MANAGEMENT OF BOKARO STEELLTD Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) All these three writ petitions are being disposed of by this judgment as common law and facts are involved.

(2.) The workmen, respondents in the three writ petitions, were charge -sheeted by the Management. After holding a domestic enquiry, separate orders of dismissal were passed. The Management filed separate applications Under Section 33 (2)(b) of the Industrial Disputes Act, 1947 (in short, the Act) for approval. The applications were registered as Miscellaneous case No. 2/76, 1/80 and 6/80, Respondent No. 1 held that the respondents workmen were concerned workmen with regard to Reference case No. 39 of 1973 which was pending for adjudication before it. The order so passed by respondent No. 1 is contained in Annexure -15 both in CWJC No. 903/83 (R) and CWJC No. 1206/83 (R) and Annexure -14 in CWJC 1205/83 (R). In all these writ petitions, these annexures have been challenged.

(3.) In CWJC No. 903/83 (R), the final order passed in the miscellaneous case has also been challenged and the order is Annexure -18 to the writ application. Since the annexure was absolutely illegible no submission was made with regard to that by the learned Counsel appearing on behalf of the Management. Both the sides admitted that the workmen were not concerned workmen in Reference No 5/74.