VidhiSangh

Supreme Court of India · 22/09/2021

SRI DORAIRAJ SPINTEX versus R CHITTIBABU & ORS

[2021] 12 S.C.R. 475 · 2021 INSC 527

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Summary

The Court allowed the management’s appeal and granted approval under Section 33(2)(b) for dismissals concerning alleged vandalism unconnected with the industrial demands pending in conciliation. Mere pendency did not require prior permission under Section 33(1)(b). Compliance with Section 33(2)(b) was undisputed, and the contrary rejection and High Court affirmance were set aside. The result did not affect lawful benefits of legal representatives of four deceased workmen against whom the appeal had already been dismissed.

Issues

  1. Whether dismissal for misconduct unconnected with pending industrial demands required prior permission under Section 33(1)(b) or approval under Section 33(2)(b).
  2. What effect the decision had on four deceased respondents against whom the appeal had already been dismissed.

Provisions considered

Held

Result

Management’s appeal allowed and Section 33(2)(b) approval granted, preserving lawful benefits of legal representatives of the four deceased respondents already outside the appeal. No costs.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 475.