https://www.taxtmi.com/caselaws?id=188879 The proviso to Section 33(2)(b) of the Industrial Disputes Act applies only when an industrial dispute is actually pending for adjudication before the Tribunal. Where the High Court has stayed the operation of the order of reference, the reference does not become operative and no proceeding is pending during the subsistence of that stay. On that basis, the employer had no obligation to seek approval before dismissal, and a complaint under Section 33A alleging breach of Section 33(2)(b) could not be maintained. en-us Thu, 06 May 2004 00:00:00 +0530 Mon, 17 Jun 2024 15:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=188879 The proviso to Section 33(2)(b) of the Industrial Disputes Act applies only when an industrial dispute is actually pending for adjudication before the Tribunal. Where the High Court has stayed the operation of the order of reference, the reference does not become operative and no proceeding is pending during the subsistence of that stay. On that basis, the employer had no obligation to seek approval before dismissal, and a complaint under Section 33A alleging breach of Section 33(2)(b) could not be maintained. Case-Laws Indian Laws Thu, 06 May 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=188879