UB MAC BATTERIES LIMITED Vs. T RAJENDRAN

JUDGEMENT

(1.) The petitioner has presented this petition praying for quashing the order of the Industrial Tribunal. Bangalore dismissing the application presented by it under S. 33(2)(b) of the Industrial Disputes Act.

(2.) The petition has come up for preliminary hearing. Sri G. S. Rao who has filed caveat of R-1, appeared for the 1st respondent.

(3.) The facts of the case in brief are these : The 1st respondent was an employee of the petitioner. He was appointed on 1-9-75. Disciplinary proceedings were instituted against him on, the charge of committing theft of 13.5 K gs. of lead grids belonging to the factory. The 1st respondent was placed under suspension on 9-12-81. In the enquiry held by the petitioner, the 1st respondent was found guilty. The management imposed the penalty of dismissal from service against him on 29 8-83. As certain industrial dispute attracting the provisions of S 33 (2)(b) of the I.D, Act was pending before the Industrial Tribunal Bangalore, the petitioner was obliged to file an application for obtaining the approval of the Tribunal to the order of dismissal made against the 1st respondent. Accordingly on 29-8-83 itself after serving a copy of the dismissal order on the 1st respondent, an application was made by the petitioner before the Tribunal. As required by the said provision, according to the petitioner, one month's salary amounting to Rs. 736-20 ps. was also paid to the 1st respondent. Before the Industrial Tribunal, the 1st respondent raised several objections One of them was that the amount of wages paid by the petitioner was short by Rs. 9/- which he was entitled to get as night shift allowance and therefore the application for approval should be rejected for non-compliance of the said mandatory requirement of S. 33(2){b) of the I.D. Act. The Tribunal by its order dated 28-9-83 not only accepted the above contention of the 1st respondent but also accepted the two other grounds urged by the 1st respondent and dismissed the application of the petitioner. Aggrieved by the said order the petitioner has presented this petition.