Whether the labour court or tribunal, when adjudicating a matter, can go beyond the scope of its reference under the Industrial Disputes Act ?
CS Professional · Labour Laws and Practice · PYQS · June 2025
Whether the labour court or tribunal, when adjudicating a matter, can go beyond the scope of its reference under the Industrial Disputes Act ?
Answer & Explanation:
In Delhi Cloth and General Mills Co. Ltd. vs. The Workmen and Others (AIR 1967 SC 469) , it was held that under Section 10(1)(d) of the Industrial Disputes Act, 1947, 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. As per Section 10(4) of the Industrial Disputes Act, 1947, where in an order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under this section has been made and 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. Hon'ble Supreme Court in case titled Oshiar Prasad and Ors v. Employers in Relation to Management of Sudamdih Coal Washery of M/s Bharat coking coal limited, Dhanbad, Jharkhand, (2015) 4 SCC 71 , has held that Tribunal while answering reference has to confine its inquiry to the question referred and has no jurisdiction to travel beyond the question or/and the terms of the reference. From the above, it is clear 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.
Topics: Industrial Disputes Act, 1947
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