JUDGMENT

S.B. SINHA, J. —

1.Leave granted.

2.Respondent herein was employed as a helper at Kumuli Depot of Appellant. A criminal complaint was lodged against him for alleged commission of theft of Rs.37,086.05 on 03.11.1985. A disciplinary proceeding was also initiated against him. He pleaded not guilty to the said charge both before the disciplinary authority as also the criminal court. In the disciplinary proceeding, he was, however, found to be guilty of the said charge. He was dismissed from services only after a show cause notice was served on him.

3.Appellant filed an application for approval of the said order of removal purported to be in terms of Section 33(2)(b) of the Industrial Disputes Act, 1947 (for short, ‘the Act’). Approval sought for was not granted on the premise that in passing the said order of termination, Clause 17(5) of the Certified Standing Orders of the Corporation, which required the management to take into account the past record before passing the order of dismissal, was not complied with.

4.During pendency of the said proceedings before the Tribunal, admittedly the Criminal Court held the respondent not guilty of commission of the charge of removal of the s