Practice and Procedure – Dismissal of writ petition by unreasoned order – Propriety of – Appellant issued summons to the respondent for non-payment of the Provident Fund contribution in the year 2005-2006 and ordered the respondent to pay inter alia damages for the delayed payments – Respondent filed appeal, which was allowed by Employees Provident Fund Tribunal – Appellant filed writ petition, which was dismissed by Division Bench of the High Court – On appeal, held: Division Bench dismissed the writ petition cursorily without dealing with any of the issues arising in the case as also the arguments urged by the parties in support of their case – Only expression used by the Division Bench in disposing of the writ petition is “on due consideration” – It is not clear as to what was that due consideration which persuaded the Division Bench to dispose of the writ petition – Courts need to pass reasoned order in every case containing facts, issues arising in the case, submissions urged by the parties, legal principles applicable to the issues involved and the reasons in support of the findings on all the issues arising in the case – Division Bench failed to keep these principles in mind, causing prejudice to the parties – Impugned order set aside – Matter remanded to the Division Bench for deciding the writ petition on merits – Employees Provident Fund and Miscellaneous Provisions Act, 1952 – ss.7A, 7C, 7Q and 14B. Allowing the appeal, the Court
HELD: 1.1 The Division Bench dismissed the writ petition filed by the appellant cursorily without dealing with any of the issues arising in the case as also the arguments urged by the parties in support of their case. [Para 13] [1133-E]
1.2 Indeed, in the absence of any application of judicial mind to the factual and legal controversy involved in the appeal and without there being any discussion, appreciation, reasoning and categorical findings on the issues and why the findings impugned in the writ petition deserve to be upheld or reversed, while dealing with the arguments of the parties in the light of legal principles applicable to the case, it is difficult to sustain such order of the Division Bench. The only expression used by the Division Bench is “on due consideration”. It is not clear as to what was that due consideration which persuaded the Division Bench to dispose of the writ petition because in the earlier paras only facts are set out. Time and again, Supreme Court has emphasized on the Courts the need to pass reasoned order in every case which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings on all the issues arising in the case and urged by the counsel for the parties in support of its conclusion. The Division Bench failed to keep in mind these principles while disposing of the writ petition. Such order has caused prejudice to the parties because it deprived them to know the reasons as to why one party has won and other has lost. The case is remanded to the Division Bench of the High Court for deciding the writ petition afresh on merits in accordance with law.[Paras 14-16] [1133-F-H ; 1134-A-C]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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