M.Katju, D.R.Chaudhary, JJ. - (1.) This writ petition has been filed against the impugned order of the Central Administrative Tribunal dated 3.10.1997 Anncxure-4 to the petition, and against the award of the Central" Government Industrial Tribunal-cum-Labour Court. Kanpur dated 18.6.1993 Annexure-3 to the petition.
(2.) It appears that a reference was made by the Central Government to the Central Government Industrial Tribunal-cum-Labour Court. Kanpur, regarding the termination of service of respondent No. 2. and the Tribunal gave an award dated 18.6.1993 in favour of the workman. Against that award of the Central Government Industrial Tribunal-cum-Labour Court, it appears that the petitioner approached the Central Administrative Tribunal and the Central Administrative Tribunal passed the impugned order dated 3.10.1997.
(3.) In our opinion, the petition before the Central Administrative Tribunal was wholly misconceived. It may be mentioned that under Section 17 (2) of the Industrial Disputes Act. the award of the Industrial Tribunal is final. This means that the award of the Industrial Tribunal or Labour Court cannot be challenged by way of any statutory remedy. It can only be challenged by means of the constitutional remedy under Article 226 of the Constitution. The Central Administrative Tribunal has been created by the Administrative Tribunal Act which is a statutory enactment and not a constitutional enactment. Hence the award of the Industrial Tribunal can only be challenged in this Court by means of a writ petition under Article 226 of the Constitution and it cannot be challenged before the Central Administrative Tribunal. The decision of the Supreme Court in AIR 1997 SC 408, in our opinion has no relevance in this case. In that case, the Supreme Court only held that the Payment of Wages Authority will continue to have Jurisdiction to decide claims under Section 15 of the Act even after establishment of the Central Administrative Tribunal. This has nothing to do with the question whether any petition can be filed before the Central Administrative Tribunal against an award of the Industrial Tribunal or Labour Court. In our opinion it cannot, in view of the bar of Section 17 (2) of the Industrial Disputes Act.;