SAHIDULLAH MUNSHI,J. - (1.) This writ petition is directed against the award dated 18th November, 2008 passed by the learned Presiding Officer, Labour Court, Andaman and Nicobar Islands in I.D. Case No.3 of 2001.
(2.) The industrial dispute case was referred by the Hon'ble Lieutenant Governor, Andaman and Nicobar Islands by notification dated 24/25th January, 2001. The award was passed by the learned Presiding Officer, Labour Court, Andaman and Nicobar Islands on consideration of the statements of demand filed by the General Secretary, Plantation Crops Workers Union, Port Blair. The statements of demand contained, inter alia, the following grounds. (1) That eight workers were terminated from their services without notice. (2) The respondent no.2, Shri Ravi Babu, Junior Clerk, had to be suspended as per the provisions of SR/FR due to completion of 48 hours in police custody. (3) No termination order was given to any one of the eight workers. (4) The Director, C.A.R.I had not paid the wages of said workers for the month of 1st January, 2000 to 29th January, 2000. (5) No certified standing orders were being maintained and formulated by the said authority (CARI) for status and daily rated workers. (6) That although in the appointment order of the terminated workers, it was clearly stated after giving one month's notice, his/her service would be terminated, the same was not complied with by the authority (CARI).
(3.) On consideration of the above mentioned grounds and the reference made by the Lieutenant Governor, the award was passed by the learned Labour Court. The said award has been challenged by the writ petitioners; namely, Central Agricultural Research Institute and its Administrative Officer. In the writ petition, it has been agitated by the petitioners that the award passed by the learned Labour Court is without jurisdiction inasmuch as the learned Labour Court did not consider the legal position that Central Agricultural Research Institute, being a Central Government Organization, the Lieutenant Governor could not have the authority to make the reference and further that the petitioner No.1 is not the industry. Therefore the award, which has been passed, cannot be sustained in law inasmuch as the reference itself is without jurisdiction and not in conformity with the law under the Industrial Disputes Act.;