The Tribunal cannot question the facts implicit in the reference and is bound to proceed on the basis of the facts as stated in the reference.

( 1 ) THE writ petitioner has challenged an order of the industrial Tribunal on the ground that such order travelled beyond the reference which was the foundation of the Tribunal's jurisdiction.

( 2 ) THE workman complained that a letter written by him on August 5, 1987, apparently opting for retirement and seeking settlement of his accounts,was at the dictates of the employer or its agent. Such complaint is found in a letter issued on behalf of the workman on November 11, 1987.

( 3 ) WHAT transpired immediately thereafter is irrelevant for the present proceedings. Ultimately a reference was made under section 10 of the industrial Disputes Act, 1947 (the said Act) covering the following issues: "whether termination of services of Shri Karuna Bhattacharjee is justified" ? To what relief, if any, is he entitled?"

( 4 ) THE Tribunal entered upon such reference and, by the order impugned, held that "the records clearly go to disprove the case of the concerned work- person that his was the case of forced resignation obtained under duress and coercion. " On such finding the reference was held not to be maintainable and liable to be dismissed.

( 5 ) LEARNED Counsel for the petitioner asserts that the terms of reference pre-supposed termination of services and there was no room for the Tribunal to determine as to whether there was any termination of service. It was urged that the Tribunal had strayepl beyond permissible limits in a reference to question a fact that was implicit in the reference.

( 6 ) A decision of a Division Bench of this Court reported at 1976 (33) FLR l4 (Sabitri Motor Service Pvt. Ltd. vs. State of West Bengal and Ors.) was cited. The judgement in such case, based on the Supreme Court's pronouncement in AIR 1967 SC 469 (Delhi Cloth and General Mills Co. Ltd. vs. Workmen and Ors.) was rendered in a reference arising out of identical issues.

( 7 ) THE reference in that case was on the question as to whether the termination of services of two employees was justified, and, to the relief, if any, such workmen were entitled. In that case the Tribunal posed the question as to whether the employer had terminated the services of the workmen and proceeded to conclude that workmen had left the services on their own accord.

( 8 ) SUCH question as to whether there was any termination, was held to be beyond the scope of the reference. The Division Bench held: "it seems to us that the Tribunal was wrong in posing the question whether the company had terminated services of the workmen. The issue raised by the order of reference was whether the termination of services of the workmen was justified. It was not, therefore, open to the parties or to the Tribunal as to go behind the order of reference and raise the issue as to whether there was in fact termination of service of the two workmen. The question which was referred to the Tribunal for decision was the justifiability of the termination. In the case of the Delhi Cloth and General Mills Co. Ltd. vs. Workmen and ors. , the terms of reference raised the issue whether the strike and lock-out were justified and legal. It was held that on the order of reference it was not competent for the workmen to contend before the Tribunal that there was no strike or for the management to contend that there was no lock-out. It was pointed out by G. K. Mitter, J. delivering the judgement of the Court that it was not open to the parties to contend that the foundation of the dispute mentioned in the order of reference was not-existent and the true dispute was something else. Under section 10 (4) of the Industrial Disputes Act it was not competent for the Tribunal to entertain such dispute. In the light of these observations of the supreme Court it is clear that the learned Tribunal erred in raising the question of termination of service as a fact. "

( 9 ) THE Delhi Cloth and General Mills case (supra) was also cited before me. Two other judgements were also placed, that