Judgement

MITTER, J.:- In this appeal by certificate the question involved is, whether the Labour Court at Nagpur could exercise jurisdiction under Section 78 (1) (D) of the Bombay Industrial Relations Actin a case where the employee of an industry governed by the Act had not complied with the provisions of Section 42 (4)_ of the said statute read with the proviso to the said sub-section. The Bombay High Court has held that it was not necessary for an employee first to approach the employer or to follow the procedure laid down in Section 42 (4) including the proviso before the could apply to the Labour Court for relief under Section 78 (1) (D).

2. The facts are as follows. One Nathu, respondent No. 3 herein was employed as a munshi in the appellant s Bidi factory at Bhandara. The appellant had framed a charge sheet against him in respect of certain acts of misconduct, gross negligence of duty, insubordination etc. on May 13, 1965. As enquiry in respect thereof was held on May 15th after receipt of written statement from Nathu. Holding that the charges levelled against him were proved, the employer dismissed the third respondent with effect from August 1, 1965. The said respondent fil