HOTEL MANSINGH Vs. JUDGE INDUSTRIAL TRIBUNAL AND ANR

JUDGEMENT

(1.) The question referred to the Full Bench is whether the provisions of Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') have no application in the proceedings of a pending writ petition filed by the Management arising out of an order passed by an Industrial Fora rejecting the application of the employer under Section 33(2)(b) of the Act.

(2.) Currently there is a Division Bench judgment of this Court reported as (2009) 2 LLN 361, Karan Singh Vs. Authorised Disciplinary Authority, RSRTC, where the view taken is that Section 17B of the Act would apply.

(3.) We find that there is a divergence of opinion amongst various High Courts on this issue.