EMPLOYERS IN RELATION Vs. THEIR WORKMEN

JUDGEMENT

(1.) The petitioner, who is the employer in relation to the Jamadoba Colliery of Messrs Tata Iron and Steel Company Ltd. has filed this writ application under Articles 226 and 227 of the Constitution challenging the award dated the 19th of December, 1968 (Annexure 1 to the application) given by the Central Government Industrial Tribunal -No. 2 at Dhanbad in Reference No. 121 of 1967.

(2.) The Central Government by its order No. 2/27/66 -LRII dated the 4th of March, 1966 referred the following dispute under Sec. 10(1)(d) of the Industrial Disputes Act for adjudication:

(3.) Mr. Sanyal, learned Counsel appearing for the petitioner, raised two contentions. In the first place, he submitted that the Tribunal had no jurisdiction to interfere with the punishment awarded by the management when it has not been found by it that the punishment given to the workman is so unduly severe as to amount to victimisation. Secondly, he contended that the punishment which has been given by the Tribunal is itself illegal being contrary to Clause 19(5), of the Certified Standing Orders of the company.