J. S. Nagaraj v. Presiding Officer, Labour Court, Chickmagalur
1998-10-08
V.GOPALA GOWDA
body1998
DigiLaw.ai
ORDER 1. The award passed by the Labour Court rejecting the reference made by the Government under Section 10(1)(c) of the Industrial Disputes Act, 1947 pertaining to the termination of the petitioner, is questioned in this writ petition. 2. A perusal of the impugned award disclose that the Labour Court rejected the reference by applying the decision of the Supreme Court in Madhyamik Siksha Parishad, U.P. Vs. Anil Kumar Mishra and others etc., AIR 1994 SC 1638 . That decision pertains to regularisation of services after completion of 240 days work. The Labour Court instead of adjudicating the points referred and the points incidental thereto, proceeded to examine the matter as if petitioner has sought for regularisation of his services. The Labour Court has not at all adverted to the points referred to it. Regularisation was not the point in dispute nor incidental to it. The same should not have been gone into while considering the justification or otherwise of the termination of services of the petitioner. 3. It is also noticed that the Labour Court has recorded inconsistent findings. At one stage it is stated that petitioner has not completed 240 days. In another stage it states that mere completion of 240 days does not confer right on the petitioner to seek regularisation. The Labour Court also placed reliance on the decision of this Court in W.P. No. 17914 of 1990 disposed of on 26-8-1994 while considering this aspect. That was not at all the aspect which was required to be considered by the Labour Court. Thus, while exercising the power the Labour Court has misdirected itself and rejected the reference on a wrong approach. Hence, the impugned award is bad at law and the same is liable to be quashed. 4. Accordingly, the writ petition is allowed. The impugned award is quashed. The matter is remitted back to the Labour Court to adjudicate the points in dispute purely on merits and the findings shall be confined only to the points of dispute. The matter shall be disposed of within a period of six months from the date of receipt of a copy of this order. 5. The office is directed to transmit the records to the Labour Court expeditiously.