PAKIRBHAI FUIABHAI SOINNKI vs PRESIDING 0l717ICER & ANR.

The Supreme Court held that under Section 33(3) of the Industrial Disputes Act, 1947, a workman must be paid a reasonable subsistence allowance during the pendency of proceedings to ensure a fair opportunity to defend themselves. The Court found that the non-payment of such allowance violated principles of natural justice, thereby vitiating the Tribunal's proceedings. Consequently, the Court allowed the appeal, emphasizing that a workman remains an employee until the Tribunal grants permission for dismissal.