Grover, J. - (1.) This is an appeal by special leave from an order of the Second Labour Court, West Bengal, rejecting an application under S. 33 (2) (b) of the Industrial Disputes Act 1947, hereinafter called the 'Act', filed by the appellant seeking approval of an order of removal from service passed against the respondent.
(2.) The facts may be shortly stated. The respondent was an employee of the appellant. Certain disciplinary proceedings were taken against the respondent who was working as conductor on charges which it is not necessary to mention. These charges were inquired into by the Disciplinary Officer of the appellant. That officer found the charges proved against the respondent and submitted his report to the competent authority i e. Special Officer (Discipline). On May 18, 1967 the competent authority, after considering the report of the Inquiry Officer, recorded a note on the file expressing agreement with the report of the Inquiry Officer that the respondent be removed from service after giving him one month's wages. The last part of his order is reproduced below: " The delinquent is removed from the service of the Corporation. He will be given one month's wages and simultaneously an application may he filed in the Tribunal, seeking approval of the action taken, as required under Section 33 (2) of the I. D Act". It may be mentioned that such an approval was necessary because proceedings were pending before the 5th Industrial Tribunal, West Bengal, on account of a reference made under Section 10 of the Act with regard to several disputes between the appellant and its workmen. A note dated June 22, 1967 was sent to the respondent in which he was informed that he was being removed from service with effect from July 1, 1967. This note reached him on June 26, 1967. One month's wages were remitted to him on June 28, 1967 by money order which he received on July 1, 1967. An application under S. 33 (2) (b) of the Act was made on July 3, 1967 which was a Monday.
(3.) The Labour Court, while finding that the report of the domestic enquiry and the finding therein as also the punishment awarded on the basis of that enquiry was justified did not call for any interference. But it was of the view that the filing of the application under Section 33 (2) (b) of the Act on July 3, 1967 did not satisfy the requirements of the proviso thereto. In other words the passing of the order of removal on May 18, 1967, the tendering of one month's wages and the filing of the application before the Tribunal on July 3 1967 did not constitute part and parcel of the same transaction.;