Type:Trigger
Frequency: Quarterly
Action to be taken:
During the pendency of Conciliation, Arbitration, Labour Court, Tribunal or National Tribunal proceeding in respect of an Industrial Dispute, the employer cannot, without the written permission of the authority before which the proceeding is pending, change the service conditions in regard to a matter connected with the dispute . The employer also cannot discharge or punish, whether by dismissal or otherwise, any workman concerned in such a dispute for a matter connected with the dispute. A workman may be dismissed for a misconduct not connected with the dispute, but only after paying one months wages, and making an application to the authority of the proceeding, for approval of the action taken
Audit Requirement:During the pendency of proceedings under the ID Act, have service conditions remained unchanged except as permitted ?
Supporting Documents:Written Confirmation of Compliance
Related Triggers:
Change In Service Conditions Of an Employee
Change in Shift System
Change In Working Hours or Holidays
Deduction or Fine From Wages
Discharge or Dismissal Of Employee
Disciplinary Action Against An Employee
Proceedings Under The ID Act or State ID Act
Suspension Of An Employee
Warning, Censuring or Fining A Workman
Related Keywords:
Conditions of Service
Discipline, Disciplinary Action
Dismissal, Discharge, Termination
Dispute, Industrial Dispute
Misconduct
Protected Workmen
Transfer of Employee
Related Sections:
Industrial Disputes Act, 1947
Chapter:Miscellaneous|
33:Conditions of service, etc., to remain unchanged under certain circumstances during pendency or proceedings:
(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before [an arbitrator or] a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, no employer shall -
(a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding ; or
(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending.
(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute [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) 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 proceeding or
(b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman;
Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application had been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer.
(3) Notwithstanding anything contained in sub-section (2), no employer shall during the pendency of any such proceeding is pending for approval of the action taken by the employer.
(a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceedings or
(b) by discharging or punishing whether by dismissal or otherwise, such protected workman,
save with the express permission in writing of the authority before which the proceeding is pending.
Explanation - For the purposes of this sub-section, a "protected workman", in relation to an establishment, means a workman who, being [a member of the executive or other office-bearer] of a registered trade union connected with the establishment, is recognised as such in accordance with rules made in this behalf.
(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of sub-section (3) shall be one percent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purposes, the appropriate Government may made rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognised as protected workmen.
(5) Where an employer makes an application to a conciliation officer, Board, [an arbitrator, a] Labour Court, Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him, 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:
[Provided that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit :
Provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings before completed.
