During the pendency of any proceeding before a Board of Conciliation, Labour Court, Tribunal or National Tribunal, which of the following actions cannot be taken by an employer under the Industrial Disputes Act, 1947?
- 1. Altering in regard to any matter not connected with the dispute, the service conditions applicable to a workman immediately before commencement of such proceedings
- 2. Discharging or punishing a workman for a misconduct that is not connected with the pending dispute
- 3. Discharging or punishing a protected workman after instituting a Disciplinary Committee against him
Select the correct answer using the code given below.
– Section 33(1): Requires express permission from the authority for actions concerning any matter connected with the dispute, including alteration of service conditions or discharge/punishment.
– Section 33(2): Allows alterations in service conditions regarding any matter *not* connected with the dispute, or discharge/punishment for misconduct *not* connected with the dispute. However, these actions are subject to conditions: the workman must be paid one month’s wages, and an application for approval of the action must be made simultaneously to the authority. This implies such actions *can* be taken without *prior* permission, but require subsequent approval.
– Section 33(3): Provides special protection for ‘protected workmen’ (trade union office bearers). Any action against them, including discharge or punishment, whether or not connected with the dispute, requires *express prior permission* from the authority.
Statement 1 describes altering service conditions not connected with the dispute. This is permissible under Section 33(2), subject to conditions, meaning it *can* be taken.
Statement 2 describes discharging or punishing a workman for misconduct not connected with the dispute. This is permissible under Section 33(2), subject to conditions, meaning it *can* be taken.
Statement 3 describes discharging or punishing a ‘protected workman’. Under Section 33(3), this action *cannot* be taken without express prior permission from the authority. This is a more stringent restriction than under 33(2). Therefore, among the given options, this action is the one that “cannot be taken” unilaterally or without the required prior approval process.