DESH RAJ GUPTA Vs. INDUSTRIAL TRIBUNAL IV U P LUCKNOW
LAWS(SC)-1990-9-33
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on September 12,1990

DESH RAJ GUPTA Appellant
VERSUS
INDUSTRIAL TRIBUNAL IV,UTTAR PRADESH,LUCKNOW Respondents





Cited Judgements :-

SONA ELECTRICAL STAMPINGS VS. PRESIDING OFFICER LABOUR COURT NO II [LAWS(DLH)-1997-8-3] [REFERRED TO]
RAM KISHAN SINGHAL VS. PRESIDING OFFICER [LAWS(DLH)-1999-11-56] [REFERRED [PARA 9]]
MANAGEMENT OF K G KHOSLA COMPUTERS LTD VS. PRESIDING OFFICER LABOUR COURT [LAWS(DLH)-2006-8-50] [REFERRED TO]
SHREENARAYAN KANAIYALAL VS. ANUP ENGINEERING LIMITED [LAWS(GJH)-1994-6-18] [REFERRED TO]
UNION OF INDIA VS. A S BHATTI [LAWS(APH)-1995-9-74] [REFERRED TO]
DEPOT MANAGER A P S RT C ASIFABAD VS. E N REDDI [LAWS(APH)-1995-12-6] [REFERRED TO]
PRESIDENT GENERAL SECRETARY AMPRO FOOD PRODUCTS PRIVATE LTD VS. INDUSTRIAL TRIBUNAL HYD [LAWS(APH)-1997-1-51] [REFERRED TO]
PRESIDENT GENERAL SECRETARY AMPRO FOOD PRODUCTS PRIVATE LTD VS. INDUSTRIAL TRIBUNAL HYD [LAWS(APH)-1997-1-51] [REFERRED TO]
CH SATYANARAYANA RAO VS. CHAIRMAN INDUSTRIAL TRIBUNAL CUM LABOUR COURT GODAVARIKHANI [LAWS(APH)-1997-2-64] [REFERRED TO]
MARGADARSI CHIT FUNT PRIVATE LIMITED HYDERABAD VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1999-9-82] [REFERRED TO]
INSTITUTE OF PUBLIC HEALTH and HYGIENE VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2001-4-104] [REFERRED TO]
K S R T C VS. BASANGOUDAR [LAWS(KAR)-1992-2-15] [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION BANGALORE VS. G B BASANGOUDAR [LAWS(KAR)-1992-2-9] [DISTINGUSED , DIST; 3.]
MANAGEMENT OF THE MYSORE COFFEE VS. PRESIDING OFFICER LABOUR COURT MYSORE [LAWS(KAR)-1997-9-1] [REFERRED TO]
P KARUTHUMAYAN VS. REGIONAL MANAGER STATE BANK OF INDIA [LAWS(MAD)-1995-1-17] [REFERRED TO]
RAVEENDRA KAMATH VS. V A DHOLAKIA [LAWS(KER)-1992-3-18] [REFERRED TO]
MANAGEMENT OF ENGINE VALVES LTD VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL MADRAS AND [LAWS(MAD)-1995-2-19] [REFERRED TO]
MD AMIR HOSSAIN VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-3-11] [REFERRED TO]
MD AMIR HOSSAIN VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-3-11] [REFERRED TO]
MANAGEMENT OF THANJAVUR TEXTILE MILLS LIMITED VS. PRESIDING OFFICER FIRST ADDITIONAL LABOUR COURT AND [LAWS(MAD)-1998-1-38] [REFERRED TO]
VIRU MUTHU SUKHLINGAM VS. UNION OF INDIA [LAWS(BOM)-1992-6-33] [REFERRED TO]
BASU DEBA DAS VS. M R BHOPE [LAWS(BOM)-1992-11-99] [REFERRED TO]
PUNJAB DAIRY DEVELOPMENT CORPORATION LIMITED VS. KALA SINGH [LAWS(SC)-1997-5-12] [OVERRULED]
R THIRUVIRKOLAM VS. PRESIDING OFFICER [LAWS(SC)-1996-11-232] [HELD PER INCURIAM]
SHANTILAL MOTILAL SHAH THRO HIS HEIR AND L R VS. DIVISIONAL CONTROLLER GSRTC [LAWS(GJH)-2003-2-33] [REFERRED]
GOPALAIAH VS. CHAIRMAN AND MANAGING DIRECTOR STATEBANK OF MYSORE K G ROAD BANGALORE [LAWS(KAR)-1998-9-46] [REFERRED TO]
RAVEENDRA KAMATH VS. DHOLAKIA [LAWS(KER)-1991-3-14] [REFERRED TO]
CO OPERATIVE SUGARS LTD VS. CO OP S C EMPLOYEES ASSOCIATION [LAWS(KER)-1995-8-16] [REFERRED TO]
PARAMASIVAM V VS. MANAGEMENT OF MADRAS RUBBER FACTORY [LAWS(MAD)-2000-2-32] [REFERRED TO]
SHANKAR AMRITA DESHMUKHS VS. PAPER AND PULP CONVERSIONS LIMITED [LAWS(BOM)-1995-3-67] [REFERRED TO]
GAJANANSHAMRAO THAKRE VS. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION [LAWS(BOM)-2000-7-35] [REFERRED TO]
KRISHNA KUMAR D THAKUR VS. ZILLA PARISHAD AKOLA [LAWS(BOM)-2004-3-93] [REFERRED TO]
NEPC TEXTILES LIMITED VS. PRESIDING OFFICER LABOUR COURT COIMBATORE [LAWS(MAD)-2006-6-93] [REFERRED TO]
RAJ SHEKHARAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1995-11-34] [REFERRED TO]
KHADI GRAMODYOG PRATISTHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-1-48] [REFERRED TO]
RAJASTHAN STATE ROAD TRANSPORT CORPORATION VS. JAGDISH RAM [LAWS(RAJ)-2000-1-34] [REFERRED TO]
HINDUSTAN MACHINE TOOLS LTD VS. LAJWANTI [LAWS(P&H)-2007-7-22] [REFERRED TO]
YOGINDER SHARMA VS. MANGT. OF ARVALI LEASING LTD [LAWS(DLH)-2013-4-17] [REFERRED TO]
BALJINDER SINGH VS. PRESIDING OFFICER [LAWS(P&H)-2003-7-167] [REFERRED TO]
STATE BANK OF PATIALA VS. RAM NIWAS BANSAL [LAWS(SC)-2014-3-2] [REFERRED TO]
Management of the Mysore Coffee Processing Co-op. Society Ltd., Mysore VS. Presiding Officer, Labour Court, Mysore and another [LAWS(KAR)-1997-9-98] [REFERRED TO]
MANOHAR PANDIT MARATHE VS. PRESIDENT, SHARDA VIDYA PRASARAK MANDAL [LAWS(BOM)-2014-4-182] [REFERRED TO]
SANATAN DHARAM GIRLS SECONDARY SCHOOL VS. LABOUR COURT [LAWS(RAJ)-2015-1-44] [REFERRED TO]
HARISINH C. CHHASATIYA VS. DIVISIONAL CONTROLLER [LAWS(GJH)-1996-7-94] [REFERRED TO]
THE WORKMAN REPRESENTED BY THE GENERAL SECRETARY, MADRAS PORT UNITED LABOUR UNION, MADRAS VS. THE CHAIRMAN, MADRAS PORT TRUST, RAJAJI SALAI, MADRAS AND THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, MADRAS [LAWS(MAD)-2002-2-206] [REFERRED TO]
THE MANAGEMENT OF G.T.N. ENGINEERING (INDIA) LTD. VS. THE LABOUR COURT,COIMBATORE [LAWS(MAD)-2016-3-322] [REFERRED]
DR. V. ANANDAMOORTHI VS. GOVT. OF INDIA [LAWS(MAD)-1998-9-162] [REFERRED TO]
M/S ONKAR BUS SERVICE LTD., JALANDHAR VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-1996-5-242] [REFERRED TO]
J.C. MILLS LTD., GWALIOR VS. MANGILAL [LAWS(MPH)-1994-8-89] [REFERRED TO]
MOTILAL VS. THE FACTORY MANAGER, J.C. MILLS, BIRLA NAGAR, GWALIOR [LAWS(MPH)-1994-5-68] [REFERRED TO]
BASU DEBA DAS VS. M R BHOPE [LAWS(BOM)-1992-11-137] [REFERRED]
AHMEDMIYA AHMEDJI VS. INDIAN HUME PIPE CO LTD [LAWS(BOM)-1994-4-83] [REFERRED]
SATYANARAYAN RAO VS. CHAIRMAN, INDUSTRIAL TRIBUNAL [LAWS(APH)-1997-2-94] [REFERRED TO]
GURMAIL SINGH VS. PRESIDING OFFICER LABOUR COURT, PATIALA [LAWS(P&H)-1995-4-106] [REFERRED]
SUGAR MILLS LTD VS. PRESIDING OFFICER [LAWS(P&H)-1996-3-180] [REFERRED]
RAMJI DASS VS. PRESIDING OFFICER, LABOUR COURT, AMBALA [LAWS(P&H)-1996-8-284] [REFERRED]
SUPREME AND COMPANY VS. NETAI BHADURI [LAWS(CAL)-2022-1-87] [REFERRED TO]


