EICHER TRACTORS LTD Vs. STATE OF H P

JUDGEMENT

(1.) THE writ petition is taken up for consideration. It is directed against the Award passed by the Labour Court on June 4, 1996. The order of reference made by the Government refers only one question to the Labour Court which reads as follows:--"whether the termination of Vinod Kumar Walia, Assistant Engineer on September 14, 1991 during continuation of probationary period by the Managing Director acting on behalf of the respondent of his unsuitability is legal and valid. If not to what relief is he entitled to?"

(2.) HOWEVER, the Labour Court proceeded to frame two issues in the following terms:-

(3.) IT is seen therefrom that the second issue was beyond the purview of reference made to; the Labour Court. The Labour Court could have only considered the question on the footing that the alleged termination of service was during the continuation of the probationary period. The reference, as such, was not challenged by the third respondent at any time. If he was really aggrieved by the failure of the Government to refer any question regarding validity of the probation, he should have challenged the order of reference.