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Civil · Reportable judgment

Sunil Kumar Biswas vs Ordinance Factory Board & Ors.

Court
Supreme Court of India
Date
29 March 2019
Case No.
Civil Appeal No.3290 of 2019
Result
Dismissed
Bench
Abhay Manohar Sapre, Dinesh Maheshwari
Citation
[2019] 5 S.C.R. 1046 : 2019 INSC 436
Supreme Court Reports [2019] 5 S.C.R. 1046 : 2019 INSC 436
Headnote

Industrial Disputes Act, 1947 – s.10 – Reference of disputes to Boards, Courts or Tribunals – Appellant and respondent nos.4-6 were working with Ordinance Factory Board (respondent no.1) for

25 years – They claimed regularisation of their services – Pursuant thereto, they filed OA against respondent No.1-3 before the CAT, which was dismissed – Writ petition filed by them was also dismissed – On appeal, held: The remedy of the appellant and respondent Nos.4-6 lied in applying to the Central Government to make an industrial reference to the Industrial Tribunal u/s.10 of the Industrial Disputes Act in relation to the dispute which has arisen between them and not to pursue their remedy for adjudication of their grievance by filing OA before the Tribunal or/and writ petition in the High Court – Service Law – Regularisation of service. Dismissing the appeal, the Court

HELD: 1. Having regard to the nature of the controversy raised by the appellant and respondent Nos.4-6, this Court is of the considered view that their remedy lies in getting their alleged dispute settled by the Industrial Tribunal in a reference under Section 10 of Industrial Disputes Act, 1947 . The reason is that such disputes once made are required to be adjudicated on facts and the evidence. The factual controversy cannot be adjudicated in OA by the Tribunal or by the High Court in a writ petition. [Paras 10 and 11][1048-C-D]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 16.07.2015 passed by the High Court at Calcutta in WPCT No.82 of 2015 whereby the High Court dismissed the writ petition filed by the appellant and respondent Nos.4-6 herein. 3. A few facts need mention hereinbelow for the disposal of the appeal, which involved a short point. 4. The appellant and respondent Nos.4-6 herein approached the Central Administrative Tribunal (CAT), Calcutta against respondent Nos.1-3 (Ordinance Factory Board &
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