CASE ANALYSIS FOR THE PRINCIPLE OF NOSCITUR A SOCIIS: PUNJAB BEVERAGES PVT. LTD., V. SURESH CHAND AND ANR, 1978
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Abstract
- The first respondent was a workman employed as an operator in the undertaking of the appellant from 1st March, 1970 and he was in receipt of Rs. 100/- per month as salary.
- On 21st December, 1971 the 1st respondent was suspended by the appellant and a charge sheet was served upon him and before any inquiry on the basis of this charge sheet could be held, another charge sheet was given to him on 17th April, 1973. This was followed by a regular inquiry and ultimately the appellant, finding the 1st respondent guilty, dismissed him from service by an order dated 23rd December, 1974.
- At the time when the 1st respondent was dismissed from service, an industrial ,dispute was pending before the Industrial Tribunal at Chandigarh, and therefore, in view of the provisions contained in Section 33 (2) (b) of the Act, the appellant immediately approached the Industrial Tribunal, 'before which the industrial dispute was pending, for approval of the action taken by it.
- But before it came up for hearing, the appellant applied to the Indus- trial Tribunal for withdrawing the application and the Industrial Tribunal thereupon made an order on 4th September, 1976 dismissing the application as withdrawn.
- The 1st respondent then demanded from the appellant full wages from the date of his suspension till the date of demand contending that as the action of the appellant dismissing
the 1st respondent was not approved by the Industrial Tribunal, the 1st respondent continued to be in service and was entitled to all the emoluments.
- The 1st respondent made an application to the labour Court under section 33C(2) for determination and payment of the amount of wages due to the 1st respondent from the date of suspension, on the ground that the appellant not having obtained the approval of the Industrial Tribunal to the dismissal of the list respondent under section 33 (2) (b), the order of dismissal was void and the 1st respondent continued to be in service and was entitled to receive his wages from the appellant.
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