- (1.) WE have heard learned counsel appearing for the parties.
(2.) THIS intra -Court Special Appeal arises out of a judgment passed by learned Single Judge on 03.04.1998, in S.B. Civil Writ Petition No. 5909/1996 - Shankar Lal Manath v. The Judge, Industrial Tribunal and another, by which he has dismissed the writ petition, arising out of an order passed by the Industrial Tribunal, Jaipur, dated 09.09.1996, on an application filed by the Corporation under Section 33 (2)(b) of the Industrial Disputes Act, 1947 (for short, 'the Act'), giving approval for termination of the services of the appellant, dated 20.02.1991, on the ground of misconduct.
(3.) DURING pendency of a general reference before the Industrial Tribunal, an application was presented by the Regional Manager, Rajasthan State Road Transport Corporation, Udaipur under Section 33(2)(b) of the Act, for approving the termination of the services of the workman on 20.02.1991, on the ground of misconduct, on which a domestic enquiry was held against the workman, serving as conductor, for carrying 14 passengers without ticket, on 25.10.1989, on Vijaynagar -Dungarpur road. The appellant -workman, in his reply to the application, submitted that the domestic enquiry was held in violation of the principles of natural justice, and that he was not given one month's salary in compliance with the Proviso to Section 33(2)(b) of the Act, which is a condition precedent for approval, to be given by the Industrial Tribunal.;