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PETITIONER: PATNA ELECTRIC SUPPLY CO., LTD., PATNA.
Vs.
RESPONDENT: BALI RAI & ANOTHER.
DATE OF JUDGMENT: 05/11/1957
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER KAPUR, J.L. GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 204 1958 SCR 871
ACT: Industrial Dispute-Dischage of employee-Permission granted by Industrial Tribunal-Powers of Labour Appellate Tribunal to interfere-Question of law-Appealability-Industrial Disputes Act, 1947 (14 Of 1947), s. 33-The Industrial Disputes (Appellate) Tribunal Act, 1950 (48 of 1950), s. 7.
HEADNOTE: The appellant made an application before the Industrial Tri- bunal under s. 33 Of the Industrial Disputes Act, 1947, for permission to dismiss the respondents, its employees, on the ground of misconduct under cl. 17 (b) (viii) of the appellant’s Standing 872 Orders, but subsequently, on a reconsideration of the facts, made another application praying instead for permission to discharge the respondents under cl. 14(a) of the Standing Orders. The Industrial Tribunal found that the second application was bona fide made by the appellant with the honest motive of exercising its right to discharge the respondents instead of visiting upon them th...