- (1.) HIS special appeal is directed against the order dated 2. 12. 1993, passed by the learned Single Judge dismissing the writ petition, filed by he appellant and maintaining the order dated 18. 2. 1993 passed by the Industrial tribunal, Jaipur.
(2.) THE brief facts are that the services of the respondent No. 1 (in short 'workman'), were terminated by the appellant vide order dated 26. 7. 1991. Before passing of the termination order a Departmental Enquiry was held against the workman in which the charges of criminal breach of trust for an amount of Rs. 7,31,887. 75p. have been proved. Since a dispute was pending in the Industrial tribunal, Jaipur an application under Section 33 (2) (b) of the Industrial Disputes act (in short, 'the Act'), was filed by the appellant before the Tribunal seeking approval of the termination order dated 26. 7. 1991.
(3.) ADMITTEDLY, the workman had been put under suspension on 2. 5. 1987. During the period of suspension, the pay scales were revised from 1. 9. 1988. However, while making payment of one month's salary as required under Section 33 (3) (b) of the Act, the benefit of revision of pay scale was not given to the workman. The Tribunal came to the conclusion that there was a short payment and, thus, on the ground of non-compliance of mandatory requirement of provisions of Section 33 (2) (b) dismissed the approval application filed by the appellant vide order dated 18. 2. 1993.;