A. Industrial Disputes Act, 1947 (14 of 1947), Section 33, 33A – Constitution of India, Article 226 -- Loss of confidence in employee – Pleadings – Requirement of -- Illegal discharge/ dismissal from service – Effect of -- Findings with regard to the loss of confidence in an employee can be returned by the learned Labour Court provided it is pleaded and proved by the employer that :

(a) the workman is holding a position of trust and confidence;

(b) by abusing such position, he commits acts which result in forfeiting the same;

(c) to continue him in service would be embarrassing and inconvenient to the employer or would be detrimental of the discipline or security of the establishment.

No such pleading that there was a loss of confidence in the employee -- Court is a slave of pleadings and adjudication has to be within the ambit of the pleadings of the parties and the evidence which is led by the parties to substantiate the pleadings --  Conclusions cannot be drawn by the Court in air on its own whims and fancies without taking into consideration the respective contentions and stand of the parties – Findings returned to this effect by learned Labour Court are perverse, bad, beyond the pleadings and not sustainable in law – Writ allowed, petitioner is deemed to have continued in service as from the date of his illegal dismissal, entitling him to all benefits available, monetary and otherwise.

(Para 16-26)

B. Industrial Disputes Act, 1947 (14 of 1947), Section 33, 33A – Loss of confidence in employee – Non-approval by Labour Court -- Discharge/ Dismissal from service – Effect upon -- If the approval sought by the employer under Section 33(2)(b) of the Industrial Disputes Act is not granted by the learned Labour Court, then nothing more is required to be done by the employee as it will have to be deemed that the order of discharge or dismissal was never passed and consequence of it is that the employee is deemed to be in continuous service, entitling him all the benefits.

(Para 24)