The Bombay High Court, Nagpur Bench, dismissed petitions filed by 24 employees of Lokmat Media Private Limited, challenging their dismissal without charge-sheet or enquiry in 2013. The dismissals were related to ongoing industrial disputes. The Industrial Court had granted approval for the dismissals, which the petitioners contested on various grounds, including improper revival of the employer's application under Section 33(2)(b) of the Industrial Disputes Act, 1947.

The High Court ruled that the issues raised by the petitioners were premature and should be addressed under Section 33A of the Industrial Disputes Act, which allows employees to challenge the merits of their dismissal after approval is granted. The Court found no evidence of prejudice against the petitioners due to the withdrawal and revival of the employer's application. Consequently, the petitions were dismissed with the liberty for the petitioners to pursue their claims before the Industrial Court.

1. Introduction:

The case involves multiple writ petitions filed by employees of Lokmat Media Private Limited, challenging their dismissal from service in 2013. The dismissals were made during the pendency of industrial disputes and without a formal enquiry or charge-sheet.

2. Background:

The employees, comprising both journalists and non-journalists, were dismissed on 21st November 2013. The employer had sought approval for these dismissals from the Industrial Court under Section 33(2)(b) of the Industrial Disputes Act, 1947. Subsequently, the employer withdrew its application for approval, leading to further legal challenges by the employees.

3. Legal Proceedings:

The Industrial Court initially permitted the withdrawal of the employer’s application, which was followed by the petitioners filing complaints under Section 33A. The Industrial Court granted approval for the dismissals, prompting the petitioners to challenge this decision in the High Court.

4. High Court Ruling:

The Bombay High Court found that the petitioners' arguments regarding prejudice and wrongful revival of the employer's application were not supported by evidence. The Court emphasized that the appropriate forum for addressing these grievances is the Industrial Court under Section 33A, where the petitioners can challenge the dismissal's validity on merits.

5. Conclusion:

The High Court dismissed the petitions but granted the petitioners the liberty to pursue their complaints under Section 33A of the Industrial Disputes Act before the Industrial Court. The Court affirmed that the Industrial Court's approval of the dismissals was legally sound, and any further challenge must be based on the merits of the case as determined under Section 33A.