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jaykumtekar (Legal Advisor)     14 September 2012

Approval application under sec. 33(2) (b)

Dear All,

Ours is a Manufacturing Unit in Mumbai.  We had employed contract labours in the canteen and subsequently they were terminated as per the process of law.  The said contract labours approached the court for permanancy since they had completed 240 days and were employed for more than 8 to 10 years.  The Hon'blle court allowed their interim application and we were directed not to terminate their service till the matter is fully adjudicated. 

Now the matter is pending before the court for disposal.  In the intervening period we initiated disciplinary action against 2 workman and constituted a domestic inquiry wherein both the employees have been found guilty of the misconduct.  The Disciplinary authority has concurred with the findings of the IO and after applying his mind has decided to teriminate both the workman.

The Inquiry report and the 2nd showcause notice has been sent to the CSE.  Since the dispute is pending before the court it is now incumbent upon us to move an approval application before the Court where the application is pending under section 33 (2) (b) i.e. in form K.

I request all the members to provide me a realistic draft / specimen of the approval application if moved in your organisation so that the same can be relied upon to prepare a draft in my case.

Reqested to send a draft if possible.




Jay Kumtekar



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