ARINDAM SINHA,J. - (1.) Affidavit-of-service filed in Court be kept with the record. Inspite of service respondent no. 6 goes unrepresented.
(2.) Petitioner is a contract labour supplier. It challenges order dated 30th June, 2017 made by the Government of West Bengal, Labour Department in exercise of power conferred by Section 10 of the Industrial Disputes Act, 1947 to refer an industrial dispute to the Second Industrial Tribunal on the following issues:- "1. Whether the retrenchment of 140 workmen by the way of the Refusal of employment w.e.f. 25.06.2016 is justified? and 2. If not, what relief is entitled to the workmen?"
(3.) Mr. Choudhury, learned advocate appears on behalf of the petitioner and submits, there has not been any retrenchment whatsoever. The workers were requested to join their duties but they have either been prevented from so joining or have resorted to disrupting activities in the place of employment being Pepsi Co plant at Dhulagarh, Howrah. He refers to order dated 28th February, 2017 made by the Assistant Labour Commissioner acting as conciliation officer to submit, there is no basis for the finding that there had emerged a dispute of retrenchment of 140 workmen by way of refusal of employment. He relies on a judgment of the Supreme Court in the case of Delhi Cloth and General Mills Co. Ltd. v. Workmen reported in AIR 1967 SC 469 in particular to the following passages:- "Proceeding in the order in which arguments were addressed, we propose to deal with Issues 3 and 4 first. Under Section 10(1)(d) of the Act, it is open to the appropriate Government when it is of opinion that any industrial dispute exists to make an order in writing referring "the dispute or any matter appearing to be connected with, or relevant to, the dispute, .....to a Tribunal for adjudication." Under Section 10(4) "where in an order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under this section or in a subsequent order, the appropriate Government has specified the points of dispute for adjudication, the Labour Court or the Tribunal or the National Tribunal, as the case may be, shall confine its adjudication to those points and matters incidental thereto." From the above it therefore appears that while it is open to the appropriate Government to refer the dispute or any matter appearing to be connected therewith for adjudication, the Tribunal must confine its adjudication to the points of dispute referred and matters incidental thereto. In other words, the Tribunal is not free to enlarge the scope of the dispute referred to it but must confine its attention to the points specifically mentioned and anything which is incidental thereto..... ..... .....";