BABU LAL VAISHNAV Vs. INDUSTRIAL TRIBUNAL RAJASTHAN JAIPUR

JUDGEMENT

(1.) THIS writ petition is directed against the order passed by the Industrial Tribunal, Jaipur (for short `the learned Tribunal') on an application moved by the petitioner under the provisions of Section 33-A of the Industrial Disputes Act, 1947 (for short `the Act of 1947' ). By the impugned order dated 16. 2. 1999, learned Tribunal dismissed application of the petitioner.

(2.) THE petitioner-employee moved an application before the learned Tribunal under the provisions of Section 33-A of the Act of 1947. THE application was maintained on the ground that petitioner's services were terminated without seeking approval under the provisions of Section 33 (2) (b) of the Act of 1947. THE facts relevant to the matter as stated before the learned Tribunal are otherwise referred hereunder for convenience.

(3.) IN the light of the aforesaid judgments, the contentions of learned counsel for the petitioner are many folds. Firstly, that order of termination in the present matter is punitive in nature, thus without holding an enquiry, if any, order of termination is passed, it has to be considered as illegal. The second contention is that treating the order of termination to be punitive, learned Tribunal should have entertained the application under the provisions of Section 33-A of the Act of 1947 as approval under the provisions of Section 33 (2) (b) of the Act of 1947 was not taken by the respondent Corporation, thus the order of termination should have been declared as void by accepting the application under Section 33-A of the Act of 1947. The application was otherwise also maintainable looking to change in condition of service. No other argument was raised by learned counsel for the petitioner during the course of arguments.