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Anonymous
10

Applicability of Section 33 of ID Act is the transfer of Union Office Bearer in the following circumstances will amount to a change in service conditions attract Section 33:

-Union filed three Industrial Disputes and out of these two have been referred to Tribunal for adjudication consequent upon the failure of conciliation & in one case of Conciliation proceedings are going on. In the meantime, the Management has transferred the Union Office Bearer as per the Standing Order. Is Section 33 attracts in this case? If yes, who is the authority to apply for permission as matters are being pursued at two places?

-Union leader transferred to another location. He filed a complaint of unfair labor practice and victimization before his relieving and conciliation proceedings were started by the Conciliation Officer. Can Management relieve the Union leader during conciliation proceedings?

-Is the transfer of the Union Office Bearer or any workman is the change in service conditions?

From India, Delhi
Madhu.T.K
4201

Transfer is one of the service conditions of employment. No protected workman or any worker involved in any dispute under conciliation or settlement before a conciliation officer or court (labour court or Tribunal) transferred or otherwise subjected to any change in service condition without taking approval from the conciliation officer or labour court or tribunal as the case may be. hence if you have transferred an office bearer of the union, it is a violation of ID Act.
From India, Kannur
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