NDLI: Sri Dorairaj Spintex Vs. R Chittibabu & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Industrial Disputes Act 1947
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Industrial Disputes Act, 1947 (14 of 1947)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Industrial Disputes Act, 1947: s.33: Dismissal of workmen during pendency of Conciliation Proceedings – On 4 July 2002, workmen raised industrial dispute under s.2(k) – Dispute was taken into conciliation and proceedings were pending – Thereafter, workmen commenced a stay-in strike on 31 July 2002 – On 1 August 2002, another dispute raised by the workmen which was also taken into conciliation – Appellant-management initially suspended few workmen – Thereafter, domestic enquiry was commenced which resulted into dismissal of workmen – Following the order of dismissal, management filed an application for approval of its action of dismissal before the Assistant Commissioner of Labour under s.33(2)(b) of the ID Act – The Assistant Commissioner rejected the application for approval of dismissal on the ground that a prior approval was necessary under s.33(1)(b) before the termination and that the action of management in taking steps in pursuance of s.33(2)(b) was unlawful – High Court upheld the said order – On appeal, held: s.33 imposes a ban on the employer discharging, dismissing or punishing a workman during the pendency of conciliation proceedings and other specified authorities – However, s.33(1)(b) provides that employer may dismiss workmen with the express permission in writing of the authority before which the proceeding is pending in regard to “any matter connected with the dispute” – s.33(2)(b) deals with the power of employer to dismiss workmen in regard to “matter which is not connected with the dispute” – In the instant case, in the first conciliation proceeding, the demand of workmen was for promotional avenues, the payment of monthly salary before the seventh day of each month, drinking water and protective clothing – In the second conciliation proceedings, the workmen had claimed the status of permanency – The disciplinary enquiry was held in respect of the acts of misconduct alleged to have been committed by the workmen involving the property of the employer – These dismissal for misconduct cannot be regarded as being connected to the dispute which was raised in conciliation – Hence, the provisions of s.33(2)(b) of the ID Act would stand attracted – In this view of the matter, the order of the Assistant Commissioner was contrary to law.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 527
Petitioner	Sri Dorairaj Spintex
Respondent	R Chittibabu & Ors
SCR	[2021] 12 S.C.R. 475
Judgement Date	2021-09-22
Case Number	5897

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