Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 1286 - HC - Indian LawsTermination of services - industrial dispute - instant writ petition raised an industrial dispute against the petitioners claiming that he was employed as peon by the petitioners on 22.2.1993 and that his services were illegally terminated on 7.10.1998 - HELD THAT:- The reference as was made by the State Government was essentially erroneous. Since I have found that the reference itself was bad, no finding is required to be given on the issues as to whether the petitioners were an industry and as to whether there was a relationship of an employee and employer existing between the parties. The petitioners were a body which got its existence because of a central enactment being Act No. 38 of 1949. If one goes by Section 2(a)(ii) of the Industrial Disputes Act, 1947, it becomes clear that even an autonomous body which was doing industrial work and was governed by the Central Government then the appropriate Government for making the reference of the dispute was the Central Government. In this regard since the Act No. 38 of 1949 definitely shows that the petitioners were a body which was a result of a Central enactment because of which the petitioners found their identity, any dispute which arose vis-a-vis the parties had to be, therefore, necessarily referred by the appropriate government i.e. the Central Government. This having not been done, the reference was bad and, therefore, the subsequent award also becomes bad in law. The award dated 22.1.2010 passed by the respondent no. 2 is set aside - writ petition allowed.
|