https://www.taxtmi.com/caselaws?id=190371 During pendency of industrial proceedings, dismissal or discharge for misconduct unconnected with the dispute takes effect only on strict compliance with the proviso to Section 33(2)(b) of the Industrial Disputes Act, 1947. The proviso is mandatory: the employer must pay one month's wages and file an approval application as part of the same transaction before the action can operate. Non-compliance renders the dismissal void and inoperative from inception. Section 31 is only penal, and Section 33A does not make a defective dismissal valid until set aside. If approval is refused or no valid application is made, the workman is treated as continuing in service without a separate reinstatement order. en-us Thu, 17 Jan 2002 00:00:00 +0530 Sat, 13 Jan 2018 10:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=190371 During pendency of industrial proceedings, dismissal or discharge for misconduct unconnected with the dispute takes effect only on strict compliance with the proviso to Section 33(2)(b) of the Industrial Disputes Act, 1947. The proviso is mandatory: the employer must pay one month's wages and file an approval application as part of the same transaction before the action can operate. Non-compliance renders the dismissal void and inoperative from inception. Section 31 is only penal, and Section 33A does not make a defective dismissal valid until set aside. If approval is refused or no valid application is made, the workman is treated as continuing in service without a separate reinstatement order. Case-Laws Indian Laws Thu, 17 Jan 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=190371