Sujir Ganesh Nayak vs Lakshmanan and Others

Raman Nayar, J.—We think that the order of the tribunal withholding permission for the dismissal of the workmen concerned u/s 33(1)(b) of the Industrial Disputes Act, 1947 can be supported on the short ground-not taken, we must add, before the tribunal or before the learned Single Judge from whose order this appeal has been brought-that the very disciplinary action culminating in the dismissal was one of the disputes referred to it for adjudication. Not merely would a decision on the merits of the dismissal be in some measure a prejudging of the issue, but the continuance of the disciplinary proceedings and its termination in punishment might tend to defeat one of the principal objects of the section 33, namely, that "proceedings in connection with industrial disputes already pending should be brought to a determination in a peaceful atmosphere and that no employer should during the pendency of those proceedings take any action of the kind mentioned in the section which may give rise to fresh disputes likely to further exacerbate the already strained relation between the employer and the workmen"- see The Automobile Products of India Ltd. Vs. Rukmaji Bala and Others, . We are not expressing any opinion on the question whether in a case like this where the disciplinary proceedings is the very dispute pending adjudication before the tribunal the employer ceases to have jurisdiction to proceed with the inquiry the matter has not been put in that way at any stage of the case but we do not think that this is a case where it can be said that the tribunal erred in withholding permission whatever might be said of the reasons it gave for doing so. In this view of the matter we think it unnecessary to express any opinion on the three grounds on which the tribunal dismissed the application; namely, victimization, violation of the principles of natural justice, and want of a prima facie case, and we express none. We have no doubt that the tribunal will proceed with the adjudication we trust with as much expedition as is possible-entirely uninfluenced by anything that has been said on the present matter.

We dismiss the appeal. In the circumstances we make no order as to costs.