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PETITIONER: DELHI CLOTH AND GENERAL MILLS CO., LTD.
Vs.
RESPONDENT: SHRI RAMESHWAR DYAL AND ANR.
DATE OF JUDGMENT: 22/11/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. GAJENDRAGADKAR, P.B. SARKAR, A.K.
CITATION: 1961 AIR 689 1961 SCR (2) 590
ACT: Industrial Dispute--Dismissed workman--Interim reinstatement by Tribunal--If valid--The Industrial Disputes Act, 1947 (14 of 1947), s. 33A.
HEADNOTE: One Sharda Singh, respondent, who was an employee of the appellant-mills was dismissed for disobeying the orders of the managing authority. He filed an application before the Industrial tribunal under S. 33-A of the Industrial Disputes Act, 1947, contesting his dismissal on various grounds, whereupon the tribunal passed an order to the effect that as an interim measure the respondent be permitted to work in the appellant mills and if the management failed to take him back his full wages be paid from the date he reported for duty. The appellant mills then filed a Writ Petition before the High Court contesting the interim order of the Tribunal and the High Court held that the interim relief granted to the respondent was justified. On appeal by a certificate of the High Court, Held, that the interim order passed by the tribunal reinsta- ting the respondent was erroneous. Such an interim relief could not be given by the Tribunal as it would amount to prejudging the respondent...