MANAGEMENT TAMIL NADU STATE TRANSPORT CORPORATION LTD Vs. JOINT COMMISSIONER OF LABOUR CONCILIATION CHENNAI

JUDGEMENT

(1.) THE petitioner is a State owned Transport Corporation, having its headquarters at Vellore. In this writ petition, they have come forward to challenge the order passed by the first respondent viz., Joint Commissioner of Labour (Conciliation) Chennai in A.P.No.116 of 2004 dated 10.04.2006.

(2.) BY the impugned order, the authority declined to grant approval for the Management in dismissing the original second respondent vide their order of dismissal dated 05.03.2004. In the operative portion of the order, the authority has observed as follows:-

(3.) SINCE conciliation proceedings were pending before the Commissioner of Labour, the Management filed an application under Section 33-2(b) of the Industrial Disputes Act, seeking permission for dismissal. Though the order was dated 05.03.2004, the application was filed after a period of 14 days i.e. on 19.03.2004. The authority registered the approval petition as A.P.No.116 of 2004 and issued notice to the workman. The workman has also filed a counter statement objecting to the grant of approval.