Md. Akhtar Hussain Vs. State of Bihar & Ors.
EmailAppeal: Civil Appeal No. 5076 of 1985.
Petitioner: Md. Akhtar Hussain
Respondent: State of Bihar & Ors.
Apeal: Civil Appeal No. 5076 of 1985.
Judges: E.S. VENKATARAMIAH & K.N. SINGH, JJ.
Date of Judgment: Nov 25, 1987
Head Note:
INDUSTRIAL DISPUTES ACT, 1947:
Sections 33 and 33A – Removal from service – Alleged acts of misconduct – No inquiry held into the acts of misconduct attributed to the appellant – The management contravened section 33 and exposed itself for action under section 33A – Judgment of High Court and award passed by the Labour Court set aside – Appellant reinstated in service.
JUDGEMENT:
O R D E R
1. We have heard the learned counsel for the parties. The appellant was removed from service on 17.3.1983 during the pendency of Reference No.27/1982 before the Industrial Tribunal, Patna. We are satisfied that the foundation for the removal of the appellant from service in this case is the alleged acts of misconduct said to have been committed by him. No inquiry had been held into the acts of misconduct attributed to him before discharging the appellant from service and the approval of the Tribunal had not been taken. It is therefore clear that the management in this case had contravened section 33 of the Industrial Disputes Act, 1947 and has exposed itself for action under section 33A of the said Act. The Labour Court was in error in the facts and circumstances of the case in holding that section 33 had not been contravened. We, therefore, set aside the judgment of the High Court and the award passed by the Labour Court and direct that the appellant shall be reinstated in service in the post which he was holding before his services were terminated. He shall also be entitled to 50% of his backwages from the date of termination of service upto the date of his reinstatement. He shall be reinstated within two weeks. The backwages shall be paid within four weeks.
2. The appeal is accordingly allowed. No costs.
Appeal allowed.
1. We have heard the learned counsel for the parties. The appellant was removed from service on 17.3.1983 during the pendency of Reference No.27/1982 before the Industrial Tribunal, Patna. We are satisfied that the foundation for the removal of the appellant from service in this case is the alleged acts of misconduct said to have been committed by him. No inquiry had been held into the acts of misconduct attributed to him before discharging the appellant from service and the approval of the Tribunal had not been taken. It is therefore clear that the management in this case had contravened section 33 of the Industrial Disputes Act, 1947 and has exposed itself for action under section 33A of the said Act. The Labour Court was in error in the facts and circumstances of the case in holding that section 33 had not been contravened. We, therefore, set aside the judgment of the High Court and the award passed by the Labour Court and direct that the appellant shall be reinstated in service in the post which he was holding before his services were terminated. He shall also be entitled to 50% of his backwages from the date of termination of service upto the date of his reinstatement. He shall be reinstated within two weeks. The backwages shall be paid within four weeks.
2. The appeal is accordingly allowed. No costs.
Appeal allowed.
