Judgment

K. JAGANNATHA SHETTY, J.- Special leave is granted.

2. This appeal from an order of the Patna High Court raises an important question as to the scope of Section 33-B of the Industrial Disputes Act, 1947 (the Act).

3. The facts can be quite shortly stated: The appellant-company is mainly engaged in construction of coal washeries on contract basis in different collieries and also doing allied and incidental work. Shivaji Prasad Sinha - respondent 4 was a Senior Supervisor in the companys establishment at Dhanbad. It is said that he was caught red-handed when carrying 55 pieces of electromagnetic clutch plates kept concealed in the tool box of his scooter. The management held domestic enquiry into the incident and found him guilty of committing theft. He was accordingly dismissed from service. The dispute arising therefrom was referred under Section 10(l)(c) of the Act to Labour Court, Dhanbad for adjudication. The Labour Court registered the case as Reference Case No. 4 of 1988and issued notice to the parties. The parties entered appearance and filed their respective pleadings. When the matter was thus pending consideration the respondent seems to have written to the governmen