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SURAJ GOVINDARAJ
Management of R. V. Educational Institutions Rashtreeya Sikshana Samithi Trust – Appellant
Versus
S. J. Kumar – Respondent
ORDER :
1. The petitioner-employer is before this Court seeking for the following reliefs:
b) Issue a writ in the nature of certiorari and/or any other writ or Order and quash and set aside the impugned order Annexure-Q dated 30/08/2018 passed by 3rd Additional Labour Court, Bengaluru in Serial Application No.1/2017 in Reference No.51/2015.
c) Consequently, hold that the domestic enquiry ordered against the Respondent workman to be fair and proper and further be pleased to allow the Approval Application in Serial Application No.1/2017 in Reference No.51/2015 preferred by the Petitioner filed u/s 33(2)(b) of The ID Act, 1947; and/or
d) Issue a writ in the nature of certiorari and/or any other Writ or Order and quash and set aside the impugned Order Annexure-X dated 06/11/2019 passed by 3rd Additional Labour Court, Bengaluru in Serial Application No.1/2017 in Reference No.51/2015; and
e) Be pleased to Order grant of approval of Serial Application No.1/2017 on the basis of the evidence recorded on merits, in the interest of justice & equity and uphold t
Section 17 B of I.D.Act reads as payment of full wages to workman pending proceedings in higher courts.
Rejection of an approval application under Section 33(2)(b) of the Industrial Disputes Act, 1947 deems that the order of discharge or dismissal had never been passed, entitling the employee to reinst....
The main legal point established in the judgment is that the setting aside of the approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 resulted in the automatic reinstatement of the w....
The court upheld the dismissal of the employee for attempted theft, confirming the fairness of the domestic inquiry and the appropriateness of the punishment despite claims of procedural irregulariti....
Labour Courts must refrain from re-evaluating evidence after confirming the fairness of a disciplinary inquiry; interference is only permissible when findings are perverse or lack evidence.
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