HINDUSTAN PAPER CORPORATION LTD Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Heard Mr. S.N. Sarma, learned senior counsel for the petitioner and Mr. B.N. Sarma, learned senior counsel for the respondents.

(2.) The Management of Hindustan Paper Corporation Ltd. in short 'HPC, filed an application under Section 33(2)(b) of the Industrial Disputes Act, for short 'the Act', seeking approval of its order dated 1.6.96 removing the respondent workman Jogeswar Nath for his alleged unauthorised absence from duty for a period of 75 days. The approval of order of dismissal was sought on the basis of a domestic enquiry held against the petitioner and an application had to be filed as a Reference Case No. 6/92 was pending. The Tribunal vide the impugned order refrained from according approval to the removal order, hence the present application.

(3.) Learned Counsel for the petitioner Management submitted that the Tribunal erred in law in interferring with the proposed punishment purportedly under Section 11(a) of the Act as this was an application under Section 33(2) (b) of the Act only and not a reference under Section 10 or 2(a) of the Act. The learned counsel has referred to the following observations of the Tribunal, which reads as follows :