M.D., Tamil Nadu State Transport ... vs Neethivilangan, Kumbakonam

The Supreme Court held that under Section 33(2)(b) of the Industrial Disputes Act, 1947, if an employer's application for approval of dismissal is rejected by the Tribunal, the workman is entitled to reinstatement and back wages. The Court affirmed the High Court's decision that the respondent, who was dismissed without approval, is deemed to have been in continuous service since the date of dismissal and entitled to all benefits. The appeal by the employer was dismissed, reinforcing the legal principle that a workman cannot be left without remedy after an unsuccessful dismissal approval application.