Elaborate in what circumstances during the pendency of proceedings, change in condition of services are permissible?

CS Professional · Labour Laws & Practice · PYQS · June 2019
Elaborate in what circumstances during the pendency of proceedings, change in condition of services are permissible?

Answer & Explanation:

According to Section 33(2) of the Industrial Disputes Act, 1947 during the pendency of proceedings before any authority in respect of an industrial dispute, the employer is permitted to take following actions, in accordance with the standing orders applicable to workmen concerned in such disputes 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) to 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 proceedings. (b) to discharge or punish, whether by dismissal or otherwise, that workman for any misconduct not connected with the dispute. However such action of discharge or dismissal can be taken by an employer during pendency of proceedings only after he has paid wages for one month and made an application to the authority before which the proceedings are pending for approval of the action taken by the employer. 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 (unless extended on reasonable grounds). According to Section 33(3) of the Industrial Disputes Act, 1947, employer shall obtain the express permission in writing of the authority before which the proceeding is pending before taking any such action mentioned in section 33(2) against a protected workmen.

Topics: Industrial Disputes Act, 1947

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