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

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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