GUMAN SINGH Vs. J K TYRE CODE KOTA

JUDGEMENT

(1.) This special appeal is directed against the judgment of learned single Judge dated March 15, 1994, in the above referred writ petition whereby the order of the Industrial Tribunal dated September 8, 1993 has been quashed with a further direction to decide the approval application filed by the employer under Section 33(2)(b) of the Industrial Disputes Act (forshort 'the Act') on merits after hearing both the parties and taking into consideration the pleadings of the parties within a period of four months.

(2.) Briefly stated the relevant facts of the case are that the appellant was initially appointed as Operator in the Air Conditioning Department in J.K. Synthetics Ltd., Kota in the year 1970 and on November 1, 1971 he was sent on deputation with his consent on the post of Rounder to J.K. Tyres Cord, Kota, from J.K. Synthetics Ltd., Kota.

(3.) That on July 25, 1990, a charge sheet was issued to the appellant levelling charges of disobedience and unlawful absence etc. Thereafter an enquiry was conducted and in that enquiry the charges and allegations levelled against him were found proved, therefore, punishment of dismissal was passed on February 22, 1990. Simultaneously, an application under Section 33(2)(b) of the Act for grant of approval of the action of dismissal of the workman on account of the fact that the appellant was a concerned workman in a dispute which was pending adjudication before the Industrial Tribunal, Kota, bearing Case No. 30/1985.