33. [ Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings. [Substituted by Act 36 of 1956, Section 21, for Section 33 (w.e.f. 10.3.1957). ]
(1)During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before ][an arbitrator or] [ Inserted by Act 36 of 1964, Section 18 (w.e.f. 19.12.1964).][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, ave 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 ] [Substituted by Act 36 of 1956, Section 21, for Section 33 (w.e.f. 10.3.1957). ][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] [ Inserted by Act 36 of 1964, Section 18 (w.e.f. 19.12.1964).]-(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 [Substituted by Act 36 of 1956, Section 21, for Section 33 (w.e.f. 10.3.1957). ](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 has 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 in respect of an industrial dispute, take any action against any protected workman concerned in such dispute-(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] [ Substituted by Act 45 of 1971, Section 5, for " an officer" (w.e.f. 10.3.1957).][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 per cent. 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 purpose, the appropriate Government may make 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, ] [Substituted by Act 36 of 1956, Section 21, for Section 33 (w.e.f. 10.3.1957). ][an arbitrator, a] [ Inserted by Act 36 of 1964, Section 18 (w.e.f. 19.12.1964).] [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, ] [Substituted by Act 36 of 1956, Section 21, for Section 33 (w.e.f. 10.3.1957). ][within a period of three months from the date of receipt of such application] [ Substituted by Act 46 of 1982, Section 17, for " as expeditiously as possible" (w.e.f. 21.8.1984).][, such order in relation thereto as it deems fit:] [Substituted by Act 36 of 1956, Section 21, for Section 33 (w.e.f. 10.3.1957). ][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 being completed.] [ Inserted by Act 46 of 1982, Section 17 (w.e.f. 21.8.1984).][33-A. Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings. [Inserted by Act 48 of 1950, Section 34 and Sch. ]- Where an employer contravenes the provisions of section 33 during the pendency of proceedings ][before a conciliation officer, Board, an arbitrator, Labour Court, Tribunal or National Tribunal] [ Substituted by Act 46 of 1982, Section 18, for certain words (w.e.f. 21.8.1984).][, any employee aggrieved by such contravention, may make a complaint in writing, ] [Inserted by Act 48 of 1950, Section 34 and Sch. ][in the prescribed manner,-(a)to such conciliation officer or Board, and the conciliation officer or Board shall take such complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and(b)to such arbitrator, Labour Court, Tribunal or National Tribunal and on receipt of such complaint, the arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this Act and shall submit his or its award to the appropriate Government and the provisions of this Act shall apply accordingly.][33-B. Power to transfer certain proceedings. [ Inserted by Act 36 of 1956, Section 23 (w.e.f. 10.3.1957).](1)The appropriate Government may, by order in writing and for reasons to be stated therein, withdraw any proceeding under this Act pending before a Labour Court, Tribunal or National Tribunal and transfer the same to another Labour Court, Tribunal or National Tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, Tribunal or National Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred:Provided that where a proceeding under section 33 or section 33-A is pending before a Tribunal or National Tribunal, the proceeding may also be transferred to a Labour Court.(2)Without prejudice to the provisions of sub-section (1), any Tribunal or National Tribunal, if so authorised by the appropriate Government, may transfer any proceeding under section 33 or section 33-A pending before it to any one of the Labour Courts specified for the disposal of such proceedings by the appropriate Government by notification in the Official Gazette and the Labour Court to which the proceeding is so transferred shall dispose of the same.] [Substituted by Act 46 of 1982, Section 18, for certain words (w.e.f. 21.8.1984). ]
