Rajendra (nil) 26 January 2015

Condition of service under sec 33(1) of i d act

As per section 33(1)(a) of i d act conditions of service regarding pending dispute cannot be altered to the prejudice of workman pending conciliation proceedings.

I would like to know whether issuance of chargesheet (regarding the pending dispute) amounts to altering the conditions of service prejudiced to workman?

Reply Follow

2 Replies

Isaac Gabriel (Advocate) 26 January 2015

Disciplinary action for dereliction of duty will not fall under this category

Rajendra (nil) 26 January 2015

Thanks Issac!

1) The workman was marked absent even though he reported for duty. The workman immediately lodged a formal complaint with Labour commissioner.

The workman was not paid the wages for the disputed period. The workman lodged complaint for unfair labour practice.

Labour Commissioner started conciliation proceedings.

2) The workman applied for sick leave along with necessary medical certificate. Employer held him unauthorised absent on the ground that bills and receipts were not submitted along with medical certificate and wages not paid. The service conditions of the workman specifically state that sick leave to be sanctioned on submission of medical certificate. Hence, workman filed formal complaint u/s 29 of i.d. act for non compliance of settlement (service conditions).

Labour Commissioner started conciliation proceedings. Both the cases are clubbed together in one dispute.

3) Pending the conciliation proceedings a chargesheet was served alleging unauthorised absence for period of already alleged wrongful marking absent (see point1) and for not not submitting bills and receipts.

So, can complaint u/s 33A be filed? If so on what ground?

The valuable comments of respected expert members is humbly solicited.

Thanks