BANGALORE METROPOLITAN Vs. B.K. SAMANGI

JUDGEMENT

(1.) This intra court appeal is filed challenging the order dtd. 14/9/2018 passed by the learned Single Judge of this Court in W.P.No.31337/2018.

(2.) Heard the learned counsel appearing for the parties and also perused the material available on record.

(3.) Brief facts leading to filing of this appeal as revealed from the records are, the respondent-workman who was working as a Driver with the appellant- Corporation had remained unauthorizedly absent without submitting any leave application for a period from 1/5/2009 onwards till 23/2/2012, the date on which dismissal order was passed by the Disciplinary Authority accepting the findings of the Enquiry Officer. Thereafter, the appellant had paid a sum of Rs.16,016.00 vide a cheque to the respondent towards one month salary and also filed an application under Sec. 33(2)(b) of the Industrial Disputes Act, 1947 ( hereinafter referred to as 'the Act of 1947' for short) in I.D.No.148/2005 which was filed by the Union for grant of charter of demands. The application filed by the appellant-Corporation under Sec. 33(2)(b) of the Act of 1947 was numbered as SLA No.227/2012. The Industrial Tribunal had framed a issue regarding validity of the domestic enquiry and vide order dtd. 2/1/2016 had held that enquiry was held against the respondent in fair and proper manner. Thereafter, the application filed under Sec. 33(2)(b) of the Act of 1947 for approval was considered by the Industrial Tribunal (hereinafter referred to as 'the Tribunal' for short) and vide order dtd. 7/5/2018, the said application was dismissed on the ground that the dismissal of the workman from service was victimization and the employer had adopted unfair labour practice. Being aggrieved by the said order, the appellant herein had filed W.P.No.31337/2018 before this Court which was dismissed by the learned Single Judge at the stage of admission itself. The said order passed by the learned Single Judge is assailed in this intra court appeal.