- (1.) This rule is directed against Order No. 21 dated 18th March, 1972/ 28th March, 1972 made in a proceeding under section 33(2) (b) of the Industrial Disputes Act, 1947 being Case No. 66 of 1970 by the 8th Industrial Tribunal, West Bengal. By the said order the Tribunal was pleased to allow the application under section 33(2) (b) of the Act and consequently granted approval of the action taken by the respondent company against the petitioner.
(2.) Section 33 of the Act requires that the conditions of service etc., of an employee would remain unchanged under certain circumstances during the pendency of the proceeding and section 33(2) (b) requires that during the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in any such dispute alter. (a) ... ... ... ... ... ... (b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman ; Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceedings is pending for approval of the action taken by the employer.
(3.) The petitioner, at all material times, was employed as CTC Dafadar in the New Doors Tea Estate which is owned by Messrs Banarhat Tea Company Limited, a Company registered under the Companies Act, 1956. It is an admitted position that the terms of service and conditions of employment of the employees of the said Tea Estate are governed by a set of rules incorporated in the Standing Orders and at the relevant time a dispute was pending before the respondent Tribunal under Government Order Reference No. 639/I.T. / I.R./9L-22/66 dated February 21, 1967 and the petitioner and the respondent Company were concerned in the said dispute.;