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TMI Blog1972 (3) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... heet against him in respect of certain acts of misconduct, gross negligence of duty, insubordination etc. on May 13, 1965. An enquiry in respect thereof was held on May 15th after receipt of written statement from Nathu. Holding that the charges leveled against him were proved, the employer dismissed the third respondent with effect from August 1, 1965. The said respondent filed an application challenging the order of dismissal before the Labour Court under Section 78 of the Bombay Industrial Relations Act, 1946, hereinafter referred to as the 'Act', on the 5th August. His complaint was that the charge sheet was not proper, that the Head Office of the appellant had no authority to deal with his case under the Standing Orders, that no evidence was allowed or filed on behalf of the employer and that the finding was based only on his statement and in particular his cross-examination. He had been forced to append his signature to a certain paper without the same having been read over to him. The Labour Court after holding an enquiry took the view that the findings of the enquiry officer were perverse, that the order of dismissal was passed by a person not authorised to exercise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... representatives of employers and employees and appearance in proceedings on their behalf. Chapter VI deals with powers and duties of labour officer and Chapter VIII deals with Standing Orders. Chapter VIII containing Sections 42 to 47 deals with changes . Chapter IX deals with Joint Committees, Chapter X with Conciliation Proceedings, Chapter XI with Arbitration and Chapter XII with Labour Courts, their territorial juris diction, their powers, commencement of proceedings before the Labour Court etc. It is not necessary to take note of other Chapters excepting Section 123 in Chapter XIII which deals with the Rule making power. The relevant definitive clauses in Section 3 are: (8) change means an alteration in an industrial matter; (13) employee means any person employed to do any skilled or unskilled work for hire or reward in any industry, and includes- (a) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of Sub-clause (e) of Clause (14); (b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the employer and employee and punishment including warning, censure, fine, suspension or dismissal for misconduct, suspension pending enquiry into alleged misconduct and the acts or omissions which constitute misconduct. 4. Normally, therefore, standing orders must deal with misconduct which can lead to dismissal or other punishment. 5. Under Section 41 the provisions of the Industrial Employment (Standing Orders) Act, 1946 are not to apply to any industry to which the provisions of Chapter VII of the Act apply. 6. As 'industrial matter' as defined in Section 3(18) includes all matters pertaining to the dismissal or non-employment of any person, an industrial dispute within the meaning of Section 3(17) must necessarily arise when there is any difference between an employer and an employee about such dismissal. 7. The solution to the question before us turns on the interpretation of the relevant provisions in Chapter VIII headed changes . 'Change' as already noticed means any alteration in an industrial matter. Under Section 42(1) any employer intending to effect any change in respect of an industrial matter specified in Schedule 2 of which item 3 read: Dismissal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointed as an arbitrator by a submission; (c) whether a strike, lock-out, closure, stoppage or any change is illegal under this Act; B. try offences punishable under this Act where the payment of compensation on conviction for an offence is provided for, determine the compensation and order its payment; C. require any employer to- (a) withdraw any change which is held by it to be illegal, or withdraw temporarily any change the legality of which is a matter of issue in any proceeding pending final decision, or (b) carry out any change provided such change is a matter in issue in any proceeding before it under this Act. D. require an employer, where it finds that the order of dismissal, discharge, removal, retrenchment, termination of service or suspension of an employee made by the employer, or (i) was for fault or misconduct committed by the employee which came to the notice of the employer more than six months prior to the date of such order; or (ii) was in contravention of any of the provisions of any law, or of any standing order in force applicable to such employee, or (iii) was otherwise improper or illegal, (a) reinstate the employee forthwith or by a date specified by it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clause (a) of paragraph A of Sub-section 1 of Section 78 must be commenced on an application made by any of the parties to the dispute etc. and under Sub-section 2 every application under Sub-section 1 has to be made in the prescribed form and manner. Under Section 84 an appeal lies to the Industrial Court against the decision of a Labour Court in respect of a matter falling under Clause (a) or Clause (c) of paragraph A of Sub-section 1 of Section 78 except in the case of lock-out etc or a decision of such Court under paragraph C of Sub-section of the said section. 11. Reading Section 78 as a whole, there is no doubt left in our minds that the legislature wanted the provision to be a comprehensive one. It contains all the powers of the Labour Court in the matter of all disputes mentioned and gives it jurisdiction to punish certain offences under the Act. It does not lay down the procedure for the attraction of such jurisdiction. So far as disputes are concerned, the procedure is as laid down in Section 79. 12. It will be noted that no mention is made in Section 84 of paragraph D of Section 78(1) but inasmuch as orders of dismissal, discharge, removal, retrenchment, termination of ..... 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