MANIPAL ACADEMYOF HIGHER EDUCATION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this Writ Petition, petitioner has sought for to quash the order of reference dated 8-12-03 passed by the 1st respondent at annexure-A and consequently, the proceedings before the Tribunal in ref. No. 164/03 by issuing writ of certiorari and for such other reliefs.

(2.) THIS Court had earlier disposed of this matter on 24-6-05 allowing the Writ Petition and quashing the impugned order of reference made to the Industrial Tribunal, Bangalore with a direction to the 1st respondent to make reference to the Industrial Tribunal, Mysore within two months for disposal of the case. Of course, the stand taken by the petitioner therein while disposing of the matter is that petitioner is not an industry and the appropriate Government is the Central government and it is the Industrial Tribunal at Mysore which has territorial jurisdiction and not the Industrial Tribunal at Bangalore. Even the Counsel appearing for respondents 2 and 3 had no objection to make reference to the Industrial Tribunal, Mysore. However, this order has been challenged before the division bench of this Court in writ Appeal No. 3341/05 wherein the division bench has observed that, the labour Court cannot go beyond the point of reference made by the competent authority since already reference was made by the state Government and while deciding the point of dispute the Industrial tribunal cannot frame an issue with regard to whether the appellant is an industry and whether the appropriate Government to make a reference is the Central Government or the State Government and whether the third respondent/union which is not recognised by the management could have raised a dispute, it is ordered that these are the issues to be considered by the Single Judge and it cannot be decided by the Industrial Tribunal. Accordingly, the earlier order passed by the Learned Single Judge was set aside while remanding the matter back for fresh consideration. Hence, this petition is taken up once again for consideration on the above points.

(3.) HEARD the Learned Counsel for the petitioner and the Learned counsel appearing for the respondents and the learned Addl. Govt. Advocate on the point.