SAMARESH BANERJEE, J.

( 1 ) IN the instant writ application, the petitioner has challegned Order No. 33 dated February 4, 1997 in Case No. 5/94 under Section 33 (2) of the Industrial Dispute Act passed by the learned Judge, Eighth Industrial Tribunal, West Bengal.

( 2 ) THE petitioner, a workman of the company, was dismissed from service on October 31, 1994 after holding a disciplinary proceeding.

( 3 ) ADMITTEDLY thereafter the company has applied before the Tribunal under Section 33 (2) of the Industrial Disputes Act for approval of such order.

( 4 ) IT is the contention of the petitioner that such application made by the Company is not maintainable, as proviso of the said Section was not complied with. It is the contention of the petitioner that he was not paid for one month before dismissal, but an amount was sought to be paid to him making a deduction therefrom.

( 5 ) BEFORE the Tribunal, the petitioner prayed that the question as to whether such application made by the petitioner is maintainable should be heard out first. Whereas, the company had applied before the Tribunal for hearing of the question as to whether the domestic enquiry was fair an proper as a preliminary

Click Here to Read the rest of this document