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Raj. State Road Transport Corp., & Anr vs Satya Prakash & Anr on 22 November, 2013

5. It was argued that the guidelines laid down by the Hon'ble Apex Court in Rajasthan SRTC's case supra, that wherever there seems violation, the workman has two choices either to bring to the notice of the Industrial Tribunal about the non-compliance of Section 33(2)(b) of the Act through an application or can challenge the order 5 of dismissal invoking Section 10(4-A) or Section 10(1)(c) or Section 11 of the Act. Hence, when the respondent has challenged the case on merit, the Labour Court had no jurisdiction to entertain the arguments of the respondent- workman regarding the non-compliance of Section 33(2)(b) of the Act. It was submitted that the workman after suffering an order on merits cannot take recourse to violation of the provisions of Section 33(2)(b) of the Act.
Rajasthan High Court - Jodhpur Cites 0 - Cited by 92 - G Mathur - Full Document

Management Of Karur Vysya Bank Ltd. vs S.Balakrishnan on 10 February, 2016

In such circumstances, the High Court interfering with the punishment imposed held, is contrary to the view expressed by the Hon'ble Apex Court in Management of Karur Vysya Bank Limited (supra), the situation herein is entirely different, Corporation has challenged the award of the Labour Court. In the said proceedings, keeping in view of the fact that the approval required under Section 33(2)(b) of the Act had not been taken due to mistaken notion of the legal position by the officers and considering the status of the Corporation being a public sector, in the interest of the public at large, the order of the Labour Court has been modified restricting the backwages to 50%. In the circumstances, the judgments referred to by the learned counsel for the Corporation is not applicable to the facts of the present case. The evidence of MW1 does not prove the charges levelled against the respondent as viewed by the Tribunal.
Supreme Court - Daily Orders Cites 9 - Cited by 45 - Full Document

North East Karnataka Road Transport ... vs Shivasharanappa S/O Basanna Rawathgol on 14 October, 2015

25. The Co-ordinate Bench of this Court in the case of Venkat as well as Rupasingh R. Chavan supra, held that the order of dismissal of the workman contravening Section 33 of the Act would render the dismissal order inoperative considering and distinguishing the judgment of the Hon'ble Apex Court in the case of Rajasthan SRTC as well as Shivasharanappa supra.
Karnataka High Court Cites 2 - Cited by 5 - A S Bopanna - Full Document
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