D. Hariparanthaman, J.

The writ Petitioner is a Transport Corporation. The writ Petitioner has questioned the rejection of approval application No. 365 of 2003 filed u/s 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred as the Act) by the impugned order, dated 12.02.2005. The Petitioner has sought approval for dismissing the second Respondent by an order dated 06.10.2003. As stated above, the first Respondent refused to grant approval.

2. The facts leading to the filing of the writ petition are stated as follows:

The second Respondent was a driver employed by the writ Petitioner corporation. He was on duty on 29.03.2003 in the bus with registration No. TN 58 N 0178, which run between Thirumangalam and Courtallam. He started his trip at Thirumangalam and proceeded to Courtallam. When the bus was nearing Puliyangudi at 11.30 a.m. there was an accident with TVS 50 moped (the same is disputed by the workman). The accident took place when he attempted to over take TVS-50 moped. The pillion rider in the TVS 50 Moped fell down and the rear side left wheel of the bus run over on the pillion rider. The pillion rider died due to accident.

An official of the transport cor