- (1.) Leave granted.
(2.) The appellant challenged the award dated 27.08.2010 passed under the provisions of the Timely Payment of Wages Act, 1978 and the recovery before the High Court leading to the impugned judgment dated 09.02.2011. The High Court found that the order passed by the Labour Court was without jurisdiction, and hence, the impugned orders were quashed. However, it was clarified that the judgment of the High Court did not mean that the workmen was left without any remedy. The question was only on invocation of proper remedy before the appropriate forum. And thus, it was directed that in case, any such matter is brought before the Government, the Government will refer it for adjudication before the Labour Court. To quote: "However, quashing of the orders under the Timely Payment of Wages Act, 1978 by this Court will not mean that the claim of the workmen has been rejected in any manner. The Court has not given any finding on the rights of the workmen or the amount of wages which had to be adjudicated by proper forum. The opposite party No. 6 and the workmen will be at liberty to approach the proper forum under the Payment of Wages Act, 1936 or any other forum under the Payment of Wages Act, 1936 or any other forum which they deem fit in the facts and circumstances of the case. It is also provided that in case matter is brought before the government it will refer it for adjudication at the earliest and the Labour Court will decide the whole matter within a maximum period of four months from the date of reference."
(3.) The grievance of the appellant is in a very narrow compass. It is pointed out that there is a peremptory direction by the High Court to refer the dispute raised by the workmen for adjudication, virtually taking away the discretion on the part of the Government to look into the issue as to whether there is a referable dispute at all.;