METTUR INDUSTRIES Vs. A R VARMA

JUDGEMENT

(1.) THE Mettur Industries Ltd. is the petitioner. The first respondent, A. R. Varma, was employed in the petitioner's mills in Mettur Dam as a Weaving production clerk. On 28-11-1956 the petitioner dismissed the first respondent on the charge that he had been found sleeping on three occasions while on duty on the night of 22nd November 1956. During the enquiry held against him the first respondent nanded over to the enquiring 'officer a letter a copy of which is Ex. A to which reference will be made presently. At the lime the order of dismissal was passed, an industrial dispute between the workmen and the management of the petitioner was pending. So the petitioner filed an application under Section 33 (2) of the industrial Disputes Act before the Labour court for the approval of the action which the petitioner had taken. The first respondent Varma also filed a complaint under Section 33-A of the industrial Disputes Act alleging that the petitioner had contravened the provisions of Section 33 of the Act. The Labour court heard both the petitions together in an award dated 13-3-1957 held that the dismissal of "the first respondent was unjustified and that he should be reinstated with full back pay and continuity of service. Against this award of the Labour court the petitioner applied for special leave to appeal to the Supreme Court. That application was dismissed on 24-5-1957. The petitioner, therefore, had no option but to comply with the award which had been made on 13-3-1957. The first respondent was therefore reinstated on 13-7-1957.

(2.) THE management, however, felt that the continuance in service of Varma who had sent a letter of the kind he had, would be prejudicial to the interests of the concern, and, exercising the powers they had under Standing Order 18 (a) of the standing Orders of the mill, they terminated the services of Varma. An industrial dispute was raised about this which the Government by an order dated 24-9-1957, referred to the Labour Court Coimbatore for disposal. The question referred was,

(3.) THIS petition has been filed for the issue of an appropriate writ to quash this order of the Labour Court.