- (1.) This appeal is referred to a Bench of five Judges based on the following order made by a Bench of two Judges of this Court :
(2.) It is seen from the above order that the learned Counsel appearing for the respondents had contended that there is no conflict between the two judgments referred to in the said order. However, the Bench thought otherwise. Since, it is again contended now before us on behalf of the respondents that there is no conflict between the said judgments, we will first examine that aspect of the case.
(3.) In Shambhu Nath Goyal v. Bank of Baroda, 1983 (4) SCC 491 : 1984 (1) SCR 85, the Court held : The rights which the employer has in law to adduce additional evidence in a proceeding before the Labour Court or Industrial Tribunal either under Sec. 10 or Sec. 33 of the Industrial Disputes Act questioning the legality of the order terminating the service must be availed of by the employer by making a proper request at the time when if files its statement of claim or written statement or makes an application seeking either permission to take certain action seeking approval of the action taken by it. (Emphasis supplied);