Blue Star Employees Union vs Ex. Off. Principal Secy To Government ...

The Supreme Court held that the dismissal of workmen under Section 33-A of the Industrial Disputes Act, 1947, cannot be treated as res judicata for a subsequent reference under Section 10(2-A) of the Act. The Court emphasized that the Tribunal must first examine compliance with Section 33 before determining the justification of termination. The Court overturned the High Court's ruling, allowing the appeal and clarifying the scope of proceedings under Section 33-A, thereby establishing that individual complaints do not preclude collective action by the union.