NARAYANA KAMATH Vs. GANAPATHI KAMATH

JUDGEMENT

(1.) In this writ petition, under Art. 227 of the Constitution, the petitioner seeks to get quashed the order passed by respondent 2 in Sl. No. 8 of 1963 on his file by issuing a writ of certiorari.

(2.) Serial No. 8 of 1963 on the file of respondent 2 was an application made by the petitioner under S. 33(2)(b) of the Industrial Disputes Act, 1947, seeking approval of respondent 2 for dismissal of respondent 1 which had been ordered on 25 March, 1963. Respondent 2 refused to accord the approval prayed for. Hence this petition.

(3.) The material facts of the case are these : Respondent 1 was a checking inspector serving under the petitioner. He was charged with as many as five items of misconduct and in respect of those charges, an enquiry, was held by the petitioner. At the enquiry, the petitioner came to the conclusion that respondent 1 was guilty of those charges. Therefore, he dismissed respondent 1 from service after complying with the requirements of the law and, thereafter, applied to respondent 2 for approval under S. 33(2)(b), as there was an industrial dispute pending between the petitioner and its workmen. As mentioned earlier, respondent 2 refused to accord the approval prayed for.