JUDGMENT -R.J. KOCHAR, J.:---The petitioner company has challenged two orders passed by the Industrial Tribunal, Maharashtra at Thane, the first Award dated 23-4-1991 holding the company's domestic enquiry as vitiated and being in violation of principles of natural justice and the final Award passed by the Tribunal dated 22-4-1992 rejecting the company's approval application under section 33(2)(b) of the Industrial Disputes Act, 1947 praying for approval of its action of dismissal of the two workmen, who were held guilty by the company in its domestic enquiry of the misconduct of assault on the co-workers at the factory gate.

2.The history of the present petition relates back to the year 1980. I would enumerate only the relevant facts and events and I would avoid irrelevant events. At the outset I am called upon to decide whether the order dated 23-4-1991 passed by the Industrial Tribunal holding the domestic enquiry as vitiated, is legal and valid. If I come to a conclusion that the impugned order of the Tribunal suffers from any illegality, the petitioner company's approval application will have to be granted and in that case the respondents workmen would be at liberty to raise a

Click Here to Read the rest of this document