JUDGMENT :

Prayer: Writ Appeal as against the order dated 03.12.2020 passed in W.P. No. 17275 of 2019.

The present appeal has been preferred by the Management questioning the order of the learned Single Judge dated 03.12.2020 passed in W.P. No. 17275 of 2019 whereby the learned Single Judge set aside the order dated 03.04.2018 passed by the III Additional Labour Court in Approval Petition No. 22 of 2010 in I.D. No. 418 of 2007.

2. The admitted case of the parties is that the employee, who was serving as a technician was issued with a charge memo for which enquiry was conducted and based on the proved charges, he was dismissed from service. As there was an industrial dispute pending between the Management and the Union, the Management/employer filed an approval petition as contemplated under Section 33(2)(b) of the Industrial Disputes Act, 1947 ("I.D.Act" in short). Since the Labour Court, while dealing with the issue, following the dictum of the Hon'ble Apex Court in Lalla Ram V. Management of D.C.M. Chemical Works Limited and Another reported in 1978 AIR 1004 held that the domestic enquiry was fair and proper and that there was no violation of principles of natural justice and confir