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Application No. 7 of 1974, decided on 14th January 1974.

----S. 47-Dismissal of office-bearer of workers Union-Application for permission maintainable only during pendency of industrial dispute Industrial dispute pending before Court decided during pendency of application seeking permission-Application, in circumstances, held, became infructuous.

S. M. Yaqoob for Appellant.

S. Aijaz Hussain Rizvi for Respondent.

The applicant Management had filed this application under section 47 of I. R. O. requesting for permission to dismiss the respondent against whom the charge of misconduct was established but because an Industrial Dispute was pending in this Court, they could not take any action without obtaining the permission of this Court.

The respondent in the Reply Settlement had denied the allegations, and asserted that he had been victimized because he is the President of the Union, and served a charter of demands on the Company therefore, a false charge-sheet was drawn against him. The parties had filed their Affidavits-in-evidence and were cross-examined by their respective re presentatives.

Under section 47 of I. R. O. no employer shall, while any concilia tion proceedings or proceedings before an Arbitrator, a Labour Court or Tribunal in respect of an industrial dispute are pending, alter to disadvantage of any office-bearer of the Union the conditions of service applicable to him before the commencement of the conciliation proceedings or of the proceedings before the Arbitrator, the Labour Court or Tribunal, as the case may be. It is an admitted fact that the industrial dispute was pending but the same has, however, been decided and disposed of, as such the question for dismissing the respondent does not arise, and this application has become infructuous.

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