AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Justice Ram Mohan Reddy
The Public Road Transport Corporation aggrieved by the award dated 31.3.2011, of III Additional Labour Court, Bangalore, in Reference No.44/2009, directing reinstatement with 50% back wages and consequential benefits, has presented this petition.
There can be no dispute that the respondent is a concerned workman, in I.D.No. 148/2005, pending before the Industrial Tribunal, relating, to adjudication of an industrial dispute over the charter of demands of workmen, espoused by a Trade Union and therefore, it was mandatory for the petitioner Corporation to obtain prior approval of the Industrial Tribunal u/s 33(2)(b) of the Industrial Disputes ACT, 1947, and having not done so, the order of termination from service is non-est and inoperative, in the light of the decision of the Apex Court in Jaipur Zilla Saha kari Bhoomi vikas Bank Limited Vs. Ram Gopal sharma and others reported in 2002 LLJ 834.
The labour Court considered the aforesaid position in law and applied the same to the factual'' matrix, to arrive at a just conclusion.
Sri L.Shekar, teamed counsel for the respondent submits that the workman was reinstated into service by order dated 26.10.2031 and is giving up the claim for 50% of back wages as awarded, to put an end to the litigation.
In the result, this petition is disposed of. The award impugned is modified disentitling the respondent to backwages and in all other respect remains unaltered.