#dismissal approval

Bombay High Court clarifies that wages under Section 33(2)(b) of the Industrial Disputes Act must be paid as an additional amount, not adjusted against salary, for dismissal approval. The ruling emphasizes that minor procedural deficits should not override approval for grave misconduct like corruption, ensuring employers comply strictly with payment obligations.

The Karnataka High Court has ruled that when an employer seeks approval under Section 33(2)(b) of the Industrial Disputes Act to dismiss a workman, the Labour Commissioner’s role is strictly limited to verifying procedural compliance - not evaluating whether the domestic inquiry was fair or justified. This decision reinforces that substantive fairness must be determined by industrial tribunals, not administrative officers, protecting employers from premature merit-based interference and clarifying jurisdictional boundaries in labour disputes.