While Section 33(2)(b) states that the employer can for the misconduct of the workman discharge or punish by way of dismissal or otherwise. the matter certainly shall not be connected to the pending dispute.
In order to exercise the powers of discharge or dismissal, the proviso to Section 33(2)(b) requires two conditions to be fulfilled. If the requirements are not satisfied, the management’s application is liable to be dismissed. In the case of Podar Mills Ltd. v. Bhagwan Singh and Anr.,1974, the appellant’s application for approval of dismissal was refused by the Tribunal on grounds for delay in making an application of approval; the Supreme Court upheld the judgment. The conditions are
The concerned workmen should be paid wages for one month. These one-month wages include all prior wages plus the wages for the next month. The court viewed in Prabhakar H. Manjare v. Indian Telephone Industries Ltd., 1998, where the application of approval was denied and held illegal as one month’s back wages were not paid. Concludingly, the appellant’s appeal was granted, restoring his services, and he was entitled to all consequential benefits.
The employer must make an application before the appropriate authority for approval of the action taken by the employer.
From India, Madras
If the employee is involved in any misconduct, you can terminate him after giving him an opportunity to defend the charges in an enquiry. For that there is no need to refer any provisions of Industrial Disputes Act. Only thing to be noted is that before terminating the employer should follow some principles of natural justice and give the delinquent employee sufficient opportunity to be heard.
From India, Kannur