The Management, Hotel Imperial v. Hotel Workers Union

Core point: When a proper domestic inquiry finds misconduct and the employer decides to dismiss, Section 33 requires Tribunal permission. Until then, the employer has an implied power to suspend without pay. If permission is refused, full wages for the suspension period must be paid.

Interim relief: Tribunals can grant interim wages under Section 10(4) (“incidental thereto”), but such relief should be fair and not equal to full final relief. Here, the Supreme Court cut interim wages to half.

1. Can an employer suspend a workman without pay while awaiting Section 33 permission?
2. Does the Industrial Tribunal have power to grant interim wages during suspension?

• Section 33 change: Ordinary dismissal is halted; permission of Tribunal is needed before dismissal takes effect.
• Implied suspension power: After a valid inquiry and decision to dismiss, employer may suspend the contract—no wages; no duty to work.
• Outcome linkage: If permission is granted → contract ends from suspension date; if refused → pay full wages for the suspension period.
• Interim relief (10(4)): Tribunal can award reasonable interim relief as “incidental” to the reference; avoid equating it with final relief.

• Implied suspension without pay: Valid after proper inquiry + decision to dismiss, while seeking Section 33 permission.
• Link to outcome: If permission granted → dismissal effective from suspension date; if refused → pay full wages for the suspension period.
• Interim relief power: Tribunal can grant interim relief under Section 10(4), but not as a full final relief substitute.
• Modification: Interim award cut to half of the Tribunal’s amount for suspension period.

Section 33 superimposes a statutory check on dismissal; in fairness, an implied term allows suspension without pay pending permission. Section 10(4) lets Tribunals grant reasonable interim relief as incidental to the dispute.

• Balances discipline (post-inquiry suspension) with fairness (wages if permission refused).
• Confirms interim relief jurisdiction, guiding Tribunals on scope and limits.
• Practical blueprint for handling Section 33 cases.

• Implied power: Suspend without pay post-inquiry while seeking Section 33 permission.
• If permission refused: pay full wages for suspension period.
• Tribunal may grant interim wages, but not full final relief at interim stage.

Mnemonic: “INQUIRE—SUSPEND—DECIDE PAY”

1. Inquire: Proper inquiry + dismissal decision.
2. Suspend: No wages till Section 33 permission.
3. Decide Pay: Permission refused → pay full; granted → ends from suspension date.

Issue: Suspension without wages pending Section 33; Tribunal’s interim wage power.

Rule: Implied suspension term post-inquiry; Section 10(4) allows incidental interim relief.

Application: Employers rightly suspended; Tribunal could grant interim but full wages were excessive.

Conclusion: Partial allowance—suspension valid; interim relief trimmed to half; expedite final adjudication.

Section 33 (ID Act)

Employer must seek Tribunal permission before dismissing during pending disputes.

Interim Relief

Temporary relief to bridge hardship; should be fair, not the same as final relief.

Section 10(4)

Tribunal’s power over matters “incidental thereto”, enabling interim orders.