Heard Mr.Hardik C. Rawal, learned advocate for the petitioner. It is submitted by him that the petitioner has complied with the requirements of Section 33(2)(b) of the Industrial Disputes Act, 1947 as well as the proviso thereto. That the money order for one month salary was sent to respondent No.1 on 10.04.2003, that has been served on 12.04.2003, as per the Certificate of the Postal Department. However, the receipt was not received from the Postal Department at the time of filing of the application for approval. The Labour Court has not taken into consideration this aspect and has proceeded on the ground that there has been a default on the part of the petitioner for not complying with the conditions of Section 33(20(b) of the Industrial Disputes Act, 1947.
The learned advocate for the petitioner has placed reliance upon the judgment of the Supreme Court in Karnataka State Road Transport Corporation Vs. Lakshmidevamma (Smt.) reported in 2001(5) SCC
433. Rule and Notice as to interim relief, returnable on 08.08.2012.
By way of ad-interim relief, it is directed that the implementation, operation and execution of the impugned judgment/order/award dated 18.05.2011 passed by the Industrial Tribunal, shall remain stayed, till then.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top