JUDGMENT

Y.K. Sabharwal, J.-The appellant was ordered to be dismissed from service in terms of the dismissal order dated 24th April, 1987 passed by the employer-respondent No. 1. The said order is said to have been passed considering the report of the Inquiry Officer in respect of the charges levelled against the appellant. Section 6-E(2)(b) of the UP Industrial Disputes Act, 1947 (For short, the Act ), inter alia stipulates that during the pendency of any proceedings in respect of an industrial dispute, the employer may, in accordance with the Standing Orders applicable to a workman concerned in such dispute, for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise that workman. The provision to the said section, however, stipulates that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceedings are pending for approval of the action taken by the employer. On account of pendency of industrial disputes in Reference Proceedings in Adjudication Case No. 53 of 1986, respondent No. 1, as required by the afores