CENTRAL BANK OF INDIA Vs. PRAKASH CHAND JAIN

JUDGEMENT

(1.) The Central Bank of India, Ltd., New Delhi, has filed this appeal, by special leave, challenging an order of the Industrial Tribunal, Delhi, refusing to accord approval to an order of dismissal of the respondent, Prakash Chand Jain, underSection33 (2) (b) of the Industrial Disputes Act (hereinafter referred to as "the Act"). A charge-sheet, containing two charges, was served on the respondent on 21st July, 1961 in order to initiate formally an enquiry for the purpose of taking disciplinary action against him. The two charges framed were as follows:-

(2.) Learned Counsel appearing for the appellant Bank urged that the Tribunal, in refusing to accord approval and in disregarding the findings recorded by the Enquiry Officer, exceeded its jurisdiction conferred bySection33 (2) (b) of the Act. It was further urged that, when the Tribunal found that the enquiry was fair, the Tribunal had no jurisdiction to go into the question whether the findings of fact recorded by the Enquiry Officer were correct and could not sit in judgment over those findings like a Court of Appeal. The Tribunal should have accepted those findings and only examined whether a prima facie case was made out for according an approval. If the Tribunal had proceeded in accordance with this principle, there would have been no justification for the Tribunal to refuse to approve the order of dismissal.

(3.) The jurisdiction and functions of a Tribunal underSection33 (2) (b) of the Act were explained by this Court in Bangalore Woollen, Cotton and Silk Mills Co. Ltd. v. Dasappa (B) (Binny Mills Labour Union), 1960-2 Lab LJ 39 = (AIR 1960 SC 1352) where it was held:-