THE TATA IRON AND STEEL CO. LTD. vs D. R. SINGH

The Supreme Court held that under Section 33(2)(b) of the Industrial Disputes Act, 1947, an employer can seek approval for action against an employee even if they believe the employee is not a workman concerned with the ongoing industrial dispute. The Tribunal erred by not addressing the preliminary question of the employee's status before considering the merits of the application. The Court emphasized that it is legitimate for an employer to file such an application without prejudice to their position regarding the applicability of Section 33.