D.B. Civil Special Appeal (Writ) No. 943 of 2008. Case: Divisional Manager, RSRTC Vs Pradeep Joshi and Ors.. Rajasthan High Court

Case NumberD.B. Civil Special Appeal (Writ) No. 943 of 2008
CounselFor Appellant: Ashok Bansal, Adv. and For Respondents: Kuldeep Aswal, Adv.
JudgesAjay Rastogi and Prakash Gupta, JJ.
IssueIndustrial Disputes Act, 1947 - Section 33(2)(b)
Citation2015 (2) RLW 1190 (Raj)
Judgement DateJanuary 20, 2015
CourtRajasthan High Court

Judgment:

Ajay Rastogi, J.

  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...

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