DIRECTOR DIRECTORATE OF MILLETS DEVELOPMENT Vs. VIJAY KUMAR

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution the petitioner is praying for quashing and setting aside of the award dated March 28, 2000 of the Central Government Industrial Tribunal cum Labour Court, Jaipur in reference No. L-42012/12/99/IR (DU).

(2.) The facts of the case as to what the petitioner has stated in the petition are that Central Government has made a reference of the industrial dispute under clause (d) of sub-section (1) and sub- section 2(a) of Section 10 of the Industrial Disputes Act, 1947 to the Central Government Industrial Tribunal cum Labour Court, Jaipur regarding the removal of the respondent No. 1 workman by the petitioner from the services. The Tribunal on receiving the statement of claim of the respondent No. 1 workman issued notice to the petitioner who filed detailed reply raising therein number of the preliminary objections. The affidavits have been filed by both the patties and cross examinations were made thereon. The Tribunal has framed as many as 8 issues in the case for adjudication of the dispute. Those issues framed by the Tribunal are given in para No. 3 of the petition.

(3.) It is the grievance of the petitioner that the Tribunal is required to decide only the dispute which has been referred to it by the Central Government. It cannot make the new dispute which is not referred. It has exceeded its jurisdiction by framing new issues. The dispute has also been contested on the merits of the matter.