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No room for misplaced compassion in labour cases, says apex court

Legal Correspondent

Reliefs must be logical and tenable within the framework of law

Increasing tendency towards denudation of legitimacy of judicial process
Orders must emanate logically from legal findings

New Delhi: The Supreme Court has asked trial courts and the High Courts not to be swayed by emotions and not to show misplaced sympathy to workmen in labour-related cases.

“In recent times, there is an increasing evidence of this, perhaps well-meant but wholly unsustainable, tendency towards denudation of the legitimacy of judicial reasoning and process,” a Bench said quoting an earlier judgment.

The Bench, comprising Justices Arijit Pasayat and Lokeshwar Singh Panta, said, “The reliefs granted by the courts must be seen to be logical and tenable within the framework of the law and should not incur and justify the criticism that the jurisdiction of the courts tends to degenerate into misplaced sympathy, generosity and private benevolence. It is essential to maintain the integrity of legal reasoning and the legitimacy of the conclusions.”

The orders must emanate logically from legal findings, and the judicial results must be seen to be principled and supportable on those findings. “An expansive judicial mood of mistaken and misplaced compassion at the expense of the legitimacy of the process will eventually lead to mutually irreconcilable situations and denude the judicial process of its dignity, authority, predictability and respectability.”

In the instant case, the management of Gujarat Ambuja Cement dismissed eight employees. A labour court ordered their reinstatement. On appeal by the management, the Gujarat High Court remanded the matter for retrial. The labour court, while ordering their reinstatement, held that denial of back wages for 14-15 years, during which the workmen remained out of employment, would be sufficient punishment. However, the High court set aside the award.

Disposing of the appeal filed by U.B. Gadhe and others against this judgment, the Bench said though the industrial tribunal or the labour court had the power to reduce the quantum of punishment, it had to be done within the parameters of law. “Possession of power is itself not sufficient; it has to be exercised in accordance with law,” the Bench said. The company, as a matter of good gesture, offered to pay each of the appellants Rs. 1 lakh as they had received payment up to December, 2004. “Taking into account all relevant aspects, the offer of the respondent appears to be fair and reasonable. Let the payment be made within eight weeks,” the Bench said.

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