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1952 Supreme(Bom) 61

CHAGLA, GAJENDRAGADKAR
Batuk K. Vyas – Appellant
Versus
Surat Borough Municipality – Respondent


Advocates:
N.V. Phadke, with M.V. Paranjape, for Petitioner; M.P. Amin, Advocate General, with Little and Co. (for No.1); M.W. Pradhan (for No.2), I.C. Bhatt and K.D. Desai (for No.3), for Opponents.

Judgement

CHAGLA, C.J.: - This is a petition by a dismissed employee of the Surat Municipal Borough complaining that the decision given by the Industrial Tribunal and the Labour Appellate Tribunal was without jurisdiction and asking us to set right that decision by a prerogative writ. The facts briefly are that the petitioner joined the Surat Municipal Borough on November 4, 1949. There was a dispute between the Municipality and its workmen which was referred to the Industrial Tribunal on May 15, 1950. While that dispute was pending before the Tribunal, the Surat Municipal Borough dismissed the petitioner. An application was made by the petitioner under S.33A to the Tribunal complaining against his dismissal by the Surat Municipal Borough. The Tribunal came to the conclusion that the Surat Municipal Borough was justified in terminating the services of the petitioner. There was an appeal to the Labour Appellate Tribunal and the Labour Appellate Tribunal upheld the decision of the Industrial Tribunal.

2. A very able argument has been advanced before us by Mr. Phadke as to the scope and extent of the inquiry contemplated by S.33A before the Labour Appellate Tribunal. Section 33 of the A























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