Id act
k c sahu
(Querist) 08 January 2013
This query is : Resolved
The Section 10 ID depends on a valid dismissal of the respondents, which in turn depends on the result of the section 33(2)(b) proceeding. If the latter is stayed then can the ID proceed?
Raj Kumar Makkad
(Expert) 08 January 2013
No. Even if latter is stayed the proceeding on section 10D shall not be stayed. It is plain that for the purposes of Section 33A ID Act the workman has to show that the employer has contravened Section 33 ID Act "during the pendency of proceedings" before the Tribunal. The proviso to Section 33(2)(b) ID Act states that when there is an industrial dispute pending before the Tribunal or the CGIT the employer can discharge or punish, whether by dismissal or otherwise, "a workman concerned in such dispute" for any misconduct not connected with such dispute but subject to fulfilment of two conditions. The first is that he should be paid wages for one month and the second is that the employer should make an application to the Tribunal for approval of the action taken by the employer.
