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Section 33 - Conditions of service, etc., to remain unchanged under certain circum­stances during pendency of proceedings : Industrial Disputes Act 1947

 

What are the Conditions of service, etc., to remain unchanged under certain circum­stances during pendency of proceedings? Section 33 of Industrial Disputes Act 1947

Section 33 of Industrial Disputes Act 1947 : "Conditions of service, etc., to remain unchanged under certain circum­stances during pendency of proceedings"

33. (1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before an arbitra­tor or] a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, no employer shall,-

(a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or

(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending.

(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the workman,-

(a) alter, in regard to any matter not connected with the dispute, the condi­tions of service applicable to that workman immediately before the commencement of such proceeding; or

(b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman :

Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer.

(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 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 proceedings; or

(b) by discharging or punishing, whether by dismissal 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 79[a member of the executive or other office-bearer] of a registered trade union connected with the establishment, is recognised as such in accordance with rules made in this behalf.

(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of sub-section (3) shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purpose, the appropriate Government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognised as protected workmen.

(5) Where an employer makes an application to a conciliation officer. Board, an arbitrator, a Labour Court, Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, within a period of three months from the date of receipt of such application] such order in relation thereto as it deems fit:

Provided that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit :

Provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings being completed.

 

INDUSTRIAL DISPUTES ACT 1947

Section 28 - Penalty for giving financial aid to Illegal strikes and lock-outs

Section 29 - Penalty for breach of settlement or award

Section 30 - Penalty for disclosing confidential information

Section 30A - Penalty for closure without notice

Section 31 - Penalty for other offences

 

 

CHAPTER VII MISCELLANEOUS

Section 32 - Offence by companies, etc

Section 33 - Conditions of service, etc., to remain unchanged under certain circum­stances during pendency of proceedings

Section 33A - Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings

Section 33B - Power to transfer certain proceedings

Section 33C - Recovery of money due from an employer

 

 

Section 34 - Cognizance of offences

Section 35 - Protection of persons

Section 36 - Representation of parties

Section 36A - Power to remove difficulties

Section 36B - Power to exempt

 

 

Section 37 - Protection of action taken under the Act

Section 38 - Power to make rules

Section 39 - Delegation of powers

Section 40 - Power to amend Schedules

First Schedule - Industries which may be declared to be public utility services under Sub-Clause (VI) of Clause (N) of Section 2

Second Schedule - Matters within the jurisdiction of labour courts

Third Schedule - Matters within the Jurisdiction of Industrial Tribunal

Fourth Schedule - Conditions of Service for change of which notice is to be given

Fifth Schedule - Unfair Labour Practices

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