S.Saghir Ahmad, J - (1.) .-
(2.) LEAVE granted in all Special LEAVE Petitions. The appellants were the employees of the Swatantra Bharat Mill against whom charge-sheets were issued in the year 1986 and they were subsequently suspended. Since an industrial dispute was already pending before the Industrial tribunal vide Delhi Administration Notification No. F- 24(798)/94-Lab dated 1.4.86, an application was filed by the Management under Section 33( 1 ) of the Industrial Disputes Act, 1947 for permission to dismiss the employees on completion of enquiry. This application was opposed by the appellants who filed objections and claimed that they were entitled to be paid Subsistence Allowance during the pendency of the disciplinary proceedings for the period of suspension. On this, the tribunal framed the following preliminary issue:- "At what rate, if any, the Management is to pay the subsistence allowance to the workman,"
(3.) THE Presiding Officer, Industrial Tribunal, Tis Hazari, Delhi, relying upon the decision of this court in THE Management, Hotel Imperial, New Delhi and Ors. vs. Hotel Workers' Union, AIR 1959 SC 1342, dismissed the objections of the appellants and held that they were not entitled to any Subsistence Allowance. THE appellants thereafter filed Writ Petitions in the High Court of Delhi which were dismissed by the impugned judgment reading as under:- "In view of the decision of the larger Bench of the Supreme court in the case of THE Management, Hotel Imperial, New Delhi and Ors. vs. Hotel Workers' Union reported as AIR 1959 SC 1342, we are not inclined to interfere in this petition. Dismissed." It appears that the decision of this court in Fakirbhai Fulabhai Solanki vs. Presiding Officer and Anr., (1986)3 SCC 131 = 1986(2) SCR 1059 = AIR 1986 SC 1168, was cited before the High court, but it did not follow the decision and preferred to follow the Judgment in Hotel Imperial's case (supra).;