VIJAY KRUSHNARAO PAWAR Vs. LOKMAT MEDIA PRIVATE LIMITED

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel appearing for the parties.

(2.) The petitioners (7 journalists and 17 non- journalists), who were working on the establishment of the respondent were on 21/11/2013 dismissed from service without charge-sheet and enquiry. At the relevant time, the industrial disputes were pending between the parties before the Industrial Tribunal at Nagpur and, therefore, the respondent - employer moved application under Sec. 33(2)(b) of the Industrial Disputes Act, 1947 (for short 'the Act of 1947'). The respondent examined 118 witnesses to substantiate order of dismissal against petitioners (24 in numbers). The petitioners had examined themselves in support of their objection to grant approval for dismissal.

(3.) On 7/4/2017, the respondent moved an application for permission to withdraw the application filed by it under Sec. 33(2)(b) of the Act of 1947. The petitioners opposed the application. On 17/4/2017, the Industrial Tribunal permitted respondent to withdraw the application. This was followed by petitioners filing complaint under Sec. 33A of the Act of 1947, the Industrial Court granting reinstatement and in alternative payment of 75% monthly wages, challenge to this order by both the petitioners and respondent, request made by the respondent for revival/restoration application filed under Sec. 33(2)(b), rejection by Industrial Court of the request so made by the respondent etc.