DORAIRAJ SPINTEX Vs. R. CHITTIBABU

JUDGEMENT

(1.) Leave granted.

(2.) The appeal arises from a judgment of a Division Bench of the High Court of Judicature at Madras dated 14 March 2018. The High Court dismissed the Letters Patent Appeal filed by the management against a judgment of a Single Judge. The Single Judge had upheld an order dated 31 March 2003 of the Assistant Commissioner of Labour, Dindigul, rejecting an application filed by the management under Sec. 33(2)(b) of the Industrial Disputes Act 1947, "ID Act". The management is in appeal.

(3.) The appellant had an establishment which was functioning in Dindigul District. An application was filed by the appellant on 16 November 2002 before the Assistant Commissioner of Labour under Sec. 33(2)(b) of the ID Act for the grant of approval of its action to dismiss thirty-one workmen against whom disciplinary proceedings had been initiated and concluded. The material facts which need to be summarized for the purpose of the present appeal are thus: On 4 July 2002, the workmen raised an industrial dispute under Sec. 2(k) of the ID Act. The dispute was taken into conciliation. While the conciliation proceedings were pending, the workers commenced a stay-in strike on 31 July 2002. On 1 August 2002, another dispute was raised by the workmen, which was taken into conciliation. The management initially suspended forty-seven workmen. A charge memo was issued to the workmen on 20 August 2002 to which there was a reply on 30 August 2002. The management commenced a domestic enquiry. After the conclusion of the enquiry, a show cause notice was issued to the workmen on 29 October 2002. On 16 November 2002, an order of dismissal was issued. Following the order of dismissal, the management filed an application for approval before the Assistant Commissioner of Labour under Sec. 33(2)(b).