The main legal point established in the judgment is the significance of serving the dismissal order 'simultaneously' as required by the Industrial Disputes Act and the Tamil Nadu Industrial Disputes Rules, and the consequences of non-compliance with the mandatory provisions, which renders the dismissal order invalid.

JUDGMENT :

S.Vaidyanathan, J.

The present appeal has been preferred by the Tamil Nadu State Transport Corporation (Villupuram) Limited, challenging the dismissal of the Writ Petition in W.P.No.25351 of 2013, confirming the order of the authority under Section 33-2(b) of the Industrial Disputes Act, 1947.

2. The second respondent/employee was dismissed from service on 30.11.2010 and as an industrial dispute was pending in which the second respondent-workman was concerned, an application seeking approval of the action was filed by the Management on 08.12.2010 and that there was a delay of eight days in filing the application and that the application has not been filed simultaneously in terms of Rule 64 of the Tamil Nadu Industrial Disputes Rule, 1958. For the sake of convenience, Section 33-2(b) of the Industrial Disputes Act, 1947 and Rule 64 of the Tamil Nadu Industrial Disputes Rule, 1958, are extracted hereunder:

Section 33: Conditions of service, etc. to remain unchanged under certain circumstances during pendency of proceedings.-

.....

(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied between him and the workman-

(a) ....

(b) for any misconduct not connected with the dispute, discharge or punish whether by dismissal or otherwise, that workman:

Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer."

Rule 64: Application to the Conciliation Officer, Board, Labour Court or Industrial Tribunal under Section 33. -- (1) An application under sub-section (1) or sub-section (3) of section 33 shall be in duplicate in Form “S” and filed before the Conciliation Officer, Board, Labour Court or Tribunal either personally or by registered post acknowledgment due. A copy of it shall also be served simultaneously either personally or by registered post acknowledgment due on the workman or the workmen concerned and the fact indicated on copies of the application presented to the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be.

(2) An employer seeking the approval of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be, of any action taken by him under clause (a) or clause (b) of subsection (2) of section 33 shall present an application in Form “T” in duplicate to such Conciliation Officer, Board, Labour Court or Tribunal either personally or by registered post with acknowledgment due. A copy of it shall also be served simultaneously either personally or by registered post acknowledgment due on the workman or workmen concerned and the fact indicated on the copies of the application presented to the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be.

(3) Every application under sub-rule (1) or sub-rule (2) shall be verified by the employer making it or by some other person proved to the satisfaction of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be, to be acquainted with the facts of the case. 1 Subs. vide S.R.O. No. A-37/85, dated the 20th February, 1985.

(4) The person verifying shall specify by reference to the numbered paragraphs of the application, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

(5) The verification shall be signed by the person making it and shall state the date on which and the place at which it was verified.

(6) The workman or workmen concerned shall file a counter before the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be, either personally or by registered post within a week from the