KANAKAPPA Vs. DIVISIONAL CONTROLLER NEKRTC

JUDGEMENT

(1.) The petitioner is before this Court assailing the award dated 20.03.2014 passed in Reference No.27/2012.

(2.) The petitioner who was working as a conductor in the respondent Corporation was dismissed from service on 11.11.2011 on the charge of unauthorized absence from 24.06.2010 to 07.01.2011. The petitioner had raised a dispute before the labour Court in Reference No.27/2012. The labour Court by the award dated 20.03.2014 has rejected the reference. It is in that view the petitioner is before this Court.

(3.) Among other contentions which have been urged by the learned counsel for the petitioner to assail the award passed by the labour Court, would also contend that the labour Court has not kept in view the fact that as on the date of the dismissal of the petitioner a main dispute between the Union and the respondent Corporation was pending consideration in I.D.No.148/2005. In that view, if at all the respondent Corporation was to pass a dismissal order against the petitioner, the approval as contemplated under Section 33 (2)(b) of the Industrial Disputes Act, 1947 (for short 'the Act') was to be obtained by the respondent Corporation. In the instant case admittedly the respondent Corporation has not obtained such approval.