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1958 Supreme(Cal) 47

P.B.MUKHARJI
Workmen of Bengal Electric Lamp Works – Appellant
Versus
Bengal Electric Lamp Works – Respondent


Advocates:
Arun Kumar Dutt and Bejoy Bhose, for Petitioners.

ORDER :- This is an application under Art. 226 of the Constitution by the workmen against the award of the First Industrial Tribunal, West Bengal. One of the issues referred to the Tribunal was :

"What should be the service conditions of the 59 female workers as per list attached to the order of reference?"

2. The Tribunal in its award states :

"The Unions claim is that the workers should be paid full wages of Rs. 66/- per month retrospectively since the day they gave full production. This claim is not covered by the issue as referred to this Tribunal."

3. The only point urged before me on this application for the issue of a Rule is that the Tribunal wrongfully and illegally failed to exercise the jurisdiction vested by those terms of reference. 1 am entirely unable to agree with that contention. The issue claimed plainly "What should be the service conditions?" The issue is not "What should have been". The Industrial Tribunal in exercising its jurisdiction in my opinion is only bound by the terms of reference. The jurisdiction is confined to the actual points of disputes referred to. The words by which reference is made of the disputes are therefore important. To give vague and indete







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