AIR 1962 CALCUTTA 123 ::(1962) 1 LabLJ 75 ::(1962 - 63) 22 FJR 226

Calcutta High Court

Hon'ble Judge(s): D. N. Sinha , J

Industrial Disputes Act (14 of 1947) , S.33(2)(b) Proviso, S.33(5)— Dismissal of workman pending dispute - Application for approval when to be made - Application out of time - Application if necessarily to be dismissed - Duty of Tribunal to go into merits. The discharge or dismissal of workmen for any misconduct not connected with the dispute, pending reference, can be validly effected under S.33 (2) (b) provided two conditions are satisfied. One is that the workmen have been paid wages for one month, and an application is made simultaneously by the employer to the authority before whom the dispute is pending, for approval of the action taken. The word "simultaneously" must of course be taken reasonably and a split-second timing is not to be imported into it. The action should be done at once and without any delay. If the employer waits for one month without reason, the action cannot be said to be simultaneous, by any stretch of imagination. The application must be made quickly and without a time-lag. What should be the time-lag between the discharge or dismissal and the making of the application depends on the facts of each case.(Para 6) Where the application for approval of the action taken has been made beyond time, the Tribunal acts erroneously in dismissing the application without going into the merits of the matter other ....