DIVISIONAL MANAGER, RSRTC Vs. PRADEEP JOSHI AND ORS.

JUDGEMENT

(1.) The instant intra court appeal has been preferred against order of the learned Single Judge dated 18/09/2007. The facts, which are relevant for our consideration emerges from the writ petition preferred by the Corporation are that respondent-workman now deceased was working as Conductor and while in service, for his alleged misconduct that he was carrying passengers without ticket, a disciplinary enquiry was conducted and after the charge stand finally proved, he was removed from service vide order dated 20/02/1991 and it appears that an industrial dispute was pending before the Industrial Tribunal of the Union of which, the respondent-workman was also a member.

(2.) Taking note thereof, the Corporation filed application in the Industrial Tribunal u/S. 33(2)(b) of the Industrial Disputes Act, 1947 (for short, the "Act 1947") seeking permission/approval of its action for dismissal of services of the respondent-workman. Certain pre-condition was to be complied with while the application seeking approval of action of the management at the stage of application u/S. 33(2)(b) of the Act 1947 being filed.

(3.) Indisputably, the short payment was tendered/ offered by the Corporation to the respondent-workman at the stage when the application u/S. 33(2)(b) of the Act 1947 was filed and that was objected by the respondent-workman. After examination, the Tribunal arrived at the conclusion that there was non-compliance of pre-condition of Sec. 33(2)(b) of the Act 1947 and accordingly, rejected their application filed by the Corporation and declined to grant permission seeking approval of dismissal of services of the respondent-workman, vide order dated 14/11/2000 and that was the subject-matter of challenge in the writ petition filed before the learned Single Judge.