DISTRICT PANCHAYAT Vs. BABUBHAI LAKHABHAI CHUDASMA

JUDGEMENT

(1.) Heard the learned Advocate, Mr.P.V.Hathi, appearing on behalf of petitioner.

(2.) In the present petition, the petitioner has challenged the award passed by Industrial Tribunal, Rajkot in Reference No.83 of 1995 dated 18.1.2006, whereby the Industrial Tribunal has directed to the petitioner to implement the Government Resolution dated 17.10.1988 w.e.f. 1.10.1988 unless and until the service of respondent workman will regularize after obtaining the permissions from the State Government.

(3.) Learned Advocate, Mr.Hathi, submitted that terms of reference is to make permanent Shri Babubhai Lakhabhai Chudasma, Shri Devraj Puna Vaja and Shri Kachara Sidi Alam after completion of 240 days in service and also to grant all the benefits which are available to permanent 2 employee with arrears. He also submitted that Industrial Tribunal has no jurisdiction to grant the benefit under Government Resolution dated 17.10.1988 because there is no terms of reference which referred for adjudication. He also submitted that Industrial Tribunal has jurisdiction only to examine or adjudicate the dispute which has been referred for it. Except that, the Industrial Tribunal has no jurisdiction to adjudicate another issue which is not referred for adjudication. He relied upon the decision of Apex Court in case of State Bank of Bikaner v. Om Prakash Sharma, 20.06 SCC (L&S) 930. He further submitted that this Government Resolution has been taken in account without giving opportunity to the petitioner and, therefore, the award is bad. Except that, no other submission is made by learned Advocate, Mr.Hathi and no other decision has been relied by him.