V K. Singhal, J. - (1.) The petitioner has challenged the order of the Industrial Tribunal dated 18-11-1991 mainly on the ground that the application submitted by the employer has wrongly been considered under Section 33(2) (b) whereas it should have been considered under Section 33(1) (b).
(2.) The brief facts of the case are that an industrial dispute has arisen between the various textile mills and Mazdoor Unions and accordingly the State Government vide Notification dated 18th August, 1987 referred the following dispute for adjudication to the Industrial Tribunal : "Whether the workload of the workers employed in Maharaja Shri Ummed Mills, Pali, Tirupati Fibres and Industrial Ltd., Abu Road, Aditya Mills Ltd., Kishangarh, Rajasthan Textile Mills, Bhawani Mandi Bhilwara Spinners Ltd., Bhilwara and Sagar Spinning Mills Ltd.. Madri, Udaipur represented by INTUC, AITUC, CITU, HMS, BMS and Rajasthan Trade Union Centre (RTUC) is just and valid, if not what should be the workload of each workman of the above industries."
(3.) During the pendency of the above dispute it is alleged that on 16-5-1988 the petitioner has acted in a manner which amounted to misconduct for which a charge-sheet was given to him. This charge-sheet is Annexure-1. The Management has alleged that the petitioner incited and abetted the workers to resort the boycott of the work.;