KPP -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2529 OF 2010 Mohamed Azam Shaikh ....Petitioner versus The National Aviation Company of India Ltd. ...Respondent Mr. R.V. Govilkar for the petitioner. CORAM: P.B. MAJMUDAR & A.A. SAYED , JJ. DATE: MARCH 03, 2011. P.C. The petitioner has been removed from the services of respondent after holding departmental enquiry. The enquiry was held against the petitioner and he was found guilty in connection with the charge of abetting a smuggler. The management thereafter applied for approval under Section 33 (2) (b) of the Industrial Disputes Act. The petitioner at that stage filed this petition on the ground that there is no Judge to hear the approval application. It is submitted that Member of the Industrial Tribunal is there but there is no notification. The appropriate government may expedite this process by issuing notification in this behalf. In our view, when proceedings are pending before the Industrial Tribunal, the petitioner cannot challenge the dismissal order. Apart from that, the petitioner has an alternate remedy to raise appropriate industrial dispute challenging the dismissal order, in case the approval is not likely to be decided KPP -2- within a reasonable time. Even otherwise, in the enquiry the petitioner was found guilty on the ground that he was abetting a smuggler and he was also found guilty of serious misconduct. This Court’s powers are otherwise limited. In our view, the prayer made by the petitioner can never be granted by this Court. In view of this, the learned counsel for the petitioner is not pressing this petition and submits that at least proceedings before the Industrial Tribunal may be ordered to be expedited. Petition is accordingly dismissed. In case appropriate notification is issued giving powers to an officer under Section 33 (2) (b) of the Act, the proceedings before the appropriate forum is ordered to be expedited. P. B. MAJMUDAR, J. A.A. SAYED, J.