A Single Bench of High Court off Jammu & Kashmir and Ladakh has dismissed the Petition filed by the UT of J&K seeking Quashment of an Award/Judgment passed by Industrial Tribunal/Labour Court on the ground that the tribunal had exceeded its jurisdiction by declaring the respondent entitled to reinstatement as well as back wages along with other consequential benefits. It was contended by the petitioners that the tribunal had no competence to grant such relief.

The Respondents objected the stand of the petitioner on the ground that the government vide SRO 375 had itself referred the matter to the tribunal with points of reference as to adjudicate upon the legality or otherwise of action of department in terminating the services and award appropriate relief in case of illegality of action. As such the question of competence of the jurisdiction of the tribunal does not arise at all.

The court while elucidating different provisions of SRO 64 of 1994 held that the petitioner was engaged in the year 1992 i.e. much before the imposition of ban under SRO 64 of 1992 and as such was entitled to continue in service. The court further held that the power of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen is provided in Section 11A of the Industrial Disputes Act. It envisions that where an industrial dispute relating to discharge or dismissal of a workman is referred to a Labour Court, Tribunal or National Tribunal for adjudication and in the course of adjudication proceedings, the Labour Court, Tribunal or National Tribunal is satisfied that order of discharge or dismissal is not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman.