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1962 Supreme(Ker) 139

C.A.VAIDIALINGAM
Kanan Devan Hills Produce Co. , Ltd. – Appellant
Versus
Industrial Tribunal, Ernakulam – Respondent


Advocates:
In O. P. No. 2883 of 1961.
K.V.R. Shenoi, P.K. Kurian, G. Balagangadharan Nair and K. Sukumaran, for Petitioner, Govt. Pleader, for Respondent No. 1. M.M. Cheriyan, for Respondent No. 2.
In O. P. No. 2884 of 1961.
K.V.R. Shenoi, P.K. Kurian, G. Balagangadharan Nair and K. Sukumaran, for Petitioner; Govt. Pleader, for Respondent No. 1.
M.V. Joseph, for Respondent No. 2.

ORDER : In both these writ petitions, a common question of law arises as to the jurisdiction of the Industrial Tribunal, Ernakulam, to proceed with the hearing of applications, filed by the respective petitioners, under Section 33(2) (b) Proviso, of the Industrial Disputes Act.

2. In order to appreciate the contentions that have been urged by the learned counsel appearing on all sides, it is desirable to set out the circumstances under which these two writ petitions have been filed.

3. In O. P. No. 2883 of 1961 the order dated 12-7-1961 passed by the Industrial Tribunal, Ernakulam, Ext. P-1, in M. P. No. 77 of 1961 is challenged. There was an industrial dispute pending adjudication between the management therein and the workers, regarding bonus and that industrial dispute was registered as I. D. No. 68 of 1959. When that dispute was pending the management took disciplinary proceedings against the second respondent and by order dated 7-5-1960 dismissed her from service. By their application dated 16-5-1960, the management sought the approval or the Industrial Tribunal for the action taken by them as they were bound to do, under Section 33(2) (b), Proviso. That application is M. P. No.







































































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