THE MANAGEMENT STATE EXPRESS TRANSPORT CORPORATION T.N. LTD. Vs. THE JOINT COMMISSIONER OF LABOUR AND ORS.

JUDGEMENT

(1.) This writ appeal has been filed to set aside the order dated 03.02.2012 made in W.P.No.29538 of 2007.

(2.) The second respondent was appointed as a Tradesman in the appellant corporation on 01.04.1982. He was issued with a charge memo on 01.01.2004 for un-authorised absence from 17.12.2003 for which the management conducted domestic enquiry exparte. The charges against him were proved. In continuation of the enquiry, second show cause notice was issued on 23.09.2004. Subsequently the second respondent was dismissed from service on 14.03.2005. Thereafter an Application was made by the appellant/Corporation in A.P.No.50 of 2005 under Section 33(2)(b) of the Industrial Disputes Act, 1947, seeking approval for the dismissal of the second respondent.

(3.) The first respondent/Joint Commissioner after enquiry refused to accord approval for the dismissal made by the appellant/Corporation, by order dated 05.01.2007. The only ground on which the application was refused is that the time interval between the order of dismissal and the date of application for approval was considerable.