Section 33B Industrial Disputes Act 1947 - Power to Transfer Proceedings
Section 33B of the Industrial Disputes Act, 1947 empowered the appropriate Government to withdraw and transfer specified pending proceedings. The current Industrial Relations Code, 2020 contains transfer provisions in Section 92 and a separate transitional provision for cases pending when the Code commenced in Section 51.
Section 33B of the Industrial Disputes Act 1947
Section 33B(1)
The appropriate Government could, by a written order stating reasons, withdraw a proceeding under the Act pending before a Labour Court, Tribunal or National Tribunal and transfer it to another Labour Court, Tribunal or National Tribunal, as the case might be, for disposal. Subject to special directions in the transfer order, the transferee authority could proceed either de novo or from the stage at which the matter was transferred.
The proviso permitted a proceeding under Section 33 or Section 33A pending before a Tribunal or National Tribunal also to be transferred to a Labour Court.
Section 33B(2)
Without prejudice to sub-section (1), a Tribunal or National Tribunal authorised by the appropriate Government could transfer a proceeding under Section 33 or Section 33A pending before it to a Labour Court specified for disposal of such proceedings by notification in the Official Gazette.
Section 92 Industrial Relations Code - Power to Transfer Certain Proceedings
Section 92 is the current general transfer provision. It preserves the requirement of a written order and recorded reasons, while restructuring the transfer mechanism around the Tribunal and National Industrial Tribunal system created by the Code.
Section 92(1): Transfer from one Tribunal to another Tribunal
The appropriate Government may, by an order in writing and for reasons stated in the order, withdraw a proceeding under the Code pending before a Tribunal and transfer it to another Tribunal for disposal. Subject to any special directions in the transfer order, the transferee Tribunal may proceed de novo or from the stage at which the proceeding was transferred.
Section 92(2): Transfer to National Industrial Tribunal
The Central Government may, by a written order stating reasons, withdraw a proceeding pending before a Tribunal constituted by the Central Government or a State Government and transfer it to a National Industrial Tribunal for disposal. The National Industrial Tribunal may, subject to special directions, proceed de novo or from the stage of transfer.
Section 92(3): State Tribunal dealing with Central Government cases
The Central Government may, by notification and for reasons stated therein, empower a Tribunal constituted by a State Government to entertain and dispose of cases arising within its jurisdiction under the Code where the appropriate Government is the Central Government.
Section 51 - Transfer of Cases Pending at Commencement
Section 51 deals specifically with the transition from the Industrial Disputes Act to the Industrial Relations Code. Cases pending immediately before commencement in a Labour Court or Tribunal constituted under the Industrial Disputes Act are transferred to the Tribunal having corresponding jurisdiction under the Code. Cases pending before a National Tribunal are transferred to the National Industrial Tribunal having corresponding jurisdiction.
The Tribunal or National Industrial Tribunal receiving such a transferred case may deal with it de novo or from the stage at which it was pending before transfer, as it considers appropriate.
Key Features of the Current Transfer Framework
| Provision | Function |
|---|---|
| Section 51(1)(a) | Transfers legacy cases pending before a Labour Court or Tribunal to the Tribunal having corresponding jurisdiction under the Code. |
| Section 51(1)(b) | Transfers legacy cases pending before a National Tribunal to the National Industrial Tribunal having corresponding jurisdiction. |
| Section 51(2) | Allows the transferee Tribunal or National Industrial Tribunal to proceed de novo or from the stage at which the case was pending. |
| Section 92(1) | Allows the appropriate Government to transfer a proceeding from one Tribunal to another Tribunal by a reasoned written order. |
| Section 92(2) | Allows the Central Government to transfer a proceeding from a Central or State Tribunal to a National Industrial Tribunal. |
| Section 92(3) | Allows the Central Government, by reasoned notification, to empower a State Tribunal to dispose of specified Central Government jurisdiction cases. |
Meaning of De Novo and Transfer from the Existing Stage
A proceeding conducted de novo is considered afresh by the transferee adjudicatory authority. Alternatively, where the statute or transfer order permits, the transferee authority may continue from the procedural stage already reached. Under Section 92, this is subject to special directions contained in the transfer order. Under Section 51(2), the transferee Tribunal or National Industrial Tribunal determines whether to proceed de novo or from the existing stage.
Related Sections 90 and 91
Former Section 33B specifically referred to proceedings under Sections 33 and 33A. Their current functional counterparts are Sections 90 and 91 of the Industrial Relations Code. Section 90 regulates specified employer action and conditions of service during pending proceedings, while Section 91 provides a complaint mechanism where an employee alleges contravention of Section 90.
Repeal and Saving
Section 104 of the Industrial Relations Code contains repeal and saving provisions. For a matter originating under the Industrial Disputes Act, the commencement date, nature and stage of the proceeding, transfer under Section 51 and any applicable saving or transitional provision should be examined before deciding the governing procedure.
This article provides general statutory information. The authority competent to order a transfer and the transferee forum depend on the nature of the proceeding, jurisdiction of the appropriate Government, the forum where the matter is pending and the statutory provisions applicable on the relevant date.