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| HC pulls up Dharmarth Trust over 'Baseless' allegations, rejects recall plea | | | Early Times Report
JAMMU, Nov 5: Taking serious exception to allegations concerning the functioning of the judiciary, the High Court of Jammu & Kashmir and Ladakh has dismissed an application filed by the J&K Dharmarth Trust seeking recall of an earlier judgment in a long-pending industrial dispute, observing that the plea was grossly misconceived and contained factually baseless assertions.
Justice M.A. Chowdhary, while dismissing CM No. 3228/2026 in OWP No. 796/2005, expressed concern over allegations suggesting that the Court had reserved a judgment for several months before pronouncing it without proper hearing or updating of proceedings.
The Court pointed out that the judgment in question had actually been reserved on December 4, 2025, and pronounced on December 19, 2025, within a period of just 15 days.
Describing the allegation as factually baseless, the Court observed that such assertions cast aspersions on the functioning of the judiciary.
The Court also took note of the role of the advocate who drafted the application, observing that the assertion raised concerns regarding professional conduct. However, it refrained from initiating further proceedings and left the matter for introspection by the counsel concerned.
The controversy arose from an industrial dispute involving the J&K Dharmarth Trust and its former employee, Chand Ram.
The J&K Industrial Tribunal, through an award dated September 9, 2003, had held Chand Ram entitled to receive 50 per cent back wages from the date of his termination until the passing of the award, payable by the Trust.
The Trust challenged the Tribunal's decision through OWP No. 796/2005, but the High Court dismissed the petition on December 19, 2025, thereby upholding the Tribunal's award.
Subsequently, the Trust approached the Court seeking recall of the judgment, contending that Chand Ram had died before the judgment was pronounced and that his legal representatives had not been brought on record.
It was argued that the judgment suffered from a jurisdictional defect and could not legally stand.
Rejecting the contentions, the High Court observed that the Trust had never informed the Court about the respondent's death during the pendency of the original proceedings, nor had it taken steps to bring his legal representatives on record.
The Court further observed that if the Trust was aggrieved by the earlier judgment, it could have pursued the available remedies of appeal or review instead of seeking recall through a separate application.
Justice Chowdhary noted that even if the judgment had been delivered after the death of the contesting respondent, the Trust could have preferred an appeal against his legal heirs.
Holding that the recall application was grossly misconceived, the High Court dismissed it without imposing costs.
Senior Advocate R.S. Thakur, assisted by Advocate Arun Singh, appeared on behalf of the J&K Dharmarth Trust.
(JNF) |
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