Appropriate Government cannot suo motu amend industrial dispute reference to include termination during conciliation absent demand notice; fresh cause requires new dispute or Section 2A application. (24 words)

By way of this petition, the petitioner has prayed for the following reliefs:-

“(i) That action of the Respondent no.1, whereby old reference (Annexure-C) made under section 10 of the Industrial Disputes Act, 1947 has been amended and superseded by "corrigendum" dated 26th June 2019 (Annexure -F) as a consequence whereof Respondent no.2 has now been allowed to amend its old claim petition (Annexure -D) with fresh claim petition (Annexure-G) before the Learned Industrial tribunal cum- Labour court, may kindly be quashed and set aside.

(ii) order dated 07/05/2022 That impugned (Annexure 1), whereby the application dated 11/03/2020 filed by the petitioners (Annexure -H) has been dismissed upholding the "corrigendum" dated 26th June 2019 (Annexure-F) may also be quashed and set aside.”

2. Brief facts necessary for the adjudication of this petition are that in an industrial dispute raised by the respondents herein, the appropriate Government made the following Reference to the learned Labour Court to be answered:-

“1 "Whether demand no 1, 7, 8, 12, 14, 15, 16 & 21 raised by the Auckland House School Workers Union, 9, Bawa Building, The Mall, Shimla-3 vide demand notice dated-nil, received on 28.7.2016 (Copy-Enclosed) before and to be fulfilled by (i) The Employer/ Principal Coordinator/ Principal/ Manager, Auckland House School (Girls & Boys) Lakkar Bazaar, Shimla, H.P. (Principal Employer) (1) The Employer/ Manager, M/s Sanchi Management Services Pvt. Ltd., SCO 358, 2nd Floor, Sector-44D, Chandigarh. (Contractor Company), is legal and justify ? If yes, what monetary and other benefits, the aggrieved workmen are entitled to from above employers/ management?

2. "Whether action of the Employer/ Principal Coordinator/ Principal/ Manager, Auckland House School (Girls & Boys) Lakkar Bazaar, Shimla, H.P. to change the service conditions of its workers, as per list in above demand notice without complying with the provisions of the ibid Act, is legal and justified? If not, what relief and compensation the aggrieved workmen are entitled to from above employers?”

3. During the pendency of the proceedings before the learned Labour Court, the appropriate Government again issued a Corrigendum, dated 26.06.2019 (Annexure-F), which reads as under:-

“Corrigendum

With reference to this office notification of even noin respect of the industrial dispute of the Auckland House School Workers Union, 9 Baws Building, The Mall, Shimla-3 and (1) The Employer/ Principal Coordinator Principal Manager, Auckland House School (Girls & Boys) Lakkar Bazaar, Shimia, HP (Principal Employer) Di) The Employer/ Manager, M/s Sanchi Management Services Pvt. Ltd., SCO 358, 2t Floor, Sector-441), Chandigarh. (Contractor Company).

In the issue no. 2, the words, "Whether action of the Employer Principal Coordinator/ Principal/ Manager. Auckland House School Girls & Boys) Lakkar Bazaar, Shimla, H.P to change the service conditions of its workers, as per list in above demand notice without complying with the provisions of the ibid Act, is legal and justified? If not, what relief and compensation the aggrieved workmen are entitled to from above employers?" may be read as, Whether action of the Employer/ Principal Coordinator Principal/ Manager, Auckland House School (Girls & Boys) Lakkar Bazaar, Shimla, HP. to change the service, conditions of us workers and finally their services were terminated by the Employes Manager, Mis Sanchi Management Services Pvt. Ltd., SCO 358, 2th Floor, Sector- 44D. Chandigarh during the course of the conc