IDEAL JAWA INDIA PVT LTD Vs. T RAMU

JUDGEMENT

(1.) WHETHER the Labour Court, on an application under S. 33c (2) of the Industrial Disputes act, can direct the payment of subsistence allowance to an industrial workman, who had been placed under suspension pending enquiry by the management as provided in the standing orders, who was finally dismissed from service pursuant to such enquiry, for the period of suspension, in the absence of any specific provision in that behalf in the certified standing orders of the concerned industrial establishment, in enforcement of amendment made by the Government to the model standing orders, is the question that arises for consideration in these four writ petitions.

(2.) THESE four writ petitions are connected matters. In the first two writ petitions, the management of Ideal Jawa (India) (Private), ltd. , an industrial establishment situate in mysore, has prayed for quashing the order of the Labour Court, Bangalore, dated 29 March 1975 (exhibit A), under which the Labour court has directed payment of half wages to respondent 1 in these two writ petitions during period of their suspension pending enquiry as a result of which they were dismissed from service. Respondent 1 in these two writ petitions have presented Writ Petitions Nos. 4425 and 4426 of 1975, praying for quashing the same order of the Labour Court on the ground that denial of full wages during the period of suspension is contrary to law. Common questions of fact and law arise for consideration in the above four writ petitions. Hence they are being disposed of by this common order. For the like of convenience, the facts and position of the parties in Writ petitions Nos. 1978 and 1979 of 1975, are referred to in this order.

(3.) RESPONDENT 1 in the two writ petitions were workmen of Ideal Jawa (India) (Private), ltd. , an industrial establishment situate in mysore. They were placed under suspension pending enquiry against certain charges. In the domestic enquiry the enquiry officer found them guilty of the charges framed against them. Immediately thereafter the management filed an application under Sub-sec. (3) of S. 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), seeking express permission of the Industrial Tribunal, mysore, to dismiss them from service, as an industrial dispute was pending between the workmen and the management. By an order, dated 9 August 1972 (exhibit C), the industrial Tribunal came to the conclusion that the domestic enquiry held by the management in respect of respondent 1 in Writ Petition no. 1978 of 1975, was valid, but rejected the application of the management on a technical ground that the management had not recorded its agreement with the finding recorded by the enquiry officer and had not taken a formal decision to dismiss respondent 1 from service. The relevant portion of the order of the industrial Tribunal reads as follows: