- (1.) By this petition for writ, the validity, correctness and propriety of the Award dated 9.5.1996 passed by the Industrial Tribunal, Bikaner is questioned.
(2.) By the Award aforesaid, the learned Industrial Tribunal while answering a reference made to it by the appropriate government under a Notification dated 11.5.1992 held that the employer was not just and correct while not granting the workman pay-scale pertaining to the post of Tractor Driver. A direction was accordingly given to allow minimum of the pay- scale pertaining to the post of Tractor Driver to the workman in addition to the pay for the post of farm worker for the period commencing from 2.2.1985 to 11.1.1990.
(3.) As per learned counsel for the petitioner the Industrial Tribunal failed to understand that the dispute referred to it was neither an "industrial dispute" as defined under Section 2(k) nor an "individual dispute" as defined under Section 2-A of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act of 1947'), therefore, the reference made was incompetent. It is also submitted that no adequate evidence is available on record to establish that the respondent-workman was regularly discharging the duties of Driver.;