Poonam Chand Panchariya vs The Judge, Industrial Disputes Tribunal and Labour Court and Another

H.R. Panwar, J.—By order dt. 25.01.2008 notice was issued to the respondent. Despite service of notice, the respondent RSRTC failed to appear and therefore, by order dt. 13.08.2008 notice for final disposal at the admission stage was directed to be issued and notice in pursuance thereof has been served as per office report dt. 05.02.2009. However, no one appears for the respondent RSRTC.

Heard learned Counsel for the petitioner.

By the instant writ petition under Article 227 of the Constitution of India, the Award Annex.1 dt. 11.01.2001 has been challenged by the petitioner.

It is contended by learned Counsel for the petitioner that the Appropriate Government made a reference by notification dt. 20.04.1999 to the respondent Industrial Disputes Tribunal and Labour Court, Jodhpur (for short ''the Labour Court'' hereinafter). The Labour Court by the award impugned made a "No Dispute Award". According to the learned Counsel for the petitioner, there is no word like "No Dispute" in the Industrial Disputes Act. It was incumbent on the Labour Court to have answered the reference either way. Learned Counsel for the petitioner has relied on a Division Bench decision of this Court in Pappu Ram v. The Labour Court, Jodhpur and Ors. reported in 2005 (3) W.L.C. (Raj.) 616 wherein the Division Bench of this Court held that a Tribunal cannot answer an award made by appropriate Government u/s 10 (1) (c) in the name of no industrial dispute award. The reference proceedings dos not abate even on the death of workman what to talk of absence of workman. Thus, it is obligatory on a Labour Court or a Tribunal to answer a reference made u/s 10 (1) (c) on merit after proper adjudication. It is for the Tribunal to evolve its own procedure in conformity with the rules and exercise the power vested with it to make an award on the basis of material available on record. The Court or the Tribunal with a view to settle the industrial dispute keeping in mind the sense of doing complete justice to the parties concerned, may obtain additional material, if so required.

In view of the Division Bench decision of this Court referred herein above, in my view, the award impugned cannot sustain and is liable to be set aside.

Consequently, the writ petition is allowed. The impugned award Annex.1 dt. 11.01.2001 passed by the respondent Labour Court is set aside and the matter is remitted to the respondent Labour Court to adjudicate the reference referred to it on merit after serving a fresh notice to the parties. No order as to costs.