CALICUT-WYNAD MOTOR SERVICE PRIVATE LTD Vs. INDUSTRIAL TRIBUNAL CALICUT
LAWS(KER)-1968-8-41
HIGH COURT OF KERALA
Decided on August 26,1968

CALICUT-WYNAD MOTOR SERVICE PRIVATE LTD., CALICUT Appellant
VERSUS
INDUSTRIAL TRIBUNAL, CALICUT Respondents

JUDGEMENT

- (1.) This is an application for the issue of an appropriate writ or order quashing the order of the Industrial Tribunal, Calicut, passed under S.33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), refusing approval to the action taken by the management in dismissing the 2nd respondent from the service of the petitioner.
(2.) The order dismissing the 2nd respondent was passed by the management on 7-6-1966. It was communicated to the 2nd respondent on 8-12-1966. The application under S.33(2)(b) of the Act for approval of the action was filed on 15-7-1966. The one month's salary was sent by money order to the 2nd respondent on 8 12 1966.
(3.) The Tribunal held that the dismissal, the payment of one month's wages, and the application for approval must form part of the same transaction and since the application was filed on 15-7-1966 but the order of dismissal was passed on 7-6-1966 and the one month's wages were tendered only on 8-12-1966, they do not form part of the same transaction and so the application was not maintainable.;


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