Summary
The Supreme Court upheld dismissal of a regularisation claim brought before the administrative tribunal by workers engaged through a contractor at an ordnance factory. The controversy required adjudication of facts and evidence through an industrial reference sought from the Central Government. The judgment settled the appropriate route for adjudication rather than the workers’ underlying entitlement, which remained open if a reference was made.
Issues
- Whether the disputed contractor-worker claim should be adjudicated through the administrative proceedings.
- Whether the proper remedy was an industrial reference.
Held
- Given the nature of the disputed engagement and regularisation claim, the workers’ remedy was to request the Central Government to make a reference under Section 10 of the Industrial Disputes Act. The factual controversy required evidence before the Industrial Tribunal rather than determination in the original application or writ petition. (¶ 9–12)
- If a reference was eventually made, the Industrial Tribunal had to decide strictly on facts and law, uninfluenced by observations of the administrative tribunal, High Court or Supreme Court in these proceedings. (¶ 13)
Result
Appeal dismissed. Liberty to seek an industrial reference remained available; substantive issues were preserved for independent adjudication if referred.