MANAGEMENT OF THE FOOD CORP-ORATION OF INDIA Vs. GENERAL SECRETARY, FOOD CORP-ORATION OF INDIA MAZDOOR SAN-GHA

JUDGEMENT

(1.) This writ petition is directed against the judgment and award dated 22.10.2001 passed by the Industrial Tribunal, Guwahati in Reference Case No. 16(C)/1999 by which dealing with the following reference made by the Govt. of India in the Ministry of Labour under Section 10 of the Industrial Disputes Act 1947, the same has been answered in favour of the respondent Workmen represented by the Food Corporation of India (FCI), Mazdoor Sangha.

(2.) I have heard Ms. A. Bhattacharyya, learned counsel for the petitioner as well as Mr. R.P. Sarmah, learned Sr. counsel assisted by Mr. M.R. Adhikari, learned counsel representing the respondent Mazdoor Sangha.

(3.) Mr. Bhattacharyya, learned counsel for the petitioner while arguing that the learned Presiding Officer, Industrial Tribunal exercising its jurisdiction under Section 10(4) of the Industrial Disputes Act, ought to have confined to the term of reference and could not have exercised any power and jurisdiction beyond the periphery of jurisdiction conferred on it under the said provision. She also submitted that the findings recorded by the Tribunal is beyond the evidence on record and thus, not sustainable in law. In support of her argument she has placed reliance on the following decisions: