S. K. G. SUGAR LTD. vs SRI ALI HASSAN, CHAIRMAN, INDUSTRIALTRIBUNAL, BIHAR & OTHE

The Supreme Court held that under Section 33 and Section 33A of the Industrial Disputes Act, 1947, the term 'employer' refers specifically to the employer involved in the industrial dispute at the time of reference. The Court ruled that the appellant, having taken possession of the sugar factory after the reference was made, did not qualify as the employer and thus was not required to seek permission from the Tribunal for discharging workers. The Court found that the reference made by the Bihar Government was valid as it pertained to the management at the time of the dispute, not the company itself, and therefore, the proceedings against the appellant were quashed.