AJMER CENTRAL COOPERATIVE BANK LIMITED AND OTHERS Vs. JUDGE, LABOUR COURT AND INDUSTRIAL TRIBUNAL, AJMER

JUDGEMENT

(1.) A writ petition was filed by the appellant to challenge the award passed by the Labour Court holding retrenchment of the non-appellant - workman to be in violation of Section 25G of the Industrial Disputes Act, 1947 (for short "the Act of 1947").

(2.) It is a case where an award for reinstatement with full back-wages was passed by the Labour Court. It was challenged by the appellants alleging no violation of Section 25G of the Act of 1947. The Labour Court found employment of six persons subsequent to termination in violation of Section 25G of the Act of 1947. Learned Single Judge did not interfere in the finding of facts in holding termination to be in violation of Section 25G of the Act of 1947. The interference is, however, made in grant of back wages. An observation regarding payment of last wages drawn in terms of Section 17B of the Act of 1947 has been made, but, while concluding the order, a further direction for consideration of case of the non-appellant-workman for regularisation of his services on the post of Class IV has been given. A direction is further given for pay at the minimum of the pay scale of Class IV. The aforesaid direction has been challenged by the appellants.

(3.) It is stated that the award and subsequent litigation was to be decided within the framework of the reference sent by the appropriate government to the Labour Court under the Act of 1947. Neither the Labour Court nor this Court can travel beyond terms of the reference. The workman did not plead for consideration of his case for regularisation on the post of Class - IV and to pay him at minimum of the pay scale of the aforesaid post on his reinstatement. It could not have been for the reason that the workman was engaged through a Contractor and not by the mode provided under the Rules. In fact, he did not work on the aforesaid post thus interference in the order of learned Single Judge to the extent of the direction to consider the case of the workman for regularisation of his services and grant pay at minimum of the pay scale of the post may be made.