ISSUE:
Whether an employer has the right to suspend a workman without pay pending permission from the Industrial Tribunal under Section 33 of the Industrial Disputes Act, 1947?
Whether the Industrial Tribunal has the power to grant interim relief in the form of wages to workmen during the period of suspension?
RULE:
Section 33 of the Industrial Disputes Act fundamentally alters the ordinary law of master and servant by imposing a statutory ban on immediate dismissal, compelling the employer to seek permission from the Tribunal. In these peculiar circumstances, it is just and fair that an employer, having completed a proper inquiry and decided to dismiss, should have the implied power to suspend the contract of employment, thereby relieving himself of the obligation to pay wages and the workman of the duty to render service. If permission is granted, the contract comes to an end from the date of suspension; if refused, the workman is entitled to full wages for the period of suspension.
The words "incidental thereto" in Section 10(4) empower the Tribunal to grant interim relief even if not expressly mentioned in the reference. Interim relief need not be coextensive with the final relief but must be just and fair in the circumstances. While an interim award may require publication, the absence of such publication does not preclude this Court from granting appropriate relief in its discretion.