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Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): S. P. Bharucha, S. S. M. Quadri, N. Santosh Hegde, S. N. Variava, Shivaraj V. Patil , JJJ

Industrial Disputes Act (14 of 1947) , S.33(2)(b) Proviso— Non-approval of order of dismissal or failure to make application under S. 33(2)(b) seeking approval - Renders dismissal inoperative - Dismissal becomes ineffective from date it was passed - Employee becomes entitled to wages from date of dismissal to date of disapproval of application. AIR 1978 SC 995, Overruled. It is clear from the Proviso to S. 33(2) (b) that the employer may pass an order of dismissal or discharge and at the same time make an application for approval of the action taken by him. "If the approval is not granted under S. 33(2)(b) of Industrial Disputes Act, 1947, the order of dismissal becomes ineffective from the date it was passed and failure to make application under S. 33(2)(b) would render the order of dismissal inoperative. Punjab Beverages P. Ltd. v. Suresh Chand, AIR 1978 SC 995, Overruled. Strawboard Mfg. Co. v. Gobind, AIR 1962 SC 1500 and Tata Iron and Steel Co. v. Modak, AIR 1966 SC 380, Approved. Where an application is made under Section 33(2)(b) Proviso, the authority before which the proceeding is pending for approval of the action taken by the employer has to examine whether the order of dismissal or discharge is bona fide; whether it was by way of victimization or unfair labour practice; whether the condi....