Case Note & Summary
The dispute arose between the Firestone Tyre and Rubber Company and its workmen, particularly in the tyre-curing department, leading to a strike and subsequent dismissal of workmen for alleged go-slow tactics. The management issued charge-sheets to 102 workmen, but many refrained from participating in inquiries, resulting in their dismissal. A settlement was reached in 1968, reinstating some workmen temporarily while others were not reinstated. The Industrial Tribunal later directed the reinstatement of 12 workmen, citing discrimination and unfair labour practices. The Supreme Court, however, found that the Tribunal had exceeded its jurisdiction by addressing discrimination, which was not part of the reference. The Court emphasized that the Tribunal must confine its adjudication to the specified points of dispute. It also noted that the inquiry conducted by the management was improper due to vague charge-sheets and lack of proper notice. The Court remitted the case back to the Tribunal for a proper examination of the merits of the dismissal, allowing both parties to present evidence. The appeal was allowed in part, and the Tribunal was directed to reconsider the demands specified in the reference (Paras 1-29).
Headnote
A) Industrial Disputes - Jurisdiction of Tribunal - Scope of adjudication - Industrial Disputes Act, 1947, Section 10(4) - Tribunal exceeded its jurisdiction by addressing the issue of discrimination which was not part of the reference. The demands for reinstatement were based on the alleged invalidity of dismissal, and the issue of unfair labour practice was not referred for adjudication. Held that the Tribunal must confine its adjudication to the specified points (Paras 26-27). B) Inquiry Procedure - Proper Inquiry - Industrial Disputes Act, 1947 - Tribunal's authority to allow evidence - When no proper inquiry has been held, the Tribunal has jurisdiction to allow management to lead evidence. The Tribunal found that proper charge-sheets were not served, thus it was entitled to ask parties to lead evidence to decide the merits of the dispute. The order for reinstatement without considering merits was unsustainable (Paras 27-28).
Issue of Consideration
Whether the Tribunal could address itself only to a question of discrimination without confining its adjudication to those points and matters incidental thereto, as specified in the industrial dispute.
Final Decision
The Supreme Court allowed the appeal in part, remitting the case to the Industrial Tribunal for reconsideration of the demands specified in paragraph 1(A) of the Schedule to the order of Reference, allowing both parties to present evidence regarding the merits of the dismissal.
Law Points
- Industrial Disputes Act
- 1947
- jurisdiction of Tribunal
- unfair labour practice
- discrimination
- proper inquiry
- reinstatement of workmen
