SATYABRATA GOSWAMI Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL DIBRUGARH

JUDGEMENT

(1.) The material facts giving rise to this writ petition may, in brief, be set out as follows:-

(2.) Is it permissible, under the law, for the Management to dismiss or discharge its employee for misconduct during the pendency of an industrial dispute without having obtained approval from the authority before whom the proceeding in respect of an industrial dispute, involving the workman, is pending ? When the authority, before whom an industrial dispute is pending for adjudication, finds that without obtaining its permission or approval, a workman has been dismissed from service during pendency of the proceedings of the industrial dispute involving the workman, would such a finding amount to rendering the order of dismissal inoperative and non est in law or notwithstanding a finding that the Management has dismissed the employee during the pendency of the industrial dispute, whether it is still open to the authority, before whom the industrial dispute is pending for adjudication, to decide the workman's dismissal on merit.

(3.) I have heard Mr. G. N. Sahewalla, learned Senior Counsel, appearing on behalf of the petitioner-employee, and Mr. P. J. Saikia, learned counsel for the employer-respondent. I have also heard Mr. J. Roy, learned counsel, who has appeared as Amicus Curiae in this writ petition.