Fertilizer Corpn. Of India Ltd. vs P.O. Industrial Tribunal And Ors.
2003 Latest Caselaw 711 Del

JUDGMENT

Mukul Mudgal, J.

1. It is not in dispute that initially the reference sought by the respondent No.3/workman was refused on 22nd March, 1977. Thereafter it has also not been disputed that the reference was made on 22nd May, 1979 without giving any opportunity or hearing to the petitioner.

2. This Order of reference dated 22nd May, 1979 has been challenged in the writ petition on the ground of violation of natural justice. Learned counsel for the petitioner has relied upon the following judgments :

   

 1.  I.T.I. Ltd. Vs State of Karnataka & Others 1978 LLJ (1) 544   
 

 2. American Express Inter. Banking Corp. Vs Union of India    1979 LLJ (II)  22
 

 3.  G. Muthukrishnan Vs New Horizon Sugar Mills (FB)     1980 LAB. I. C. 475  
 

All the above judgments hold that in case a reference is refused at one stage and it is at a later stage referred for adjudication, the reference cannot be made without notice to the party affected by the reference.

3. There is no appearance on behalf of the respondents. There is substance in the plea of the learned counsel for the petitioner. In the present case the dispute was referred even though the reference was refused earlier without notice to the petitioner. Accordingly, the Order of Reference dated 22nd May, 1979 is set aside and the matter is remanded back to the respondent No.2, who is directed to look into the matter and decide the question of making reference not later than 31st October, 2003 after hearing both parties. In case reference is made by respondent No.2, the pleadings before the respondent No.1 and all the proceedings including the evidence already led shall remain part of the reference and adjudication of the reference shall be from such a stage. Such an adjudication, if reference is made, shall be concluded on or before 30th June, 2004.

4. Writ petition stands allowed and disposed of in the above terms.