AMARESHWAR SAHAY, J. - (1.) IN the present writ application the petitioner has prayed for quashing the award dated 28.11.1984 passed by the respondent No.2 in Reference Case No. 11 of 1987.
(2.) IN view of the order which 1 propose to pass it is not necessary to state the facts of this case in detail. Suffice is to say that vide notification No. IV/D2 - 7027/87L&E -1301, dated 15.9.1987 a reference was made to the Industrial Tribunal, Ranchi for adjudication to the effect that "what should be the pay scales and pay structure of the workmen of various units of MlCA Trading Corporation of India Limited situated in the State of Bihar and on what base they are entitled to get their dearness allowance -
(3.) BOTH parties filed their written statements before the Tribunal and led evidence in respect of their claims. The learned Industrial Tribunal though has passed a long order/award but from paragraph 15 and concluding portion of paragraph 32 of the award it appears that the learned Tribunal has totally mis -directed itself in not answering the reference which was made to it. In paragraph 15 of the said award the learned Tribunal framed two points for consideration : '' (I) Whether the present reference is or is not maintainable and bad in law ? (II) Whether the management is or is not in a position to pay the concerned productive staff pay scale and D.A. atleast at par with the non -production staff w.e.f. 1979 with all arrears of wages and consequential benefits? Accordingly, in closing paragraph 32 of his award the learned Tribunal has come to the following finding : '' "I am of the considered opinion that the management is not in a position to pay the concerned productive staff pay scale and D.A. at least at par with the non -productive staff w.e.f. 1979 with all arrears of wages and consequential benefits and that also in the circumstances when certain workmen have admittedly taken voluntary retirement. Accordingly, I find and hold that the management is not in a position to pay the concerned productive staff pay scale and D.A. at least at par with the non -productive staff w.e.f. 1979 with all arrears of wages and consequential benefits. Hence this point is answered accordingly.";