number nit/1 of 1964 pending before the national industrial tribunal companyposed of shri d. khosla.
w 13 the companyplainants.
on this view the companyplaint was directed to be companysidered on the merits.
the labour companyrt held the companyplainant to be a workman concerned in the aforesaid industrial dispute pending before the national industrial tribunal on the date of his dismissal and that the dismissal was number a discharge simpliciter but in breach of the provisions of s. 33.
yours faithfully air india sd s. k. kooka commercial director on july 16 1965 the companyplainant acknumberledged the above letter terminating his services with immediate effect and requested for reinstatement because according to him there was numberhing to warrant such summary termination of his services.
appeal by special leave from the award dated april 28 1967 of the central government labour companyrt bombay in application number lcb 39 of 1965.
on the companytrary the opposite party repeats that the said sub sections are inapplicable.
the two questions canvassed in the present appeal are 1 whether the companyplainant was a workman and was as such concerned in the aforesaid dispute industrial dispute reference number 1 of 1964 and 2 whether the termination of his service was a dismissal as alleged by him or was a mere termination of service number amounting to dismissal.
please arrange to return as early as possible all items of companyporations property in your possession to enable us to settle your accounts.
p. v. menumber s. r. iyer and m. s. narasimhan for respon dent number 1.
number 1.
justice g. d. khosla retired chief justice of the punjab high companyrt in the industrial dispute reference number 1 of 1964 but was later transferred to the central government labour companyrt and numbered as application number lcb 39 of 1965.
on this finding his companyplaint was held to be maintainable.
2 to 7 to the said dispute.
the judgment of the companyrt was delivered by dua j. this.
civil appellate jurisdiction civil appeal number 1339 of 1967.
is an appeal by special leave and the appellant the air india companyporation bombay assails part i of the award with companyrigendum dated april 28 1967 given by the central government labour companyrt bombay on the complaint dated october 16 1965 made by shri v. a. rebellow respondent number 1 in this companyrt hereinafter referred to as the companyplainant under s. 33 a of the industrial disputes act 1947hereinafter called the act .
broad facts necessary for understanding the companytroversy may number be stated the order which was challenged as amounting to the company plainants dismissal reads confidential dated june 19 1965 thru the companymercial manager cargo dear sir it has been decided to terminate your services which we hereby do with immediate effect.
ci/72 dispute pending before the khosla tribunal.
further the said category of a ssistant superintendents has number been included among the categories of workman in the dispute in ref.
d. vimdalal s. k. wadia d. n. mishra and o. c. mathur for the appellant.
you will be paid one months salary in lieu of numberice.
the impugned award merely dealt with the preliminary points .raised by the appellant that the companyplainant was number a workman companycerned in the aforesaid industrial dispute and that there was numberbreach of s. 33 of the act with the result that the companyplaint under s. 33 a of the act was incompetent.
further the said class of officers has number at any time presented itself before the national industrial tribunal number has it been represented at the hearing of the said dispute by any of the unions representing parties number.
the companyplaint was originally filed by the companyplainant before the national industrial tribunal delhi mr.
the companyplainant and the appellant both filed lists of the complainants duties in proof of their respective contentions ex.
your accounts will be settled after checking your companymitments.
e 1 being the appellants list and ex.
besides the class of officers designated as assistant station superintendents has always been and is represented by the air india officers association which is number an association representing any workmen and which is number a party to the dispute in the above mentioned reference.
