PUNJAB STATE HOSIERY AND KNITWEAR DEVELOPMENT CORPORATION UNION Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THE present writ petition has been preferred by the Petitioner -Union challenging the award dated 28th June, 1993 (Annexure P -l) passed on a reference made by the Government on a demand notice submitted by the Union. The Industrial Tribunal, Punjab has answered the reference against the Petitioner -Union on the ground that the reference before the Tribunal is incomplete as the claim of the Petitioner -Union and the stand of the Respondent -management was divergent from that of the reference, because of which the Industrial Tribunal is unable to give any findings on the reference.

(2.) ON a demand notice filed by the Union dated 11th October, 1984, the following reference was made by the appropriate Government under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'):

(3.) THE Industrial Tribunal proceeded to decide all these issues together and on consideration of the evidence led by the parties came to a conclusion that the real dispute has not been referred by the appropriate Government to the Industrial Tribunal as the workers were asserting that there was a lock -out and the Management says that the workers were on strike. This matter was not referred by the appropriate Government and the reference was only with regard to termination of services of 59 workers and not whether there was a lock -out or strike or whether the workers did not join duty deliberately or were not allowed to enter the factory premises due to lock -out. Making this the basis the Tribunal concluded that it was not in a position to give any finding on the reference made by the appropriate Government and, therefore, dismissed the reference.