The establishment employed 20 workmen, and their demand for better service conditions was pending before the Industrial Tribunal. The packaging section of the production department was closed by paying closure compensation to the concerned. Will the action amount to a change in service conditions within the meaning of Sec.33(1) of the Industrial Dispute Act 1947? Support of citation would be appreciated.
Regards.
Read more at: https://www.lawyersclubindia.com/experts/change-in-service-conditions-740061.asp
From India, Pune
Acknowledge(0)
Amend(0)
4Regards.
Read more at: https://www.lawyersclubindia.com/experts/change-in-service-conditions-740061.asp
From India, Pune
Acknowledge(0)Amend(0)
Dear Jagdish,
Closure of a particular department/section of an industrial establishment results in the retrenchment of the workmen employed therein. Retrenchment is one of the conditions of employment. Therefore, when a dispute for the betterment of the existing working conditions of the industrial establishment is pending adjudication before an Industrial Tribunal, certainly such retrenchment will attract the provisions of Section 33 of the Industrial Disputes Act, 1947.
However, if the retrenchment is a consequence of an agreement/settlement with all the workmen of the particular section/department, the provisions of Section 33 will not be applicable.
From India, Salem
Acknowledge(0)Amend(0)
Closure of a particular department/section of an industrial establishment results in the retrenchment of the workmen employed therein. Retrenchment is one of the conditions of employment. Therefore, when a dispute for the betterment of the existing working conditions of the industrial establishment is pending adjudication before an Industrial Tribunal, certainly such retrenchment will attract the provisions of Section 33 of the Industrial Disputes Act, 1947.
However, if the retrenchment is a consequence of an agreement/settlement with all the workmen of the particular section/department, the provisions of Section 33 will not be applicable.
From India, Salem
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Register and Log In.
Circular No 1-2018 Processing of income-tax returns under section 143(1) of the Income-tax Act .pdf
Section 6A Karnataka Shops and Establishment Act.jpg