Dear Giri,
Yours is a very useful question in the back-drop of the arrangement of distinct sections and sub-sections under the same serial No.33 in Chapter VII of the I.D Act,1947 under the head 'Miscellaneous', for it will be a little bit confusing to freshers at the first glimpse.Hope you got the point in Mr.Saikumar's brief answer.However, in order to keep our memory afresh, I would like to add the following in this regard:
Prior to 1956, no employer could effect any prejudicial change in the service conditions of his workmen nor punish any workman by way of discharge or dismissal for any misconduct, if any industrial dispute concerning his industry was pending conciliation, arbitration or adjudication thus making an inroad into his prerogative to effect change if any depending upon business exigencies or to discipline any misconduct derived from the Common Law of Master and Servant.In order to set it right, a series of amendments were carried out in the years 1956,1964 and 1982 out of which we have the present text. Now, let us analyze the sections one by one to understand their contra-distinctions as follows:
SECTION 33: The object of this section as a whole is to restrict the powers of the employer to effect changes in the service conditions of his workmen and punishing them by way of discharge, dismissal etc., for any alleged misconduct, if any, during the pendency of any industrial dispute before the concerned authorities. The twin purpose aimed at to be achieved are curbing the escalation of the existing dispute and checking victimization to pave way for the resolution of the pending dispute by the concerned authorities in a peaceful atmosphere.Sub-section (1) of S.33 deals with effecting changes in service conditions and punishing any workman by way of discharge, dismissal for any misconduct CONNECTED WITH THE PENDING DISPUTE.Before embarking upon such action, the employer is bound to obtain prior permission from the concerned authority.Sub-section (2) of S.33 empowers the employer to effect the change or orders of discharge or dismissal for misconduct first if they are NOT CONNECTED WITH THE PENDING DISPUTE subject to the condition of getting approval of the authority concerned in the manner prescribed there in. Sub-section(3) of S.33 deals EXCLUSIVELY with the cases of such things in respect of PROTECTED WORKMEN whose selection process is described in in sub-sections (4) and (5) of S.33. T he non-obstante clause in ss(3) postulates whether the proposed change in the service condition or the punishment in respect of protected workmen is CONNECTED OR NOT CONNECTED WITH THE PENDING DISPUTE, prior permission should be obtained in writing from the authority dealing with the dispute.
I hope this substantiates what Mr.Saikumar has briefly stated and clears the cloud of doubt!