BISWANATH DAS Vs. RAMESH CHANDRA PATNAIK

JUDGEMENT

(1.) THE second appeal is by the defendants against a reversing decree.

(2.) THE plaintiff was an employee of the Samaj office an industrial establishment, owned and managed by the defendants. In a disciplinary proceeding started against him he was suspended from service on 9-4-69 and after an exparte enquiry he was found guilty of the charge and dismissed from service by order dated 4-7-69. The plaintiff having raised an industrial dispute, a conciliation proceeding under 12 of the Industrial Disputes Act was initiated and it ended in failure (vide Ext. A ). He brought the suit on 14-11-69 for a declaration that the termination of his service was null and void and that he continued to be in service despite the order of dismissal and was entitled to the emoluments for the period subsequent to the date of dismissal. On 5-3-70 the State Government, on a consideration of the report of the conciliation officer, decided not to refer the dispute for adjudication by the Industrial Tribunal.

(3.) THE defendants filed written statement contending that the civil Court has no jurisdiction to entertain the suit, that the plaintiff having pursued his remedies under the provisions of the Industrial Disputes Act he has no right to approach the civil Court for redress, that the penalty of dismissal was inflicted after due service of notice and that the plaintiff avoided to participate in the enquiry.