Understanding Section 33 of the ID Act: Can You Simplify Its Complex Parts?

Could you please explain Section 33 (A, B, C(1), (2), and D) under the ID Act in simple words?

Regards,
Ikjot Singh

Understanding Section 33 of the ID Act

Could you please explain Section 33 (A, B, C(1), (2), and D) under the ID Act in simple words?

https://www.citehr.com/452195-what-d...#ixzz2NCX7olRR

Regards,
Ikjot Singh

Explanation of Section 33C of the I.D. Act 1947

Sec. 33C of the I.D. Act 1947 provides for the recovery of money due to a workman.

Sec. 33C(1): Recovery of Amount Due

Sec. 33C(1) deals with the recovery of any amount due under a settlement, an award, or under the provisions of Chapters V-A or V-B. In other words, it is predetermined, and what needs to be decided is whether it is due to the workman or not. The authority to be approached here is the Appropriate Government. Normally, the time limit is one year. However, the Government can condone the delay upon showing sufficient reasons. The procedure is simple: a certificate of recovery would be issued by the Government 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): Recovery of Amount or Benefit Calculable in Money

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.

Regards

Mr. Umakanthan has well explained the scope of Sec. 33(C)(1) and (2). I am just elaborating further.

Conditions for Sec. 33(C)(1)

Sec. 33(C)(1) can be resorted to when three conditions are fulfilled:

1. The workman shall have a right to a certain amount or benefit.
2. Such right must already have accrued to the workman either under an award or settlement or under a statute.
3. The quantum of amount or benefit is known, certain, predetermined, or already quantified.

Application of Sec. 33(C)(2)

Sec. 33(C)(2) shall be resorted to when the quantum of benefit or the amount is not definitely known and it needs to be computed. The Labour Court, on application from the workman, shall proceed to compute such benefit.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

What is Section 33 (A), (b), (c), (d) under the ID Act? Please explain in simple words.

Regards,
Ikjot Singh

Explanation of Section 33 Under the ID Act

Sec 33(1): In case any case is pending against any workman, the terms and conditions of employment should not be changed. If the terms and conditions are not defined in express (written) or implied (verbal) form, the employer can establish them, but they should not be altered in relation to the pending case against the workman (Sec 33(2)). Therefore, the workman should not be penalized with dismissal or discharge with reference to the case.

Sec 33A: (a) If the employer takes any action against the above Section 33, then the workman can approach the appropriate authority (Conciliation Officer/Board/Arbitrator) to seek legal remedy. (b) Furthermore, the conciliation officer/Board/Arbitrator may adjudicate and issue their award to the complainant and escalate it to the appropriate government.

Sec 33B: The appropriate government has the authority to transfer the proceedings pending before the labor court/tribunal/national tribunal to another under section 33 or 33A by publishing the same in the Official Gazette. The labor court to which the pending proceedings are transferred will handle the disposal of the case.