M/S. U.P.S.R.T.C. versus IMTIAZ HUSSAIN

M/S. U.P.S.R.T.C. versus IMTIAZ HUSSAIN

Section 6(6) of the U.P. Industrial Disputes Act is akin to Section 152 CPC and only permits correction of accidental or clerical mistakes, not errors or omissions going to the merits of the judgment. Substantive modifications, such as awarding back wages when previously denied, cannot be made under the guise of clerical correction. The Labour Court and High Court erred in modifying the award and granting back wages.

Parties
Appellant: U.P.S.R.T.C.; Respondent: Imtiaz Hussain
Jurisdiction
India
Judgment Date
12 December 2005
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Judgment in Writ Petition Including Review
Outcome
Appeal allowed; orders of Labour Court and High Court set aside.
Legal Topics
Industrial Disputes, Correction of Awards, Section 6(6) U.p. Industrial Disputes Act, Section 152 CPC, Back Wages, Judicial Power to Amend Awards
Labour Law Civil Procedure Industrial Disputes Correction of Awards Section 6(6) U.p. Industrial Disputes Act Section 152 CPC Back Wages Judicial Power to Amend Awards

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Parties

U.P.S.R.T.C.

Appellant

Imtiaz Hussain

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Judgment in Writ Petition Including Review

Legal Issues

  1. 1 Whether the Labour Court was justified in modifying its original award under Section 6(6) of the Uttar Pradesh Industrial Disputes Act, 1947 to grant back wages to the respondent.
  2. 2 Whether Section 6(6) of the U.P. Industrial Disputes Act permits any substantive changes to awards beyond clerical and accidental errors.

Ratio Decidendi

Section 6(6) of the U.P. Industrial Disputes Act is akin to Section 152 CPC and only permits correction of accidental or clerical mistakes, not errors or omissions going to the merits of the judgment. Substantive modifications, such as awarding back wages when previously denied, cannot be made under the guise of clerical correction. The Labour Court and High Court erred in modifying the award and granting back wages.

Court Disposition

Appeal allowed; orders of Labour Court and High Court set aside.

Orders

  • Order of Labour Court modifying the award set aside.
  • Impugned judgment of the Allahabad High Court set aside.