(1.) HEARD Sri P.K. Sinha, learned Counsel for the petitioner -employer and Sri R.K. Verma, who is appearing on behalf of the opposite party No. 2 workman. The petitioner has assailed the award rendered by the Industrial Tribunal II, Lucknow on 25.5.19S4, a copy of which is contained in Annexure No. 11 to the writ petition.
(2.) A reference was made be the State Government under Section 4 -K of the U.P. Industrial Disputes Act, 1917 vide G.O. No. 1348 (SHRA)/36 -SHRAM (1 -CC -23 (LUCK)/82 dated 22.3.1932 to the Industrial Tribunal II, Lucknow, for settlement of a dispute between M/s Hindustan Aeronautics Ltd. and its workman. The reference reads as follows: D;k lsok;kstdkas }kjk vius Jfed fo'kky JhokLro dh fu;kstdks ds vkns'k i= la[;k ,e -,y -,l -Mh -@1303@ l - 240 fnukad 14 -8 -1981 }kjk lsok;s lekIr fd;k tkuk mfpr vFkok oS/kkfud gSA ;fn ugha] rks lEcfU/kr Jfed D;k ykHk@vuqrks'k fjyhQ ikus dk vf/kdkjh gS rFkk vU; fdl vkooj.k lfgrA
(3.) SRI P.K. Sinha, learned Counsel for the petitioner has strenuously argued that the petitioner corporation is a Central Government's corporation under the control of Ministry of Defence, Government of India. The State Government was not empowered to refer the dispute for adjudication to the Industrial Tribunal under Section 4 -K of U.P. Industrial Disputes Act. The Industrial Tribunal had no jurisdiction to adjudicate upon the case; Even if M/s H.A.L. had consented to submit itself to the jurisdiction of the Industrial Tribunal, such a consent or concurrence cannot give a jurisdiction to the Industrial Tribunal to adjudicate upon the dispute. Where there is an initial want of jurisdiction, the same cannot be cured by acquiescence. In support of his submission, Sri Sinha has placed reliance on the following judgments of Hon'ble Supreme Court of India and this Court. 1. The United Commercial Bank Ltd. v. Their Workman AIR 1951 (SC) 38. 2. Kliardah Co. Ltd. v. Baymon and Co. AIR 1962 SC 1810. 3. Union of India v. Rallia Ram. : AIR 1963 SC 1685. 4. Waverly Jute Mills v. Raymon and Co. : AIR 1963 SC 90.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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