D.S. Tewatia, J. - (1.) (Oral) - The petitioner Management has impugned the award dated 16th Dec., 1978, under Sec. 33-A of the Industrial Disputes Act, 1949 (hereinafter referred to as the Act).
(2.) An industrial Dispute was pending before the Industrial Tribunal 1 when respondent No. 2 is alleged to have misbehaved with one of the partners of the petitioner company. The petitioner-company dismissed respondent No. 2 on 23rd Sept., 1976. Thereafter an application for approval of the order of dismissal under section 33(2) (b) of the Act was made on 27th Sept., 1976. During the pendency of this application, the referred dispute pending before the Industrial Tribunal was settled on 8th Feb., 1977 and the award in the said reference was made on 10th Feb., 1977. The petitioner management then applied for withdrawal of the application made under section 33(2) (b) of the Act and the same was allowed on 2nd March, 1977. The award made in the reference was published in the Government Gazette on 1st July, 1977. No fresh order was passed after that. However on 15th April, 1977, respondent No. 2 made a complaint.
(3.) The Management contested the jurisdiction of the Industrial Tribunal of entertain the complaint under section 33-A of the Act. It was maintained that such a complaint is competent only during the pendency of the reference proceedings. The Tribunal after exhaustively considering the judicial precedents came to the conclusion that the complaint was maintainable as the award proceedings had not terminated before the filing of the complaint. The Industrial Tribunal also went into the merits of the case and :eld that the order dismissing the Workman was illegal. It, however, instead of ordering re-instatement awarded payment of Rs. 8113.00 by way of compensation.;