- (1.) Special leave is granted.
(2.) This appeal from an order of the Patna High court raises an important question as to the scope of S. 33-B of the Industrial Disputes Act, 1947 ('the Act').
(3.) The facts can be quite shortly stated: The appellant-company is mainly engaged in construction of coal washeries on contract basis in different collieries and also doing allied and incidental work. Shivaji Prasad Sinha - respondent 4 was a Senior Supervisor in the company's establishment at Dhanbad. It is said that he was caught red-handed when carrying 55 pieces of electromagnetic clutch plates kept concealed in the tool box of his scooter. The management held domestic enquiry into the incident and found him guilty of committing theft. He was accordingly dismissed from service. The dispute arising therefrom was referred under S. 10 (1) (c) of the Act to Labour court, Dhanbad for adjudication. The Labour court registered the case as Reference Case No. 4 of 1988and issued notice to the parties. The parties entered appearance and filed their respective pleadings. When the matter was thus pending consideration the respondent seems to have written to the government stating that it would be difficult for him to attend the Labour court, Dhanbad since he has been residing at Hajipur and it would be convenient for him if the case is transferred to Labour court, Patna. That application was made without intimation to the management. The government however, has acceded to the request of the respondent and without opportunity to the management transferred the case to Labour court, Patna. The notification issued in that regard reads as follows: "Notification Patna dated 8/08/1988 S. O. In exercise of powers conferred by Ss. (1) of S. 33-B of the Industrial Disputes Act, 1947 (14 of 1947) the governor of Bihar after careful consideration of the application of the petitioner Shri Shivajee Prasad Sinha wherein he has prayed for the transfer of adjudication proceedings to Patna keeping in view to the difficulties expressed by him to attend the Labour court, Dhanbad, regularly due to his residence at Majipur is pleased to withdraw the proceeding shown in Annx. 'a pending before Labour court, Dhanbad and transfer the said proceeding to the Labour court, Patna for speedy disposal for the stage at which the case is transferred. ";