MANAGEMENT OF BORPUKHURIE TEA ESTATE vs PRESIDING OFFICER, INDUSTRIAL TRIBUNAL ASSAM AND ANR.

The Supreme Court ruled that under Section 33(3)(b) of the Industrial Disputes Act, 1947, an employer must seek approval from the appropriate authority before dismissing a protected workman during the pendency of an industrial dispute. The Court held that the management's dismissal of the respondent, a protected workman, was invalid as it did not obtain the necessary permission, thus reinforcing the protective measures for workers under the Act. The Court emphasized that any amendment to the application regarding the applicable section should be permitted by the Tribunals.