DIPAK MISRA, CJ

In this intra-Court appeal, the warrantable ness of the order dated 14.9.2004 passed by the learned Single Judge in CW No.1998/2004 is called in question.

2. Filtering the unnecessary details, the facts which are essential to be stated are that the appellant, Delhi Transport Corporation (for short the DTC), filed an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 (for brevity the Act) before the Industrial Tribunal-II in O.P. No.389/93 seeking approval of the action of removal of the respondent – workman from service. The tribunal framed a preliminary issue on 2.9.1996 to the effect whether a legal and valid enquiry had been held against the workman and, by order dated 7.8.2002, decided the issue against the DTC. Thereafter, the tribunal framed three issues and eventually came to hold that the absence of the respondent – workman did not amount to misconduct and, therefore, declined to grant approval to the management DTC under Section 33(2)(b) of the Act vide order dated 26.2.2003.

3. Being dissatisfied with the aforesaid order, the DTC invoked the jurisdiction of this Court and the learned Single Judge, placing reliance on th