DIVISIONAL CONTROLLER BMTC, BANGALORE CENTRAL DIVISION, K.H. ROAD, BANGALORE-27, NOW REP. BY ITS CHIEF LAW OFFICES, KSRTC, CENTRAL OFFICE SHANTHINAGAR, SARIGE SADANA BANGALORE-27 Vs. T. RAMU, S/O. THIMMEGOWDA

JUDGEMENT

(1.) THE Public Road Transport Corporation aggrieved by the award dated 28.1.2011, of the III Additional Labour Court, Bangalore, in. I.D.No.9/2010, 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 in non -est and inoperative in the light of the decision of the Apex Court in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. Vs. Ram Gopal Sharma and Others, AIR 2002 SC 643 .

(3.) SRI L.Shekar,learned counsel for the respondent submits that the workman was reinstated into service by order dated 26.10.2011 and is giving up the claim for 50% of back wages as awarded, to put an end to the litigation.