The Tribunal lacks jurisdiction to summon a party not originally involved in the reference, and any notice issued under such circumstances is invalid.

JUDGMENT :

B.R. SARANGI, J.

Indian Oil Corporation Limited, a Government of Indian Company as defined in Section 617 of the Companies Act, 1956, has filed this writ petition seeking to quash the notice dated 08.08.2013 under Annexure-9 issued by the Central Government Industrial Tribunal-cum- Labour Court in I.D. Case No. 25 of 2013 in pursuance of Reference No. L3011/6/2013-IR (M) dated 06.03.2013, and the order dated 14.08.2013 passed by the said Tribunal under Annexure-10.

2. The factual matrix of the case, in brief, is that a service contract, “for maintenance and general caretaking for Indian Oil staff quarters at Unit-IV, Officers’ Colony at Baramunda, Bhubaneswar and deployment of watchman at Guest House-cum-Transit at 54, Forest Park, Bhubaneswar”, was executed on 29.05.2009 between OM Security & Services and Indian Oil Corporation Ltd. Accordingly, the petitioner, vide its letter dated 16.5.2011, informed the Managing Director, OM Security & Services with regard to discontinuance of services for maintenance and general caretaking for Indian Oil staff quarters at Unit-IV, Officers’ Colony at Baramunda, Bhubaneswar and deployment of watchman at Gust House at 54, Forest Park, Bhubaneswar. On 10.01.2013, the Asst. Labour Commissioner (Central), Bhubaneswar sent a conciliation failure report to the Govt of India, Ministry of Labour & Employment, with regard to the dispute between the management of M/s. OM Security & Services, Bhubaneswar and All Orissa Private Security Karmachari Sangha. Such dispute, which was raised, has not whispered anything against the present petitioner.

2.1 The conciliation having been failed, the Central Government, in exercise of the powers conferred by clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of the Industrial Dispute Act, 1947, vide order dated 06.03.2013, referred the dispute to the Central Government Industrial Tribunal, Bhubaneswar for adjudication with the following reference:-

“Whether the action of management of M/s. OM Security & Services engaged by IOCL, Marketing Division, Bhubaneswar in not paying the terminal benefits to the workers as per section 25-F of I.D. Act, is legal and justified ? What relief the workmen are entitled to?”

2.2 Upon receipt of such reference, the All Orissa Private Security Karmachari Sangha filed its statement of claim by adding the present petitioner as 1^st Party Management No.2. In the statement of claim, the prayer was made to the following effect:-

It is therefore prayed by the All Odisha Private Security Karmachari Sangha that the Hon’ble Court may graciously be pleased to direct the Principal Employer M/s. Indian Oil Corporation Ltd. to pay the pending, payable dues towards Terminal benefits @ Rs.34,140/- to each workman through their Contractor M/S. Om Security & Service-Management for the interest of social justice.”

2.3. The Central Government Industrial Tribunal- cum-Labour Court, Bhubaneswar issued notice to the IOCL on 08.08.2013 to appear on 14.8.2013 and file written statement. Again, vide order dated 14.08.2013, the learned Presiding Officer, CGIT-cum-Labour Court directed the petitioner to file written statement. Hence, this writ petition. 3. Mr. S.S. Padhi, learned Senior Advocate appearing along with Mr. Debaraj Mohanty, learned counsel for the petitioner contended that the very issuance of the notice dated 08.08.2013 to the petitioner calling upon it to appear on 14.08.2013 cannot be sustained in the eye of law, because the petitioner was not a party before the conciliation authority and even on reference also, the petitioner was not originally made a party in the reference