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Dismissal after misconduct is proved will not be violative of Section 33(2) (b) of I. D. Act when there is no dispute pending. - The Industrial Disputes Act, 1947

Order of dismissal of service of the workman, passed on the basis of proved misconduct, and not during pendency of any dispute or as victimization, is not in contravention of Section 33 (2) (b) of the Industrial Disputes Act, 1947.Dismissal of his service of the workman on the basis of proved misconduct of misappropriation of finance of the employer, during enquiry, and his past record having 37cases of pilferage, is justified.

-V. Muniyappa B Venkatashamy vs. Divisional Controller, KSRTC. 2019 (Kar. H.C.)

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