ZIAKH Vs. FIRESTONE TYRE AND RUBBER COMPANY

JUDGEMENT

(1.) THIS is a petition for a writ of certiorari against the second respondent, the Labour Appellate Tribunal of India, in a matter decided by it and relating to the dismissal of the petitioner by the first respondent.

(2.) THE petitioner's case is that; he has been an employee of the first respondents for nine years. In respect of certain disputes between their employees and the first respondents an appeal was pending before the Labour Appellate Tribunal, the second respondent. Pending that appeal the first respondents decided to dissmiss the petitioner. As there was the appeal pending in respect of an industrial dispute the first respondents were under Section 22 of the Industrial Disputes (Appellate Tribunal) Act bound to apply to the second respondent for permission to dismiss the petitioner. They preferred such an application to the second respondent, and the second respondent granted the permission asked for. It is against that order of the second respondent that this petition has been preferred.

(3.) THE ground on which the order of dismissal was sought to be made was that the petitioner had deliberately slowed down production. The allegation was that the petitioner was on that ground guilty of misconduct and, therefore, liable to be dismissed. An inquiry was held by the first respondents and a chargesheet was prepared. The petitioner appeared before the first respondents and the entire proceedings which consisted of questions and answers are annexed to the petition as Ex. B. As I have already stated at the end of one inquiry the first respondents decided to dismiss the petitioner and applied for sanction under Section 22 of the Industrial Disputes (Appellate Tribunal) Act.