FARIDABAD COMPLEX ADMINISTRATION Vs. MOR LAL AND ANR.

JUDGEMENT

(1.) THIS petition covers somewhat of a virgin legal field, in that, the question that falls for consideration herein is res integra. The proposition can be stated thus:

(2.) WHETHER the provisions of Section 33, Sub -section (2) Clause (b) of the Industrial Disputes Act (hereinafter referred to as the Act) covers a workman whose services are once dispensed with by the employer and regarding which an industrial, dispute is pending adjudication and the workman is re -employed by the very employer either on the same job or on a better job and then he is discharged from that second job for a misconduct unconnected with the industrial dispute in question.

(3.) BEFORE proceeding with the consideration of the legal question posed above, relevant provisions of Section 33 of the Act require to be noticed: