EMPLOYERS IN RELATION Vs. J P SINGH

JUDGEMENT

(1.) The Central Government, the appropriate Government within the meaning of Sec. 2(a) of the Industrial Disputes Act (in short, 'the Act') referred the following dispute for adjudication to the Industrial Tribunal:

(2.) The Counsel appearing for the Employer in relation to the Management of Kedia Open Cast Project of Central Coalfield Limited raised a preliminary objection regarding the maintainability of the reference on the ground that the wording of the reference is such that it has to be thrown out purely on the question of law. According to the counsel, reference as worded did not admit of consideration as to whether the dismissal was justified or reasonable.

(3.) From the impugned order recorded by the Industrial Tribunal, it appears that in course of argument, Sri Murthy, learned Counsel appearing on behalf of the Management specifically gave out that there was no question of going into the propriety of the domestic enquiry and argue the case on merits. In normal course, therefore, the Tribunal was left to consider the question as to whether on the basis of the evidence adduced at the time of domestic enquiry the order of dismissal was justified. But then preliminary objection was raised that the reference as worded did not admit of consideration whether the dismissal was justified or reasonable.