Concilitation Officer

Mr. Rajan,

While the conciliation proceedings, are pending before a conciliation officer pertaining to a dispute between the employers and employees, the conditions of service, etc. shall be remained unchanged. Section 33 of Industrial disputes act provides this important right to the workers and a power to conciliation officer. The object of section 33 is to provide the amicable and genuine circumstances to reach the settlement of the dispute. While the proceedings are continuing, if a workman or workmen concerned to the dispute, is harassed by way of changing his conditions of services, viz.transferring from place to another; changing working conditions; changing duties; changing to another post, etc. the purpose of the conciliation proceedings will not serve. 

Yes , the appropriate government can refuse to refer the dispute for adjudication if it on the face appears to be frivolous. However in this case the employee can raise dispute on his termination under section 2-A of the ID Act. The preliminary issue to be decided in the case is whether the claimant is a workman or not. This question is to be determined on the basis of nature of his job and his duties. This is a question of fact and law which can not be gone into by the appropriate government under its  functions under section 10 of the ID Act. Hence , in my opinion reference can not be refused. You can plead this objection in the WS alongwith your case on merit.

Both your queries are inter related and lead to one conclusion as aforesaid.

Try to involve him in criminal case as you said he has committed a fraud.