Umakanthan53
Labour Law & Hr Consultant
Boss2966
Industrial Relations
Ikjot2004
Service
+1 Other

dear seniors, what is section 33 ( A, b ,c (1) (2) and D under id act pls explain simple words regards Ikjot Singh
From India, Dehra Dun
dear seniors,
what is section 33 ( A, b ,c (1) (2) and D under id act pls explain simple words
regards
Ikjot Singh
attribution https://www.citehr.com/452195-what-d...#ixzz2NCX7olRR

From India, Dehra Dun
Dear member,

Sec.33C of the I.D.Act1947 provides for the recovery of money due to a workman.

Sec33C(1) deals with the recovery of any amount due under a settlement or an award or under the provisions of Chapters V-A or V-B. In other words it is predetermined and what is to be decided is whether it is due to the workman or not.Here the authority to be approached is the Appropriate Govt.Normally the time limit is one year. However the Govt. can condone the delay on showing of sufficient reasons.The procedure is so simple that a certificate of recovery would be issued by the Govt to the concerned District Collector who would recover the amount from the person as arrears of land revenue.The proceedings can be initiated either by the workman himself or by his legal heirs in case of his death.

Sec.33C(2) deals with the recovery of any amount or any benefit that can be calculated in terms of money. Here the authority is the Labour Court.and the proceedings can be initiated by the workman only.

From India, Salem
Mr.Umakanthan has well explained the scope of Sec.33(C)(1) and (2). I am just elaborating further. Sec.33(C)(1) can be resorted to when theree conditions are fulfilled.
1) the workman shall have a right to certain amount or benefit.
2) Such right must already have accrued to the workman either under an ward or settlement or under a statute.
3) The quantum of amount or benefit is known or certain or pre-determined or already quantified.
Sec.33(C)(2)shall be resorted to when teh quantuom of benefit or teh amount is not definitely known and it needs to be computed. The Labour Curt on application from the workman, shall proceed to cupmute such benefit.
B.Saikumar
HR & Labour Law advisor
Mumbai

From India, Mumbai
dear seniors, what is section 33 ( A), (b) ,(c) (d ) under id act pls explain simple words regards Ikjot Singh
From India, Dehra Dun
Dear Ikjot Singh

Sec 33 (1) : In case any case is pending against any workman, then the terms & conditions of employment should not be changed. If the T&C are not defined in express (written) or implied (verbal) the employer can make the same, but it should not be dealt with the Pending Case against the workman (Sec 33 (2)). Hence the workman should not be punished with dismissal, discharge with reference to the case.

Sec 33 A : (a) If the employer does anything against the above Section 33, then the workman can approach the appropriate authority (Conciliation Officer / Board / Arbitrator) for getting the legal remedy). (b) Further the conciliation officer / Board / arbitrator may adjudicate and submit his/their award to the compliant and take up with appropriate government.

Sec 33B : The appropriate government is having the power to withdraw the proceedings which is pending before the labour court / tribunal / national tribunal and transfer to another under section 33 or 33 A by publishing the same in Official Gazatte. The labour court in which the pending prodceedings transferred will dispose of the same.

From India, Kumbakonam
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