Goswami, J. - (1.) This appeal by special leave is directed against the order of the Additional Commissioner for Workmen's Compensation. Madurai (briefly the Commissioner) in an appeal before him lodged by the respondent against the order of his dismissed passed by the appellant company on December 29, 1970.
(2.) The respondent was in employment under the appellant company at the Tirchirapalli Branch as a typewriter mechanic since 1950. The charges against him were that he was absent on November 2, 1970 without leave and without sufficient cause and also secondly that he was on the said day privately doing some repair work of a typewriter in the premises belonging to the Eswari Institute of Commence, Tiruchirapalli. The respondent was directed to show cause on November 17, 1970 and was placed under suspension. After receipt of his reply to the charge-sheet, a domestic enquiry was held in which witnesses were examined. The respondent examined only himself on his behalf and the appellant examined three witnesses including the Manager of the Tiruchirapalli Branch and the company's doctor. The enquiry Officer found both the charges to be established and on receipt of his report the management passed an order of dismissal.
(3.) Since an industrial dispute was pending at the relevant time, the management simultaneously submitted an application to the Industrial Tribunal, Madras, for approval of the order of dismissal under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (briefly the I. D. Act). The respondent took the plea before the Tribunal that he was a protected workman and hence his dismissal was illegal in the absence of prior permission from the Tribunal under Sec. 33 (3) of the I. D, Act. The Tribunal, however refused to accept this plea and held that he was not a protected work man. The Tribunal further approved the order of dismissal by its ordered dated February 18, 1971.;