KEDILA DISTILLERIES LTD Vs. CHHATTISGARH CHEMICAL MILL MAZDOOR

JUDGEMENT

(1.) This matter has been placed before this Full Bench on a reference made by one of us (Honourable DIPAK MISRA, J.) on the following question framed by him :

(2.) The petition under Articles 226 and 227 of the Constitution of India is against the award made by the Industrial Court (Bench at Raipur), on a reference made by the State Government under Section 51(1) of Madhya Pradesh Industrial Relations Act, 1960, which was placed before a single Bench of this Court as per the roster prepared by Honourable the Chief Justice. It appears that the learned counsel for the petitioner-management raised an objection to the effect that according to the decision of a Division Bench of this Court in the case of Neo Sacks Limited v. CEGAT, New Delhi, (supra) and in Kedia Distilleries Limited v. Sumit Usha Martin Finance Limited and others, L.P.A. No. 332/1999, decided on January 11, 2000 the matter cannot be heard by a single Judge. After hearing the learned counsel for the petitioner and other counsel mentioned in the orders, amicus curiae, the learned single Judge referred the above question for constitution of a larger. Bench and that is how this matter comes before us.

(3.) From the facts indicated above, it is clear that the matter arose from an award passed by a Tribunal which was constituted under an enactment much prior to the 42nd amendment in the Constitution of India, whereby Articles 323-A and 323-B were added with effect from January 3, 1977. The Industrial Court, which delivered the award, under challenge in this case, is a Tribunal constituted under Madhya Pradesh Industrial Relations Act, 1960 It is obvious that it is a pre-existing Tribunal and was not constituted under Article 323-B of the Constitution by the State Legislature.