1976 INSC 0167
                                        SUPREME COURT OF INDIA

                                           Carborandum Universal Ltd.

                                                           Vs.

                                                R. Balasubramanian

                                               C.A.No.1537 of 1975

                      (Y. V. Chandrachud, V. R. Krishna Iyer and N. L. Untwalia, JJ.)

                                                      08.04.1976

                                                       ORDER

1. The order passed by the appellants on November 28, 1972 dismissing the respondents 1 to 3 viz.,
R. Balasubramanian, S. S. Kar and J. J. Tanna, will stand withdrawn.

2. The appellants shall be at liberty to hold a fresh enquiry against respondents 1 to 3 on the basis of
the charges which formed the subject-matter of the earlier enquiry. Evidence already recorded in the
earlier enquiry may be taken into consideration in the fresh enquiry. The appellants and respondents
1 to 3 shall be at liberty to adduce fresh evidence in the enquiry which may be held hereafter.

3. The appellants shall dipose of the fresh enquiry on the basis of the evidence which is already on
record and such evidence which may hereafter be taken on record as stated in Cl. (2) above.
Respondents 1 to 3 will be at liberty to cross-examine the witnesses examined by the appellants in
the earlier enquiry. The appellants shall be liable to offer only those witnesses for cross-examination
by respondents 1 to 3 as are still in the appellants' employment.
4. The enquiry shall be held by the appellants on the basis that respondents 1 to 3 were not and shall
not be deemed to be protected workmen at the time when the enquiry was and will be held or at the
time when any action in pursuance of that enquiry was or will be taken.

5. The appellants shall pay to respondents 1 to 3 back wages and such allowances as may be
payable, as if they were in service all along with effect from November 28, 1972 until the disposal
of the enquiry by the Enquiry Officer. The amounts thus due to respondents 1 to 3 shall be paid by
the appellants in two equal monthly instaments the first of such instalments being payable on or
before the 7th May, 1976 and the other on or before 7th June, 1976.

6. Respondents 1 to 3 will remain suspended till the disposal of the enquiry by the Enquiry Officer.

7. Respondents 1 to 3 agree to co-operate with the enquiry and shall not ask for any unnecessary
adjournments.

8. It will be open to respondents 1 to 3 to pursue their remedies according the law against the order
whch may be passed in the enquiry.
P. O.:

9. Since the order of dismissal dated November 28, 1972 stands withdrawn and since that order
forms the basis of the prosecution instituted against the appellants under Section 31 (1) of the
Industrial Disputes Act, the prosecution shall be dropped. The learned Judicial Magistrate, First
Class, Dwaraka, who is seized of the prosecution (Case No. 404 of 1973) will pass appropriate
orders terminating the prosecution.

10. Reference No. 80 of 1973 pending in the Labour Court, Ahmedabad, in so far as it relates to
respondents 1 to 3 shall also stand terminated. The learned Judge of the Labour Court will pass
appropriate orders in that behalf.

11. Consequently the application filed by the appellants under the proviso to S. 33 (2) (b) for
approval of the order of dismissal passed by them shall stand disposed of in so far as it relates to
respondents 1 to 3.
12. Further proceedings in the application find by respondents under S. 33-A of the Industrial
Disputes Act will be dropped.

13. The appellants will pay a sum of Rs. 2,000/- to the respondents in full and final settlement of
costs of the present proceedings. Respondents 1 to 3 may recover the amount by withdrawing the
sum of Rs. 2000/- deposited by the appellants in the Court by way of security for costs.

         Order accordingly.