BALMIKI DUBEY Vs. PRESIDING OFFICER, LABOUR COURT AND THE MANAGEMENT OF INDIAN STEEL AND WIRE PRODUCTS LTD

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) THE petitioner workman has challenged the impugned Award dated 19.2.2002 passed by the Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 1 of 1988, whereby though it was held by the Labour Court that the termination of the workman for the misconduct of unauthorized absence was invalid, ineffective, inoperative and too harsh, but at the same time he has also held that since the sponsoring union had no representative capacity and following of substantial number of workmen to espouse their cause and, therefore, the present references was not maintainable and the workman was not entitled to any relief claimed by him.

(3.) MR . Sanjay Kumar Dwivedi, learned Counsel appearing for the petitioner submitted that at one hand the Presiding Officer, Labour Court has held that the termination of the workman for the misconduct of unauthorized absence is invalid, ineffective, inoperative and too harsh, but on the other hand he has held that the reference was not maintainable and the workman was not entitled to any relief claimed by him on the ground that the sponsoring union had no representative capacity and following of substantial number of workmen to espouse their cause. Mr. Dwivedi further submitted that once reference was made by the appropriate Government in exercise of power under section 10(1)(c) of the Industrial Disputes Act then Labour Court cannot travel beyond the terms of the reference and he cannot question the validity of the reference. He further submitted that once reference was referred for adjudication then it is immaterial as to whether the dispute was referred at the instance of the recognized union or unrecognized union. In support of his submission he relied on a decision of the Division Bench of this Court in the case of M/s Tata Iron and Steel Company Ltd. Versus State of Bihar and Ors. reported in 2002 (3) J.C.R. 52 (Jhr).