1999 Supreme(SC) 1611

SUPREME COURT OF INDIA
G.B. Pattanaik and M.B. Shah, JJ.
M.C. Mehta - Petitioner
Versus
Union of India and others - Respondent
I.A. 1170 in IA 202 in Writ Petn. (Civil) No. 4677 of 1985.
Decided On : 1-12-1999

Disputes regarding the terms and conditions of employment and payment should be adjudicated by the appropriate Industrial Forum, as it is the proper authority to collect evidence and determine the facts of the dispute.

Headnote:(A) Industrial Law - Employment Terms and Conditions - Dispute regarding whether employment was provided on the terms and conditions ordered by the Court and whether payments were made accordingly - Court not inclined to hold an inquiry into such matters - Workmen can raise a dispute before the appropriate Industrial Forum for collection of evidence and adjudication of the question.

Facts of the case:
An application was filed alleging that although employment had been provided, it was not on the same terms and conditions as previously ordered, and consequently, payments were not being made in accordance with the court's directions.

Findings of Court:
The court declined to conduct an inquiry into the specific terms of employment and payment.

Issues: Whether the court should entertain an application for an inquiry into the terms and conditions of employment and payment disputes.

Ratio Decidendi: Disputes concerning the terms and conditions of employment and payment are matters of fact and evidence, which should be adjudicated by the appropriate Industrial Forum rather than through an application in the court.

Result: Application dismissed.