YADVINDER SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) IS it open to the Labour Court/Industrial Tribunal to dismiss a Reference under Section 10 of the Industrial Disputes Act, 1947? This is the question that arises for consideration in this case.

(2.) CHAPTER III of the Industrial Disputes Act, 1947 provides for Reference of dispute to Labour Courts or Tribunals. Under Section 10, if an appropriate Government is of the opinion that any industrial dispute exists or is apprehended, it may refer the dispute to the Labour Court or to the Tribunal depending upon the subject matter for adjudication of dispute as provided under the Schedule. Under Section 15, Where an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub -section (2 -A) of Section 10, submit its award to the appropriate Government. -

(3.) SETTLEMENT of industrial dispute being the main object behind the Industrial Disputes Act, 1947, the provisions as extracted above would show that once an industrial dispute which could not be settled in conciliation, the same is referred to the Labour Court or the Industrial Tribunal, as the case may be, for adjudication. The purpose of adjudication is determination of the industrial dispute and the same is expressed in the form of an Award. Therefore, once a Reference under Section 10 of the Industrial Disputes Act is made to the Labour court or the Industrial Tribunal, the said forum is to determine the dispute or question referred to it by appropriate adjudication. The Government along with the Reference also forwards the relevant materials also to the Court or the Tribunal. Thus, once a Reference is made, the Court or the Tribunal has to decide the same on the basis of the materials available on record. Whether any party to the dispute cooperates or not is immaterial. Hence, there arises no question of dismissal of the Reference for default. The Reference can be disposed of only by passing an Award whereby the question referred to it has been determined by the Labour Court or the Tribunal by passing an Award. The Presiding Officer, on the basis of the materials available on record should consider the matter on merits and enter the findings.