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Supreme Court of India 2021-09-22 allowed

Dorairaj Spintex vs R. Chittibabu & Ors

Bench: 3 — D.Y. Chandrachud

In Brief

An employer dismissed 31 workmen for vandalism of company property while two industrial disputes over pay, permanency, and working conditions were pending in conciliation. The labour authority and High Court rejected the employer's approval application, holding that prior approval was necessary. The Supreme Court allowed the appeal, holding that since the dismissal was for misconduct unconnected with the pending disputes, Section 33(2)(b) of the Industrial Disputes Act applied, not Section 33(1)(b). As the employer had complied with Section 33(2)(b) requirements (paying one month's wages and applying for approval), the application for approval was granted.

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Industrial Disputes Act Labour Law Misconduct and Dismissal Conciliation Proceedings

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