The Divisional Controller Nekrtc, Yadgir Division vs Bhimaraya Hosamani

S. Abdul Nazeer

This writ petition is directed against the award in Ref. No. 78/2008 dated 4.2.2011 passed by the Presiding Officer, Labour Court, Gulbarga. The respondent had been working with the petitioner Corporation as a Driver. Disciplinary proceedings was initiated against him on certain grounds. After holding an enquiry, the Corporation dismissed him from service on 28.2.2008. The workman challenged the said order by filing a claim petition before the Labour Court in Ref. No. 78/2008. The Labour Court by its order at Annexure-B dated 4.2.2011 has set aside the order of dismissal of the Corporation and directed the Corporation to reinstate the workman into service with continuity of service, without any backwages.

I have heard the learned Counsel for the parties.

It is not in dispute that an industrial dispute relating to charter of demands in I.D. No. 148/2005 in which the workman is concerned is pending before the Industrial Tribunal at Bangalore. The workman was dismissed from service during the pendency of the said dispute. It is also not in dispute that the Corporation has not complied with the statutory requirements contained in the proviso to Section 33(2)(b) of Industrial Disputes Act, 1947 (for short ''the Act'') before passing the order of dismissal. Thus, the order of dismissal is void and inoperative.

In NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION VS. SADASHIV (W.P. No. 63003/2011 disposed of on 7.8.2012), this Court has considered an identical matter. Relying on the decision of the Constitution Bench of the Apex Court in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. Vs. Ram Gopal Sharma and Others, and the decision of this Court in SANJAY AND OTHERS VS. THE MANAGEMENT OF NWKRTC in W.P. No. 65378/2011 and other connected matters disposed of on 26.6.2012, it was held that the termination of the workman from service without compliance of the statutory requirements contained in the proviso to Section 33(2)(b) of the Act is void and inoperative.

In M.M. NARAYANA AND OTHERS VS. THE MANAGEMENT OF KSRTC (W.P. Nos. 24118-120/2009 and other connected matters disposed of on 13.7.2012), this Court has held that an order of discharge or dismissal passed against a workman without obtaining approval u/s 33(2)(b) would be nonest. If the management/employer does not seek approval of the Board, Arbitrator, Court/Tribunal, etc., as required u/s 33(2)(b) on the ground that such aggrieved workman has a remedy u/s 33A of the Act, it would not validate such order of discharge or dismissal and in such cases, order of discharge or dismissal would be nonest and void. In my view, the order impugned does not call for interference. It is accordingly dismissed. No costs.