Swadeshi Cotton Mills Company, Ltd. Kanpur v. Labour Court, Gorakhpur
1980-12-19
MAHABIR SINGH, N.D.OJHA
body1980
DigiLaw.ai
JUDGMENT N. D. Ojha, J. - The State Government made a reference under S. 4K of the Uttar Pradesh Industrial Disputes Act to the Labour Court, Gorakhpur, respondent 1, as to whether Hidayat Ullah, respondent 3, was entitled to being made permanent on the post of weaver and If so, from what data and with what other details. The petitioner contested the claim of respondent 3 on the ground that the said respondent was not entitled to be made permanent. The Labour Court gave its award on 9 November 1973. It held that respondent 3 was till then not entitled to be declared a permanent weaver. The Labour Court, however, made a further observation that In the event of happening of a certain contingency referred to In the award, respondent 3 will become entitled to be made permanent on 10 January 1974. It is this part of the award of the Labour Court which is sought to be quashed in the present writ petition. 2. It was urged by counsel for the petitioner that the observation made by the Labour Court towards the end of its award referred to above was without jurisdiction. In our opinion, the submission made by counsel for the petitioner is well-founded. It Is an established principle of law that the Labour Court derives its jurisdiction from the reference and it cannot travel beyond the reference. As seen above the dispute which had been referred by the State Government to the Labour Court was as to whether respondent 3 was entitled to be made permanent which meant in praesenti. There was no reference authorising respondent l to make an award as to whether respondent 3 would on the happening of a particular contingency be or be not entitled to be made permanent In future. That part of the observation which has been made in the award of respondent I deserves to be quashed. 3. In the result the writ petition succeeds and is allowed to this extent that the observation made by the Labour Court in Its award, dated 9 November 1973. that on the happening of the contingency referred to therein respondent 3 would become entitled to be made a permanent weaver on 10 January 1974, Is quashed. Since no one has appeared to oppose this petition, there will be no order as to costs.