2008 Supreme(Kar) 292

2008 (3) KLO 236 AC 208
IN THE HIGH COURT OF KARNATAKA
Subhash B.Adi, J.
Writ Petition No. 53933/2003 (L-TER)
G. Chandrashekar and Others - Petitioners
Vs.
The Management of Sunrise Industries - Respondent
Decided on 30-5-2008

Headnote:INDUSTRIAL DISPUTES ACT, 1947 - Sections 10(4A) & 33(2)(b): [Subhash B. Adi,J] Raising of dispute under Section 10(4A) pending application of Management under Section 33(2)(b) - Management withdrawing application - Tribunal passing of order under Section 10(4A) - Effect - Held, The Tribunal ought to have considered both the matters simultaneously and deferred the passing of the order under Section 10(4A) till the adjudication of an application under Section 33(2)(b) of the Act. Impugned order of Tribunal was quashed and matter remitted to Tribunal for fresh disposal with liberty for the Management to seek recall of order permitting withdrawal of Application under Section 33 (2)(b).