What Does Section 33A of the Industrial Disputes Act Mean for Employee Protection?

Understanding Sec. 33(A) of the Industrial Disputes Act, 1947

Please read the collected article on Sec. 33(A) of the Industrial Disputes Act, 1947. Social and economic justice is the ultimate ideal for any industrial adjudication. The basis for this ideal lies in the guiding principles of social welfare, common good, and the directive principles of state policy enshrined in the Constitution.

The rationale behind the legislation of Sec. 33 and Sec. 33A is to provide protection to employees. A tribunal has jurisdiction to do complete justice between the parties with regard to the matter in dispute and also to give such relief as the nature of the case may require. It seeks to protect the workmen concerned in the disputes which form the subject matter of the pending conciliation proceedings or proceedings by way of reference under Sec. 10 of the Act and to bring about the resolution of such disputes in a peaceful manner.

Regards,
Dr. PBS KUMAR

Dear Mr. Kumar, Your attempt at a write-up on Sections 33 and 33-A is highly commendable because the provisions contained therein are perplexing to most readers. Specifically, Conciliation Officers often find themselves baffled when a complaint is made to them under Section 33-A while they are already dealing with certain complaints but have not yet initiated formal conciliation under Section 12(1). It is important to note that not all complaints lodged with a Conciliation Officer necessarily involve industrial disputes requiring conciliation. In the case of a genuine industrial dispute, conciliation commences only upon the issuance of a formal conciliation notice under Section 12(1), except in situations such as the issuance of a strike notice regarding a Public Utility Service. I would appreciate your views on this matter.

Thank you.