BIHAR COLLIERY KAMGAR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R.S. Majumdar, learned counsel for the petitioner and Mr. Anoop Kumar Mehta, learned counsel for the respondents.

(2.) THE grievance of the writ petitioner is that although the dispute specifically related to various persons including Gopal Napit whose name was mentioned at Sl. No. 37 of the letter by which the dispute was raised (Annexure 1), yet the appropriate Government while making reference, annexed a list in which the name of Gopal Napit was wrongly typed as Gopal Nishad [Annexure A appended to Annexure 4 (pages 32 to 34 of this Writ Application)]. The further grievance of the writ petitioner is that at the time of filing of the written statement, this fact was brought to the notice of the learned Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad and at paragraph 21 they specifically stated that it was an inadvertent typing mistake and the name should have been Ganesh Napit and not Ganesh Nishad.

(3.) MR . Anoop Kumar Mehta, learned counsel appearing for the respondents has submitted that there is no infirmity with the award at all because it is a well known principle that a labour Court has to give its findings strictly on the basis of the reference which may have been referred to it for adjudication and he cannot travel beyond the scope of the reference. He further submits that if the petitioner was at all aggrieved, he should have challenged the reference itself, but having not done so no relief can be granted to the writ petitioner in this Writ Application because there is no infirmity to that extent in the impugned award in so far as the name of Gopal Napit/Nishad is concerned.