DIVISIONAL CONTROLLER Vs. BHIMARAYA

JUDGEMENT

(1.) This writ petition is directed against the award in Ref. No. 78/2008 dated 4.2.2011 passed by the Presiding Officer, Labour Court, Gulbarga. The respondent had been working with the petitioner Corporation as a Driver. Disciplinary proceedings was initiated against him on certain grounds. After holding an enquiry, the Corporation dismissed him from service on 28.2.2008. The workman challenged the said order by filing a claim petition before the Labour Court in Ref. No. 78/2008. The Labour Court by its order at Annexure-B dated 4.2.2011 has set aside the order of dismissal of the Corporation and directed the Corporation to reinstate the workman into service with continuity of service, without any backwages.

(2.) I have heard the learned Counsel for the parties.

(3.) It is not in dispute that an industrial dispute relating to charter of demands in I.D. No. 148/2005 in which the workman is concerned is pending before the Industrial Tribunal at Bangalore. The workman was dismissed from service during the pendency of the said dispute. It is also not in dispute that the Corporation has not complied with the statutory requirements contained in the proviso to Section 33(2)(b) of Industrial Disputes Act, 1947 (for short 'the Act') before passing the order of dismissal. Thus, the order of dismissal is void and inoperative.