JUDGEMENT

Sharma, J. - (1.)This appeal by special leave is directed against the judgment of the Allahabad High Court dismissing the appellant's writ petition challenging an award of the Industrial Tribunal.
(2.)The appellant was working as an Assistant Cashier in the Rampur Zila Sahkari Bank Ltd., when a reference of an industrial dispute was made under S. 4-A of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the U. P. Act). The provisions of the U. P. Act relevant to the present case are similar to those of the Central Act, that is, the Industrial Disputes Act, 1947. Section 4-A of the U. P. Act, like the corresponding S. 10 of the Central Act, empowers the State Government to refer industrial disputes to Labour Courts or Tribunals. During the pendency of the reference the appellant was put under suspension and served with a charge-sheet in February 1976, which was followed by a domestic inquiry leading to the dismissal of the appellant from service on 16-8-1976. The U. P. Act in Ss. 6-E and 6-F incorporates provisions similar to those in Ss. 33 and 33-A of the Central Act. The appellant filed a complaint under S. 6-F of the U. P. Act before the Industrial Tribunal, and the same was treated as a dispute referred to it, and was finally disposed of by the Award which was impugned before the High Court.
(3.)The Tribunal, in the first instance, examined the case of the appellant on the question whether principles of natural justice had been followed in the ,domestic inquiry, and after hearing the parties, decided the issue by its order dated 23-2-1979 in favour of the workman. Proceeding further the Tribunal asked the management to justify the order of punishment on merits. Accordingly, the parties led their evidence and the Tribunal recorded a finding that the charges levelled were established by the materials on the record and the workman, therefore, was not entitled to any relief.
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