ORDER :

Heard Sri G.Vidyasagar, learned senior counsel appearing for the petitioner and learned counsel for the respondents.

2. This writ petition is filed to issue an appropriate writ or order or direction or a Writ of certiorari and to quash and set aside the award passed by the 1st respondent, Industrial Tribunal Court – II, Hyderabad, in I.D.No.3 of 2013, dated 04.11.2019 which was published in Gazette of Government of Telangana vide G.O.Rt No.145, dated 18.03.2020 and to allow this writ petition with costs.

3) The case of the petitioner, in brief, is as follows:

a) The petitioner is one of the oldest charitable hospital providing Medical services on ‘no profit and no loss basis’ and managed by a Trust by name Bhagawan Mahavir Memorial Trust.

b) The 2nd respondent union on behalf of nine employees, who are working as Assistant Technicians in the petitioner’s hospital made a claim before the conciliation officer, claiming themselves as Regular Technicians, and the said issue was referred to the Industrial Tribunal – 2, Hyderabad as follows:

“A. Whether the Management is justified in treating the technicians as Assistants Technicians on the guise of producing the Registration Certificates from the Para Medical Board?

B. Whether the provisions of the A.P.Para Medical Board Act, 2006 can have retrospective effect on the employees who are working prior to what act, if so;

C. What kind of relief the employees effected are entitled for?

c) The Tribunal only had to decide whether the management is justified in treating the technicians as Assistant Technicians and what kind of relief the employees are entitled for. There is no mention about the applicability of Minimum Wages Act and G.O.Ms.No.68, dated 08.12.2011 to the nine employees and that the Tribunal totally misdirected itself and adjudicated the issue and directed the petitioner to pay difference of wages as per the said Minimum Wages G.O. Therefore, the award passed by the Tribunal is contrary to the reference made to the said Court.

PERUSED THE RECORD:

4. The Government of Andhra Pradesh Labour Department has referred the matter to the Tribunal vide Proceedings No. B/3567/2013 dated: 30.09.2013 for adjudication with the following issues.

1. Whether the Management is justified in treating the technicians as Assistants Technicians on the guise of producing the Registration Certificates from the Para Medical Board.?

2. Whether the Provisions of the A.P.Para Medical Board Act, 2006 can have retrospective effect on the employees who are working prior to that Act if so;

3. What kind of relief the employees effected are entitled for?

5. The impugned order dated 04.11.2019 passed in I.D.No.3 of 2013, at para 16 reads as under:

“The case was referred by Joint Commissioner of Labour (Twin Cities), Hyderabad, for adjudication under Section 10(1) (c) of Industrial Disputes Act, 1947 and referred the matter for consideration with the following issued:

1) Whether the provisions of the A.P.Para Medical Board Act, 2006 can have retrospective effect on the employees who working prior to that Act?

2) Whether the petitioners’ are entitled for minimum wages par with Lab Technicians as per G.O.Ms.No.68 of 2011? What kind of relief the employees effected are entitled for?

3) Whether the management is justified in treating the technicians as assistant’s technicians on the guise of producing registration certificate from the Para Medical Board?

6. The observations in the relevant paras of the order impugned dated 04.11.2019 passed in I.D.No.3 of 2013, which clearly indicate that the observations and the findings are beyond the scope of reference are as follows:

29 In view of evidence on one hand, it is necessary to extract the minimum wages directed to pay following employees as per G.O.Ms.No.68 Labour Employment Training and Factories (LAB-ID ) 8.12.2011 came into effect from 19.03.2012.

32. As plain reading of Act, The A.P.Para Medical Board Act came into effect from the date of publication i.e. 25.09.2006 like w