KHANNA WATCHES LIMITED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE above writ petition has been filed by the petitioner-management seeking to quash the award of the 2nd respondent-Labour Court dated April 1, 1998 published on June 20, 1998 in the Himachal Pradesh Official Gazette, which was rendered on an application No. 88/94 filed under Section 33-A of the Industrial Disputes Act.

(2.) AMONG other things, the sheet anchor of the challenge projected by the management against the award in question is that the 3rd respondent worker having not pressed even the grievance of changing the condition of service, as envisaged under Section 33 of the Act, the application under Section 33-A itself became incompetent and, therefore, the question of deciding Issue No. 2 formulated by the Labour Court did not arise. It is also the contention of the petitioner-management that the very reference said to have been made in Reference No. 27/94 also was allowed to be disposed of and dismissed as not pressed on March 13, 1995.

(3.) THE award under challenge discloses in internal page No. 4, particularly, paragraph 5 of the Issues framed for consideration as follows: