EAGLE FASHIONS Vs. SECRETARY LABOUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India seeking a writ of certiorari quashing the. order of reference dated August 11, 1995, Annexure P-1, whereby the following dispute has been referred to the Labour Court by Respondent No. 1 in exercise of the powers conferred by Sections 10 (1) (c) and 12 (5) of the Industrial Disputes Act, 1947.

(2.) THE learned counsel for Respondents 2 to 8 has supported the order of reference including the terms thereof.

(3.) HAVING heard the learned counsel for the parties and having perused the material brought on record, we are satisfied that the terms of reference have not been properly drawn up and therefore the order of reference is vitiated. . The Full Bench decision of this Court in India Tourism Development Corporation v. Delhi Administration, 1982 LIC 1309 is an authority for the proposition that the terms of reference should clearly spell out the real dispute between the parties and if that be not so, the order of reference would be liable to be interfered with in exercise of writ jurisdiction of this Court as the Labour Court would not travel beyond the reference and decide the real question in dispute.