NATARAJAN T Vs. INDIAN OXYGEN LIMITED

JUDGEMENT

(1.) The appellant-workman who was employed as a carpenter for about thirty six years with the first respondent, was served with a charge-sheet on 17/06/1983 for the misconduct of wilful insubordination and disobedience to carry out the orders of the superiors and for idling and wasting time during working hours. The appellant's explanation that he was entitled to a helper and the employer's refusal to provide him with one, justified his disobedience to carry out the work assigned to him, was rejected by the enquiry officer, who found that the employee had been doing work without the helper and that the work that had been assigned to him, did not, in fact, require the assistance of a helper.

(2.) Based on the report of the enquiry officer, who found that misconduct to be proved, the employer wrote to the appellant on 20/07/1984 expressing its intention to dismiss him from service. On the same day a petition was filed by the employer before the Industrial Tribunal under Section 33(3) of the Industrial Disputes Act, 1947, seeking permission to dismiss the appellant as he was at that time an office-bearer of the union and thus, a protected workman under Section 33(3) of the Act. That application had become necessary by reason of the fact that there was an industrial dispute pending between the management and the workman at that time.

(3.) While that petition was pending, the appellant ceased to be a protected workman on his having ceased to be an office-bearer of the union. The respondent, on being informed by the union of that fact, applied to the Tribunal to withdraw the application that it had filed for permission to dismiss, dismissed the workman, and filed an application under Section 33(2)(b) for approval of the dismissal.