SANJEEV PRAKASH SHARMA,J. - (1.) The petitioner, by way of present writ petition, assails the order dated 27/03/2017 passed by the learned Industrial Tribunal, Jaipur, whereby the application moved by the petitioner under Section 33(2)(b) of the Industrial Disputes Act, 1947 seeking approval of the removal order passed against the respondent-workman has been considered and rejected.
(2.) Learned counsel for the petitioner submits that the respondent-workman was working at the factory run by the petitioner-company. Due to his unwarranted activities and indiscipline, he was served with a charge-sheet on 22/12/2010 wherein it was alleged that the respondent-workman had indulged in damaging reputation and respect of the higher officials and had defamed them by making misleading complaints to the Government officers, President of India, Prime Minister of India, Chief Minister and different political parties. The allegations were also levelled about his having remained absent from duty during duty hours and also indulging in spreading dissatisfaction amongst the workmen of the company.
(3.) It is stated by learned counsel for the petitioner that the workman was allowed to obtain copies of the documents which he required and the enquiry officer allowed him to cross examine the witnesses of the management and also recorded his statement and defence. The principles of natural justice were observed during the course of enquiry and the enquiry officer submitted his report on 18/03/2011 finding the charges proved against the respondent. Copy of the enquiry report was served upon the workman and thereafter on the basis of the enquiry report, the workman was dismissed from service vide order dated 30/3/2011. A cheque of an amount of Rs. 16,234/-was also served upon the respondent-workman and on the same day, the application under Section 33(2)(b) of the Act of 1947 was moved before the Tribunal seeking approval.;