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TMI Blog1983 (8) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Industrial Disputes Act, whereupon the Delhi Administration referred the following dispute to the Presiding Officer, Labour Court, Delhi for adjudication : Whether the termination of service, of Shri Sadhu Ram, conductor is illegal and unjustified, and if so what directions are necessary in this respect . The Union on behalf of the workman and the management appeared before the Presiding Officer, Labour Court. On behalf of the management, a contention was raised that the workman had not raised any demand with the management and that there was therefore, no industrial dispute. The reference was accordingly claimed to be incompetent. The Labour Court overruled the contention, holding as a fact that the Union had raised a valid demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Presiding Officer of the Labour Court. The decision of the learned single judge was affirmed by a Division Bench. The workman has come before us under Article 136 of the Constitution. 3. We are afraid the High Court misdirected itself. The jurisdiction under Article 226 of the Constitution is truly wide but for that very reason, it has to be exercised with great circumspection. It is not for the High Court to constitute itself into an appellate court over Tribunals constituted under special legislations to resolve disputes of a kind qualitatively different from ordinary civil disputes and to read judicate upon questions of fact decided by those Tribunals. That the questions decided pertain to jurisdictional facts does not entitle the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment for adjudication. Throughout it appeared that the only reference that the Government could have made related to the payment of retrenchment compensation which alone was the subject matter of dispute between the parties. The conciliation which failed had also concerned itself with the question of payment of retrenchment compensation and in their claims before the management, the workmen had requested for payment of retrenchment compensation and raised no dispute regarding reinstatement. It was in those circumstances that the court held that there was no industrial dispute regarding reinstatement. We do not see how Sindhu Resettlement Corporation Ltd. v. The Industrial Tribunal of Gujarat can be of any assistance to the respondents. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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