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2001 Supreme(SC) 865

D.P.MOHAPATRA, SHIVARAJ V.PATIL
M. D. T. N. State Transport Corporation – Appellant
Versus
Neethivilangan, Kumbakonam – Respondent


JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The core question that arises for determination in this case is what is the right of a workman after the application filed by the employer for approval of the order for his dismissal/discharge from service is refused by the Tribunal and what is the remedy open to the workman in such a situation?

3. The facts of the case may be shortly stated thus : the appellant, Tamil Nadu State Transport Corporation, (Kumbakonam Division -I) Ltd., Kumbakonam initiated a departmental inquiry against the respondent Neethivilangan who was a Junior Superintendent in the Head Office at Kumbakonam. The charges having been established in the departmental inquiry an order for dismissing the respondent from service was passed on 5th March, 1984. Thereafter an application was made by the appellant for accord of approval under Section 33(2)(b) of the Industrial Disputes Act, 1947, (for short the Act ) before the Tribunal. The Tribunal rejected the prayer for approval on merit vide the order dated 30.7.1984. The appellant filed Writ Petition No. 8849/84 challenging the order passed by the Tribunal which was dismissed by the High Court by the judgment dated 18.12.
































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