombay) (P) Ltd. v. Employees Union, (1978) 2 SCC 188 Rahman Industries Pvt. Ltd. vs. State of : AIR 2016 SC 551 : In the scheme of the Industrial Disputes Act, 1947 it is not as if the Government has to act as a post office by referring each and every petition received by them.

6 The Government is well within its jurisdiction to see whether there exists a dispute worth referring for adjudication. No doubt, the Government is not entitled to enter a finding on the merits of the case and decline reference. The Government has to satisfy itself, after applying its mind to the relevant factors and satisfy itself to the existence of dispute before taking a decision to refer the same for adjudication. Only in case, on judicial scrutiny, the court finds that the refusal of the Government to make a reference of the dispute is unjustified on irrelevant factors, the court may issue a direction to the Government to make a reference.

7 Gauri Shanker vs. State of Rajasthan : (2015) 12 SCC 754 Reinstatement Back wages Ss. 25F, 25G and 25H of Industrial Disputes Act, 1947 and Articles 226 and 227 of Constitution of India - Labour Court held that retrenchment of Appellant-workman from his service was improper. Directed the Respondent-Department for his reinstatement. Whether Labour Court was justified in not awarding back wages and granting compensation in lieu of back wages though it ordered reinstatement in absence of gainful employment of workman - Held, Labour Court rightly followed normal rule of reinstatement as order of termination was void ab-initio in law for non compliance of mandatory provisions of the Act - However, Labour Court was not correct in denying back wages without assigning any proper and valid reasons.

8 Mackinon Mackenzie and Company vs. Mackinnon Employees Union: (2015) 4 SCC 544 If statutory provisions of S. 25 FFA of the Act regarding conditions precedent to retrenchment are not complied with, then the consequent action of Appellant-Company will be in violation of statutory provisions of S. 25 FFA of Industrial Disputes Act - Therefore, the action of the Company in retrenching concerned workmen amounts to being void ab initio in law. Finding recorded by High Court with regard to non-compliance of S. 25G of the Act by Appellant-Company was also statutory violation on part of Appellant-Company in retrenching certain concerned senior workmen.

9 Therefore, the impugned order pertaining to unfair labour practice required no interference. Jasmer Singh vs. State of Haryana : (2015) 4 SCC 458 Non compliance of procedure - Termination - Validity thereof Ss. 25F, 25G and 25H of Industrial Disputes Act, 1947 - High court set aside order of Tribunal wherein the Tribunal set aside the order of termination passed against Appellant-workman and awarded reinstatement - Hence, present appeal - Whether impugned order pertaining to termination was rightly set aside - Held, issuance of neither notice nor notice pay and payment of retrenchment compensation to Appellant were not complied with - Therefore.

10 Labour Court had correctly held that the termination of services of workman was illegal - Finding of fact that workman had worked for more than 240 days in calendar year and termination order was void ab initio in law for non-compliance of Ss. 25F (Clauses (a) and (b)), 25G and 25H of Act - Therefore, Industrial Tribunal-cum-Labour Court had rightly set aside the order of termination of services of workman and awarded order of reinstatement with continuity of service and full back wages - Impugned order of High court was set aside - Appeal allowed. Medical Officer's Association vs. and Anr.: AIR 2014 SC 1259 Industrial Disputes Act, 1947- Section 2(s) Workman Whether Medical Doctors discharging functions of Medical Officers, treating patients in Employees' State Insurance Corporations' dispensaries/hospitals are "workmen" within meaning of Section 2(s)?