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ASSAM AND NAGALAND HIGH COURT
A.K. Srivastava, J
Management of Panitola Tea Estate – Appellant
Versus
Shri Samlall Kahara – Respondent
| Table of Content |
|---|
| 1. initial dismissal and application for approval. (Para 1 , 2 , 3) |
| 2. challenging the applicability of s.33(2) provisions. (Para 4 , 5 , 8) |
| 3. clear interpretation of legal terms and workman concern. (Para 6 , 7 , 10 , 12) |
| 4. confirmation of conciliation officer's role post-application. (Para 9 , 11) |
| 5. final verdict dismissal affirming prior discussions. (Para 13) |
1. By an order dated 27th December 1963 an application filed by the petitioner under S.33(2) of the Industrial Disputes Act (hereinafter called 'the Act') for approval of the order of dismissal passed by the petitioner against Shri Samlall Kahara, a workman, was refused by the Conciliation Officer (Labour Inspector), Tinsukia. Against this order the present petition has been filed by the Management of Panitola Tea Estate. On 13-1-1962 one Ghanashyam Das, a workman in the petitioner Tea Estate was dismissed. Conciliation proceedings started on the dismissal of Ghanashyam Das on the 13th June 1963. On the 13th September 1963 a tentative settlement was made under which Ghanashyam Das was reinstated on 10-10-1963. On the 30th October 1963 the memorandum of settlement was filed before the Conciliation Officer. In
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