HINDUSTAN GENERAL ELECTRICALCORPORATION LTD. vs VISWANATH PRASAD AND ANOTHER

The Supreme Court held that under Section 33(2)(b) of the Industrial Disputes Act, 1947, dismissal of a workman during the pendency of conciliation proceedings is prohibited unless prior approval is obtained. The Court clarified that Section 33A allows a workman to file a complaint regarding such dismissal, which must be treated as a dispute. The Labour Court's refusal to consider the pendency of conciliation proceedings was upheld, as it was determined that even if such proceedings existed, they would not affect the outcome of the case, leading to the dismissal of the appeal.