The Industrial Tribunal has no jurisdiction to alter the character of a dispute referred for adjudication under S.10(1)(c) of the Industrial Disputes Act 1947.

1. By a notification dated the 5th May 1956 the Government of Travancore-Cochin withdrew an industrial dispute from the Industrial Tribunal, Trivandrum, and referred it for adjudication to the Industrial Tribunal, Ernakulam The notification was published in the Travancore-Cochin Gazette dated the 8th May 1956. It reads as follows:

"Whereas Government are of opinion that an Industrial dispute exists between the management of Messrs. Parry & Co., Cochin and their workmen represented by the Cochin Pandakasala Thozhilali Union, Mattanchery in respect of matters mentioned in the annexure to this order, And whereas the said dispute had been referred for adjudication to the Industrial Tribunal, Trivandrum, by order L4-3040-55-DD dated 2-4-1955 and is pending adjudication, And whereas since then an Industrial Tribunal, Ernakulam has been constituted,

And whereas in the opinion of Government it is expedient to refer the said industrial dispute for adjudication by the Industrial Tribunal, Ernakulam.

Now therefore in exercise of the powers conferred by S.10(1)(c) of the Industrial Disputes Act 1947) (Central Act XIV of 1947) read with the General Clauses Act (Central Act X of 1897) Government hereby withdraw the said industrial dispute from the Industrial Tribunal, Trivandrum and refer the said dispute for adjudication to the Industrial Tribunal, Ernakulam.

ANNEXURE

1. Are the workers entitled to any bonus from 1952 onwards. If so, what should be the quantum of bonus to be paid?

2. Are the workers entitled to any holidays with wages.

3. Are the workers entitled to one month's pay as gratuity for every year of service on the termination of

service.

4. Whether the wage cut effected by the company on 6-11-1954 and 10-11-1954 in the wages to the workers engaged in mixing Cynamide be restored?

5. Is the action of the company in discharging workers with long service and engaging new workers in their place on 8-2-1955 justifiable? To what reliefs are these discharged workers entitled?

(i) if the discharge is justifiable? (ii) if the discharge is not justifiable?

6. Are the above workers who are kept out of employment entitled to any interim relief pending adjudication. If so, to what extent?"

2. The Industrial Tribunal, Ernakulam, passed its award on 24-9-1957 and the same was published in the Kerala Gazette dated the 15th October 1957. Of the six issues mentioned in the annexure to the notification of the 5th May 1956, issue No. 5 alone was pressed before the Tribunal.

3. In the opening paragraph of the award the Tribunal said:

"After the statement of the parties, the president of the Pandikasala Thozhilali Union moved this Court by M. P. 46/56/dated 30-7-56 for impleading the General Shipping and Forwarding Service as a party to the dispute. After notice to the parties and hearing their objections, the General Shipping and Forwarding Service was impleaded as the 'Additional opposite party' as per the order on M. P. 46/56 on 20-9-56. The General Shipping and Forwarding Service is represented by its Proprietor Mr. C. I. Abraham";

in Para.9:

"They are workers under the contractor (General Shipping and Forwarding Service) and the company (Parry & Co., Ltd), had not discharged any one of them and no relief is available against

the company"and in Para.10:

"The workmen concerned were not given work from 8-2-1955 by the contractor (General Shipping and Forwarding Service). The justifiability or otherwise of the refusal of employment has to be considered next".

4. The Tribunal then found that the refusal of employment by the General Shipping and Forwarding Service was not justified and concluded the award as follows:

"The contractor (General Shipping and Forwarding Service) will give employment to all the workmen concerned according to availability of work not only in the godown at Palluruthy under the Parry & Co., but in other establishments also where work is available under the contractor (General Shipping and Forwarding Service). As compensation each worke