N. Ananda, J. - (1.)THE learned Single Judge following the judgment of Supreme Court in the case of Jaipur Zilla Sahakari Bhoomi Vikas Bank Vs. Sri. Ram Gopal Sharma ( : AIR 2002 SC 643) and the order of this Court in W.P. No. 60395/2012 dated 13.07.2012 directed the Corporation (appellant herein) to reinstate the workman with 25% backwages and other consequential benefits. The learned Single Judge further observed that the order is subject to the outcome of final order in W.A. No. 1159/2012 and connected matters.
(2.)THE learned counsel for appellant relying on the judgment of Supreme Court reported in : 2013 AIR SCW 3611 (Rajasthan State Road Transport Corporation and Anr. Vs. Satya Prakash), would submit that if any conditions of Section 33 of the Industrial Disputes Act are violated by the Management during pendency of industrial dispute, the respondent has to seek for approval for imposing penalty by filing an application under Section 33(2)(b) of the Act.
The learned counsel for appellant would submit that this Court in W.A. No. 50331/2013 (L -KSRTC) dated 19.02.2014 in the case of Divisional Controller, Bijapur Division Vs. Anwar S/o. Ningangouda Patil, had remitted the matter to learned Single Judge, to decide the petition on merits.

(3.)THE learned counsel for respondent relying upon the Division Bench judgment of this Court in W.A. No. 5738/2012 (L -KSRTC) dated 12.03.2013 would submit that the Division Bench has dealt with the matter with reference to the decision reported in the case of Jaipur Zilla Sahakari Bhoomi Vikas Bank, and held that non -compliance of Section 33(2)(b) would vitiate the inquiry.