Ajay Kumar Tripathi, J.The main point, which is required to be considered by the Court in the present writ application, is whether the Award dated 14th of June, 2007 given in Reference Case No. 7(C) of 2005 by the Presiding Officer, Industrial Tribunal, Patna is beyond the term of reference. The term of reference is reproduced hereinbelow:--

Whether the action of the management of Punjab National Bank, the Zonal Manager, Patna in not promoting Shri Bhola Mali to higher scale wage to PTS and also denying him promotion to Full Time Staff is legal and justified If not to what relief the workman is entitled

Attention of the Court has been drawn to the concluding part in paragraph 10 of the award. Even this is reproduced hereinbelow:--

10. In the result I find and hold that the action of the management of Punjab National Bank in denying promotion to Shri Bhola Mali, to Full-Time-Subordinate Staff is neither legal nor justified and Shri Bhola Mali is entitled to be posted as Full-Time-Subordinate Staff as a peon under the management of Punjab National Bank w.e.f. 13.7.2005 the date of reference of the dispute. The management of Punjab National Bank, Zonal Office, Patna is directed to post Shri Bhola Mali as Full-Time-Subordinate Staff as a peon with all facilities w.e.f. 13.7.2005 within sixty days from the date of publication of the Award.

2. The principle urged at the Bar on behalf of the management does merit consideration because there is no occasion for the Tribunal to decide something which was never the term of reference in the very first place. The decision of the Labour Court to award the status of a Full Time Subordinate Staff, that too as a Peon, from the date of reference of the dispute is uncalled for order or Award overreaching the jurisdiction of the Tribunal.

3. Writ is allowed. Award dated 14th of June, 2007 passed in Reference Case No. 7(C) of 2005 is set aside. Counsel for the management, however, informs the Court that the petitioner has got permanent status subsequently in terms of his entitlement in the year 2007, which is another issue altogether.