SHREE CHANDRASHEKHAR,J. - (1.) SHREE CHANDRASHEKHAR,J. This batch of writ petitions has been filed against common Award dated 12.08.2013. All the cases arise out of the complaints filed under Section 33A of the Industrial Disputes Act, 1947. Considering the common question of law involved in the writ petitions, the learned counsel for the parties advanced arguments referring to the facts in W.P.(L) No. 2032 of 2014.
(2.) Heard the learned counsel for the parties and perused the documents on record.
(3.) Referring to the stand taken by the Management that the concerned workmen were not involved in dispute pending adjudication at the time when the order of dismissal was passed, Mr. Nipun Bakshi, the learned counsel for the petitioner submits that, without adjudicating the said issue the Industrial Tribunal has held the action of the Management illegal on the ground that permission under Section 33(2)(b) of the Industrial Disputes Act, 1947 was not taken by the Management. Contending that the procedure envisaged under the Act was completely ignored by the Industrial Tribunal, the learned counsel for the petitioner Food Corporation of India submits that the Award dated 12.08.2013 is liable to be set aside. Mrs. M.M. Pal, the learned Senior counsel for the respondent Workman however, contends that permission under Section 33(2)(b) of the Industrial Disputes Act, 1947 was not taken before the order of dismissal was passed against the concerned workmen and therefore, application under Section 33 (A) has rightly been allowed. It is further contended that opposite party F.C. I did not seek permission to lead evidence when the argument was heard by the Tribunal and thus, it has to be understood that the Management has admitted breach of Section 33 (2) (b).;