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PETITIONER: LAXMI DEVI SUGAR MILLS
Vs.
RESPONDENT: NAND KISHORE SINGH.
DATE OF JUDGMENT: 04/10/1956
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA DAS, S.K. MENON, P. GOVINDA
CITATION: 1957 AIR 7 1956 SCR 746
ACT: Industrial Dispute-Application for permission to dismiss a workman-Resolution passed at a meeting of the Labour Union for removal of the General Manager-Vice President of the Union addressing the meeting to instigate the workers, if guilty of misconduct and indiscipline-Refusal to answer queries by the General Manager, if an act of insubordination-Theory of dual capacity, if tenable- Dismissal, if can be permitted on a ground not included in the charge -Industrial Disputes (Appellate Tribunal) Act (XLVIII of 1950) -U. P. Industrial Disputes Act, 1947 (U. P. Act XXVIII of 1947),a. 3, Standing Orders, cl. L(1)(j).
HEADNOTE: The respondent, a stenotypist and the Vice-President of the Labour Union, was charged by the appellant with misconduct and indiscipline under clause L(1)(j) of the Standing Orders of the Government of Uttar Pradesh for instigating the workmen to pass a resolution for the removal of the General Manager by a defamatory speech delivered at a meeting of the Union. The question in issue was whether the respondent by doing so had committed "any act subversive...