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2023 Supreme(Online)(Kar) 33849

KARNATAKA HIGH COURT
KARNATAKA STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
GANGANNA – Respondent


O R D E R

The present petition filed by the Karnataka State Road Transport Corporation assailing the order dated 13.06.2008 passed by the Industrial Tribunal, Bangalore (hereinafter referred to as the ‘Tribunal’ for short) in SLA No.127/2011.

2. The petitioner is termed as the Corporation and the respondent is termed as workman for the sake of convenience.

3. The brief facts are that, the workman was working as a driver with the Corporation and has remained unauthorizedly absent from 01.01.2011 without submitting any leave application till 01.12.2011 i.e., the date on which the dismissal order is passed by the Disciplinary Authority accepting the report of the Enquiry Officer. The workman was paid towards one month salary and the Corporation filed an application under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the Act, 1947’ for short) seeking approval of the order of the dismissal before the Tribunal in SLA No.127/2011 since the industrial dispute in I.D. No.148/2005 concerning the workman and the Corporation was pending consideration.

4. The Tribunal framed the issue regarding whether the validity of the Domestic Enquiry conducted by the Cor

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