relationship of employee&employer

Querist : Anonymous (Querist) 11 November 2009 This query is : Resolved
DearSir
May i know wheather during pendency of approval application eployee& employer exsist ? Pl give judgment

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Manish Singh (Expert) 11 November 2009
if you mean to say by the term "pending approval application" to mean that the acceptance or approval of the job has not yet been done, then in that case no employee -employer relation exists.

Raj Kumar Makkad (Expert) 11 November 2009
Please come with complete facts. Your quarry is incomplete because approvlp of application is used in various situations like closure of the industry, approval at the time of appointment and so on. clear the quarry and then have the relevant answer.

H. S. Thukral (Expert) 12 November 2009
Dear Manish and Mr. Makkad
This is in relation to application for approval under section 33(1)B of ID Act. When any dispute is pending, the conditions of service of workmen connected with the dispute are to remain unchanged with a proviso in the aforesaid subsec when an employer can take action against the employee for misconduct with the approval of the Court where such proceedings are pending. I have seen another query of the same author and has attempted to reply.

As far the author is concerned, as I have said in subsequent query the doctrine of relation back shall apply but you donot have to pay any wages during this period.