SUNIL KUMAR BISWAS versus ORDINANCE FACTORY BOARD & ORS.

SUNIL KUMAR BISWAS versus ORDINANCE FACTORY BOARD & ORS.

Remedy for regularisation claim is to approach the Central Government for reference to Industrial Tribunal under Section 10 of Industrial Disputes Act, as factual disputes cannot be adjudicated by CAT or High Court in writ jurisdiction.

Parties
Appellant: Sunil Kumar Biswas; Respondent: Ordinance Factory Board & Ors.
Jurisdiction
India
Judgment Date
29 March 2019
Procedural Posture
Civil Appeal / Final Disposition
Outcome
appeal dismissed
Legal Topics
Regularisation of Service, Industrial Disputes, Jurisdiction for Dispute Resolution
Labour Law Service Law Regularisation of Service Industrial Disputes Jurisdiction for Dispute Resolution

Case Brief

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Parties

Sunil Kumar Biswas

Appellant

Ordinance Factory Board & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether the remedy for regularisation of services lies in approaching the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947 instead of filing OA before the Tribunal or writ petition in High Court

Ratio Decidendi

Remedy for regularisation claim is to approach the Central Government for reference to Industrial Tribunal under Section 10 of Industrial Disputes Act, as factual disputes cannot be adjudicated by CAT or High Court in writ jurisdiction.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Parties may apply to Central Government for reference under Section 10 of Industrial Disputes Act.