AIR INDIA CORPORATION, BOMBAY vs V. A. REBELLOW & ANR.

The Supreme Court held that under Section 33(1)(b) and Section 33(2)(b) of the Industrial Disputes Act, 1947, an employer cannot terminate a workman’s services for misconduct connected with a pending dispute without prior approval from the authority. The Court found that the termination of the respondent's services did not stem from misconduct, thus the employer's action was not in violation of the Act. The Court upheld the Labour Court's decision that the respondent was a workman involved in the industrial dispute and that the termination was illegal due to lack of required approval.