Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.Ramesh, C.Kumarappan
Management of GEM Granites – Appellant
Versus
Presiding Officer, Industrial Tribunal – Respondent
| Table of Content |
|---|
| 1. overview of the industrial dispute. (Para 2) |
| 2. arguments by parties regarding section 33. (Para 3 , 4) |
| 3. judicial interpretation of section 33 provisions. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. conclusion on the orders of the learned single judge. (Para 15) |
JUDGMENT :
M.S.RAMESH, J.
Since the issue involved in both these Writ Appeals are inter-connected, they are heard together and disposed of through this common judgment.
2. The brief and relevant facts involved in the two appeals are as follows:-
2.1. On 02.09.1997, when eight workers of M/s.Gem Granites (hereinafter referred to as 'the Management') were transferred to a branch factory in Karnataka from Chennai, they had raised Industrial Disputes before the Conciliation Officers, which ultimately ended in a failure and through G.O.Ms.No.472, Labour and Employment Department, dated 02.07.1998, the State Government had referred the dispute for adjudication by the Industrial Tribunal at Chennai (hereinafter referred to as 'the Tribunal').
2.2. The order of reference made to the Tribunal was “whether the action of the Management in transferring eight workers from Chennai to the branch factory at Karnataka w
Failure to seek approval under Section 33(2)(b) of the Industrial Disputes Act renders dismissal orders void ab initio, overriding subsequent interpretations from Smaller Benches.
Failure to seek approval under Section 33(2)(b) of the Industrial Disputes Act renders dismissal void and inoperative, as established by the Supreme Court in Jaipur Zila case.
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.
Workers can claim back wages if dismissed without statutory approval under Section 33 of the Industrial Disputes Act, as such dismissals are deemed void.
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....
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
