SWADESHI COTTON MILLS CO LTD Vs. LABOUR COURT

JUDGEMENT

(1.) The State Government made a reference under Section 4-K of the U. P. Industrial Disputes Act to the Labour Court, Gorakhpur, respondent No. 1, as to whethes Shri Hidayat Uliah, respondent No. 3, was entitled to being made permanent on the post of weaver and if so, from what date and with what other details. The petitioner contested the claim of respondent No. 3 on the ground that the said respondent was not entitled to be made permanent. The Labour Court gave its award on 9th November, 1973. It held that respondent No. 3 was till then not entitled to be declared a permanent weaver. The Labour Court, however, made a further observation that in the event of happening of a certain contingency referred to in the award respondent No. 3 will become entitled to be made permanent on 10th January, 1974. It is this part of the award of the Labour Court which is sought to be quashed in fh present writ petition.

(2.) It was urged by counsel for the petitioner that the observation made by the Labour Court towards the end of its award referred to above was without jurisdiction. In our opinion the submission made by counsel for the petitioner is well-founded. It is an. established principle of law that the Labour Court derives its jurisdiction from the reference and it cannot travel beyond the reference. As seen above the dispute which had been referred by the State Government to the Labour Court was as to whether the respondent No. 3 was entitled to be made permanent which meant! in praesenti. There was no reference authorising the respondent No. 1 to make an award as to whether respondent No. 3 would on the happening off a particular contingency be or be not entitled to be made permanent in future. That part of the observation which has been made in the award of respondent No. 1 deserves to be quashed.

(3.) In the result the writ petition succeeds and is allowed to this extent that the observation made by the Labour Court in ita award dated 9th November, 1973, that on the happening of the contingency referred to therein the respondent No. 3 would become entitled to be made a permanent weaver on 10th January, 1974, is quashed. Since no one has appeared to oppose this petition,, there will be no order as to costs. Order accordingly.