Does the approval of dismissal of a workman granted under Section 33(2)(b) bar him from raising a dispute about his dismissal and seeking a reference of the same for adjudication under Section 10?
There is a basic difference between \"approval\" and \"reference\". The jurisdiction of the authority in deciding an application for approval is very limited. The authority has to see whether the employer had made out a prima facie case for granting the application. The jurisdiction of the authority in deciding a reference is very wide. The authority has to see whether the
dismissal is legal and proper from all relevant aspects. Grant of approval does not bar the workman from raising a dispute and seeking a reference of the same for adjudication.
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