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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.Ramesh, C.Kumarappan
Management of GEM Granites – Appellant
Versus
Presiding Officer, Industrial Tribunal – Respondent
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 was justified and if not, to what relief they are entitled to”. The said reference was taken by the Tribunal on file as Industrial Dispute in I.D.No.100 of 1998.
2.3. Thereafter, when the Management intended to dismiss these eight workmen, who had disregarded the transfer order, they had fi
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.
The main legal point established in the judgment is the independence of the proceedings under Section 10, 10(4-A), and 33(2)(b) of the Industrial Disputes Act, and the inapplicability of the principl....
Termination of service without prior permission under Section 33 of the Industrial Disputes Act is void if deemed punitive, entitling workmen to salary and benefits during the period of deemed servic....
Termination of workmen deemed punitive under Section 33 of the Industrial Disputes Act requires prior permission, rendering any non-compliant termination void ab initio.
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