STEEL AUTHORITY OF INDIA LTD Vs. B YELLAPPA

JUDGEMENT

(1.) This appeal is preferred against the order dated May 15, 2003 of the learned single Judge dismissing the Writ Petition No. W.P.No. 7818 (W) of 2000 preferred against an award by the learned Labour Court disapproving the application under Section 33(2)(b) of the Industrial Disputes Act. The learned counsel for the appellant submits that it was only because one month's pay in full was not tendered. The amount was short of the full amount. Therefore, it is only on a technical ground the approval having been refused, the employer is not liable to pay full back wages as has been held by the learned single Judge. He relied on certain decisions to which we shall refer at appropriate stage.

(2.) Mr. Dasan, on the other hand, contends that until approval under Section 33(2)(b) is accorded, the order of termination remains inchoate and the relation between employer and employee continues and is not ceased. He also relied on certain decisions to support his contention to which we shall be referring to at an appropriate stage.

(3.) After having heard the learned counsel for the parties, the only question that falls for our decisions is as to whether the disapproval accorded on account of payment of one month's wages being little short of the amount, will attract the principles of Section 33(2)(b) which led the Apex Court to hold that the relationship continues and the employee is entitled to all his service benefits.