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M. S. RAMESH, C. KUMARAPPAN
Management of GEM Granites – Appellant
Versus
Presiding Officer, Industrial Tribunal, Chennai – Respondent
JUDGMENT :
M.S. RAMESH, J.
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act, to set aside the order dated 09.11.2011 made in W.P. No. 17664 of 2001.
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act, to set aside the order of the learned Judge made in W.P. No. 16139 of 2000 dated 09.11.2011.
1. 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:
2.2. The order of reference made to the Tribunal was “whether the action of the Management in transferring eight workers from Chennai to the branch fact
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.
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.
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.
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....
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 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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