P. D. SHARMA vs STATE BANK OF INDIA

The Supreme Court held that under Section 33(3) of the Industrial Disputes Act, 1947, the Tribunal must decide on the application for permission to discharge a protected workman, even if an industrial dispute has been resolved during the pendency of the application. The Court clarified that the Labour Court was correct in ruling it lacked competence to entertain the application after the dispute was settled. The Court also emphasized that the scope of appeal under Article 136 is broader than a writ petition under Article 226, allowing for a review of both facts and law.