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PETITIONER: ROHTAS INDUSTRIES LTD.
Vs.
RESPONDENT: BRIJNANDAN PANDEY.
DATE OF JUDGMENT: 11/10/1956
BENCH: DAS, S.K. BENCH: DAS, S.K. BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA MENON, P. GOVINDA
CITATION: 1957 AIR 1 1956 SCR 800
ACT: Industrial Dispute-Temporary employees-Discharge of workmen- Application before the Labour Appellate Tribunal-Scope of enquiry-Discretion of the Tribunal-Industrial Disputes (Appellate Tribunal) Act, 1950 (XLVIII of 1950), s. 22.
HEADNOTE: The scope of an enquiry under s. 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950, is whether there is a prima facie case made out for the proposed discharge of the workman and the employer has not resorted to any unfair practice or victimisation. Though an Industrial Tribunal can create new obligations or modify contracts in the. interests of industrial peace or to prevent unfair practice or victimisation, its discretion has to be exercised in accordance with well recognised principles and it cannot ignore altogether an existing agreement or existing obligations. The Automobile Products of India Ltd. v. Rukmaji Bala ([1955] 1 S.C.R. 1241) and Atherton West & Co. Ltd. v. Suti Mill Mazdoor Union, ([1953] S.C.R. 780), relied on. Where, as in the present case, the Labour Appellate Tribunal did not direct its mind to the real question to be decided on an application...