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2015 (7) TMI 1378 - GAUHATI HIGH COURTDismissing or discharging the workman from her service - entitlement to rbe einstated with full back wages and benefits or not - HELD THAT:- The reference has been answered in favour of the petitioner by holding her dismissal to be illegal and directing her reinstatement. Petitioner wants higher wages to be paid to her by the management. The reference was made to the learned Labour Court on two issues, firstly, whether management was justified in dismissing the workman and secondly, if it was not held to be so then whether the workman was entitled to be reinstated with full back wages. It goes without saying that the Labour Court while deciding a reference has to confine its adjudication to the issues referred to it by the appropriate Govt. It cannot deviate from the issues referred to and decide an issue, which is not referred to it for adjudication. It cannot enlarge the scope of the reference. Claim of higher wages by the petitioner was not an issue referred to for adjudication before the learned Labour Court by the appropriate Govt. It cannot be said by any stretch of imagination that if such a decision is given effect to, it will be inexpedient on public grounds affecting national economy or social justice. Therefore, on this ground, the claim of the petitioner cannot be entertained. The prayer made by the petitioner seeking a direction to the appropriate Govt. to modify the award by exercising the power under section 17A of the Act is wholly untenable inasmuch as the said provision has been held to be unconstitutional and unenforceable - Petition dismissed.
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