CHIEF TRAFFIC MANAGER BMTC, CENTRAL OFFICES, K.H. ROAD, BANGALORE-27, REP. BY CHIEF LAW OFFICER, BMTC Vs. SKI SYED NAVEED S/O SYED SATTAR

JUDGEMENT

(1.) THE Public Road Transport Corporation aggrieved by the award dated 31.3.2011, of III Additional Labour Court, Bangalore, in Reference No.44/2009, directing reinstatement with 50% back wages and consequential benefits, has presented this petition.

(2.) THERE can be no dispute that the respondent is a concerned workman, in I.D.No. 148/2005, pending before the Industrial Tribunal, relating, to adjudication of an industrial dispute over the charter of demands of workmen, espoused by a Trade Union and therefore, it was mandatory for the petitioner Corporation to obtain prior approval of the Industrial Tribunal under Section 33(2)(b) of the Industrial Disputes ACT, 1947, and having not done so, the order of termination from service is non -est and inoperative, in the light of the decision of the Apex Court in Jaipur Zilla Saha kari Bhoomi vikas Bank Limited Vs. Ram Gopal sharma and others reported in 2002 LLJ 834.

(3.) SRI L.Shekar, leamed counsel for the respondent submits that the workman was reinstated into service by order dated 26.10.2031 and is giving up the claim for 50% of back wages as awarded, to put an end to the litigation.