Institute of Chartered Accountants of India v. State of U.P (2019) 265 Taxman 5 (All.)(HC)

S. 16 : Officers and employees, salary, allowances, etc-Termination of service of employee-State Government was not competent authority to refer industrial dispute against petitioners to Industrial Tribunal- Central Government has the jurisdiction-Award passed was set aside.[ Industrial Disputes Act, 1947 S. 2(a)(i)]

The respondent No. 3 raised an industrial dispute against the petitioners i.e. Institute of Chartered Accountants of India claiming that he was employed as peon by the petitioners on 22-2-1993 and that his services were illegally terminated on 7-10-1998. He raised an industrial dispute wherein he prayed for reinstatement with all back wages and continuity of service. The claim of the respondent No. 3 was contested by the petitioners and thereafter an award was passed. On appeal High Court held that  State Government was not competent authority to refer industrial dispute against petitioners to Industrial Tribunal and Central Government has the jurisdiction  accordingly the Award passed was set aside.