IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.3389 of 1999 Date of Decision:- 11.02.2010 Punjab State Electricity Board and others ....Petitioner(s) vs. Presiding Officer, Industrial Tribunal, Punjab Chandigarh ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.S.S.Brar, Advocate, for the petitioners. Mr.Ranjan Lakhanpal, Advocate, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present petition is for setting aside the Award dated 22.12.1997 (Annexure P-2) passed by the Industrial Tribunal, Punjab, Chandigarh vide which the reference has been answered in favour of the workmen-respondents. Counsel for the petitioners contends that the Industrial Tribunal could not have gone beyond the reference made to it for adjudication and grant relief accordingly. He contends that as the Labour Court has gone beyond the reference, the impugned award cannot be sustained. On the other hand, counsel for the respondent contends that although the reference was limited to the extent as to whether the workmen were entitled to regularization or not and if entitled, from which date. As a matter of fact, the workmen already stood regularized when the reference was made and it was only to be determined as to from which date the C.W.P.No.3389 of 1999 -2- workmen were to be treated in regular service. He is, however, unable to rebut the contention made by the counsel for the petitioners that the directions issued by the Labour Court are beyond the reference made to it. I have heard counsel for the parties and have gone through the records of the case. The reference was merely limited for determining the date from which the workman were to be held entitled to regularization. The directions which have been issued by the Labour Court are far beyond the reference and, therefore, the Labour Court having exceeded its jurisdiction, the Award impugned herein cannot be sustained. The impugned award dated 22.12.1997 (Annexure P-2) is hereby set aside. The case is remanded to the Presiding Officer, Industrial Tribunal-cum-Labour Court, Gurdaspur for fresh adjudication in accordance with law. The parties are directed to appear before the Industrial Tribunal-cum-Labour Court, Gurdaspur on 18.3.2010. The writ petition stands disposed of accordingly. February 11, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE