JUDGMENT

Shivaraj V. Patil, J.—Leave granted.

2. The question “whether the ‘delay’ in completion of disciplinary proceedings directly attributable to the conduct of a workman under Section 10-A(1)(b) of Industrial Employment (Standing Orders) Act, 1946 also covers delay occasioned on account of such workman succeeding in getting stay of disciplinary proceedings at the hands of competent judicial authority pending trial of a criminal case in a bona fide effort to protect him from the prejudice that may be caused by simultaneous proceedings” has come up for consideration and decision in this appeal.

3. In brief, the facts giving rise to this appeal are:

The appellants are employees of the respondent-company. They resigned from the membership of the Mumbai Shramik Sangh Union, which till then had been the only trade union in the respondent-company and accepted membership of Shramik Utkarsha Sabha. One Mr. Sayeed Admed, an employee of respondent and Vice-President of Mumbai Sharamik Sangh made a false complaint on 23.4.1996 on account of union rivalry against the appellants alleging that they had assaulted him; they were arrested and subsequently released on bail; on 8.5.1996, suspensi