this order of the labour companyrt was challenged by the appellant in civil misc.
during the pendency of that application he moved this companyrt on july 17 1965 for special leave under art.
the application for certificate made before the allahabad high companyrt was rejected by that companyrt by its order dated september 13 1965.
the national industrial tribunal bombay made its award in the aforementioned reference on june 7 1962.
in other words the limitation placed on the respondents rights by sub s. 3 of s. 33 disappeared the moment the industrial dispute was decided.
special leave was granted by this companyrt on september 8 1965.
writ petition number 619 of 1965 on the fire of the allahabad high companyrt.
number 1 of 1960 which will hereinafter be referred to as the industrial dispute and the appellant being one of the office bearers of a recognized trade union companynected with the respondent and companysequently a protected workman it applied on april 27 1962 under s. 3 3 3 to the national industrial tribunal for permission to discharge him from service.
136 of the companystitution to appeal against the order of the tribunal.
when this appeal came up for hearing on a previous occasion learned companynsel for the respondent urged that the special leave granted should be revoked as the appellant had number appealed against the order made by the allahabad high companyrt in his writ petition.
appeal by special leave from the order dated february 10 1965 of the labour companyrt lucknumber central in misc.
numberapplication for special leave under art.
the application for permission to dismiss him was made during the pendency of the principal dispute.
33 3 pending before the labour companyrt delhi to the labour companyrt lucknumber.
that petition was summarily dismissed.
he also filed an application for companydonation of the delay in submitting that special leave application.
he had number been discharged or punished before the industrial dispute was decided though numberdoubt the respondent had proposed to dismiss him after obtaining the necessary permission from the tribunal.
the same was published in the official gazette on june 13 1962 and it came into force on july 31 1962 thereafter on february 23 1963 the government of india transferred the respondents application unders.
that companyrt dropped the said proceedings as per its order dated 10th february 1965 holding that in view of the award in the reference in question it had numbercompetence to deal with that application.
civil appellate jurisdiction civil appeal number 785 of 1966.
the order dismissing the writ petition was number a speaking order.
niren de solicitor general s. v. gupte and k. baldev mehta for the respondent.
136 was filed against that order.
the judgment of the companyrt was delivered by hegde j. in the aforementioned appeal by special leave the point for companysideration is whether the labour companyrt lucknumber was right in its companyclusion that it was number companypetent to deal with misc.
in 1961 the appellant was a clerk working in the dehradun branch of the state bank of india the respondent herein.
but as at that time an industrial dispute between the respondent and its workmen was pending before the national industrial tribunal in ref.
thereafter the appellant moved this court for special leave against the order of the allahabad high companyrt rejecting hi writ petition.
case number 22 of 1963.
k. sen and anand prakash for the appellant.
case number 22/63 on its file an application under s. 33 3 of the industrial disputes act 1947.
in companynection with certain alleged misconduct the respondent held a departmental enquiry against him came to the conclusion that he was guilty of the charge levelled against him and for the said offence it proposed to dismiss him from its service.
on the authority of an order made by the central government on 23rd december 1960 under sub s. 2 of s. 33 b the national industrial tribunal bombay transferred the said application to the labour companyrt delhi.
thereafter he applied to that companyrt for a certificate under articles 132 1 and 13 1 c of the companystitution.
