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.
Illustration
Due to an ongoing dispute between the employer and the employee, such employee shall not be punished for any kind of misconduct connected with the dispute be discharged or punished through dismissal or any such alternatives.
Case Law
INDIAN TELEPHONE INDUSTRIES LTD. V. PRABHAKAR H. MANYARE, 2003 LLR 68.
It laid down that the conditions contained in the proviso to section 33(2)(b) are mandatory and their non-compliance would render the order of discharge or dismissal void or inoperative. If a Tribunal refuses to grant approval sought for under section 33(2)(b) of the Act, the effect of it shall be that the order of discharge or dismissal had never been passed and consequently the workman would be deemed to have continued in service entitling him to the benefits available. It is also made clear that not making an application under section 33(2)(b) seeking approval or withdrawing an application once made before any order is made thereon, is a clear case of contravention of the proviso to section 33(2)(b) of the Act.
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.
Illustration
any employee aggrieved due to any contravention of the provisions as laid down under section 33 may make a complaint to the appropriate forum as has been provided.
Case Law
MANAGEMENT OF DAINIK NAVEEN DUNIYA V. PRESIDING OFFICER, LABOUR COURT, (1991) 63 FLR 9 (MP).
It provided that the conditions laid down in section 33A are preliminary and collateral upon which jurisdiction of the Industrial Tribunal depends.
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.
Illustration
The appropriate Government may transfer the case from the labour court situated in any district to some other district.
Case Law
BENNETT COLEMAN & CO. LTD. V. STATE OF PUNJAB, (1992) 64 FLR 449 (P&H).
The Labour Court has no jurisdiction Suo motu to transfer the proceedings to any other court.
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.
Illustration
A workman is owed some money by the employer concerning an award granted. In this scenario, the workman shall file an application to the appropriate Government for the recovery of the amount due.
Case Law
NATIONAL TEXTILE CORPORATION (SOUTH MAHARASHTRA) LTD. V. VIJAY KUMAR AGARWAL, (2002) IV LLJ (SUPP) BOM 909.
It was observed that it was for the employers to have placed before the Labour Court the documentary evidence to show what was the total pay packet of the employees and what were the components of such pay packets of all employees. In the absence of such material and evidence, an order of Labour Court is just, fair and correct as per law.
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