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Mahi   29 March 2021

Can a workman pursue both the remedies under sec-10 &33-a

Respected All,

Please requested to clarify me on following circumstances & facts:

1. My industrial dispute is already pending before the industrial Tribunal since 2015

2. In between during the said pendency my service conditions are changed by termination 

Can i seek reference under Sec-10 challenging the termination validity and legality as well as application U/S-33 A before whom the case is pending. OR i can sue only one of either.

please elaborate


 2 Replies

Ishaan   08 May 2021

Yes, if the termination has been executed without the prior approval of the concerned authority, you can challenge it. 

According to the Section 33 of the Industrial Disputes Act of 1947 -
A prohibition is imposed on the employer from altering or modifying the terms of service of its employee or workmen as per their prejudice or to completely terminate their services during the pendency of any such proceedings, also including the conciliation proceedings, in respect of an industrial dispute.
The underlying principle behind this provision is simple. No employer takes kindly to an employee or workman questioning or acting against an action taken against him by the management, especially by raising an industrial dispute. 
If an employee or workman has challenged any disciplinary action taken against him/her, without regard to the facts, it is common for the employer to consider such a workman as a troublemaker who the employer should relieve itself from. 
Thus, this section seeks to protect a workman or employee from victimization and unfair treatment by the employer on the grounds of him having raised an industrial dispute against the employer.
It should also be noted that sub-section (1) of the Section states that without any prior approval of the concerned authority before whom such proceedings are pending, no contrary or hostile action, including dismissal or discharge from service, can be undertaken by the employer against the employee or the workman concerned in regard to matter connected with the dispute. 
However, it shall also be noted that sub-section (2) of the Section states that throughout the pendency of any such proceeding regarding an industrial dispute, the employer may in harmony with the standing orders valid to the employee or workman concerned in such dispute (or when there are no standing orders, in that case, with accordance to the terms of the contract, between him and the employee or workman) - (a) alter, regarding to any matter not connected with the dispute, the conditions of service applicable to that employee or workman immediately before beginning of such proceeding 
(b) or for any wrongdoing or misconduct not linked with the dispute, release or punish, whether by dismissal or any other way, that workman providing no such workman shall be discharged or terminated unless he has been paid wages for a month and an formal submission has been made by the employer before the authority before which the proceeding is pending for sanction of the act of the employer.

Mahi   14 May 2021

Thanks Mr.Ishaan,

I am fully conviced with your law point ,but there is little missing to my query

Can i invoke  both the remedies i,e Sec-33 A  against that termination and reference under Sec-10 challenging termination legality and validity

Plz understand the Court/Tribunal(Labour)  under Sec-33 A can only adjudicate whether there is  change in service conditions or not and whether the employer has taken approval or not

But in reference u/s-10 the labour court is fully empowered to adjudicate the dispute and incidental matter there into and pass appropriate reliefs

so my query is can i impose both the section and raise two disputes ,one u/s 33A and second u/s -10 

Hope you got my point


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