LAWS(ALL)-2003-7-130

PREM PRAKASH SHARMA Vs. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT KANPUR

Decided On July 14, 2003
PREM PRAKASH SHARMA Appellant
V/S
Presiding Officer Central Government Industrial Tribunal Cum Labour Court Kanpur Respondents

JUDGEMENT

(1.) THE petitioner, Prem Prakash Sharma aggrieved by the award of the Central Government Industrial Tribunal -cum -Labour Court, Kanpur dated 3rd March, 1998 passed in Industrial Dispute No. 30 of 1997, Annexure -'16' to the writ petition, approached this Court by means of this writ petition under Article 226 of the Constitution of India.

(2.) THE following reference was made to the respondent No. 1/Industrial Tribunal for adjudication : Whether the action of the management of Central Bank of India, Agra to discriminate Sri Prem Prakash Sharma workman by not calling him for test for absorption against permanent vacancies in subordinate cadre is legal and justified. If not, to what relief he is entitled?

(3.) LEARNED Counsel for the petitioner could not point out any infirmity with the finding recorded by the labour Court which are the finding of fact and it is settled that this Court cannot sit in appeal over the view taken by labour Court. Therefore, the same do not warrant any interference in exercise of power under Article 226 of the Constitution of India.