P.K.GOSWAMI, P.N.BHAGWATI, A.ALAGIRISWAMI
Chemical And Fibres Of India LTD. – Appellant
Versus
D. G. Bhoir – Respondent
Judgment
ALAGIRISWAMI, J.:- The question that arises in these appeals is the implication of Section 2A of the Industrial Disputes Act. On 14th August, 1972 the Government of Maharashtra made a reference to the Labour Court under Section 10 (1) (c) of the Industrial Disputes Act in respect of the dismissal by the appellant of one of its employees M. S. Bobhate. On 25th August 1972 the appellant dismissed three other workers, Dastoor, Shame and Soman after an enquiry and this led to a strike in the appellant s factory. Towards the end of October 1972 the Company discharged about 312 of its employees and filed 12 applications before the Industrial Tribunal for approval of such discharge on the ground that a reference was pending before it. The appellant pleaded before the Tribunal that the strike was illegal as a reference was pending in respect of Bobhate and therefore the discharge of its workers by the appellant was in order and approval should be granted. On August 30, 1973 the Tribunal rejected all the applications for approval and these appeals have been filed in pursuance of a Special Leave granted by this Court.
2. Though reference was made to the repeated calls on behalf of th
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