ATHERTON WEST & CO. LTD. vs SUTI MILL MAZDOOR UNION AND OTHERS.

The Supreme Court ruled that under clauses 4 and 7(3) of Notification No. 781 (L)/XVIII issued by the U.P. Government, the absence of a member of the Regional Conciliation Board during the last hearing does not invalidate the award. It further held that the dismissal of workmen does not cease to be an industrial dispute simply because the Regional Conciliation Officer granted permission for dismissal; such permission only lifts the ban on dismissal during ongoing proceedings. The Court upheld the validity of the award made by the Board despite the absence of one member.