STATE OF BIHAR Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATNA

JUDGEMENT

(1.) The hearing of this case was concluded on 6th July, 1976 and the case was directed to be placed for Judgment in Court on 12th July, 1976. On that date we were intimated that there was some talk of settling the matter between the parties outside the Court. In view of the nature of the disputes involved and the number of employees affected by the same, we thought it proper that we should give fullest opportunity to the parties to have the matter settled outside the Court if possible. We, therefore, adjourned the delivery of the Judgment on several occasions, but it now appears that it is not possible for the parties to come to any amicable settlement and Judgment has to be delivered in this case.

(2.) In this writ application the petitioner, the State of Bihar, prays for quashing of the award dated 27th February,1975 (Annex. 1) made by the Respondent No. 1, the Presiding Officer, Industrial Tribunal, Patna, in Reference No. 87 of 1969 and Reference No. 4 of 1970.

(3.) Certain disputes arose between the petitioner and respondent Nos. 2 and 3, the Workmen of the River Valley Projects Department, Kosi Project, and the Workmen of the River Valley Projects Department, Gandak Project respectively. The notifications dated 19th August, 1969, (Annex. 2) and 4th February, 1970 (Annexure 3) were issued by the Government of Bihar, referring the disputes mentioned in the said notifications, under S. 10(1) (d) of the Industrial Disputes Act, 1947 . Those disputes related to workcharged employees of the Kosi and Gandak Projects of the River Valley Projects Department (hereinafter referred to as the 'Department'). An award was given by the Presiding Officer, Industrial Tribunal, Patna, which is Annex. 1 to this writ application. The disputes referred to for adjudication are mentioned in paragraph 1 of the award and related to four matters but of these we are concerned in this ease with only three of the disputes. Reference to those disputes will be made later.