Conditions of service, etc. to remain unchanged in certain circumstances during the pendency of proceedings

§6-E

Summary

6-E. (1) During the pendency of any conciliation proceeding before a Conciliation Officer or a Board or of any proceeding before a Labour Court or Tribunal in respect of an industrial dispute, no employer shall (a) in regard to any matter connected with the dispute, alter to the prejudice of the workmen concerned in such dispute the conditions of service applicable to them immediately before the commencement of such proceeding, or(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workman concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending. (2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute (a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding, or (b) for any misconduct not connected with the dispute, discharge or punish whether by dismissal or otherwise that workman ; Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority, before which the proceeding is pending, for approval of the action taken by the employer.(3) Notwithstanding anything contained in sub-section (2) no employer shall, during the pendency of any such proceedings in respect of an industrial dispute take any action against any protected workman concerned in such dispute - (a) by altering to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceeding, or(b) by discharging or punishing, whether by dismissal or otherwise; such protected workman, save with the express permission in writing of the authority before which the proceeding is pending. Explanation - For the purpose of this sub-section, a protected workman in relation to an establishment means a workman who, being an officer of a registered trade union, connected with the establishment, is recognized as such in accordance with rules made in this behalf. (4) In every establishment, the number of workmen to be recognized as protected workmen for the purposes of sub-section (3) shall not exceed one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen among various trade unions, if any, connected with the establishment and the manner in which they may be chosen and recognized as protected workmen. (5) Where an employer makes an application to a Board, Labour Court or Tribunal under the proviso to sub-section (2) for approved of the action taken by him, the authority concerned shall, without delay, hear such application and pass, as expeditiously as possible, such order in relation thereto as it deems fit.

6-E. (1) During the pendency of any conciliation proceeding before a Conciliation Officer or a Board or of any proceeding before a Labour Court or Tribunal in respect of an industrial dispute, no employer shall (a) in regard to any matter connected with the dispute, alter to the prejudice of the workmen concerned in such dispute the conditions of service applicable to them immediately before the commencement of such proceeding, or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workman concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending. (2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute (a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding, or (b) for any misconduct not connected with the dispute, discharge or punish whether by dismissal or otherwise that workman ; Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority, before which the proceeding is pending, for approval of the action taken by the employer. (3) Notwithstanding anything contained in sub-section (2) no employer shall, during the pendency of any such proceedings in respect of an industrial dispute take any action against any protected workman concerned in such dispute - (a) by altering to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceeding, or (b) by discharging or punishing, whether by dismissal or otherwise; such protected workman, save with the express permission in writing of the authority before which the proceeding is pending. Explanation - For the purpose of this sub-section, a protected workman in relation to an establishment means a workman who, being an officer of a registered trade union, connected with the establishment, is recognized as such in accordance with rules made in this behalf. (4) In every establishment, the number of workmen to be recognized as protected workmen for the purposes of sub-section (3) shall not exceed one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen among various trade unions, if any, connected with the establishment and the manner in which they may be chosen and recognized as protected workmen. (5) Where an employer makes an application to a Board, Labour Court or Tribunal under the proviso to sub-section (2) for approved of the action taken by him, the authority concerned shall, without delay, hear such application and pass, as expeditiously as possible, such order in relation thereto as it deems fit.

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