Section 33A Industrial Disputes Act 1947 - Complaint During Pending Proceedings
Section 33A of the Industrial Disputes Act, 1947 provided a direct remedy to an employee aggrieved by an employer's contravention of Section 33 during the pendency of industrial-dispute proceedings. The corresponding current provisions are Sections 90 and 91 of the Industrial Relations Code, 2020.
Section 33A of the Industrial Disputes Act 1947
Section 33A - Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings
Where an employer contravenes Section 33 during the pendency of proceedings before a conciliation officer, Board, arbitrator, Labour Court, Tribunal or National Tribunal, an employee aggrieved by the contravention may make a complaint in writing in the prescribed manner.
If the complaint is made to the conciliation officer or Board, that authority takes the complaint into account while mediating in and promoting settlement of the industrial dispute.
If the complaint is made to the arbitrator, Labour Court, Tribunal or National Tribunal, that authority adjudicates the complaint as if it were a dispute referred to or pending before it and proceeds in accordance with the Act.
Section 90 Industrial Relations Code - Conditions of Service During Proceedings
Section 90 protects workers during the pendency of proceedings before a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal. For matters connected with the pending dispute, an employer is restricted from altering the conditions of service applicable immediately before commencement of the proceeding to the prejudice of the workers concerned and from discharging or punishing them for misconduct connected with the dispute, except in accordance with the statutory requirements.
The section also regulates employer action in matters not connected with the dispute and gives additional protection to protected workers. Whether a proposed action is connected with the pending dispute is therefore important when applying Section 90.
Section 91 Industrial Relations Code - Complaint for Contravention of Section 90
Section 91 provides the current complaint mechanism where an employer contravenes Section 90 during the pendency of proceedings.
An employee aggrieved by the contravention may make a written complaint in the prescribed manner to the conciliation officer, arbitrator, Tribunal or National Industrial Tribunal before whom the proceeding is pending.
How a Section 91 Complaint Is Dealt With
| Pending authority | Statutory treatment of complaint |
|---|---|
| Conciliation officer | The conciliation officer takes the complaint into account while mediating in and promoting settlement of the industrial dispute. |
| Arbitrator | The arbitrator adjudicates the complaint as if it were a dispute referred to or pending before the arbitrator. |
| Tribunal | The Tribunal adjudicates the complaint as if it were a dispute referred to or pending before it. |
| National Industrial Tribunal | The National Industrial Tribunal adjudicates the complaint as if it were a dispute referred to or pending before it. |
Who Can Use the Remedy?
The statutory remedy is available to an employee who is aggrieved by an employer's contravention of Section 90 during the pendency of the relevant proceeding. The complaint must be in writing and must comply with the prescribed procedure.
Relationship Between Sections 90 and 91
Section 90 creates the substantive safeguards governing employer action while specified industrial-dispute proceedings are pending. Section 91 supplies the special procedural remedy when those safeguards are allegedly breached. A complaint under Section 91 therefore depends on establishing a contravention of Section 90.
Repeal and Saving
Section 104 of the Industrial Relations Code contains repeal and saving provisions relating to the Industrial Disputes Act, 1947, the Trade Unions Act, 1926 and the Industrial Employment (Standing Orders) Act, 1946. Historical Section 33A matters and proceedings existing at commencement of the Code must be considered with the applicable saving and transitional provisions.
This article provides general statutory information. In an individual case, the pending proceeding, date and nature of the employer's action, connection of the action with the industrial dispute, status of the employee and prescribed complaint procedure should be examined.