AMIR JAMEEL Vs. TISCO LIMITED

JUDGEMENT

(1.) This writ petition has been filed challenging the award dtd. 22/10/2011 passed by learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No.11 of 1997 whereby the learned court has held that the reference was not maintainable and has also decided the case on merit that the termination of service of the concerned workman Sri B. Alam by the management was proper and the workman was not entitled for any relief.

(2.) The terms of reference before learned labour court, Jamshedpur was as follows:

(3.) The learned counsel appearing on behalf of the petitioners, while assailing the impugned award, has submitted that the finding of the learned court that the reference itself was not maintainable, is perverse inasmuch as once the dispute is referred to the labour court for adjudication, the learned labour court has no option, but to answer the reference. The learned counsel submits that the detail discussion with regard to the maintainability of reference is from paragraph 7 wherein the case of respective parties has been recorded. He has submitted that at the time of making reference, the existence of industrial dispute is required to be examined and the reference having been made, there cannot be any doubt that the industrial dispute was existing, but the learned court has held that the dispute itself was a stale one. He submits that the finding of the learned labour court that the reference itself was not maintainable is beyond the jurisdiction conferred upon the learned labour court, and is consequently perverse which calls for interference. The learned counsel has relied upon the judgment passed by Hon'ble Supreme Court reported in (2010) 14 SCC 176 (Kuldeep Singh Vs. General Manager, Instrument Design Development and Facilities Centre and another).