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1968 Supreme(Guj) 42

P.N.BHAGWATI, D.A.DESAI, N.K.VAKIL
TESTEELS LIMITED – Appellant
Versus
N. M. DESAI – Respondent


Advocates Appeared: G.M.VIDYARTHI, K.S.NANAVATI

P. N. BHAGWATI, J.

( 1 ) THIS Reference raises a very important question in the field of administrative law. The question is whether an administrative officer discharging quasi-judicial functions is bound to give reasons in support of the order he makes. Is it required of him that he should make a speaking older ? The question arises in reference to an order made by the conciliation officer under sec. 33 (2) (b) of the Industrial Disputes Act 1947 A conciliation proceeding vas pending before the conciliation officer in regard to an industrial dispute between the petitioner and its workmen. During the pendency of the conciliation proceeding the petitioner discharged the second respondent who was one of the workmen employed in the factory of the petitioner after following the procedure prescribed by the Standing Orders. The discharge was for misconduct not connected with the industrial dispute pending before the concilation officer and it was therefore necessary for the petitioner under the proviso to sec. 33 (2) (b) to make an application to the conciliation officer for approval of the action taken by it. The petitioner accordingly made an application to the conciliation officer for
















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