BOMBAY PRAKASH BHAVAN Vs. P K NARAYANAN

JUDGEMENT

(1.) The legality of an order passed by the Central Industrial Tribunal on an application under Section 23 of the Industrial Disputes (Appellate Tribunal) Act, 1950, is the subject-matter of this petition for the issue of writ of certiorari.

(2.) The petitioner here is the management of a hotel in Madras. The first respondent was a clearner employed in this establishment. There had been some disputes between the workmen and the management previous to the incidents which led to this application under Section 23 and they were pending before the Labour Appellate Tribunal. During the pendency of this dispute, the management found that the workman, the first respondent here, was guilty of an act of misconduct. He was given notice of the details of this misconduct charged against him on 29th July, 1955 and was placed under suspension pending the enquiry into this charge. The enquiry was actually held on 2nd August, 1955. The result of the enquiry was that the management held that the worker was guilty of the misconduct charged. Thereupon they endorsed on the notes of the enquiry:

(3.) It appears to be clearly proved from the documents as well as the pleadings before the Industrial Tribunal that the management orally informed the worker that he would be Rept under suspension and would not be paid his wages till the disposal of the matter by the Labour Appellate Tribunal. The management thereafter filed an application seeking permission from the Tribunal for the dismissal of the worker under Section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950. The worker in his turn filed an application under Section 23 charging the management with a violation of the terms under Section 22. Both these applications were transferred by the Labour Appellate Tribunal to the Central Industrial Tribunal which disposed of these applications.