EMPLOYERS IN RELATION TO THE MANAGEMENT OF PANDAVESWAR COLLIERY OF EASTERN COAL FIELDS LTD. AND ANOTHER Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In this writ application the writ petitioner (hereinafter referred to as the company) has challenged the award dated 3rd Nov., 1989 passed by Central Government Industrial Tribunal at Calcutta in Reference No. 44/84 awarding that Rajia Devi (hereinafter referred to as the workman) be reinstated to her service with effect from 1-1-1983 with all service benefits from that date.

(2.) The Government of India, Ministry of Labour and Rehabilitation (Department of Labour), by an order of reference dated 11th Aug., 1984 referred the following dispute to the Central Government Industrial Tribunal at Calcutta for adjudication.

(3.) Before dealing with the points raised by the Id. Advocate for the company it is necessary to restate the scope of judicial review of this Court while exercising writ jurisdiction. In this context it is important to refer to the Supreme Court decision in Shri Sitararn Sugar Co. Ltd. Vs. Union of India reported in (1990) 3 SCC 223 : (AIR 1990 SC 1277) . Supreme Court in Sitararn Sugar Company's case (supra) in paragraphs 49 and 50 of the Reported decision (SCC p. 252) observed as follows:-