Dear Friends,
Please read the collected article which is on Sec.33(A) of the Industrial Disputes Act, 1947.
The Social and economic justice is the ultimate ideal for any industrial adjudication and 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 legislation of Sec. 33 and Sec. 33A is to provide protection to an employee and a tribunal has jurisdiction to do complete justice between the parties with regards to the matter in dispute and also 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
From India, Kakinada
590Please read the collected article which is on Sec.33(A) of the Industrial Disputes Act, 1947.
The Social and economic justice is the ultimate ideal for any industrial adjudication and 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 legislation of Sec. 33 and Sec. 33A is to provide protection to an employee and a tribunal has jurisdiction to do complete justice between the parties with regards to the matter in dispute and also 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
From India, Kakinada
Dear Mr.Kumar,
Your attempt on a write-up on Sections 33 and 33-A is highly commendable for the provisions contained therein are perplexing to most of the readers. Very particularly, Conciliation Officers are very much baffled when a complaint is made to them u/s 33A when they are already dealing with certain complaints in which they are yet to initiate formal conciliation u/s 12(1). All complaints lodged with a Conciliation Officer need not be industrial disputes warranting conciliation. Excepting the case of issuance of a strike notice in respect of a Public Utility Service, even in a genuine industrial dispute, conciliation commences only on the issue of a formal conciliation notice u/s 12(1). I solicit your views on such a situation.
From India, Salem
Your attempt on a write-up on Sections 33 and 33-A is highly commendable for the provisions contained therein are perplexing to most of the readers. Very particularly, Conciliation Officers are very much baffled when a complaint is made to them u/s 33A when they are already dealing with certain complaints in which they are yet to initiate formal conciliation u/s 12(1). All complaints lodged with a Conciliation Officer need not be industrial disputes warranting conciliation. Excepting the case of issuance of a strike notice in respect of a Public Utility Service, even in a genuine industrial dispute, conciliation commences only on the issue of a formal conciliation notice u/s 12(1). I solicit your views on such a situation.
From India, Salem
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