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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 2523 OF 2006

M/s. States People Pvt. Ltd

a company incorporated under the

Companies Act, 1956 having its

registered office at Janmabhoomi

Bhavan, Janmabhoomi Marg,

Fort, Mumbai- 400 001

….Petitioner

V/s.

1). Gangaram Rajayya

having his address at

Ekta Chawl Cemetry,

Gautam Nagar, Akurli Road,

Kandivali (East),

Mumbai- 400 078.

2).

Presiding Officer,

Industrial Tribunal, having its

Court at New Administrative

Building, Ground Floor,

Bandra (E), Mumbai-400 051

…..Respondents

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ALONGWITH

WRIT PETITION NO. 2563 OF 2006

M/s. States People Pvt. Ltd

a company incorporated under the

Companies Act, 1956 having its

registered office at Janmabhoomi

Bhavan, Janmabhoomi Marg,

Fort, Mumbai- 400 001

….Petitioner

V/s.

1). Ram Shiromani Mishra

having his address at

Prakash Nagar, Vipatram Chawl,

Room no.5, Tulsipada, Link

Road, Bhandup (West)

Mumbai- 400 078

2).

Presiding Officer,

Industrial Tribunal, having its

Court at New Administrative

Building, Ground Floor,

Bandra (East), Mumbai-400 051

…..Respondents

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ALONGWITH

WRIT PETITION NO. 2557 OF 2006

M/s. States People Pvt. Ltd

a company incorporated under the

Companies Act, 1956 having its

registered office at Janmabhoomi

Bhavan, Janmabhoomi Marg,

Fort, Mumbai- 400 001

….Petitioner

V/s.

1). Dhiraj Mohan Patel

having his address at

Ardesher Dadi Cross Lane

C.P. Tank, Pathak Building,

Room no.11, Ground Floor,

Mumbai-400 004.

2).

Presiding Officer,

Industrial Tribunal, having its

Court at New Administrative

Building, Ground Floor,

Bandra (E), Mumbai-400 051

…..Respondents

ALONGWITH

WRIT PETITION NO. 2558 OF 2006

M/s. States People Pvt. Ltd

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a company incorporated under the

Companies Act, 1956 having its

registered office at Janmabhoomi

Bhavan, Janmabhoomi Marg,

Fort, Mumbai- 400 001

….Petitioner

V/s.

1). V.R. Singh, having his address

at D/4, NCM Colony, Krishna Nagar,

Borivali (East), Mumbai-400 066.

2).

Presiding Officer,

Industrial Tribunal, having its

Court at New Administrative

Building, Ground Floor,

Bandra (E), Mumbai-400 051

…..Respondents

ALONGWITH

WRIT PETITION NO. 2559 OF 2006

M/s. States People Pvt. Ltd

a company incorporated under the

Companies Act, 1956 having its

registered office at Janmabhoomi

Bhavan, Janmabhoomi Marg,

Fort, Mumbai- 400 001

….Petitioner

V/s.

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1). Shri. Ram Kumar Singh

having his address at

Mulrakh Chawl, Hemu Colony,

Main Road, Irani Wadi,

Kandivali (West),

Mumbai-400 067.

2).

Presiding Officer,

Industrial Tribunal, having its

Court at New Administrative

Building, Ground Floor,

Bandra (E), Mumbai-400 051

…..Respondents

* * * * *

Mr. R.S. Pai a/w. Mr. T.R. Yadav, Advocate for the petitioner.

Mr. Arshad Shaikh a/w. Mr. Netaji Gawade a/w. Mr. Nishant Vyas

i/by. Sanjay Udeshi & Co., Advocate for the respondents.

CORAM :- SMT. R.P. SONDURBALDOTA, J.

JUDG. RESERVED ON :- 13TH NOVEMBER, 2014.

JUDG. PRONOUNCED ON :- 12TH JANUARY, 2015.

JUDGMENT :-

1).

The above five petitions, filed by the employer, give rise to

following common questions of law :-

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(i)

What is the scope of the enquiry to be undertaken

under Section 33(2) (b) of the Industrial Disputes Act

(“I.D. Act” for short), for grant of approval for dismissal

of an employee?

(ii) What are the constituents of the wages payable under

the proviso to Section 33(2) (b) of the Industrial Disputes

Act?

(iii) Whether the employer is liable to pay under the

proviso to Section 33(2)(b) of the I.D. Act, the entire

arrears of wages, if any, due ?

2).

The facts required to be stated for answering the above

questions are that, the petitioner had filed applications under Section

33(2)(b) of the Industrial Disputes Act (I.D. Act for short), agai