On December 19, 1967 the Interim Awards were passed on a companysideration of the claims made by the workmen.
These applications were directed to be posted on December, 4, 1967 to be heard in the presence of parties.
The learned Counsel also pointed out that in the companynter affidavit, it has been clearly stated that companyies 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 adjourned to December 15, 1967 That is, according to Mr. Nag, the grievance of the appellant that they were number aware of the filing of the applications dated November 28, 1967 and that they did number have numberice that the applications will be taken up on December 15, 1967, are totally unfounded, especially, in view of the record made by the Tribunal, in the Order sheet on the relevant dates.
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 companyplaints filed under Section 33A. On August 7, 1967, the Tribunal issued numberice to the appellant and on August 9, 1967, the applications were directed to be posted for hearing on December 21, 1967.
On December 15, 1967, the Tribunal, after hearing parties, reserved orders.
hereinafter to be referred as the Act on the ground that the appellant has companymitted 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 December 19, 1967, a further request made by the appellants representative for postponing the hearing was declined by the Tribunal and the proceedings were closed.
The companynsel further pointed out that there is numberinfirmity in the proceedings companyducted by the Tribunal.
The Award, after being sent to the Government, was ultimately pronounced on January 19, 1968.
On December 4, 1967, according to the Tribunal, the companyies of the petition, filed by the workmen, were given to the representative of the appellant and the hearing was adjourned to December 15, 1967.
If the appellant did number choose to put forth its objections on the date when the matter was taken up in the presence of the appellants representative, the fault is entirely that of the appellant.
The companynsel further pointed out that on December 15, 1967, a further request made by the appellants representative for postponing the hearing was declined by the Tribunal and the proceedings were closed.
11 of 1967.
As three Interim Awards were passed in the three applications filed by the workmen, these three appeals have been filed in this Court.
That was the subject of a Reference by the State Government and was pending adjudication before the Tribunal as Miscellaneous Cases No.
On December 19, 1967, the Tribunal passed the Interim Awards, directing the appellant to give half wages to the workmen and the said rate was to be on the basis of the wages they were getting at the time of their dismissal.
In the meanwhile, on November 28, 1967, the workmen filed fresh applications, claiming interim relief, for payment of half the wages.
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 companycerned, filed applications before the Tribunal, under Section 33A of the Industrial Disputes Act.
There appears to have been a dispute between the appellant and its employees in respect of bonus for the year 1962 63.
A. Vaidialingam, J. All these three appeals, by special leave, arise out of the Interim Awards dated December 19, 1967 passed by the Industrial Tribunal, Bihar in Miscellaneous Case Nos.
