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The Goa Mrf Employees Union, A ... vs Mrf Ltd., A Company Incorporated Under ... on 2 May, 2003 cites

The Management Of Hotel Imperial, New ... vs Hotel Workers' Union on 21 May, 1959

(e). I am unable to agree with Mr. Sardessais submission that the observations of the Supreme Court are neither ratio nor obiter dicta. The question whether interim reliefs could be granted in proceedings under Section 10 or not squarely fell for consideration. The observations regarding the power to grant interim reliefs can hardly be said to be mere casual observations. They constitute at the very least, obiter dicta. Thus, in my view, the Supreme Court in the case of Hotel Imperial (supra), held that under Section 10(4) the tribunal has the power to grant interim reliefs, including in the nature of injunctions.
Supreme Court of India Cites 15 - Cited by 349 - K N Wanchoo - Full Document

Delhi Cloth And General Mills Co., Ltd vs Shri Rameshwar Dyal And Anr on 22 November, 1960

(c). The Division Bench of the Kerala High Court overruled the judgment of the learned Single Judge. After referring to the judgment in the Delhi Cloth & General Mills case (supra), it held that the tribunal was invited by the respondent to grant an order virtually granting the very relief that had been sought for in the complaint filed under Section 33A. It further held that Section 33A does not contemplate the grant of "such anticipatory relief for prevention of any apprehended contravention of S. 33"; that if and when it is established before the tribunal that there has been in fact a contravention of Section 33 of the Act by the employer, the tribunal will, in such event, pass appropriate orders granting effective relief to the workmen so as to obliterate the consequence that may have resulted from the act of the management performed in contravention of Section 33 of the Act and that it is only to this extent that the jurisdiction of Section 33A of the Act stretches. The Division Bench observed as follows:-
Supreme Court of India Cites 4 - Cited by 135 - K N Wanchoo - Full Document

Punjab National Bank And Ors vs All India New Bank Of India Employees' ... on 11 February, 1997

That final order would be passed only if the employer fails to justify the dismissal before the tribunal, either by showing that proper domestic inquiry was held which established the misconduct or in case no domestic inquiry was held by producing evidence before the tribunal to justify the dismissal : See Punjab National Bank Ltd. vs. All-India Punjab National Bank Employees Federation, where it was held that in an inquiry under S. 33A, the employee would not succeed in obtaining an order of reinstatement merely by proving contravention of S. 33 by the employer. After such contravention is proved it would still be open to the employer to justify the impugned dismissal on the merits. That is a part of the dispute which the tribunal has to consider because the complaint made by the employee is to be treated as an industrial dispute and all the relevant aspects of the said dispute fall to be considered under Section 33A. Therefore, when a tribunal is considering a complaint under S. 33A and it has finally to decide whether an employee should be reinstated or not, it is not open to the tribunal to order reinstatement as an interim relief, for that would be giving the workman the very relief which he could get only if on a trial of the complaint the employer failed to justify the order of dismissal. The interim relief ordered in this case was that the workman should be permitted to work : in other words he was ordered to be reinstated; in the alternative it was ordered that if the management did not take him back they should pay him his full wages. We are of the opinion that such an order cannot be passed in law as an interim relief, for that would amount to giving the respondent at the outset the relief to which he would be entitled only if the employer failed in the proceedings under S. 33A.
Supreme Court of India Cites 8 - Cited by 60 - Full Document
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