- (1.) Leave granted.
(2.) The respondent - workman was subjected to a domestic enquiry by the employer - North Eastern Karnataka Road Transport Corporation (NEKRTC) on a charge of obtaining employment by furnishing fabricated qualification documents and by making a false declaration. The finding of the domestic enquiry was adverse to the respondent - workman. Before the Labour Court an issue was raised with regard to the validity of the proceedings of the domestic enquiry to which the Management countered by making a request to lead evidence to prove the charge on merits. Accordingly, leave was granted. The Labour Court by order dated 25th May, 2011 in paragraph 34 thereof held as follows: "34. The question arises whether the order of dismissal is proportionate the legal misconduct. It is proved from the evidence that the first party has obtained employment by producing the fabricated documents. This act on the part of the first party is grave misconduct. Such misconduct or misdeed cannot be ignored. Under such circumstances the order of dismissal is proportionate to proved charges. I do not find any circumstances to say that the order of dismissal is disproportionate to proved charges. Therefore, I answer these issues in favour of the second party respondent."
(3.) The respondent - workman moved the High Court against the aforesaid order of the Labour Court. A learned single judge of the High Court by order dated 23rd July, 2013 took the view that as another proceeding under the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") was pending, prior approval under Section 33(2)(b) of the Act was required to be taken by the employer. Such prior approval was however neither sought for nor granted. The dismissal of the workman was, therefore, held to be void ab initio. The said order of the learned single judge of the High Court has been affirmed in the writ appeal. Aggrieved, the employer has instituted the present appeal under Article 136 of the Constitution of India.;