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(vi) In view of the letter of the Union in relation to dismissal of Sri Thakur, the Deputy Labour Commissioner, under its letter No. 7182 dated 5-9-1985 fixed 28-9-1985 as the date for conciliation. In the meantime, on 23-9-1985, the General Secretary of Telco Union informed the Deputy Labour Commissioner, that Sri Thakur is a "protected workman" and during the conciliation proceeding he has been dismissed from the service without due observation of Section 33 of the Industrial Dispute Act (hereinafter referred to as 'the Act'; which is irregular and illegal.
Section 33(3) Notwithstanding anything contained in Sub-section (2), no employer shall during the pendency of any such proceeding in respect of an industrial dispute, take any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute:
(a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceeding ; or
(b) by discharging or punishing, whether by dismiss or otherwise, such protected workman, save with the express permission in writing of the authority before which the proceeding is pending.

Explanation:-For the purposes of this Sub-section, a "protected workman", in relation to an establishment, means a workman who, being an officer of a registered trade union connected with the establishment, is recognized as such in accordance with rules made in this behalf.

6. From a perusal of the aforementioned provision it will be absolutely clear that the sine qua non for obtaining approval of the authority either on the ground that the concerned workman, who is sought to be dismissed from service is concerned with the Industrial Dispute which is pending conciliation or was a protected workman during such proceedings.