K KUBERAN Vs. MANAGEMENT OF EXPRESS PUBLICATIONS LTD

JUDGEMENT

(1.) The present writ petition is filed by the workman challenging the order of approval granted by the second respondent under Section 33(2)(b) of the Industrial Disputes Act, 1947, in discharging the petitioner from service by the first respondent Management. The case of the petitioner is that he was appointed as Semi Skilled Ballar in Electrical Department under the first respondent Management on 10.3.1982. The first respondent declared lock out from 24.9.1995 and insisted the workers to give an undertaking to leave the Welfare Union and to join the Indian Express Workers' Union, which the petitioner refused. Thereupon, the first respondent placed the petitioner under suspension on 3.10.1995. A charge memo was issued on 15.11.1995. An enquiry officer was appointed to enquire into the charges. The petitioner did not participate because the enquiry officer was biased.

(2.) The petitioner also stated that he was not paid traveling allowance, though the enquiry was conducted outside the office. However, the enquiry was proceeded and the enquiry officer gave his findings on 25.4.1997 against the petitioner. Accepting the said findings, the Management imposed the punishment on the petitioner by discharging him from service, by an order dated 7.4.1999. Since the industrial dispute was pending before the labour Court in I.D. No. 391 of 1998, the Management filed an application under Section 33(2)(b) of the Industrial Disputes Act, 1947, seeking for approval of the discharge order. The said application came to be allowed by the impugned order dated 5.5.2004. Hence, the present writ petition is filed before this Court.

(3.) The Management resisted the above writ petition and filed a detailed counter.