9911796707
TMI Blog1972 (3) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... In the meanwhile, the appellant, on the basis of certain allegations of misconduct against the workmen, took disciplinary proceedings and ultimately passed orders of dismissal. The workmen concerned, filed applications before the Tribunal, under S. 33A of the Industrial Disputes Act, (hereinafter to be referred to as the Act) on the ground that the appellant has committed that the appellant has committed a breach of the provisions of Section 33 of the Act inasmuch as the orders of dismissal have been passed in violation of the said, provisions. On January 31, 1967, the workmen filed applications before the Tribunal for directing the appellant to pay them full wages during the pendency of the adjudication of their complaints filed under S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of fact, his clients had no knowledge of the filing of the applications dated November 28, 1967. According to the learned counsel, the appellant's representative because aware of these applications only on December 15, 1967, whens he appeared before the Tribunal in connection with the main dispute, namely, Reference No. 11 of 1967 which was posted on that day. On coming to know then that the applications for interim payments were being taken up, a request was made to the Tribunal for adjourning the matters to enable the appellant to file its objections to the grant of the relief claimed by the workmen. It is the contention of the learned counsel that this request, which is a very reasonable one, was refused by the Tribunal and the Int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uested the Tribunal to give suitable directions to safeguard the interests of the appellant for recovery of any amount that may be directed to be paid in case the applications of the workmen are dismissed. Mr. Nag, learned counsel for the respondents, on the other hand, referred us to the averments made by his clients in the counter-affidavit filed in this Court when opposing the applications for stay made by the appellant. The learned counsel also pointed out that in the counter-affidavit, it has been clearly stated that copies of the petitions filed by the workmen were given to the representative of the appellant on December 4, 1967 and time was taken for filing objections and that it was on that basis that the proceedings stood adjourne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , when the endorsements in the Order-sheet are under serious challenge. For instance, we may point out that on December 4, 1967, according to the Order-sheet parties were present and that the copies of the petition dated November 28, 1967 filed by the workmen were given to the Management. Again, on December 15, 1967, it is seen that the workmen were represented by Shri J. Krishna and R. S. Sinha, and that the opposite party (the appellant before us) was represented by Shri P. K. Sharma and Shri C. B. Tewary. The further endorsement on December 15, 1967 is to the effect that the complaints filed on November 28, 1967 were taken up and that the representative of the workmen was heard and that a request for adjournment was made by the represent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s why, we say that if we have to consider, the claim made on behalf of the appellant, a fuller and more detailed investigation will have to be made. If such an investigation is to be made, we have to call for a report from the Tribunal regarding the statements contained in the Order-sheet on the relevant dates as well as its comments regarding the allegations made in the Special Leave Petitions as also in the affidavit of the Works-Manager of the appellant. If ultimately we are satisfied that the Interim Awards have been made without hearing the appellant, the result will be that we will have to remand the claim for interim relief to the Tribunal for fresh consideration. This naturally will result in considerable delay in the Tribunal adjud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the question whether in cases where the workmen have been dismissed by an employer and that dismissal forms the subject of a complaint or dispute, the Tribunal can properly give a direction regarding the payment of wages in part or in whole pending adjudication of the main complaint or dispute. Even assuming that it has got jurisdiction to give such directions, whether the Tribunal should not take into account all circumstances including the manner in which the interest of the employer has to be safeguarded, in case the Tribunal ultimately finds that the action of the employer is justified. The appellant will deposit before the Tribunal the amounts as directed by it on or before the 10th of every month and the workmen will draw the same on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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