Industrial Dispute-Proposed dismissal of workmen-Pending dispute-Permission not sought-Reference to adjudication-Validity of-U. P. Industrial Disputes Act, 1947 (U. P. 28 of 1947), ss. 3 and 8-Government Order dated March 10, 1948, cls. 5(a), 23.

Under ss. 3 and 8 of the U. P. Industrial Disputes Act, 1947 the Governor issued an Order dated March 10, 1948, making detailed provisions for the settlement of Industrial Disputes. Clause 5(a) of the Government Order empowered, among others, a recognised association of employers to refer an industrial dispute for adjudication to the Conciliation Board. Clause 23 provided that no employer shall discharge or dismiss any workman during the pendency of an inquiry except with the written permission of the Regional Conciliation Officer, and cl. 26 provided for penalties for contravention oi cl. 23. The appellant proposed to dismiss certain workmen. Though at the time there was a dispute pending inquiry, the appellant did not seek permission under cl. 23 to dismiss the workmen; but the Employers' Association of Northern India made an application under cl. 5(a) to the Board to adjudicate and give an award that the appellant was entitled to dismiss the workmen. The workmen contended that the reference under cl. 5(a) was incompetent as the appellant had not first taken proceedings under cl. 23.