BHARAT EARTH MOVERS LIMITED Vs. DHARMAN

JUDGEMENT

(1.) The Petitioner-Bharat Earth Movers Limited ('the BEML' for short) has presented this Writ Petition praying for quashinp the order of the industrial Tribunal, Bangalore, dismissing the application of the petitioner filed under S. 23.3 (2) (b) of the Industrial Dispute Act ('the Act') for short).

(2.) The facts of the case in brief, are as follows:- The first respondent was an employee of the BEML. Disciplinary proceedings were instituted against him on certain charges on 16-5-1979 and with effect from the same date he was placed under suspension. At the conclusion of the disciplinary proceedings, the firs' respondent having been found guilty of the charge framed against him, the petitioner made an order imposing the penalty of dismissal from service against the first respondent. But as certain industrial disputes were pending between the workmen of the petitioner and the petitioner, an application was filed under S. 33 (2) (b) of the Act before the Industrial Tribunal, Bangalore, seeking approval of the Tribunal.

(3.) Along with the dismissal order the petitioner had also tendered an amount of Rs. 693 being one month wages in terms of the proviso to S. 33 (2) (b) of the Act.