Industrial tribunal awards must answer the reference and give reasons; a non-speaking award is liable to be set aside.

An industrial tribunal award cannot stand when it fails to answer the reference placed before it and gives no reasons after considering the pleadings, evidence, or submissions of the parties. The High Court held that a decision-making authority must record reasons to ensure fairness and avoid arbitrariness, and a non-speaking award that merely issues a direction without dealing with the material on record is unsustainable. The award was set aside and the matter remitted for fresh adjudication of the reference in accordance with law.

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Issues: Whether an industrial tribunal award can be sustained when it does not answer the reference and is passed without discussing the pleadings, evidence, or submissions of the parties.

Analysis: The reference made by the Central Government was the core issue before the Tribunal, and the Tribunal was required to determine whether the management's action in denying absorption of the workmen was justified. The award, however, did not answer that reference and instead issued a direction for employment without any discussion of the oral or documentary evidence, the rival pleadings, or the arguments advanced. A decision-making authority must record reasons to avoid arbitrariness and to show fairness in the process, and an award that is neither speaking nor reasoned cannot be sustained.

Conclusion: The impugned award was unsustainable and was set aside, with the matter remitted for fresh adjudication of the reference in accordance with law.

Final Conclusion: The writ petition succeeded, and the dispute was restored to the Tribunal for a fresh decision on merits.

Ratio Decidendi: A statutory award that fails to decide the reference and is unsupported by reasons, discussion of evidence, or consideration of rival contentions is arbitrary and liable to be set aside and remitted for fresh adjudication.

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