AI Structured Summary
Not yet generated for this judgment
Judgment
Judgement and award dated 19.12.2011 rendered by the Industrial Tribunal, Ahmedabad in Approval Application (IT) No. 588 of 2003 in Reference (IT) No. 137 of 2001 to an extent of denying the backwages and other consequential benefits is sought to be assailed in this petition under Article 227 of Constitution of India.
On consideration of the rival contentions, this court is of the opinion that the Tribunal has exceeded its jurisdiction by adjudicating upon the matter it was not possessing the jurisdiction for. The application was under Section 33(2)(b) of the Industrial Disputes Act, 1947 ( for short 'I.D.Act') which inter alia obliges the employer to seek approval for discharge or dismissal of a workman. Needless to say therefore that the jurisdiction of the Tribunal under the said provision would be limited to examining the question of approval and other facts relevant thereto, to find out whether legal requirements contemplated in Section 33(2)(b) were complied with. If the Tribunal decides to reject the application for approval, the matter would end there. It would have no jurisdiction to adjudicate upon other contentious issues like the entitlement of monetary benefits by the workman or liability of the employer. In the instant case, after rejecting the approval application, the Tribunal adjudicated on such issues and found that the workman would not be entitled to the compensation to an extent of 60%. In absence of the adjudicator, jurisdiction under Section 33 of the I.D.Act, serious jurisdictional error was committed by the Tribunal. The impugned judgement and award is therefore not sustainable.
It is clarified that the order of the Tribunal shall not be understood as having adjudicated the 40% entitlement of the backwages in favour of the workman. It is further clarified that in absence of challenge by the employer to the rejection of application for approval, this court has not observed anything on merits in that regard and unless challenged, the order rejecting the approval application shall stand.
Rule is made absolute to the above extent.