A. N. Varma, J. - (1.) This petition is directed against the order dated September 7, 1979 passed by the Labour Court at Meerut disposing of certain preliminary issues. One of the findings recorded by the Labour Court is that Dr. Gaur Hari Singhania, the Managing Director of the petitioner-company, was not competent to pass the order of dismissal, dated August 28, 1976 against Shyama Prasad, the respondent-workman. The effect of this finding would be that the dispute referred for the adjudication of the Labour Court under Section 1(1)(c) of the Industrial Disputes Act, 1947 was bound to be answered in favour of the workman and against the employers Before, however, the Labour Court could dispose of the remaining consequential issues the employers approached this Court by way of this petition which was admitted and further proceedings consequent upon the impugned order, dated September 7, 1979 were directed to be stayed.
(2.) Shortly stated, the case pleaded by the workman in his written statement was that he was appointed on January 8, 1962 by the Governing Director of the petitioner-company as a temporary clerk to work at the Kamla Tower, the head office of the petitioner-company. In April 1976 he was working as a general clerk in the said office and was assigned certain additional work without any increase in remuneration. Somehow the Company's Secretary was annoyed with the workman as a result of which he was asked to resign and on his refusal to oblige the Management he was placed under suspension, then charge-sheeted and after holding a pretence of a domestic enquiry, the petitioner was dismissed from service by an order, dated August 28, 1976. The enquiry conducted against the workman was unfair and violative of elementary principles of natural justice. He was not afforded any opportunity of defending himself against the charges, etc. Eventually the order of dismissal was conveyed to the petitioner through a letter of the Secretary, dated August, 30, 1976.
(3.) The above action of the employers gave rise to an industrial dispute which was referred by the State Government under Section 10(l)(c) of the Industrial Disputes Act for the adjudication of the Labour Court. The dispute referred was ; "Whether the employers were justified in placing the workman Shyama Prasad under suspension from June 3, 1976 to August 29, 1976 and whether they were justified in dismissing the petitioner with effect from August 30, 1976 - The parties exchanged written statements and rejoinders whereupon the following issues were struck by the Labour Court : 1. Was the enquiry against the workman concerned conducted according to the principles of natural justice- 2. Did the Enquiry Officer act under the influence of the opposite party ? 3. Is the order of reference bad in law ? 4. Where the charges, framed against the workman concerned, true ? 5. To what relief, if any, is the workman concerned entitled ? 6. Was Sri P. M. Dave competent to suspend and dismiss the workman concerned ? 7. Was Sri P. M. Dave biased against the workman concerned ? 8. Was the order bearing 28-8-76 as the date, and referred to in paragraph 16 of the written statement of the Employers, passed on 28-8-76 or was it obtained subsequently by fraud and misrepresentation ? 9. Was the order, bearing 28-8-76 as the date and referred to in paragraph 16 of the written statement of the Employers, communicated to the workman concerned ? 10. Was Dr. Gaur Hari Singhania Competent to pass the order, bearing 28-8-76 as the date and referred to in paragraph No. 16 of the written statement of the Employers ? 11. Is the order, bearing 28-8-76 as the date, referred to in paragraph No. 16 of the written statement of the Employers, void or illegal ? 12. In case the letter dated 30-8-76 of Sri P. M. Dave is found to be the order, by which the workman concerned was dismissed, is it illegal on the ground that Sri P. M. Dave gave evidence against workman concerned in the enquiry -;