UNION OF INDIA UOI Vs. LABOUR COURT

JUDGEMENT

(1.) THIS petition has been filed by the Union of India for the quashing of the award dated 24 Jane 1967, made by the presiding officer, labour court, Jullundar, in the industrial dispute raised by Gopal chand Rana, respondent 2, against the management of Boas Dam Project, Talwara Township. The reference to the labour court was made by the Punjab Government in exercise of its powers under 01. ( of Sub-section (1) of Section 10 of the Industrial Disputes Act, 1917, by Labour Department Notification No. 102 SF-III L 67/10421, dated 3 April 1967. The matter referred to the labour court was: Whether the termination of services of Gopal Chand Rana is Justified and in order ? If not, to what relief he is entitled ?

(2.) THE labour court held the enquiry and made its award on 24 June 1967, wherein it was held that the order of the management dismissing Gopal Chand Rana from service by order dated 23 June 1966, was Illegal and unjustified and that he should be reinstated with full back-wages.

(3.) IN the petition the first point taken is that after the enforcement of the Punjab Reorganization Act, 1966, the appropriate Government under the provisions of the Industrial Disputes Act is the Government of India in the case of the management of the Beas Dam Project and a reference not having been made by the Government of India but by the Punjab Government, the reference was without Jurisdiction and the labour court acquired no Jurisdiction to adjudicate upon that dispute.