12. The observations of the tribunal that by holding that the petitioner was entitled to regularization with effect from 01.04.1999, the tribunal would be going beyond the terms of reference is also equally fallacious. Once the term of reference required the tribunal to examine whether the petitioner could be regularized with effect from 26.09.1990, and the respondent itself stated that he is entitled to regularization from 01.04.1999, there was no impediment in the tribunal granting the relief of regularization to the petitioner atleast from 01.04.1999. It is well settled that a Court can grant a lesser relief than what is prayed for by the claimant/petitioner. The real issue/reference required to be dealt with by the industrial tribunal was with regard to whether the petitioner is entitled to regularization. It is not a case that the petitioner was demanding regularization from a date prior to 26.09.1990. Merely because the date from which the petitioner, even according to the respondent, was entitled to regularization happened to be 01.04.1999, it does not mean that the industrial tribunal could not have granted the said relief by answering the reference accordingly.”
