MALKIAT SINGH Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THE referring order of the learned Single Judge raises the significant question of law whether an award rendered by -a Labour Court on a reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter called the Act) made final and unchallengeable, in any Court by Section 17(2) of the Act can be challenged in a civil Court on the ground that one of the party before the Labour Court disputed the fact that the person raising the industrial dispute was a 'workman' and the disputing concern an 'industry' as envisaged in the Act and the finding of the Labour Court disagreeing with the said assertion was not correct.

(2.) BEFORE attempting an answer to the question posed, brief reference to the relevant facts, is necessary. Malkiat Singh Appellant, whose services were dispensed with by the Respondent, raised an industrial dispute and sought reference thereof to the Labour Court. The Government made a reference under Section 10 of the Act to the Labour Court, which gave its award on 11th May, 1976 in favour of Malkiat Singh and against the Respondent.

(3.) THE trial Court found both the issues against the Plaintiff and dismissed the suit. However, the appellate Court remanded the case for decision in accordance with law, it being of the view that since jurisdiction of the Labour Court was challenged, the decision of the Labour Court would not operate as res judicata and further the Plaintiff had to be given an opportunity to establish that the award of the Labour Court was null and void. Malkiat Singh impugned the judgment of the appellate Court in this Court. The learned Single Judge who was seized of the matter in the first instance referred it to a larger Bench, that is how the matter is before us.