SUDAMA CHAMAROO Vs. KAPOOR SILK MILLS

JUDGEMENT

(1.) This is a complaint by Sudama Chamaroo under S. 33A of the Industrial Disputes Act, complaining that the opponent company had dismissed him for alleged misconduct without paying wages for one month and without applying for the approval of the tribunal as required by the proviso to Clause (b) of Sub-section (2) of S. 33 of the Industrial Disputes Act. The complainant is concerned in a dispute regarding bonus payable to the workmen which is the subject of the pending reference before this tribunal. His contention is that by virtue of the above proviso the company on dismissing him was bound to pay him one month's wages and apply for the approval of the tribunal and as it has done neither of these things the provisions of S. 33 had been contravened by it. The misconduct alleged against him is that he refused to repair a wooden drum in spite of the orders of the superior officer. It is not disputed that the alleged misconduct is not connected with the industrial dispute pending before this tribunal.

(2.) At the hearing of the complaint a preliminary objection against the jurisdiction of this tribunal to entertain the complaint was urged by Sri Jahagirdar on behalf of the respondent company. The objection is that the company has no standing orders and as it employs about 50 workmen only the Industrial Employment (Standing Orders) Act, 1946, does not apply to it and it is under no obligation to frame standing orders and have them certified under that Act, and in the absence of any standing orders the company is not bound to obtain the approval of the tribunal of the complainant's dismissal.

(3.) The provisions for payment of one month's wages to the dismissed workmen and for obtaining the tribunal's approval of the company's action on dismissing him are contained in S. 33(2) of the Industrial Disputes Act which reads as under :-