Change in service conditions

jagadish paranjape (Querist) 07 March 2022 This query is : Resolved
Establishment was employing 20 workmen and their demand relating to better service conditions was pending before the Industrial Tribunal.Packaging section of production dept.was closed by paying closure compensation to concerned.Will the action amount to change in service conditions within the meaning of Sec.33(1) of Industrial Dispute Act 1947.Support of citation would be appreciated.
Regards.

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An employer is seeking clarification on whether closing a packaging section and paying closure compensation to 20 workmen, while a dispute over service conditions is pending before the Industrial Tribunal, constitutes a change in service conditions under Section 33(1) of the Industrial Disputes Act, 1947. The query asks if permission from the Industrial Tribunal is required for such an action.

Dr J C Vashista (Expert) 09 March 2022
Service condition of employees and payment of closure compensation are two different subjects.
Whether either of the situation attract Section 33(1) of the ID Act, 1947 which reads as:

(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before 2 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.

jagadish paranjape (Querist) 09 March 2022
When reference regarding wage revision is pending before the Industrial Tribunal and the employer wishes to close certain section of production activity,is it necessary to seek permission of Industrial Tribunal.The establishment employs only 20 workmen.

P. Venu (Expert) 09 March 2022
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