Case: M/S Bihar Caustic And Chemical Ltd Vs. Lallandeo Singh

The respondent was working as a security guard. While he was on duty, the Managing Director of thewas assaulted by three workers. The respondent failed to take any preventive action against the miscreants. Consequently, awas issued against the respondent for the said act of misconduct. Since the respondent refused to accept theet was issued against him. He tendered his reply to the firstThe explanation offered by him was not found satisfactory and a domestic enquiry was held against him. He was found guilty of misconduct. On the basis of the findings of the enquiry officer, the respondent washad been taken against the respondent in an earlier case. Hence, he raised an industrial dispute and the reference was pending before the Industrial Tribunal. The Management filed an application under Section 33(2)(b) of the Industrial Disputes Act 1947 seeking approval of the action of dismissal taken against the respondent for not preventing the miscreants from assaulting the Managing Director. The Industrial Tribunal dismissed the application thereby declining the approval of the action taken by theby the said order, the appellant filed a writ petition before the High Court which was dismissed by a learned Single Judge. The Management thereafter filed a Letters Patent Appeal.

Reasoning:
In view of the fact that a settlement has already been arrived at between the parties which is not controverted by either of the parties, we set aside the order passed by the Division Bench of the High Court and hold that the appeal before the High Court shall be deemed to have been disposed of in terms of the settlement arrived at between the parties, the terms of which are mentioned in I.A. No.1072 of 2004 in L.P.A.No.847 of 2003.