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PETITIONER: MCKENZIE & CO. LTD.
Vs.
RESPONDENT: ITS WORKMEN AND OTHERS
DATE OF JUDGMENT: 17/10/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. IMAM, SYED JAFFER DAS, S.K.
CITATION: 1959 AIR 389 1959 SCR Supl. (1) 222 CITATOR INFO : F 1960 SC 160 (28) R 1961 SC1158 (12)
ACT: Industrial Dispute-Illegal strike-Enquiry by company- Rejection by Tribunal of application for Permission to dismiss workmen-Fresh enquiry if barred-Notice of enquiry, how to be effected -Dismissal after fresh enquiry- jurisdiction of Tribunal- If can interfere with decision of company-lndustrial Disputes Act (XIV Of 1947), s. 33.
HEADNOTE: During the pendency of the adjudication of a reference be- fore the Industrial Tribunal, the workmen illegally confined the works manager and went on strike. The company issued notices to the workmen to resume work immediately but they refused. The company declared a lock out and served charge sheets on the workmen calling upon them to submit their explanations. No explanation having been submitted the company held an enquiry and found the workmen guilty of gross misconduct amounting to major misdemeanour which merited dismissal. The company applied to the Tribunal under S. 33 Of the Industrial Disputes Act for permission to dismiss the workmen. The Tribunal ...