LAWS(KAR)-2018-10-144

MANAGING DIRECTOR SARIGE SADAN Vs. SITARAM

Decided On October 26, 2018
Managing Director Sarige Sadan Appellant
V/S
SITARAM Respondents

JUDGEMENT

(1.) This is an intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961 by the appellant- Corporation, challenging the order of the learned Single Judge dated 17.11.2015 passed in Writ Petition No.205967/2015.

(2.) The respondent herein was appointed as Conductor in the appellant-Corporation at Bijapur Division. The appellant-Corporation dismissed the respondent-workman from service on the charges of unauthorized absence. Against which the workman had raised a dispute and the same was referred to the Labour Court in Reference No.09/2014, which came to be set aside by the award passed by the Labour Court on 17.01.2015 accepting the primary ground raised by the respondent-workman that no approval was obtained by the appellant-Corporation under Section 33(2)(b) of the Industrial Disputes Act, 1947 ('Act' for short) before passing the order of dismissal against the workman, albeit I.D.No.148/2005 was pending before the Industrial Tribunal, Bangalore. The Corporation was directed to pay the backwages for the period from 15.4.2010 to 3.11.2011.

(3.) Aggrieved by the same, appellant-Corporation had preferred Writ Petition No.205967/2015, which came to be disposed of confirming the award of the Labour Court, since no prior approval under Section 33(2)(b) of the Act had been obtained by the appellant-Corporation while passing the order of dismissal. Being aggrieved by the same, the Corporation is in appeal.