MANAGEMENT TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD. Vs. ASSISTANT COMMISSIONER OF LABOUR (CONCILIATION)

JUDGEMENT

(1.) The present appeal has been preferred by the Tamil Nadu State Transport Corporation (Villupuram) Limited, challenging the dismissal of the Writ Petition in W.P.No.25351 of 2013, confirming the order of the authority under Sec. 33-2(b) of the Industrial Disputes Act, 1947.

(2.) The second respondent/employee was dismissed from service on 30/11/2010 and as an industrial dispute was pending in which the second respondent-workman was concerned, an application seeking approval of the action was filed by the Management on 8/12/2010 and that there was a delay of eight days in filing the application and that the application has not been filed simultaneously in terms of Rule 64 of the Tamil Nadu Industrial Disputes Rule, 1958. For the sake of convenience, Sec. 33-2(b) of the Industrial Disputes Act, 1947 and Rule 64 of the Tamil Nadu Industrial Disputes Rule, 1958, are extracted hereunder:

(3.) The Management contended that even though the order of dismissal was passed against the second respondent/employee on 30/11/2010, the said dismissal order was sent simultaneously to the second respondent/workman and to the authority concerned on 4/12/2010 (Saturday) by Post and the same was received by the authority concerned on 8/12/2010 (Wednesday), on which date, application under Sec. 33(2)(b) of the Industrial Disputes Act was filed. Further, according to the Management, there is no evidence to that effect produced before the Court to show that the order was despatched within four days from 30/11/2010 (Tuesday) being the date of order of dismissal passed against the second respondent/employee, till it was filed before the authority on 8/12/2010 and that rest of the days till 4/12/2010 are postal working days. There were no Government holidays for the Postal Department except Sunday (5/12/2010).