Change In Conditions Of Services
Change in conditions of service: When permissible
Section 33 prohibits the employer from changing, during the pendency of proceedings. The conditions of service relating to a matter connected with the dispute. Employers were prevented from taking action even in obvious cases. Of misconduct and indiscipline unconnected with the dispute.
To overcome this difficulty, Section 33 makes the following provisions:
- During the pendency of any such proceedings 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:
- 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.
- To discharge or punish, whether by dismissal or otherwise, that workman for any misconduct not connected with the dispute.
- According to the proviso to Section 33, no such workman shall be discharged or dismissed. Unless he has been paid wages for one month and an application has been made by the employer to the authority. Before which the proceedings are pending for approval of the action taken by the employer.
- According to Section 33, where an employer makes an application. To a Conciliation Officer, Board, an Arbitrator, a Labour Court, Tribunal or National Tribunal under the above proviso 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.
Thus, the stringency of the previous provision is ought to be softened by permitting the employer to take action. Against the workmen in accordance with the standing orders applicable to them during the pendency of proceedings in regard to any matter unconnected with the dispute by the present Section 33.
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