THE MANAGEMENT OF HOTEL IMPERIAL, NEW DELHI & OTHERS vs HOTEL WORKERS' UNION

The Supreme Court held that under Section 33 of the Industrial Disputes Act, 1947, an employer cannot dismiss an employee without the permission of the Industrial Tribunal, which fundamentally alters the common law regarding suspension without pay. The Court ruled that while an employer may suspend an employee pending such permission, the obligation to pay wages is contingent upon the Tribunal's decision; if permission is granted, the employer is relieved of the obligation to pay wages, but if denied, the employee is entitled to full wages from the date of suspension. The Court upheld the Tribunal's authority to grant interim relief, including wages during suspension, pending the decision on dismissal applications.