Understanding Section 33 of the Industrial Disputes Act, 1947

1. In the present industrial relations environment, if the ever-rising expectations of the workmen and Unions are not handled timely in a meticulous manner, these may impact the industrial relations. To promote harmonious industrial relations between employers and workmen/unions, the Industrial Disputes Act of 1947 (hereinafter called ID Act) put certain reasonable restrictions on the conduct of both. No un-fettered statutory rights are granted either to employers or unions in sensitive issues like retrenchment, lay-off, closure, strike, and lock-out. U/s. 33(1) of the ID Act, an employer is to maintain the status quo in respect of service conditions of workmen, during the pendency of conciliation or industrial dispute. Similarly, a workman cannot be discharged or dismissed, or penalized for misconduct concerned with the dispute during such pendency. However, if a workman is involved in any other misconduct (other than relating to which the proceedings are pending), he can be dismissed or discharged, or penalized subject to the following conditions laid down u/s....