DESH RAJ GUPTA vs INDUSTRIAL TRIBUNAL IV, U.P. LUCKNOW AND ANOTHER

The Supreme Court held that under Section 4K and Section 6F of the U.P. Industrial Disputes Act, 1947, the dismissal of an employee during the pendency of a reference is invalid if principles of natural justice are violated. The Court found that while the Tribunal's request for the employer to justify the punishment was not illegal, the employee was entitled to salary from the date of dismissal until the award due to the initial finding of an illegal domestic inquiry. The appeal was allowed in part, affirming the Tribunal's decision but clarifying the employee's entitlement to back salary.