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august 1963

Supreme Court of India · 1963-08-14

STATE BANK OF BIKANER vs BALAI CHANDER SEN

Citation / case number
SC 1963/143
Court
Supreme Court of India
Petitioner
STATE BANK OF BIKANER
Respondent
BALAI CHANDER SEN
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that under Section 33(2)(b) of the Industrial Disputes Act, it is permissible for an employer to seek approval for discharge of an employee either before or after the actual discharge. The Court clarified that the principles established in the Strawboard Manufacturing Co. case allow for the application for approval to be made post-discharge, provided the three conditions of dismissal, payment of wages, and application are part of the same transaction. The Labour Court's refusal to approve the bank's action was overturned, affirming the validity of the discharge process followed by the bank.

STATE BANK OF BIKANER vs BALAI CHANDER SEN · Niyam