The Hindu Business Line : Tribunal exceeded jurisdiction in refusing approval of dismissal of worker: HC

Chennai, July 3 Refusal by the Industrial Tribunal, Chennai, to approve an order of dismissal of a driver of the State-owned Anna Transport Corporation under Section 33(2)(b) of the Industrial Disputes Act has been set aside by the Madras High Court.

Mr Justice K. Chandru, who heard a writ petition of the corporation, challenging the order dated 16-11-1996 of the tribunal, ruled that the tribunal had exceeded the jurisdiction conferred upon it under the section.

Allowing the petition, the judge, however, said that notwithstanding the setting aside of the order of tribunal, it was always open to the employee (Mr A.V. Subramanian) to raise an industrial dispute with reference to his dismissal, if he was so advised.

According to the petitioner corporation, the workman was continuously absent from work from 25-7-1991 without prior intimation.

Since it would amount to a misconduct, he was charge-sheeted and an enquiry was conducted.

In the enquiry, he admitted the charge.

After getting his reply, he was dismissed from service.

Since an industrial dispute was pending between him and the management, an approval petition was filed before the Industrial Tribunal.

The tribunal held that even according to the management the workman had not been given an opportunity to plead his case, that would vitiate the dismissal order.

It also recorded that two telegrams were sent by the workman seeking leave, and the management, therefore, could not say he was absent.

The tribunal rejected the prayer of the management.

Aggrieved by the order of the tribunal, the management filed the writ petition.

The judge ruled that the tribunal had exceeded its jurisdiction, and allowed the writ petition.

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