The Divisional Controller vs G.N. Guttedar

N. Ananda, J.—The learned Single Judge following the judgment of Supreme Court in the case of Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. Vs. Ram Gopal Sharma and Others, and the order of this Court in W.P. No. 60395/2012 dated 13.07.2012 directed the Corporation (appellant herein) to reinstate the workman with 25% backwages and other consequential benefits. The learned Single Judge further observed that the order is subject to the outcome of final order in W.A. No. 1159/2012 and connected matters.

The learned counsel for appellant relying on the judgment of Supreme Court reported in Rajasthan State Road Transport Corporation and Another Vs. Satya Prakash, , would submit that if any conditions of Section 33 of the Industrial Disputes Act are violated by the Management during pendency of industrial dispute, the respondent has to seek for approval for imposing penalty by filing an application u/s 33(2)(b) of the Act.

The learned counsel for appellant would submit that this Court in W.A. No. 50331/2013 (L-KSRTC) dated 19.02.2014 in the case of Divisional Controller, Bijapur Division Vs. Anwar S/o. Ningangouda Patil, had remitted the matter to learned Single Judge, to decide the petition on merits.

The learned counsel for respondent relying upon the Division Bench judgment of this Court in W.A. No. 5738/2012 (L-KSRTC) dated 12.03.2013 would submit that the Division Bench has dealt with the matter with reference to the decision reported in the case of Jaipur Zilla Sahakari Bhoomi Vikas Bank, and held that non-compliance of Section 33(2)(b) would vitiate the inquiry.

At this juncture, we notice that when the Division Bench of this Court passed the judgment in W.A. No. 5738/2012 (L-KSRTC) on 12.03.2013, the judgment of the Supreme Court in the case of Rajasthan State Road Transport Corporation was not available. The aforesaid judgment was rendered on 09.04.2013. In W.A. No. 50331/2013 (L-KSRTC), the division Bench of this Court following the Constitution Bench Judgment of the Supreme Court in the case of Jaipur Zilla Sahakari Bhoomi Vikas Bank and also taking into consideration the judgment of the Supreme Court in the case of Rajasthan State Road Transport Corporation, has remitted the matter to the learned Single Judge to consider the petition on merits.

On hearing learned counsel for parties and after going through the aforesaid judgments, we find that the following points had arisen for consideration before the learned Single Judge:

Whether the order of Labour Court was justifiable?

Whether the penalty imposed by the Management without seeking permission u/s 33(2)(b) was void or inoperative?

In the instant case, the learned Single Judge has answered point No. 1. The learned Single Judge has not answered point No. 2. Therefore, we remit the matter to the learned Single Judge for reconsideration, in the light of the judgment of Supreme Court in the case of Rajasthan State Road Transport Corporation and Another Vs. Satya Prakash, .