Is Transferring a Union Leader During Disputes a Change in Service Conditions? Let's Discuss

Applicability of Section 33 of the ID Act

Is the transfer of a Union Office Bearer in the following circumstances considered a change in service conditions that would attract Section 33?

The union filed three industrial disputes, and out of these, two have been referred to the tribunal for adjudication following the failure of conciliation. In one case, conciliation proceedings are ongoing. In the meantime, the management has transferred the Union Office Bearer as per the Standing Order. Does Section 33 apply in this case? If yes, who is the authority to apply for permission, given that matters are being pursued at two places?

Union Leader's Transfer and Conciliation Proceedings

The union leader was transferred to another location. He filed a complaint of unfair labor practice and victimization before his relieving, and conciliation proceedings were initiated by the Conciliation Officer. Can management relieve the union leader during conciliation proceedings?

Change in Service Conditions

Is the transfer of the Union Office Bearer or any workman considered a change in service conditions?

Transfer and Service Conditions

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) should be transferred or otherwise subjected to any change in service condition without obtaining approval from the conciliation officer or labour court or tribunal, as the case may be. Therefore, if you have transferred an office bearer of the union, it is a violation of the ID Act.