K. N. WANCHOO, P. B. GAJENDRAGADKAR, V. RAMASWAMI
Tata Iron And Steel Company LTD. – Appellant
Versus
S. N. Modak – Respondent
Judgment
GAJENDRAGADKAR, C.J.I. : The short question of law which arises in this appeal relates to the scope and effect of the provisions contained in S. 33(2) of the Industrial Disputes Act, 1947 (No. 14 of 1947) (hereinafter called the Act ). The appellant, the Tata Iron and Steel Co. Ltd., Jamadoba, applied before the chairman, Central Government Industrial Tribunal, Dhanbad (hereafter called "the Tribunal"), under S. 33(2) (b) of the Act for approval of the order passed by it discharging the respondent, its employee S. N. Modak, from its services. In its application, the appellant alleged that the respondent had been appointed as a Grade II Clerk in the Chief Mining Engineer s Office at Jamandoba. One of the duties assigned to the respondent was to check arithmetical calculations according to sanctioned rate of the bills coming from the Heads of Department. He was required to bring to the notice of the Deputy Chief Mining Engineer cases of discrepancies or irregularities, and also cases where additions or alterations in the bills had been made, but not initialled. On re-checking of the bills which had been passed by the respondent, it was discovered that several additions and a
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