AIR 1975 SUPREME COURT 2025 ::1975 LAB. I. C. 1455 ::1975 U J (SC) 590 ::31 FacLR 173 ::1975 2 LabLJ 352 ::1976 (1) SCR 119 ::1976 3 SCC 71 ::ILR 1976 Kant 1455

Supreme Court Of India

(From: Labour Court Poona)*

Hon'ble Judge(s): A. Alagiriswami, P. K. Goswami, N. L. Untwalia , JJJ

(A) Industrial Disputes Act (14 of 1947) , Sch.II Item.3— Dismissal of work- man as a result of domestic inquiry - Charge of Suspected dishonesty in connection with company's property - On basis of facts held that charge was one of attempt to steal company's property - Workman being watchman, charge was serious one and, if held proved, he deserved dismissal . (Para 4) @page-SC2026(B) Industrial Disputes Act (14 of 1947) , S.10, S.2A— Reference of dispute under S. 10 read with Section 2A - Facts giving rise to dispute falling under Section 2A arising before section came into force - Validity of reference. AIR 1970 Mys 171, Overruled. The only relevant factor for consideration in making a reference under Section10 is whether an industrial dispute exists or is apprehended. Where on the day the reference under Section 10 read with Section 2A was made an industrial dispute as defined under Section 2A did exist, the fact that the facts giving rise to the dispute, falling under Section 2A arose before that section came into force would not make the reference invalid. There is no question of giving retrospective effect to Section 2A. Section 2A is a definition section and when it uses the words "where any employer discharges, dismisses, retre....