Gujarat vs Nansinh on 9 March, 2010
5. Now, considering the submissions of learned advocate Mr. Zaveri that terms of reference which give power to the Industrial Tribunal to direct petitioner Corporation to appoint the dependent as per the Settlement Item No. 30 dated 21st December, 1989, the Tribunal derives jurisdiction in terms of the reference and Tribunal is having wide jurisdiction under the provisions of Industrial Disputes Act, 1947 and even Tribunal can create a new contract or modify the existing one. The Tribunal is not bound by service rules of the Corporation and the Tribunal has to function within the sphere of the provisions of the Industrial Disputes Act. The view taken by this Court in the matter of Re. Kalol Municipality, reported in 1993 (2) GLR 997 that the Industrial Tribunal has powers to pass award even granting confirmation and permanency, irrespective of the rules of the concerned authority. The Division Bench of this Court has considered earlier decisions rendered by this Court in the matter of Natvarlal V. Patel v. Municipality of Vadodara, (1965) GLR (VI) 189 and of Apex Court in the matter of Baroda Borough Municipality v. Its Workmen, reported in AIR (1957) SC 110.