IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.11250/2009 Date of Order :: 16th May, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Om Prakash Sheoran, Counsel for the petitioner Mr. Kailash Choudhary, Counsel for the respondents BY THE COURT:
Challenge in this writ petition is to the award dated 19.5.2009, whereby the Industrial Tribunal, Jaipur, dismissed the application filed by the petitioner-employer under Section 33(2)(b) of the Industrial Disputes Act and did not grant approval to the termination order of the workman-Ram Singh on the ground that he had died during the pendency of the proceedings, as such the charges of misconduct could not be proved.
Having heard the learned counsel for the parties, it is noticed that the workman-Ram Singh was appointed in the services of the Rajasthan State Road Transport Corporation (for short, ‘Corporation’). His services were terminated by the Corporation on the ground of misconduct. The Corporation filed an application under Section 33(2)(b) of the I.D. Act seeking approval of the termination order. During the pendency of the proceedings before the Tribunal, workman Ram Singh died on 30.5.2044, as such his wife and son were impleaded as legal heirs of workman. The learned Industrial Tribunal, Jaipur sans arriving at a conclusion as to whether the charges levelled against the workman were proved or not, dismissed the application filed under Section 33(2)(b) of I.D. Act on the ground that the employee had died during the pendency of the proceedings, as such the charges could not be proved.
Since the rights of the respondents are to be determined on the basis of approval of termination order arising out of the charges of misconduct levelled against the workman, the impugned award of the learned Industrial Tribunal, Jaipur seems to be erroneous, who is found to have wrongly held that on account of the death of employee Ram Singh, the charges of misconduct could not be proved.
In view of the above backdrop, the impugned order dated 19.5.2009 passed by the learned Tribunal is set-aside and the matter is remitted to the learned Industrial Tribunal, Jaipur with the direction to decide the application filed under Section 33(2)(b) of the I.D. Act afresh on merits holding as to whether the charges of misconduct are proved or not against the workman Ram Singh.
With the afore-stated directions, the writ petition stands disposed of.
(MAHESH BHAGWATI),J.
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