The main legal point established is that the Industrial Tribunal shall act as a sole arbitrator in a dispute referred to it, as clarified by the Supreme Court.

Amarjeet Chaudhary, J.

1. This writ petition is filed by the Liberty Footwear Company registered under the Factories Act, through its partner-cum-chairman D.P. Gupta, for quashing the order dated 12.10.1989 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Ambala, Copy annexure P.3 of the writ petition.

2. The relevant facts of the case are that there was a dispute about the validity of arbitral award. Parties approached this Court and afterwards the matter was agitated before the Honble Supreme Court of India. The dispute between the parties was referred to the Labour Court, Ambala for passing arbitration award in accordance with the law. The operative portion of the order of the Supreme Court is :

"(i) The State Government shall publish condition No. 3 in the arbitration agreement in the Government Gazette within four weeks from today;

(ii) The agreement containing condition No. 3 stands referred to the Industrial Tribunal Haryana at Ambala for passing arbitration award in accordance with law;

(iii) The reference made under Section 10(1) of the Act to the Industrial Tribunal is quashed; and

(iv) The Management shall withdraw the aforesaid Letters Patent Appeal and the Writ Petition pending in the High Court within three weeks from today failing which the High Court shall dispose them of as having become infructuous."

Labour Court vide its order dated 12.10.1989 held:

"This Court has been given exclusive delegation authority to arbitrate."

3. The petitioners sole relief is that the Tribunal was not to act as a sole arbitrator in the matter. In view of the judgment of the Supreme Court dated 31.8.89, the proceedings before the Labor Court was stayed by this Court vide its order 31.3.88 during the pendency of the writ petition. The respondent-Employees Union i.e. Karnal Lower Karamchari Sangathan (Regd.) approached the Supreme Court by filing the application being I.A. No. 1 of 1990 in C.A. No. 1765 of 1989 seeking clarification of their order dated 31.8.1989 as to whether the Presiding Officer, Industrial Tribunal was to act as the sole arbitrator or as to whether he has to associate the representatives of the management and representative of workmen. The Supreme Court has clarified the order holding that the Industrial Tribunal shall act as a sole arbitrator. The order passed by the Supreme Court on 28.8.90 reads as such :-

"From the tenor of the judgment and the conclusion reached thereon it appears to be clear that this Court directed the Presiding Officer of Industrial Tribunal to dispose of the matter under Section 10-A. The question is whether he should act as a Single Arbitrator or as a Committee as agreed by the parties. The counsel for the applicant pleads for the latter. It is not possible to agree with the contention that he must act a Committee as per the agreement by substituting himself for the Deputy Commissioner. The concluding portion of the judgment proceeds on the premise that he shall act as a Sole Arbitrator. The matter shall be disposed of by the Presiding Officer of Industrial Tribunal as indicated above. The Tribunal shall dispose of the matter within six months."

The Supreme Court has clarified that the Presiding Officer, Industrial Tribunal shall act as a sole arbitrator and nobody else is to be associated with him. In view of the Supreme Courts clarification there remains nothing in the writ petition. The same is dismissed, with no order as to costs.

The parties arc directed to appear before the Tribunal on 21st March, 1991 to receive further directions.