THE MANAGEMENT OF RANIPUR COLLIERY vs BHUBAN SINGH AND OTHERS

The Supreme Court held that under Section 33 of the Industrial Disputes Act, 1947, an employer can seek permission to dismiss an employee after a regular enquiry has established the case against the employee. The Court clarified that the term 'pending enquiry' in the Standing Orders refers only to the employer's enquiry and not to proceedings before the Industrial Tribunal. The Court upheld the dismissal of the workmen, stating that the Tribunal's role is to ensure a prima facie case and fair enquiry, not to assess the merits of the dismissal itself.