THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3148 of 2001 ORDER: 1. This Writ Petition, under Article 226 of the Constitution of India, is filed challenging the award dated 10.1.2000 in I.T. I.D. No. (C) No.7/98 in setting aside the termination order passed by writ petitioner against the first respondent. 2. Heard both sides. 3. The reference made to the Labour Court reads thus: “Whether the action of the management of General Manager, Telecom Area, East Godavari Telecom District, Rajahmundry in terminating the services of Shri P.Srirama Murthy, Ex-telegraph Messenger w.e.f. 1.6.90 without following the procedure laid down in Industrial Disputes Act, 1947 is justified ? If not, to what relief the workman concerned is entitled to ?” In all fairness, the Tribunal ought to have framed a point to the effect that the act of the management of the General Manager, Telecom Area, East Godavari Telecom District in terminating services of the first respondent as Telegraph Messenger with effect from 1.6.90 without following the procedure laid down in the Industrial Disputes Act, 1947, is justified or not?, for consideration. Without framing that point, the Labour Court framed the following points for consideration. 1) Whether the workman is entitled to be considered for providing work of telegraph messenger on the leave vacancies ? 2) To what relief the workman is entitled ? The first point is not the point to be decided in pursuance of the reference made by the Government under Section 10 (1) (d) of the Industrial Disputes Act, 1947, and the point for determination in the Industrial Dispute in pursuance of the reference is ‘whether the workman comes within the meaning of ‘workman’ under Section 25-B (2) of the Industrial Disputes Act, 1947 and whether there is any violation of Section 25 (f) of the Act. Those points have not at all been considered by the Labour Court. 4. Therefore, the impugned order is set aside and the matter is remanded to the Labour Court for fresh consideration of the Industrial Dispute in accordance with law, in pursuance of the reference made to it, after giving opportunity to both the parties, preferably within a period of two months from the date of receipt of a copy of this order. 5. The Writ Petition is, accordingly, allowed. No costs. --------------------- (K.C.Bhanu, J.) 25.11.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3148 of 2001 25.11.2010 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3148 of 2001 Dated: 25.11.2010 Between: General Manager, Telecom district, East Godavari, Rajahmundry …Petitioner And P.Sriram Murthy & another …Respondents