JUDGMENT :

A. Pasayat, J. - Order of the Labour Court, Sambalpur (in short, the 'Labour Court') is under challenge in this writ application by Divisional Forest Officer (K.L.) Sambalpur Kendu Leaf Division", Sambalpur. A reference was made u/s 10 of the Industrial Disputes Act, 1947 (in short, the 'Act') to the Labour Court to adjudicate the following dispute.

"Whether the refusal of employment to Sri Biswamitra Ghuta. Munshi during the Kendu leaf season, 1988 by the Divisional Forest Officer, Kendu Leaf Division, Sambalpur is legal and/or justified ? If not, to what relief Sri Ghuta is entitled ?" On consideration of materials on record, the Labour Court was of the view that refusal of employment to Biswamitra Ghuta (hereinafter referred to as the 'workman') during Kendu leaf season, 1988 by the petitioner was illegal and unjustified. Further direction was given to the effect that the workman was entitled to reinstatement as 'Munshi' beginning from 1988 and was entitled to get consequential back wages.

2. According to learned counsel for petitioner, direction given was beyond the scope of reference because dispute was alleged refusal of employment and legality thereof Kendu leaf seas