1959 Supreme(Bom) 107
H.K.CHAINANI, V.S.DESAI
The Premier Automobiles Ltd. – Appellant
Versus
Ramchandra Bhimayya and Anr – Respondent
JUDGMENT - (1) The petitioner is a company registered under the Indian Companies Act. Respondent No. 1 was employed by the petitioner as a fitter in its repair workshop. There was a dispute between the company and its workmen in regard to bonus for 1956-57. This was referred for adjudication to the second Respondent under section 10(2) of the Industrial Disputes Act, 1947. During the pendency of the proceedings before the Tribunal, the first respondent was dismissed by the petitioner on 10th October 1958. The charge against him was that he had thrown stones at the staff Managers car on 5th May 1958. On 19th November 1958 the petitioner made an application to the second Respondent for granting its approval to the action taken by it under Section 33(2) of the Act. The Tribunal took the view that the application should have been made before the first respondent was dismissed. As the application was made after the order of dismissal ad been passed, the Tribunal refused to grant its approval to the action taken by the petitioner against the first respondent and rejected the application made by the petitioner. This order made by the Tribunal is being challenged before us in the present p
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