Sanjib Banerjee, J. - (1.) The three appeals arising out of three petitions under Article 226 of the Constitution in identical circumstances produced divergent opinions in course of a common judgment of September 20, 2006. The concerned Division Bench passed the following order without penning the point of difference on which the matter would be taken up by a third judge: "Since we are not unanimous on the issue, the matter be placed before the Hon'ble Chief Justice for making a reference to a third judge."
(2.) It is, therefore, necessary to see the operative part of the different opinions: Per Ashim Kumar Banerjee, J: "Considering the above, in my humble view, that appeals filed by the employer must succeed" Per Tapan Mukherjee, J: "Under the circumstances, I am not inclined to interfere with the decision of Learned Single Judge in respect of the aforesaid three writ petitions. The appeals therefore must fail."
(3.) By individual orders passed on November 3, 1981, the three workmen involved in these matters were removed from service upon being found guilty of misconduct in disciplinary proceedings. At the relevant point of time, there was an industrial dispute pending between the employer and its union of workmen. Accordingly, the employer applied to the National Industrial Tribunal, then in Bombay, for obtaining approval of such action taken by the employer under Sec. 33(2)(b) of the Industrial Disputes Act, 1947. On April 30, 1983 the said tribunal declined to accord approval on the ground that a full one -month's wages had not been paid to the workmen. Such orders were challenged by way of petitions under Article 226 of the Constitution before the High Court at Bombay. On January 21, 1986 a Single Bench of the Bombay High Court set aside the tribunal's orders. The workmen preferred appeals before a Division Bench, which rejected the same by a common judgment and order of July 12, 1991. A petition for special leave to appeal was carried to the Supreme Court by the workmen and the same was dismissed on June 16, 1993.;