ASSOCIATED CEMENT COMPANIES LTD. versus P. N. SHARMA AND ANOTHER

ASSOCIATED CEMENT COMPANIES LTD. versus P. N. SHARMA AND ANOTHER

The State Government, when acting as an appellate authority under Rule 6(6), qualifies as a tribunal under Article 136(1) since it exercises adjudicatory power derived from statutory rules and decides disputes about civil rights. However, in this case, the termination of the welfare officer was not punitive but a discharge according to the terms of service, so the appeal by the welfare officer to the State Government was incompetent, and the order of reinstatement exceeded jurisdiction.

Parties
Appellant: Associated Cement Companies Ltd.; Respondent No. 1: P. N. Sharma; Respondent No. 2: State of Punjab
Jurisdiction
India
Judgment Date
09 December 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order Dated July 4, 1962 of the State of Punjab
Outcome
Appeal allowed
Legal Topics
Tribunal Under Article 136, Scope of Service Conditions for Welfare Officers, Validity of Service Rules Under Statutory Authority
Constitutional Law Labour Law Administrative Law Tribunal Under Article 136 Scope of Service Conditions for Welfare Officers Validity of Service Rules Under Statutory Authority

Case Brief

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Parties

Associated Cement Companies Ltd.

Appellant

P. N. Sharma

Respondent No. 1

State of Punjab

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order Dated July 4, 1962 of the State of Punjab

Legal Issues

  1. 1 Whether the State Government exercising appellate jurisdiction under Rule 6(6) of the Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952 is a tribunal within the meaning of Article 136(1) of the Constitution
  2. 2 Whether the requirement of previous concurrence of the Labour Commissioner under Rule 6(3) Proviso 2 is within the scope of rule-making power under section 49(2) of the Factories Act, 1948
  3. 3 Whether the appeal by the welfare officer to the State Government was competent

Ratio Decidendi

The State Government, when acting as an appellate authority under Rule 6(6), qualifies as a tribunal under Article 136(1) since it exercises adjudicatory power derived from statutory rules and decides disputes about civil rights. However, in this case, the termination of the welfare officer was not punitive but a discharge according to the terms of service, so the appeal by the welfare officer to the State Government was incompetent, and the order of reinstatement exceeded jurisdiction.

Court Disposition

Appeal allowed

Orders

  • Order of reinstatement by the State Government (appellate authority) set aside.