D. P. Mohapatra, J. - (1.) Leave granted.
(2.) The core question that arises for determination in this case is what is the right of a workman after the application filed by the employer for approval of the order of his dismissal/discharge from service is refused by the Tribunal and what is the remedy open to the workman in such a situation
(3.) The facts of the case may be shortly stated thus : the appellant, Tamil Nadu State Transport Corporation, (Kumbakonam Division-I) Ltd., Kumbakonam initiated a departmental inquiry against the respondent Neethivilangan who was a Junior Superintendent in the Head Office at Kumbakonam. The charges having been established in the departmental inquiry an order for dismissing the respondent from service was passed on 5th March, 1984. Thereafter an application was made by the appellant for accord of approval under Section 33(2)(b) of the Industrial Disputes Act, 1947, (for short 'the Act') before the Tribunal. The Tribunal rejected the prayer for approval on merit vide the order dated 30-7-1984. The appellant filed Writ Petition No. 8849/84 challenging the order passed by the Tribunal which was dismissed by the High Court by the judgment dated 18-12-1987. Writ Appeal No. 321/88 filed against the said judgment was dismissed. The appellant filed special leave petition No. 12350/88 in this Court which was also dismissed. Even after it failed to obtain approval of the Tribunal for the order of removal of the respondent the appellant neither reinstated him in service nor paid him wages. The resultant position was that the respondent remained without work and without wages though he was ready and willing to render service in the establishment.;