- (1.) Leave granted.
(2.) The challenge in the present appeal by the Management of Karur Vysya Bank Limited (hereinafter referred to as "the appellant - Bank") is against an order dated 14th August, 2008 passed by the Division Bench of the High Court of Madras affirming the order of the learned single judge dated 29th January, 2007 dismissing Writ Petition No.17623 of 1997. The writ petition in question was filed by the appellant - Bank challenging the award dated 26th March, 1997 passed by the Industrial Tribunal, Madras in a complaint filed by the respondent workman under Section 33A of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") directing reinstatement of the workman by holding the punishment of dismissal dated 6 th January, 1990 to be unjustified.
(3.) On certain specific charges, details of which need not detain the Court, a domestic enquiry was held against the respondent workman where he was found guilty of the charges levelled. The punishment of dismissal from service was imposed. As there was a pending industrial reference involving the workman, though on some other issue, the dismissal of the workman required approval of the Industrial Adjudicator under Section 33(2)(b) of the Act. The employer did not file any such application which led to the filing of the complaint by the respondent workman under Section 33A of the Act.;