JUDGMENT :

This is employer’s petition under Article 227 of Constitution of India challenging the award dated 02.03.2020 given by Industrial Tribunal, Haldwani in Adjudication Case No. 04 of 2019. By the said award, retrenchment of 303 workmen, by M/s Bhagwati Products Ltd. was declared to be unjust and violative of Section 25-N of Industrial Disputes Act (Central Act).

2. It is not in dispute that the reference was made by Labour Commissioner, Uttarakhand under Section 4-K of U.P. Industrial Disputes Act, 1947. English translation of the dispute, which was referred for adjudication, is given below:-

“1. Whether the retrenchment of 303 workmen (as per list enclosed) by M/s Bhagwati Products Limited, Plot No. 18, Sector-02, Pantnagar, District Udham Singh Nagar is proper or legal, as the workmen allege that retrenchment/lockdown is without prior notice? If not, then to what relief the workmen are entitled to and with what details”

3. Petitioner has challenged the award on the ground that Section 25-N of Industrial Disputes Act, 1947 (Central Act) could not have been invoked by the Industrial Tribunal for deciding validity of retrenchment, when reference was made under Section 4-K of U.P