IMPORTANT POINT
Industrial Tribunal is a higher forum than Labour Court and order passed by Industrial Tribunal is binding between parties.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.08.2021 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jaipur passed in D.B. Civil Special Appeal (Writ) No.645 of 2020 by which the Division Bench of the High Court has dismissed the said appeal challenging the order passed by the learned Single Judge dismissing the writ petition filed by the appellant confirming the order passed by the Labour Court setting aside the order of termination passed against the workman, the Rajasthan State Road Transport Corporation has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

2.1 The workman was serving on the post of Conductor. A departmental enquiry was initiated against him alleging not issuing the tickets to 10 passengers though he collected the amount of tickets. In the department inquiry he was found guilty for the misconduct alleged. The employer – Rajasthan State Road Transport Corporation terminated his services vide Order dated 31.07.2001.

2.2 An application for approval of punishment order under Section 33(2)(b) of Industrial Dispute Act, 1947 (hereafter referred to as “the I.D. Act”) was submitted before the Industrial Tribunal on 31.07.2001. The Industrial Tribunal held the enquiry bad. However, the Industrial Tribunal vide Order dated 12.12.2012 allowed the appellant – Corporation to prove the charges before the Tribunal. Both the parties led the evidence before the Tribunal on the charges alleged. The appellants led, both, oral as well as documentary evidences. That on appreciation of entire evidence on record and considering the submissions made on behalf of both the parties, the Industrial Tribunal vide order dated 21.07.2015 allowed the application under Section 33(2)(b) of the I.D. Act and granted the approval of the order of termination. That thereafter and after a period of approximately 19 years from the date of passing the order of termination, the workman again raised the Industrial Dispute challenging the order of termination of 2001. By Judgment and Award dated 19.11.2019 the Labour Court, Jaipur allowed the said reference and set aside the order of termination. As in the meantime the workman died and the dispute was raised after a period of 19 years, the Labour Court passed an order awarding 50% back wages from the date of termination till his death i.e. 10.12.2018. The Judgment and Award passed by the Labour Court was challenged before the learned Single Judge of the High Court. The learned Single Judge dismissed the writ petition. Against the award passed by the learned Single Judge dismissing the writ petition the appellant preferred the appeal before the Division Bench. By impugned judgment and order the High Court has dismissed the said appeal which has given rise to the present appeal.

3. Learned Counsel for the appellant has vehemently submitted that in the facts and circumstances of the case the Hon’ble High Court has committed a serious error in dismissing the writ appeal/writ petition confirming the judgment and order passed by the learned Labour Court.

3.1 It is submitted that once in an application under Section 33(2)(b) of the I.D. Act and pursuant to the earlier order passed by the Industrial Tribunal, the appellant was permitted to lead the evidence and prove the charge/misconduct and thereafter when the order of termination was approved by the Industrial Tribunal, thereafter it was not open for the workman to again raise the Industrial Dispute that too after a period of 19 years. It is submitted that the Hon’ble High Court has materially erred in confirming the judgment and award passed by the learned Labour Court quashing and setting aside the order of termination which as such was approved by the Industrial Tribunal by order dated 21.07.2015.

3.2 Making above submissions, it is prayed to allow the present appeal.

4. Present appeal is vehemently opposed by Shri H.D.