RAMADHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners claimed to be ex -employees of the Tractor Department of the Sugar Factory belonging to M/s. Motilal Padampat Udyog Limited. While so serving, their services were terminated between 19th March, 1978 Murari Krishna Prasad Sinha Versus State Of Bihar and 21st March, 1978. In the aforesaid ground, they raised their demands for reference regarding illegal termination, whereupon conciliation proceeding were held first by the Labour Superintendent, Bettiah and thereafter by the Assistant Labour Commissioner. But ultimately no conciliation having taken place, the Govt, of Bihar in exercise of its power under clause (c) of Sub -clause (1) of section 10 of I.D. Act referred the case for adjudication vide Notification No. 109 dated 28th January, 1982, to the following effect : "Whether dismissal of Sarbashri

(2.) BEFORE the Learned Presiding Officer (Labour Court, Muzaffarpur), both the parties appeared and filed their respective written statement. Witnesses were examined and documentary evidences led. On hearing the parties, the learned Presiding Officer, vide impugned award dated 16th October, 1990 held the reference as not competent, basic dispute having not referred by the Government, held the dispute raised by the workmen as not an industrial dispute.

(3.) ACCORDING to the counsel for the petitioners, the reference having made by the State of Bihar under section 10 (1) (c) of I.D. Act, the learned Presiding Officer had no jurisdiction to decide the same as not maintainable. The finding of Labour Court stands vitiated having gone beyond the terms of reference, the award is fit to be set aside, for fresh decision on merit.