Law:

Section:

(a) Industrial Disputes Act (XIV of 1947), S. 33-Power of Tribunal to give or refuse permission to dismiss employee-Subject to judicial control. The question before an Industrial Tribunal dealing with an application under section 33 of the Industrial Disputes Act, 1947 for permission, to dismiss a workman, and thus to terminate the employer-emplyee relationship, the existence and continuation of which is the foundation and purpose of the. Industrial Tribunal's jurisdiction in the matter, cannot be dealt with by the Indus­trial Tribunal arbitrarily or without regard to principle., It is an act of quasi-judicial nature, Caltex case A I R 1957 S C 26, Martin Burn A I R 1958 S C 79 and L. D. Sugar Mills A I R 1957 S C 82 ref. (b) Industrial Disputes Act (XIV of 1947), S. 33-Application under section Mere participation in illegal strike-Whether in all circumstances a sufficient ground justifying exercise of discretion in employer's favour. A conclusion that a strike is illegal often turns upon consi­deration of a technical nature. In such a case mere participation cannot furnish a sufficient ground for destroying the basis, namely the employer-employee relationship, of the proceeding for settle­ment of the dispute before the Industrial Tribunal. It is true that participation in an illegal strike is a criminal act, punishable under the Industrial Disputes Act of which section 26 is relevant. Yet, if by such participation, a workman were to forfeit his right to continue in his employment, which thereupon becomes terminable, by way of punishment, at the will of the employer, subject only to the automatic grant of permission under section 33, the result would clearly be to frustrate the' entire proceedings before an Industrial Tribunal where the Industrial Tribunal was appointed, and the dispute between the employer and the employees had been referred to it in advance of the commencement of the strike. In such a case, despite the fact that the strike be illegal, the Industrial Tribunal is still continuing his inquiry into the dispute, and it will be impossible to hold that the continuation of these proceedings is to be regarded as dependent upon a unilateral act on the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492