Industrial Tribunal order cannot be challenged on question of fact under Article 226: Jammu & Kashmir High Court

The High Court of Jammu & Kashmir and Ladakh recently observed an order passed by Industrial Disputes Tribunal/ Labour Court on disputed questions of fact cannot be challenged by way of a petition under Article 226 of the Constitution. [M/s Manu Mohit Industries v State of J&K & Ors.].Single-judge Justice Wasim Sadiq Nargal said that an Industrial Tribunal/ Labour Court exercises powers similar to the jurisdiction of a civil court and that the orders passed by a civil court can only be challenged before the High Court by way of a writ petition under Article 227 of the Constitution of India."If the challenge is limited only to the correctness or otherwise of the award, then it has to be considered that the power under Article 227 of Constitution has been invoked because the cause has not been initiated for the first time before the High Court," the Court said..Only if in addition to the correctness of the award, the petitioner seeks to challenge the vires of any other provision of Industrial Disputes Act or of any other provision or the very jurisdiction of the labour court to pass the award or on the ground that same has suffered from error or law apparent on the face of record, does it need to be considered that powers under Article 226 has been invoked, the Court made it clear. .The Court was hearing a plea filed by a firm under Article 226 of the Constitution of India challenging an award passed by the Industrial Tribunal/Labour Court, Jammu under Section 10 of the Industrial Disputes Act, awarding ₹1lakh to a workman, the respondent in the case.As per the plea, the workman-respondent was engaged as Foreman In-charge of repair and maintenance work at the petitioner's unit and that his services were terminated as he failed to perform his duties.The workman raised a demand notice before the Labour-cum-Conciliation Officer, Jammu in terms of Section 10 of the Industrial Dispute Act and the matter was referred for adjudication to the Industrial Tribunal/Labour Court, Jammu.The Tribunal, after completion of the pleadings and appreciating the evidence as well as the material place on record, passed a detailed award directing the petitioner to pay compensation of ₹1 lakh to the workman.This prompted the firm to approach the High Court, invoking the writ jurisdiction of the Court under Article 226 to challenge the award passed by the tribunal..The High Court noted that the petitioner raised disputed question of fact with regard to the salary component and the eligibility of the petitioner as Workman in terms of Section 2(s) of the Industrial Disputes Act.The Court held that while exercising the writ jurisdiction, it cannot go into the disputed question of fact as all the question of facts have been gone in detail by the Tribunal by adducing the evidence by passing a reasoned orderThus, the challenge thrown by the petitioner to the award passed by Tribunal by invoking the provisions under Article 226 of the Constitution of India was held not maintainable and, accordingly, the petition was dismissed..[Read Judgment]