NORTHERN INDI TEXTILES RESEARCH ASSOCIATION Vs. PRESIDING OFFICER

JUDGEMENT

(1.) HEARD Sri Navin Sinha, the learned senior counsel duly assisted by Sri Syed Ali Murtaza, the learned counsel for the petitioner and Sri y. K. Sinha, the learned counsel for the contesting respondent No. 2.

(2.) THE brief facts leading to the filing of the writ petition is, that the workman/ respondent no. 2 was charge sheeted on November 15, 1986 on various misconducts committed by him. An enquiry was made and, the management, by an order dated April 2, 1987, passed an order of dismissal to be made effective from April 27, 1987. The management issued a cheque dated April 24, 1987 for a sum of Rs. 3643/- with instructions to their bankers to credit the cheque, vis-a-vis the amount, in the account of the workman. It has come on record that the bank credited the amount of Rs. 3643/-in the account of the workman on the same date. Since another dispute was pending before the industrial Tribunal, the management, simultaneously moved an application under section 6-E (2) (b) of the UP. Industrial Disputes act (hereinafter referred to as the Act) for the approval of the action of dismissal before the industrial Tribunal.

(3.) THE workman, respondent No. 2 filed his objections before the Industrial Tribunal after almost two and half years on December 11, 1989 and, apart from other pleas, a plea was taken, that one month's wages, as contemplated under the provision of Section 6-E (2) (b) of the act, was not fully paid by the petitioner, and therefore, no approval of the action taken by the management should be granted.