THE LORD KRISHNA TEXTILE MILLS versus ITS WORKMEN

THE LORD KRISHNA TEXTILE MILLS versus ITS WORKMEN

The Tribunal erred in assuming the powers of an appellate authority, reviewing the adequacy of evidence and findings of fact, rather than limiting itself to statutory questions under Section 33(2)(b); as all statutory conditions were satisfied, approval to the dismissals should have been granted.

Parties
Appellant: The Lord Krishna Textile Mills; Respondent: Its Workmen
Jurisdiction
India
Judgment Date
12 December 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From Award of Industrial Tribunal
Outcome
Appeal allowed
Legal Topics
Dismissal for Misconduct, Approval of Dismissal During Industrial Dispute, Scope of Tribunal's Jurisdiction Under Industrial Disputes Act
Labour Law Industrial Disputes Dismissal for Misconduct Approval of Dismissal During Industrial Dispute Scope of Tribunal's Jurisdiction Under Industrial Disputes Act

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Parties

The Lord Krishna Textile Mills

Appellant

Its Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Award of Industrial Tribunal

Legal Issues

  1. 1 Whether the Tribunal exceeded its jurisdiction in refusing approval to the dismissal of workmen by assuming powers of an appellate court under Section 6E(2)(b) of U.P. Industrial Disputes Act, 1947 (or Section 33(2)(b) of Industrial Disputes Act, 1947) for acts of misconduct not connected with a pending dispute.

Ratio Decidendi

The Tribunal erred in assuming the powers of an appellate authority, reviewing the adequacy of evidence and findings of fact, rather than limiting itself to statutory questions under Section 33(2)(b); as all statutory conditions were satisfied, approval to the dismissals should have been granted.

Court Disposition

Appeal allowed

Orders

  • Order of the Tribunal set aside
  • Approval is accorded to the action taken by the appellant under s. 6E