The learned Counsel for the petitioner contended that under Section 10 of the Industrial Disputes Act, where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing refer the dispute to Boards, Courts or Tribunals and that under Section 15 of the Act, where an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2-A) of Section 10 submit its award to the appropriate Government. Relying on Sections 10 and 15 of the Act, the learned Counsel for the petitioner contended that where any industrial dispute has been referred to a Industrial Tribunal-II for adjudication, it shall hold its proceedings and submit its award to the appropriate Government and the Industrial Tribunal-II has no power to dismiss the dispute for default. He further contended that the Industrial Tribunal-II dismissed the dispute for default on 26.102007 without passing the Award on merits as against the provisions of Section 15 of the Act and therefore the impugned Award is illegal and the same is liable to be set aside. In support of his contention, the learned Counsel for the petitioner relied on a decision of the Karnataka High Court in T.S.Zingade
