Lucas India Service Ltd. Vs. residing Officer, Labour Court, Madras and Anothe
EmailAppeal: ivil Appeal No…of 1996 ( Arising out of SLP(C) No. 14384 of 1995)
Petitioner: Lucas India Service Ltd.
Respondent: residing Officer, Labour Court, Madras and Anothe
Apeal: ivil Appeal No…of 1996 ( Arising out of SLP(C) No. 14384 of 1995)
Judges: A.M. AHMADI, C.J. & SUJATA V. MANOHAR, JJ.
Date of Judgment: Jan 03, 1996
Head Note:
SERVICE AND LABOUR LAW
Constitution
Article 226 – Employee not joining on transferred post, though job transferable – Departmental enquiry – Chance given to join – Failure – Ultimately dismissed – Tribunal awarding back wages of about six years – Justification.Held that order granting back wages as affirmed by High Court was unsustainable. That part of orders set-aside.(Para 2)
JUDGEMENT:
ORDER
1. Special leave granted.
2. Heard counsel on both sides. We find it difficult to appre-ciate how the Tribunal could have directetition in the Patna High Court because it was refused the work of printing textbooks in view of Bihar Purchase Preference Rules, 1975 and the decision of the Industrial Development Commissioner-cum-Chairman of the Bihar State Appellate Committee.
4. The contention raised by the learned counsel is that the said Rules can have no application to the facts of this case and, therefore, the decision of Respondent 1-Corporation not to give printing order to the printing presses situated outside the State of Bihar is erroneous and arbitrary. Though the said decision of the Corporation has been challenged on various other grounds, we need not refer to them as we are inclined to accept the conten-tion regarding applicability of those rules.
5. The State Government by a resolution date 22-10-1975, framed rules known as Bihar Purchase Preference Rules, 1975.
By the said Rules, the Government provided for giving certain conces-sions on the purchases made by the departments/ corporations/ Councils authorities/ autonomous bodies from the industries situ-ated in Bihar.
It provides that while purchasing goods and materials 5% concession should be given to the goods produced by large and middle industries situated in Bihar.
It further provides that in respect of goods manufactured by small-scale industries situated within the State of Bihar, a concessthe High Court.
The amount deposited by the appellant pursuant to our order shall be returned to the appellant. The appeal will stand disposed of accordingly with no order as to costs.
1. Special leave granted.
2. Heard counsel on both sides. We find it difficult to appre-ciate how the Tribunal could have directetition in the Patna High Court because it was refused the work of printing textbooks in view of Bihar Purchase Preference Rules, 1975 and the decision of the Industrial Development Commissioner-cum-Chairman of the Bihar State Appellate Committee.
4. The contention raised by the learned counsel is that the said Rules can have no application to the facts of this case and, therefore, the decision of Respondent 1-Corporation not to give printing order to the printing presses situated outside the State of Bihar is erroneous and arbitrary. Though the said decision of the Corporation has been challenged on various other grounds, we need not refer to them as we are inclined to accept the conten-tion regarding applicability of those rules.
5. The State Government by a resolution date 22-10-1975, framed rules known as Bihar Purchase Preference Rules, 1975.
By the said Rules, the Government provided for giving certain conces-sions on the purchases made by the departments/ corporations/ Councils authorities/ autonomous bodies from the industries situ-ated in Bihar.
It provides that while purchasing goods and materials 5% concession should be given to the goods produced by large and middle industries situated in Bihar.
It further provides that in respect of goods manufactured by small-scale industries situated within the State of Bihar, a concessthe High Court.
The amount deposited by the appellant pursuant to our order shall be returned to the appellant. The appeal will stand disposed of accordingly with no order as to costs.
