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jaykumtekar (Legal Advisor)     31 August 2012

I.d. act.

Dear All,

I am working in a factory and MSO is applicable to our establishment.  Recently I have taken action against one of the employee and wants to dismiss the said employee as the charges against him in the domestic inquiry stood proved agaisnt him.

In the meanwhile  the employee has approached the Industrial court and have seeked relief not to terminate them without following due procedure of law.  The matter is still pending in the Industrial court for adjudication.  Court has given them the relief for the same.

Now my question is before terminating him I would be required to file an application under section 33(2) (b of the Idustrial Disputes Act and seek their permissiion to dismiss the said employee.

 

What is the format of the application to be made and kindly provide with some format 

 

Kindly proide a format under section 33 (2) (b) of the I.D.Act.



Learning

 2 Replies

sushil (Sr. Clerk)     31 August 2012

Jay Kumtekar,

 

If there is a any dispute (not connecting with the matter) pending adjudication between your Company & workmen before any Industrial/Labour Court or Arbitrator or Labour Commissioner at the time of you issued dismissal/discharge orders of a workmen then it is mandatory to make application immidiately u/s.33 2(b) of the I.D. Act before the forum your dispute is pending. The format is given in guide of Industrial Dispute Act 1947.

 

Regards.

 

Sushil

darshana sawant (associate consultant)     01 September 2012

dear mr kumthekar,

 

What is the relief awarded by the court?  Have you sent the enquiry findings to him for his comments ?  Thereafter, as per section 33(1)(b) it states that permission in writing is to be obtained from the authority before which the proceeding is pending. As per rules applicable to your state the form is given in which the permission is to be sought.

 


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