AIR INDIA CORPORATION BOMBAY Vs. V A REBELLOW

JUDGEMENT

(1.) This is an appeal by special leave and the appellant, the Air-India Corporation, Bombay assails Part I of the Award with corrigendum, dated April 28, 1967, given by the Central Government Labour Court Bombay, on the complaint dated October 16, 1965 made by Shri V. A. Rebellow, respondent No. 1 in this Court (hereinafter referred to as the complainant) under Section 33-A of the Industrial Disputes Act, 1947 (hereinafter called the Act). The complaint was originally filed by the complainant before the National Industrial Tribunal, Delhi, (Mr. Justice G. D. Khosla, retired Chief Justice of the Punjab High Court) in the Industrial Dispute Reference No. 1 of 1964 but was later transferred to the Central Government Labour Court and numbered as Application No. LCB 39 of 1965.

(2.) The impugned award merely dealt with the preliminary points raised by the appellant that the complainant was not a workman concerned in the aforesaid industrial dispute and that there was no breach of Section 33 of the Act with the result that the complaint under Section 33-A of the act was incompetent. The Labour court held that complainant to be a workman concerned in the aforesaid industrial dispute pending before the National Industrial Tribunal on the date of his dismissal and that the dismissal was not a discharge simpliciter but in breach of the provisions of Section 33. On this finding his complaint was held to be maintainable. The two questions canvassed in the present appeal are (1) whether the complainant was a workman and was as such concerned in the aforesaid disputed (Industrial Dispute Reference No. 1 of 1964) and (2) whether the termination of his service was a dismissal as alleged by him or was a mere termination of service not amounting to dismissal. Board facts necessary for understanding the controversy may now be stated:

(3.) The order which was challenged as amounting to the complainant's dismissal reads: