[2025:RJ-JP:5594] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.15763/2022 Chief Manager, Rajasthan State Road Transport Corporation, Vaishali Nagar Depot, Jaipur. ----Petitioner Versus 1. Shri Radheyshyam Dagor S/o Shri Ramswaroop, Daily Wages Driver, Rajasthan State Road Corporation, R.o- Khajuri, Post- Khedihewat, Teh.hindaun City, District - Sawaimadhopur (Died During Pendency Of Proceedings) 1/1. Smt. Indira Devi, Wife Of Late Shri Radheyshyam Dagor 1/2. Shri Makhan Singh Dagor, S/o Late Shri Radheyshyam Dagor 1/3. Shri Shushil Kumar Dagor, S/o Shri Radheyshyam Dagor ----Respondents For Petitioner(s) : Mr.Om Prakash Sheoran JUSTICE ANOOP KUMAR DHAND Order 07/02/2025 1. By way of filing this petition, a challenge has been led to the impugned order dated 28.07.2022 passed by the Industrial Tribunal, Jaipur (for short, "the Tribunal") by which the application filed by the petitioner under Section 33(2)(B) of the Industrial Disputes Act, 1947 (for short, "the Act of 1947") has been rejected. 2. Learned counsel for the petitioner submits that the petitioner remained absent from duty, hence a charge-sheet was served upon him and after holding an enquiry, a decision was taken to terminate his services vide order dated 27.07.1997. Counsel [2025:RJ-JP:5594] (2 of 3) [CW-15763/2022] submits that seeking approval of the termination order of the workman, an application under Section 33(2)(B) of the Act of 1947 was submitted before the Tribunal. Counsel submits that the Tribunal held that the Domestic Enquiry conducted against the petitioner was not proper, and the same was then declared as invalid. Counsel submits that proper enquiry was conducted against the workman, but even then, a contrary finding was recorded by the Tribunal and the application filed by the petitioner under Section 33(2)(B) of the Act of 1947 was rejected. 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. Perusal of the record indicates that for seeking approval of the termination order of the workman, an application under Section 33(2)(B) of the Act of 1947 was submitted, wherein a categorical finding was recorded by the Tribunal that principles of natural justice were not followed at the time of conducting enquiry against the workman. Accordingly, the domestic enquiry was declared as invalid and improper. Looking to the fact that during pendency of the proceedings, the workman died, hence, under these circumstances, no fresh enquiry could have been conducted against the deceased-workman, hence, in the light of the judgment passed by this Court in the Case of Smt. Prem Kumari & Ors. Vs. Central Industrial Tribunal & Ors. reported in 1995 (70) FLR 244. 5. In view of the above, The Tribunal has passed a cogent and reasoned order, which requires no interference of this Court. 6. In view of the above, instant petition stands dismissed. [2025:RJ-JP:5594] (3 of 3) [CW-15763/2022] 7. Stay application and all application(s) (pending, if any) also stand dismissed. (ANOOP KUMAR DHAND),J Aayush Sharma/36