BIJILI MAZDOOR SANGH Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Government of U.P. in exercise of power under Section 4-K of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as Act), referred the two questions to the Industrial Tribunal-1 at Allahabad, relating to the legality and propriety of termination of services of the two workmen, named therein and about regularisation and confirmation of services of these two workmen. The order of reference as translated into English is quoted below:

(2.) The Industrial Tribunal in pursuance of aforesaid reference registered the case as Adjudication Case No. 168 of 1980 and vide its Award, dated 17.8.1981 (Annexure 5 to writ petition) held termination of services of the two concerned workmen to be improper and illegal and directed their reinstatement with effect from 1.2.1979 with continuity of service. However, the Industrial Tribunal completely omitted to consider the second question referred to it regarding confirmation of the workmen.

(3.) Both the workmen as such made an application under Section 6(6) of the Act to Industrial Tribunal for deciding the second question referred to it. This application was rejected by Industrial Tribunal vide its order, dated 30.8.1983, on the ground that Section 6(6) does not postulate giving of the whole Award on the issue. Relevant extract of the order of the Tribunal is quoted below: