Case Note & Summary
The dispute arose between the petitioners, who claimed to be Budli workers at Texmaco Limited, and the management regarding their regularisation. The appropriate Government referred the matter to the Industrial Tribunal, which ruled in favor of 92 out of 100 workmen, granting them regularisation and statutory benefits. The management challenged this award in the High Court, arguing that the Tribunal had exceeded its jurisdiction by enlarging the scope of the Reference. The Single Judge dismissed the writ petition, but the Division Bench agreed with the management, stating that the Tribunal had not notified the management, which could have provided relevant evidence. The Division Bench set aside the Tribunal's award and directed a fresh consideration of the matter. The Supreme Court, upon hearing both sides, found no reason to interfere with the High Court's decision and directed the Tribunal to reconsider the Reference in accordance with law, expressing no opinion on the merits of the case. The Special Leave Petition was disposed of without costs.
Headnote
A) Industrial Law - Jurisdiction of Industrial Tribunal - Scope of Reference - Industrial Tribunal exceeded its jurisdiction by enlarging the scope of the Reference - Industrial Disputes Act, 1947, Section 17-B - The High Court found that the Tribunal did not put the management on notice regarding the treatment of workmen, leading to an error in jurisdiction. The Tribunal was directed to reconsider the matter afresh in accordance with law. Held that the decision of the Division Bench was upheld (Paras 1-2).
Issue of Consideration
Whether the Industrial Tribunal had jurisdiction to enlarge the scope of the Reference regarding the regularisation of Budli workmen.
Final Decision
The Supreme Court upheld the High Court's decision, directing the Industrial Tribunal to reconsider the Reference afresh in accordance with law, without expressing any opinion on the merits of the case.
Law Points
- Industrial Disputes Act
- 1947
- Section 17-B
- jurisdiction of Industrial Tribunal
- regularisation of workmen
- unfair labour practice
