Back
SURAJ GOVINDARAJ
Mulberry Silks Ltd. (Formerly Known As M/S Mulberry Silk International Ltd. ), Represented By Its Assistant General Manager Mr. Dinesh Mathur – Appellant
Versus
N. G. Chowdappa, S/o. Sri. N. Gangappa – Respondent
ORDER :
1. The petitioner is before this Court seeking for the following reliefs:
2. The petitioner is a company carrying on the business of manufacturing of silk fabrics from the year 1996. On 24.07.2002, a domestic enquiry was held in which the respondent was found guilty of misconduct and his services came to be dismissed vide order dated 06.08.2003. The respondent along with four others filed an application No.1/2004 under Section 33(C)(2) of the Industrial Disputes Act, 1947 (for short, ‘the Act’) claiming full wages from the date of dismissal till filing of the application. The objections were filed.
3. During the pendency of the application, four workmen except the respondent settled their claim with the petitioner vide a settlement agreement dated 10.04.2008. As such application No.1/2004 referred to supra continued only in respect of res
Section 33(C)(1) of I.D.Act deals with situation where money is due to a workman under a settlement or an award.
Dismissal during pendency of industrial proceedings without Section 33(2)(b) approval renders it inoperative; workman deemed continuing in service with automatic reinstatement and adjusted back wages....
Non-compliance with the mandatory provision of Section 33(2)(b) of the Industrial Disputes Act, 1947 renders the dismissal order void and inoperative, and the employer is bound to treat the employee ....
The court affirmed that dismissal without approval under Section 33(2)(b) is inoperative, and the employee is deemed to continue in service until approval is granted.
Section 33 (2) of I.D. Act reads as conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.
Workers can claim back wages if dismissed without statutory approval under Section 33 of the Industrial Disputes Act, as such dismissals are deemed void.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
