Case Note & Summary
This batch of six writ petitions under Article 226 of the Constitution of India arises from orders of the Industrial Tribunal granting approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 for the dismissal of three workmen by their employer, Bombay Khadi & Village Industries Association. The employer had issued two chargesheets dated 26th October 1987 and 28th April 1988 initiating disciplinary proceedings against the workmen. During the pendency of these proceedings, a third incident occurred on 15th April 1989, in which the chargesheeted workmen were allegedly involved in acts of violence on the establishment premises. Based on this incident, the employer passed an order of dismissal on 24th April 1989. The employer then sought approval from the Industrial Tribunal under Section 33(2)(b) of the Industrial Disputes Act, 1947, which was granted. The workmen challenged the Tribunal's order by filing writ petitions in the Bombay High Court. The High Court, presided over by Dr. D.Y. Chandrachud, J., considered whether the Tribunal's decision to grant approval was perverse or based on no evidence. The court noted that the Tribunal had considered the evidence, including the chargesheets and the incident of violence, and found that the employer had made out a prima facie case for dismissal. The High Court held that there was no perversity in the Tribunal's finding and that the approval was justified. Consequently, the writ petitions were dismissed, and the dismissal of the workmen was upheld.
Headnote
A) Industrial Law - Section 33(2)(b) of the Industrial Disputes Act, 1947 - Approval for Dismissal - The employer sought approval for dismissal of workmen after disciplinary proceedings involving chargesheets dated 26th October 1987 and 28th April 1988, and a subsequent incident of violence on 15th April 1989. The Industrial Tribunal granted approval, which was challenged by the workmen. The High Court upheld the approval, finding no perversity in the Tribunal's decision. (Paras 1-3)
B) Industrial Law - Misconduct - Acts of Violence - The third incident on 15th April 1989 involved the chargesheeted workmen in acts of violence on the establishment premises. The employer dismissed the workmen on 24th April 1989. The High Court held that the Tribunal's finding of misconduct was based on evidence and not perverse. (Paras 1-3)
Issue of Consideration
Whether the Industrial Tribunal was justified in granting approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 for the dismissal of three workmen based on charges of misconduct including acts of violence.
Final Decision
The High Court dismissed the writ petitions, upholding the Industrial Tribunal's order granting approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 for the dismissal of the workmen.
Law Points
- Section 33(2)(b) of the Industrial Disputes Act
- 1947
- approval for dismissal
- acts of violence
- disciplinary proceedings
- chargesheet
- domestic enquiry
- Industrial Tribunal
- writ jurisdiction under Article 226 of the Constitution of India
Case Details
Writ Petition No.1561 of 2004 with Writ Petition Nos.2575, 1560, 2576, 1562 & 2766 of 2004
Mr. C. U. Singh, Senior Advocate with Ms. Melanie D'Souza, Mr. Mahesh Londhe and Ms. Neha Singh i/b. Sanjay Udeshi & Co. for the Petitioners; Mr. P. K. Rele, Senior Advocate with Mr. Tayde and Mr. R. P. Rele i/b. Mr. Piyush Shah for the Respondent
Vinayak Shejwadkar, Gurunath N. Prabhu, Sham V. Khanvilkar (in respective petitions)
Bombay Khadi & Village Industries Association
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Nature of Litigation
Writ petitions under Article 226 of the Constitution of India challenging orders of the Industrial Tribunal granting approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 for dismissal of workmen.
Remedy Sought
The workmen sought to quash the Industrial Tribunal's order granting approval for their dismissal.
Filing Reason
The workmen were dismissed by their employer after disciplinary proceedings and an incident of violence, and the Industrial Tribunal granted approval for the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947.
Previous Decisions
The Industrial Tribunal granted approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 for the dismissal of the workmen.
Issues
Whether the Industrial Tribunal was justified in granting approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 for the dismissal of the workmen.
Submissions/Arguments
The workmen argued that the Industrial Tribunal's order was perverse and based on no evidence.
The employer contended that the Tribunal correctly granted approval based on the chargesheets and the incident of violence.
Ratio Decidendi
The Industrial Tribunal's decision to grant approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 for dismissal of workmen was not perverse and was based on evidence of misconduct including acts of violence. The High Court, in exercise of writ jurisdiction under Article 226, will not interfere with such findings unless they are perverse or based on no evidence.
Judgment Excerpts
This batch of six Writ Petitions under Article 226 of the Constitution of India arises out of orders passed by the Industrial Tribunal by which approval was granted under Section 33(2)(b) of the Industrial Disputes Act, 1947 to the dismissal of three workmen.
The action of the employer was preceded by two chargesheets dated 26th October 1987 and 28th April 1988 by which disciplinary proceedings were convened.
During the pendency of the disciplinary proceedings, a third incident took place on 15th April 1989 involving, according to the employer, the chargesheeted workman in acts of violence on the premises of the establishment.
Procedural History
The employer issued chargesheets on 26th October 1987 and 28th April 1988. During the pendency of disciplinary proceedings, an incident of violence occurred on 15th April 1989. The employer dismissed the workmen on 24th April 1989 and sought approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 from the Industrial Tribunal, which granted approval. The workmen filed writ petitions in the Bombay High Court challenging the Tribunal's order.
Acts & Sections
- Industrial Disputes Act, 1947: 33(2)(b)
- Constitution of India: Article 226
