DTC Vs. RANBIR SINGH

JUDGEMENT

(1.) BY way of this writ petition the petitioner-management challenged the decision of the Industrial Tribunal-II in O.P.No. 331/94 whereby its application under Section 33(2) (b) of the Industrial Disputes Act(`the ID Act') seeking approval of its action taken for the removal of the respondent-workman from its service because of his having committed a serious act of misconduct had been rejected and approval of its said action taken was declined. The approval from the Industrial Tribunal was sought by the petitioner-management because of the pendency of some industrial dispute between the petitioner- management and its workmen in which the respondent-workman was also interested.

(2.) THE petitioner's case before the Industrial Tribunal was that it had ordered the removal of the respondent because of his having committed serious act of misconduct of which was found guilty also in the departmental enquiry which had been ordered by the management.

(3.) THE learned Industrial Tribunal decided the controversy regarding the validity of the inquiry as a preliminary issue and decided the same against the petitioner-management vide its order dated 23rd October,2002. THEreafter, opportunity was given to the petitioner- management to adduce evidence before the Tribunal itself for establishing the alleged misconduct of the respondent-workman. It is not in dispute that the petitioner-management had not led any evidence thereafter and consequently the approval application came to be rejected vide order dated 1st July,2003. 4. Feeling aggrieved, the petitioner-management filed the present writ petition in which it had sought quashing of not only the final order dated July 1, 2003 passed by the Industrial Tribunal whereby its approval application was rejected but also the earlier order dated 23rd October, 2002 whereby the issue of inquiry was decided against it.