- (1.) The Labour Court by its award dated 15.4.1995 passed under Section 33-A of the Industrial Disputes Act, 1947 held that the discharge of the respondent workman from the service of the appellant was contrary to Section 33 as it has been done without express permission in writing of the Labour Court where a dispute regarding validity of the reversion of the workman was pending on the date of the aforesaid discharge. As a, result of the above, two directions were issued by the Labour Court: (i) Reinstatement of the workman with full back wages and other benefits. (ii) Prosecution of the Management for violation of Section 33.
(2.) The Management approached this Court by way of CWJC No. 2290 of 1995 (R) which was partly allowed by the impugned judgment dated 15.09.2003 by a learned Single Judge.
(3.) The learned Single Judge by the impugned order set aside the direction of the Labour Court with regard to the prosecution of the Management on the ground that violation of Section 33 was not deliberate as the Management withdrew the discharge order as soon as the Management realised that it was in violation of Section 33.;