Labour Law

Hiru B. Barot Vs.IPCA Laboratories Limited and The Presiding Officer, Labour Court Decided on 13.04.2011

Labour and Industrial - Interim relief - Charge-sheet was issued against workman alleging wilful subordination - In the inquiry workman was held guilty and was dismissed from the service - Workman challenged the said order by filing Reference before the Labour Court - Whether the order passed by the Labour Court was only an interim relief or an interim award within the meaning of Section 2(b) of the Industrial Disputes Act, 1947 and if it was an interim award - Whether the workman was entitled for wages under Section 17- B of the Act from the date of the said interim award ?

Held, for treating a decision of the Labour Court as an interim award, the decision should reflect that relevant point for determination to be answered in part or wholly was formulated and addressed in the decision so as to determine the said controversy - In the instant case, relevant facts to invest jurisdiction in the Labour Court to pass an interim award have not been discussed and deliberated upon in the impugned decision - Impugned decision could not be considered as an interim award as such - Thus impugned decision of the Labour Court, though passed in exercise of Section 10(4) of the Act, was in the nature of interim relief and could not be treated as an interim award - As a result, the application preferred by the workman under Section 17- B of the Act was unavailable - Ordered accordingly.