CHIKMAGALUR PUBLIC CONVEYANCE MOTOR SERVICE CHIKMAGALUR Vs. INDUSTRIAL TRIBUNAL IN MYSORE

JUDGEMENT

(1.) In this writ petition we are asked to say that there was wrongful refusal of approval for dismissal under Section 33(2) of the Industrial Disputes Act. Respondent 2 is a workman and the petitioner is the employer. There was a domestic enquiry against the workman in respect of four charges. The first was that there was an act of overloading; the second was that respondent 2 had not equipped himself with ticket hooks; the third was that he tampered with the ticket books and the fourth was that he similarly tampered with the gate pass. The finding recorded in the domestic enquiry was that all these four charges were established.

(2.) But the Industrial Tribunal whose approval was sought under Section 33(2) to the order of dismissal made by the employer, was of the view that one of the four charges was not established. It was further of the view that since there was no standing order which made it obligatory on the part of the workman to equip himself with the ticket book, the second charge could not be sustained and that in consequence approval for his dismissal should be refused.

(3.) Mr. Puttaswamy, in our opinion, is right in contending that so long as the other three charges were found to be well founded, the mere fact that the Tribunal thought that the second charge could not succeed, could not form a ground for refusal of the approval sought.