(1.) THE petitioner-Company, by this petition under Article 226 of the Constitution, seeks a writ of certiorari for quashing the order dated 14th September, 1970, passed by the Labour Court No. 1, Jabalpur, in Case No. 54 of 1968 under the Madhya Pradesh Industrial Relations Act.
(2.) THE facts of the case, in brief, are that a dispute regarding bonus was pending before the National Industrial Tribunal, Dhanbad. To this dispute the petitioner-Company and its workers were also parties along with other Companies and their workers. While the said dispute was pending, Girish Chand Shukla, a crane operator in the petitioner's Company at Kymore (respondent No. 2), entered in the Office of Shri Amritlal, a foreman, on 2nd June, 1968, at about 9 15 A. M., caught hold of his collar and abused him and threatened him that he would be killed. On the report of the said foreman, a departmental enquiry was instituted against the second respondent for the misconduct defined under Standing Order No. 12(1) (f) of the Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963. In the said enquiry the charge of misconduct was found to be proved. As an industrial dispute, referred to above, was pending before the National Tribunal, the second respondent was dismissed by order dated 3rd August 1968, but in terms of section 33 (2) (b) of the Industrial Disputes Act, 1947, he was granted one month's pay, and an application for approval of the action against the second respondent was also filed before the National Tribunal.
(3.) THE National Tribunal held that no evidence was led before it by the second respondent, nor any facts were established, to justify a finding of unfair labour practice or victimization. It also held that full opportunity was given to the second respondent and thus the enquiry was fair and that the charge of misconduct was proved. THE contention that the National Tribunal had no jurisdiction was also rejected. As a result, the National Tribunal accorded the approval sought and the second respondent stood dismissed. THE order was passed by the National Tribunal on 11th February, 1969. Even after the decision of the National Tribunal, the second respondent pressed his application under section 31 of the State Act. THE petitioner-Company, therefore, amended its written statement and raised a plea of res judicata. THE Labour Court, therefore, framed an additional issue to the effect-