AIR INDIA LIMITED Vs. UINION OF INDIA

JUDGEMENT

(1.) In this writ application an employer has challenged an order dated May 18, 1999 issued by the appropriate Government thereby referring a dispute to the Central Government Industrial Tribunal in terms of Section 10(1) of the Industrial Disputes Act (hereinafter referred as the said Act).

(2.) There is no dispute that the private-respondent/employee was dismissed from service on November 3, 1981 during the pendency of an industrial dispute as a result, such dismissal required post approval in terms of Section 33(2)(b) of the said Act. Accordingly, the employer filed appropriate application before the National Tribunal seeking approval for such dismissal. The said proceeding under Section 33(2)(b) of the said Act was pending till November 1, 1999 when ultimately, the National Tribunal has approved such dismissal.

(3.) During the pendency of the proceeding before the National Tribunal under Section 33(2)(b) of the said Act, the private-respondent approached the Conciliation Officer under the Industrial Disputes Act in the year 1997. Ultimately the appropriate Government has referred the dispute to the Central Government Industrial Tribunal on May 18, 1999 for determination whether the termination of service of the private-respondent was justified. As mentioned earlier such reference is the subject-matter of the instant writ application.