MANAGEMENT AMALAGAMATED ELEC CO LTD Vs. WORKMEN

JUDGEMENT

(1.) Aggrieved by an order of the Addl Industrial Tribunal, Bangalore, passed on 7-6-1974 the Management of M/s Amalgamated Electricity Co Ltd, Belgaum, has filed this writ petition.

(2.) The facts of the case are briefly these During the pendency of a dispute between the Management and its workmen before the National Tribunal the Management obtained the approval of the Naional Tribunal on an application made by it under S.33(2) (b)of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) to its action of dismissal of some workmen from its service. Before the National Tribunal the Management relied on the result of a domestic enquiry held by it and also the evidence led by it in support of its ease. On the basis of the material placed before it the National Tribunal accorded approval to the action of tha Management dismissing the workmen. Thereafter an industrial dispute was raised with regard to the dismissal of the said: workmen. The said dispute ultimately came to be referred to the Addl Industrial Tribunal, Bangalore for adjudication under S.10 of the Act, Before, the Addl Industrial Tribunal the Management again relied upon the result of the domestic enquiry held by it. It also offered to adduce evidence, if necessary, in support of its case. Inter alia, it was contended before the Tribunal that a reference under S.10 was bad in law in view of the approval accorded by the National Tribunal under S.33(2) (b) of the Act. On the basis of the contentions raised by the parties the Tribunal framed two, preliminary issues, namely (1) Wheher the reference was bad in view of the approval accorded by the National Tribunal to the action taken against the members of the first party on principles analogous to res judicata ? and (2) Whether the domestic enquiry was regular? The Tribunal recorded findings against the Management on both the issues and granted permission to adduce evidence to both sides in support of their respective cases. Aggrieved by the said order, the Management has filed this writ petition.

(3.) It is argued by Mr.K.S.Desai learned Counsel for the petitioner, that the finding recorded by the National Tribunal in the enquiry held under S.33(2) (b) was binding on the Addl Industrial Tribunal and that therefore it was not open to the Addl Industrial Tribunal to hold that the domestic enquiry was not regular. The scope of the enquiry under S.33, (2) (b) and the scope of the enquiry by a Tribunal in a reference made under S.10 of the Act has been dealt with by the Supreme Court in Punjab National Bank Ltd v. All India Punjab National Bank Employees Federation, AIR 1960 SC. 160. At paras 24 & 25 of the said decision it has been laid down as follows :