LAWS(MAD)-2020-10-274

MANAGEMENT GVK EMERGENCY MANAGEMENT AND RESEARCH INSTITUTE, BEHIND LABOUR COMMISSIONERS OFFICE DMS COMPOUND, CHENNAI Vs. DEPUTY COMMISSIONER OF LABOUR, CHENNAI

Decided On October 06, 2020
Management Gvk Emergency Management And Research Institute, Behind Labour Commissioners Office Dms Compound, Chennai Appellant
V/S
DEPUTY COMMISSIONER OF LABOUR, CHENNAI Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents. Learned counsel for the writ petitioner seeks some more time to get on with the case.

(2.) However, this Court finds that at the time of admission of the Writ Petition, in W.M.P.No.20986 of 2019 the learned Judge, by his order dated 24.07.2019 has granted an order of interim stay of the impugned order. The impugned order which is under challenge in this writ petition is nothing but rejection of the approval which was sought for by the petitioner Management under Section 33(2)(b) of the Industrial Disputes Act, 1947.

(3.) Since it is a pre-condition as per the legislation that, during pendency of any dispute unrelated to the same if the employer wants to take any disciplinary action which has culminated in discharge or dismissal of the employee, it is permissible, provided such kind of action is initiated only after getting approval from the authority before whom the dispute is pending.