HURDUTTROY JUTE MILLS PRIVATE LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner is in charge of the management of a jute factory known us Rai Bahadur Hurduttroy Mortal Jute Mills in the town of Katihar. In the course of hearing of an adjudication matter in Reterence Gase No. 7 of 1958 before the Industrial Tribunal, Bihar, the petitioner dismissed its workmen, respondents 3 to 13, for various acts of misconduct, and thereafter filed applications before the Tribunal under the proviso to Section 33 (2) (b) of the Industrial Disputes Act for approval of the action taken by it. The applications were rejected by the Industrial Tribunal, after which the petitioner reinstated the workman and allowed them to resume their duties in ths jute mills. A few days after-wards the petitioner terminated the services of the eleven workmen in accordance with Clause 14 (a) of the Certified Standing Orders which reads as follows :

(2.) The petitioner has now obtained a rule from the High Court calling upon the respondent to show cause why the award of the Industrial Tribunal should not be Set aside by the High Court under Article 227 of the Constitution. Cause has been shown by the Additional Standing counsel on behalf of respondents 1 and 2 to whom notice of the rule was ordered to be given.

(3.) On behalf of respondent no. 8 and respondent no. 10 learned Counsel submitted that he win not oppose the application. There is no appearance on behalf of respondents 3 to 7, 9. 11 to 13 and 14.