MANAGEMENT OF NAVBHARAT, NAGPUR Vs. GHANASHYAM SAXENA, NAGPURR

JUDGEMENT

(1.) This petition by the petitioner-employer is directed against the order dated' 28-2-1976 passed by the Industrial Tribunal, Nagpur in application (I. T.) No. 102 Of 1972 in Ref. I. T, No, 21 of 1970.

(2.) The petitioner-employer filed an application on 17-4-1973 for permission under S. 33 (3), Industrial Disputes Act, 1947, read with R. 63, Industrial Disputes (Bombay) Rules 1957 (Form XVII) against its employee, a protected workman as the reference (I. T.) No. 21 of 1970 was then pending. This reference was decided on 25-3-1974. The respondent 1, its employee filed his reply to the said application and on merits opposed the application but raised an objection that as the reference in which the application is made was already disposed of and hence the Tribunal has no jurisdiction to decide, the application. It may be noted that in para 13 of his reply he has specifically submitted that "he has also raised a number of disputes of the working journalists before this Hon'ble Court and the Labour Court, Nagpur", and in para 15 of the reply he has submitted that "the opponent has taken up the grievances of the Employees and has written to a number of authorities expressing the anti-labour activities of Navbharat and their tendencies not to pay even legal dues and claims of the employees. The opponent was fighting the cause of the employees of the Navbharat and number of cases have succeeded against the Navbharat directing it to pay the dues of the employees".

(3.) As the question of jurisdiction goes to the root of the application, the Tribunal thought it necessary to decide as; preliminary issue before deciding the application on merits. Every employer has a right to punish the employee for misconduct under common law. However, this right is restricted in view of S. 33 (3), Industrial Disputes Act, 1947 , which reads as under: