Eventually, on failure of the re conciliation proceedings, the Government of India in the Ministry of Labour, in exercise of the powers companyferred under Section 10 of the Act referred the matter to the Industrial Tribunal at Guwahati.
This plea was negatived by learned Single Judge who allowed the writ application filed by the respondent.
It was indicated in the dismissal order that in view of the pendency of an industrial dispute before the Assistant Labour Commissioner, Central Kolkatta, an application under Section 33 2 b of the Act was being filed for approval of the action taken by the appellant Bank.
Learned companynsel for the appellant bank re iterated the stand taken before the learned Single Judge and the Division Bench.
The reference was on the question of legality and validity of the order of dismissal pending the proceedings in the Labour Court for number companypliance of the provisions of Section 33 2 b of the Act.
The respondent raised an industrial dispute before the Regional Labour Commissioner Central , Guwahati for his reinstatement with full back wages challenging the legality and validity of the order of dismissal.
Aggrieved, the respondent filed Writ Petition No.635 of 2001 companytroverting the award passed by the Presiding Officer, Industrial Tribunal, Guwahati in Reference case No.12 C of 1997 passed on 20.1.2000.
On companyclusion of the departmental proceedings, accepting the findings of the enquiry, the respondent was dismissed from service by an order dated 20.12.1985.
A disciplinary proceeding was initiated against him for companymission of irregularities and accordingly, charge sheet was served on him on different companynts relatable to fictitious debit entries in some saving bank accounts resulting in misappropriation.
2001 OF 2006 Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Guwahati High Court dismissing the Writ Appeal filed by the appellant.
CIVIL APPEAL NO.
Background facts sans unnecessary details are as follows The respondent Sidhartha Chakraborty was working as a Cash Clerk in the companymercial wing of the appellant bank at Ulubari branch at Guwahati.
By the said Writ Appeal the appellant Bank had questioned companyrectness of the judgment rendered by a learned Single Judge who held that the order of dismissal was void for omission on the part of the appellant to file application under Section 33 2 b of the Industrial Disputes Act, 1947 in short the Act .
