ORDER A.S. Bopanna, J : The petitioner-NWKRTC is before this Court assailing the order dated 17.09.2011 passed in KID No.68/2011. 2. Heard the learned Counsel for the petitioner and perused the petition papers including the award passed by the Labour Court. 3. In respect of the order passed by the management on 28.05.2011, the respondent herein had assailed the action before the Labour Court. The Labour Court ultimately has set aside the order of punishment and directed reinstatement without backwages. The charge alleged against the respondent is that he had driven the bus in a rash and negligent manner and had caused the accident. Though in a normal circumstance, considering that the charge which was alleged had been proved against the workman and since the same had been set aside by the labour Court, the matter would require detailed consideration. 4. However, the fact which is not in dispute is that as on the date of the dismissal order passed on 28.05.2011, there was a main dispute pending between the Union and the petitioner-management relating to charter of demands in I.D.No. 148/2005. In that view, since there was alteration of service conditions when there was a pending dispute, it was necessary for the petitioner-management herein to seek approval of the order of the dismissal by filing an appropriate application under Section 33(2)(b) of the Industrial Disputes Act, 1947. Admittedly, in the instant case, such approval had not been sought and therefore, in any event, the dismissal order cannot he sustained as it would be non est in the eye of law. This aspect of the matter relating to the same petitioner-management has been considered by this Court in W.P. No.65466/2011 dated 07.08.2012. In that view of the matter, the instant petition also will not merit consideration. Accordingly, the same is dismissed. No order as to costs. Petition dismissed.