Whether a matter can be whether a matter can be remitted back to the Labour Court for a decision afresh

Case:  HIND FILTERS LTD. & ANR.  V. HIND FILTER EMPLOYEES' UNION & ANR., CIVIL APPEAL NO. 8801 OF 2012, DECIDED ON 17.08.2023      

If the material sought to be placed before the labour court is such that it will go to the root of the matter in determining the jurisdiction of the labour court to determine the issue.

Relevant paras 

 21. On the issue as to whether a matter can be remitted back to the Labour Court for a decision afresh, guidance is available from judgment of this Court in Santhosh Bansi Mahajan's case (supra). It was a case where a document on which reliance was placed by the workmen was not placed before the Labour Court when the matter was considered. It was placed on record for the first time before this Court. Liberty was given by this Court to file the said document before the Labour Court and the matter was remitted back to the Labour Court to be decided afresh. Similar issue had come up for decision before this Court in Bundi Zila Petrol Pump Dealers Association's case (supra) wherein an ex-parte Award was passed against the Management. This Court, finding that there were sufficient reasons for the absence of the Page 21 of 22 Management before the Tribunal, set aside the Award and the matter was remanded to the Industrial Tribunal giving liberty to the appellant before this Court to file the written statement and lead evidence.

22. In the case in hand as well on the facts, as noticed above, we find that the matter needs to be re-examined by the Labour Court, as the material permitted to be placed on record will go to the root of the case in determining the jurisdiction of the Labour Court to adjudicate the matter. The material sought to be relied upon by the appellants/Management to substantiate its plea has been briefly referred to in paras 16 and 19 of this order.