LAWS(SC)-1999-11-65

RAM LAKHAN Vs. PRESIDING OFFICER

Decided On November 17, 1999
RAM LAKHAN Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) Leave granted in all the Special Leave Petitions.

(2.) The appellants were the employees of the Swatantra Bharat Mill against whom charge-sheets were issued in the year 1986 and they were subsequently suspended.

(3.) Since an industrial dispute was already pending before the Industrial Tribunal vide Delhi Administration Notification No. F-24(798)/94-Lab dated 1-4-86, an application was filed by the Management under S. 33(1) of the Industrial Disputes Act, 1947 for permission to dismiss the employees on completion of enquiry. This application was opposed by the appellants who filed objections and claimed that they were entitled to be paid Subsistence Allowance during the pendency of the disciplinary proceedings for the period of suspension. On this, the Tribunal framed the following preliminary issue:-