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1989 Supreme(Ori) 355

S.C.MOHAPATRA, R.C.PATNAIK
CHHATIA WEAVING MILLS – Appellant
Versus
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL – Respondent


Advocates Appeared:
J.N. Tripathy, S.N. Misra and Indira Tripathy, for the Appellant; A.K. Bose and P.K. Giri for Respondents No. 3 to 7, for the Respondent

JUDGMENT :

R.C. Patnaik, J. - In this writ application, the employer has assailed the awards of the Industrial Tribunal in I.D. Misc. Case Nos. 6/86 and 16/86 declaring the termination of the services of opposite parties 3 to 7 as invalid declining to grant approval u/s 33(2)(b) of the Industrial Disputes Act (for short, "the Act") and declaring that the workmen would be deemed to be continuing in employment without interruption and entitled to wages and other service benefits.

2. On allegation that the opposite parties 3 to 7 assaulted Shri Ramakanta Banu, Supervisor, while he was proceeding to report to duty, they were dismissed from service with effect from August 1, 1986. The workmen filed an application u/s 33A of the Act against the management for contravention of the mandatory provisions contained in Section 33(2)(b) of the Act as the management had not sought approval from the Tribunal prior to the dismissal. The application was registered as I.D. Misc. Case No. 6 of 1986. An application filed by the management u/s 33(2)(b) was registered I.D. Misc. Case No. 16 of 1986. The workmen had alleged that the punishment of dismissal had been imposed without a disciplinary proceeding
















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