In Brief
A bank dismissed an employee without obtaining the statutory approval required under Section 33(2)(b) of the Industrial Disputes Act, 1947 when an industrial reference was pending. The employee filed a complaint under Section 33A, which the Industrial Tribunal treated as a reference. The Tribunal found the domestic enquiry fair but re-examined evidence and held the dismissal unjustified, effectively acting as an appellate court. The Supreme Court held that an Industrial Adjudicator cannot re-examine factual findings of a domestic enquiry or reweigh evidence. The Tribunal may only interfere if the enquiry was mala fide, improper, perverse, or violated natural justice. The Court allowed the appeal, set aside the award, and affirmed the dismissal, while noting the employee's retirement and directing non-recovery of amounts already received.
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