JUDGMENT - ASHOK AGARWAL, J.:---An order, passed on the 11th of January, 1989, by the Presiding Officer of the National Industrial Tribunal, Bombay under section 10(1)(c) read with section 12(5) of the Industrial Disputes Act (hereinafter, for the sake of brevity, referred to as the Act) refusing to make a reference, is impugned in the present petition.

2. The petitioner joined the service of Air India, the third respondent herein, with effect from the 10th of March, 1987 as an Assistant Flight Purser. An incident took place on the 5th of January, 1980 while the petitioner was on duty on a flight proceeding from Bombay to London via Quwait. It is alleged that the petitioner molested a minor girl Miss. Jain, a passenger on the flight. On the 5th of February, 1980 a chargesheet was submitted against the petitioner. On 8th of October, 1980 an order of dismissal from service was passed against the petitioner. On the very day the third respondent filed an application under section 33(2)(b) of the Act for grant of approval to the order of dismissal. On 24th May, 1984 the approval was granted. In the meantime the petitioner filed a departmental appeal which also was dismissed on the 3rd of

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