Hon’ble Delhi High Court while dealing with a petition here on 08-02-2019 in the case of “Babu Lal & Ors. v. General Manager Northern Railways” stated that a cryptic order cannot be sustained as requirement of indicating reasons has been judicially recognized as imperative and right to reason is an indispensable part of a sound judicial system and reflects the application of mind on the part of the court.

BRIEF FACTS OF THE CASE

The petitioner no.1 was engaged as a peon on 01.05.1990 at initial salary of Rs.1900/- per month. The petitioner no.2 was engaged as a Gym Attendant on 01.08.1994 at initial salary of Rs.1600/- per month and petitioner no.3 was appointed as a Safai Karamchari at initial salary of Rs.1650/- per month on 01.07.1995.

The claim of the petitioners was that although they were engaged by NRSA but the NRSA is actually an instrumentality of the Northern Railway thus they must be given a temporary status/regularization.

Labour Court stated that the workmen had failed to prove that they had been recruited by the Railway Board or by the General Manager, Northern Railway and held that the workmen were not entitled to the temporary status claimed by them and, accordingly, the reference was answered against the workmen.

The present writ petition has been filed assailing the award dated 01.06.2005 passed by the learned Industrial Tribunal-cum-Labour Court.

DECISION OF THE COURT

Hon’ble Court held that the reason is the heartbeat of every conclusion and without the same, it becomes lifeless. In the absence of reasoning in the award, he is not in position to address arguments against the award.

Court further ordered the labour Court to pass a reasoned and speaking award taking into account the pleadings and the evidence already on record. The Labour Court was further requested to pass an award, afresh, as expeditiously as possible as and not later than three months from the date of receipt of the order.

Read the full Judgement Here-

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