RAM SINGH 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 January 25, 1990 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 reference 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 LIC 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 chose 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. Sabharwal counsel for the petitioner has vehemently contended that dismissal of ID. No. 10/81 was beyond the scope of Section 33(2) of Industrial Disputes Act.