The jurisdiction of the Industrial Tribunal in Industrial dispute is limited to the points specifically referred for its adjudication and matters incidental thereto.

R.N.Sahay, J.

1. The Central Government vide notification dated April 5, 1980, referred a dispute between the petitioners and workmen under Sec. 10 (4) of the Industrial Disputes Act for adjucation to the Central Industrial Tribunal, Dhanbad. The terms of reference were as follows:-

"Whether the demand of the workmen of Badarpur Thermal Power Station Coal Monitoring Cell, Dhanbad for regularisation to the post of Loading Inspector in the grade applicable to a regular employee of the Badarpur Thermal Power Station, New Delhi with benefits of dearness allowance, house rent allowance etc. is justified? If yes to what relief these workmen are entitled to?"

2. The Industrial Tribunal by an award dated March 23, 1992 (Annexure-1) answered the reference in favour of the workmen and directed the petitioner-Management to regularise all the concerned workmen except one in clerical grade-II with effect from the date of the reference. The award has been challenged by the petitioners on the ground that it is without and/or in excess of jurisdiction and illegal in view of the fact that it is beyond the term of reference.

3. According to Sri Mathur, senior counsel appearing for the petitioner contended that the award illegally directed the Management to give clerical grade-II to the workmen when no such demand was made by the workmen for grant of grade II in their pleadings nor any evidence was led nor there was any regular employee in the Delhi establishment in the said grade. The Tribunal failed to consider that casual/temporary workmen in the Delhi establishment were employed on payment of minimum wages applicable under the Minimum Wages Act. The principle of equal work has no application to the present case in view of the fact that there was no Loading Inspector at the Delhi establishment nor there was any other category of workmen doing the same work as the workmen concerned used to perform at Dhanbad establishment. Sri Mathur submitted that principles invoked by the Industrial Tribunal in holding the Dhanbad establishment to be part of the Delhi establishment, are irrelevant and they are not applicable to the terms of the reference. The award, therefore, suffers from the error apparent on the face of the record. The award has been challenged as perverse.

4. On the other hand, the counsel for the workmen Sri Baban Lal vehemently argued that the contentions raised on behalf of the Management is devoid of any merit. The award was eminently just and in accordance with law.

5. In order to decide the question as to whether the impugned award is liable to be quashed on the ground urged on behalf of the petitioner, it would be necessary to state in brief the material facts of the case. The second-petitioner National Thermal Power Construction is a company registered under the Companies Act having its registered office in Delhi. The first petitioner is a unit of Petitioner No. 2, Badarpur Thermal Power Station and is engaged in the business of generating electricity. Coal is the basic raw material for generation of electricity. It buys coal from the Coal India Ltd. and its subsidiaries. The price to be paid to the collieries for the coal is dependant upon the quality of coal supplied to Badarpur Thermal Power Station. Sampling and analysis of coal was being done by BTPS at its power station at New Delhi after the samples were drawn, jointly by the representatives of BTPS and representatives of the seller-coal company and the price of the coal is paid on the analysis of coal,

6. As the sellers were interested in obtaining some provisional payments, therefore, an agreement was arrived at in 1985. The relevant portion of Clause 6 of the said agreement deals with sampling of coal and analysis and reads as follows:-

"Sampling of coal and analysis:-

6.1 In case of supplies of coal of Thermal power stations drawing supplies by rail, sampling and analysis shall be undertaken for determining the quality of coal supplied both at colliery and powe