SUBHASH CHAND Vs. P K JAIN

JUDGEMENT

(1.) . The petitioner, aggrieved by the award of the Industrial Tribunal, has filed this writ petition. The Industrial Tribunal in view of the award dated 25.1.90 on a reference from the appropriate Government held that the term of reference was capable of only a negative answer, It was further held that the Industrial Tribunal could not create a new term of references and is bound to limit the adjudication to the term of reference. It was held in the award that in view of provision of Contract Labour Regulation and Abolition Act, 1970, the decision of the Labour Commissioner in terms of the said Act and pursuant to the authority of Supreme Court in Canon India Ltd. 1974, Labour Indian Cases 707, shall be final and in view of AIR 1972, Supreme Court 1942, reference under Section 10 of the Industrial Disputes Act, 1947 cannot be made in respect of contract labour after enforcement of Contract Labour Regulation and Abolition Act, 1970.

(2.) Unfortunately, workmen did not challenge the award but choose to file application under Section 33-A of the Industrial Disputes Act. That application was dismissed.

(3.) During the pendency of these proceedings, I.D.No. 10/81 was filed before the award was made by the Industrial Tribunal. Mr.S.abharwal counsel for the petitioner has vehemently contended that dismissal of I.D.No. 10/81 was beyond the scope of Section 33 (2) of the Industrial Disputes Act.