Section 33 of the Industrial Disputes Act 1947 prohibits employers from prejudicing or punishing workers involved in a dispute during conciliation proceedings. It allows employers to alter terms not involved in the dispute or dismiss workers for misconduct unrelated to the dispute. Dismissed workers must be paid one month's wages and can apply to the authority where proceedings are pending. Protections also apply to a minimum of 5 and maximum of 100 protected workers per company.
Section 33A allows workers to file complaints with the conciliation officer or arbitrator/court if their terms are changed during proceedings, which will be treated as a new dispute.
Section 33B allows the appropriate government to transfer proceedings between labor courts, tribunals or the
Section 33 of the Industrial Disputes Act 1947 prohibits employers from prejudicing or punishing workers involved in a dispute during conciliation proceedings. It allows employers to alter terms not involved in the dispute or dismiss workers for misconduct unrelated to the dispute. Dismissed workers must be paid one month's wages and can apply to the authority where proceedings are pending. Protections also apply to a minimum of 5 and maximum of 100 protected workers per company.
Section 33A allows workers to file complaints with the conciliation officer or arbitrator/court if their terms are changed during proceedings, which will be treated as a new dispute.
Section 33B allows the appropriate government to transfer proceedings between labor courts, tribunals or the
Original Title
MANAGEMENT PREROGATIVE DURING PENDENCY OF PROCEEDINGS
Section 33 of the Industrial Disputes Act 1947 prohibits employers from prejudicing or punishing workers involved in a dispute during conciliation proceedings. It allows employers to alter terms not involved in the dispute or dismiss workers for misconduct unrelated to the dispute. Dismissed workers must be paid one month's wages and can apply to the authority where proceedings are pending. Protections also apply to a minimum of 5 and maximum of 100 protected workers per company.
Section 33A allows workers to file complaints with the conciliation officer or arbitrator/court if their terms are changed during proceedings, which will be treated as a new dispute.
Section 33B allows the appropriate government to transfer proceedings between labor courts, tribunals or the
Section 33 of the Industrial Disputes Act 1947 prohibits employers from prejudicing or punishing workers involved in a dispute during conciliation proceedings. It allows employers to alter terms not involved in the dispute or dismiss workers for misconduct unrelated to the dispute. Dismissed workers must be paid one month's wages and can apply to the authority where proceedings are pending. Protections also apply to a minimum of 5 and maximum of 100 protected workers per company.
Section 33A allows workers to file complaints with the conciliation officer or arbitrator/court if their terms are changed during proceedings, which will be treated as a new dispute.
Section 33B allows the appropriate government to transfer proceedings between labor courts, tribunals or the
PROCEEDINGS Section 33 of Industrial Disputes Act 1947 Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings It provides that during the pendency of any conciliation proceeding before a conciliation officer no employer shall prejudice the workmen concerned in such dispute and also foe any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise. It also provides that the employer in case of pendency of a suit instead of any standing orders applicable or reference to any contract, either express or implied may alter regarding any matter not involved in the dispute and may also dismiss the employee in case of any misconduct not relating to the dispute. It provides that in such scenario where the employee is being dismissed then he shall be paid wages for one month and appropriate application shall be made by the employee to the authority before which the proceeding is pending. It further provides that action as mentioned shall not be taken against the protected workman, and such protected workman as recognized shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workman and a maximum number of one hundred protected workmen. Section 33A of Industrial Disputes Act 1947 Special provision for adjudication as to whether conditions of service, etc., changed during a period of proceeding It provides that in case of any contravention of the provisions of section 33 during the pendency of the proceedings any employee aggrieved by such contravention may make a complaint in writing to such conciliation officer or such arbitrator, labour court or tribunal. It provides that upon receipt of any complaint such shall be dealt as if it were a dispute referred to or pending before it, and shall accordingly submit his or its reward to the appropriate Government. Section 33B of Industrial Disputes Act 1947 Power to transfer certain proceedings It provides that the appropriate Government may by order in writing and for any reasons stated therein may withdraw any proceedings under this act and may transfer such case to any other Labour Court, Tribunal or National Tribunal, where such cases may either proceed de novo or from the stage at which it was so transferred. furthermore, it provides that any Tribunal or National Tribunal may be authorised by the appropriate government to transfer any proceeding to any one of the Labour Courts specified for disposal by the appropriate authority. Section 33C of Industrial Disputes Act 1947 Recovery of money due from an employer It provides that in case the workman is owed some money by the employer under a settlement or an award then in such case the employee shall make an application to the appropriate Government either by himself or any person authorised by him or in case of his death, the assignee or heirs. In such case, if the appropriate Government is satisfied that such amount is due by the employer to the employee, then it may issue such direction of recovery of such money to the Collector in the same way as to recover the amount due in case of land arrear. Further, such application shall be filed within 1 year from the date on which the money becomes due and may even be filed later subject to the satisfaction of the appropriate Government. It provides that to compute the money value of a benefit, the Labour Court as may deem fit shall appoint a Commissioner who shall submit a report instead of the situation and accordingly the Labour Court shall determine the amount after considering the report of the Commissioner along with considering other circumstances of the case.
