BHANWAR LAL Vs. JUDGE INDUSTRIAL TRIBUNAL JAIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Bhanwar Lal who -was an employee of the Rajasthan State Road Transport Corporation (hereinafter referred to as the Corporation), challenging the order Annexure-7 dated June 5, 1995 passed by the Judge, Industrial Tribunal, Jaipur approving the application moved by the respondent No. 2 (hereinafter referred to as the employee) under Section 33(2)(b) whereby the order of removal from service from May 3, 1988 has been approved on the alleged charge-sheet dated July 10, 1987.

(2.) The facts as alleged in the petition are that the petitioner was a substantive regular employee of the Corporation. A charge- sheet dated January 9, 1987 was served upon certain charges. Copy of the charge-sheet is attached as Annexure-1. On the said charge-sheet enquiry was held. The petitioner had taken certain objections in the enquiry. After completion of the enquiry the management had decided to remove the petitioner from service vide order dated May 3, 1988 and, therefore, an application was moved under Section 33(2)(b) of the Industrial Disputes Act for seeking approval for disciplinary action in the form of dismissal of the petitioner. Along with the order of removal dated May 3, 1988, the management had applied in the application moved before the Labour Court that the petitioner had been found guilty in the charge-sheet dated January 9, 1987 and, therefore, the order dated May 3, 1988 be approved as industrial dispute was pending: concerning or connected with the conditions of service of the workman.

(3.) Approval application was rejected on April 14, 1994 for being violative of the. mandatory provisions of Section 33(2)(b). The respondent-Corporation challenged the order dated April 14, 1994 (Annexure-6) in the High Court in S. B. Civil Writ Petition No. 4106/1994.