- (1.) HEARD learned counsel for the parties.
(2.) THE appellant is aggrieved against the order dated 30th September, 2003 by which the award dated 28th November, 1994 passed by the Industrial Tribunal, Ranchi in Reference Case No. 11/1987, has been set aside and matter has been remanded after observing that the Tribunal has decided the question which was not referred to the Tribunal. The appellant's contention is that the respondents claimed themselves to be the employees of the MICA Trading Corporation of India, which has subsequently merged in the M.M.T.C. According to learned counsel for the appellant, in either case, before merger or after merger, this was the Union of India Corporation and, therefore, reference could have been made only by the Central Government which is the appropriate Government under the provisions of Industrial Disputes Act, 1947 whereas the reference has been made by the State government and this point has been raised before the Tribunal also and it was taken note of by the learned Single Judge, therefore, the reference itself was incompetent.
(3.) LEARNED counsel for the workmen vehemently submitted that firstly, the reference order passed by the State Government dated 15th September, 1987 was not challenged by the appellant at any point of time and not only this, but before the Tribunal they specifically waived this point and conceded that the Tribunal has jurisdiction, therefore, the appellant now cannot raise this point. It is also submitted that the learned Single Judge is absolutely right in setting aside the award as the leaned Tribunal committed serious error of law by not answering the reference but decided an entirely different issue which was not the subject matter of reference.;