Section 3. ```

(3) Notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding 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 proceedings; 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 purposes of this sub-section, a "protected workman", in relation to an establishment, means a workman who, being 1*[a member of the executive or other office bearer] of a registered trade union connected with the establishment, is recognised as such in accordance with rules made in this behalf. Chapter V: STRIKES AND LOCK-OUTS ``` | Section 3: Amended by Jharkhand Act No.22,2017, Notification no:L.G 3. Amended by Jharkhand Act No.22,2017, Notification no:L.G.-04/2016-127/LEG.Dated 14/11/2017 ``` ``` 178E ``` ``` Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c):] ``` (7) Where any industrial dispute, in relation to which the Central Government is not the appropriate Government, is referred to a National Tribunal, then notwithstanding anything contained in this Act, any reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the appropriate Government in relation to such dispute shall be construed as a reference to the Central Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any other provision of this Act to the appropriate Government in relation to that dispute shall mean a reference to the State Government.] ``` ``` 2*[(8) No proceedings pending before a Labour Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government.] ``` ``` (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 2*[or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the workman],-- ``` ``` (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, or 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. ``` ``` --------------------------------------------------------------------- ``` ``` 1. Subs. by Act 36 of 1956, s. 21, for s. 33 (w.e.f. 10-3-1957). ``` ``` 2. Ins. by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964). ``` ``` ``` ``` (5) Where an employer makes an application to a conciliation officer, Board, 2*[an arbitrator, a] labour Court, Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, 3*[within a period of three months from the date of receipt of such application], such order in relation thereto as it deems fit:] 4*[Provided that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit: Provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings being completed.] ``` ``` 33. ``` ``` Conditions of service, etc., to remain unchanged under certaincircumstances during pendency of proceedings. ``` ``` 1*[33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.- (1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before 2*[an arbitrator or] a Labour Court or Tribunal or National 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 workmen concerned in such dispute, ``` ``` save with the express permission in writing of the authority before which the proceeding is pending. ``` ``` Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c):] ``` the Third Schedule, to a Tribunal for adjudication: Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c):] ``` ``` 2*[Provided further that] where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate Government shall, unless it considers that the notice has been frivolously or vexatiously given or that it would be inexpedient so to do, make a reference under this sub- section notwithstanding that any other proceedigns under this Act in respect of the dispute may have commenced: ``` ``` 3*[Provided also that where the dispute in relation to which the Central Government is the appropriate Government, it shall be competent for that Government to refer the dispute to a Labour Court or an Industrial Tribunal, as the case may be, constituted by the State Government;] ``` Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c):] ``` ``` 4*[(1A) Where the Central Government is of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not it is the appropriate Government in relation to that dispute, at any time, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a Natoinal Tribunal for adjudication.] ``` ``` Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c):] ``` ``` (a) if the matter under adjudication before the National Tribunal is pending in a proceeding before a Labour Court or Tribunal, the proceeding before the Labour Court or the Tribunal, as the case may be, in so far as it relates to --------------------------------------------------------------------- 1. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984). 2. Subs. by Act 36 of 1956, s. 7, for "or Tribunal" (w.e.f. 10-3- 1957). 3. Ins. by Act 18 of 1952, s. 3. 4. Subs. by Act 36 of 1956, s. 7, for "a Tribunal" (w.e.f. 10-3- 1957). 5. Subs. by s. 7, ibid., for "the Tribunal" (w.e.f. 10-3-1957). 6. Subs. by s. 7. ibid., for "Tribunal" (w.e.f. 10-3-1957). 7. Ins. by s. 7, ibid. (w.e.f. 10-3-1957). ``` ``` ``` ``` such matter, shall be deemed to have been quashed on such reference to the National Tribunal; and ``` ``` (b) it shall not be lawful for the appropriate Government to refer the matter under adjudication before the National Tribunal to any Labour Court or Tribunal for adjudication during the pendency of the proceeding in relation to such matter before the National Tribunal. ``` ``` 1*[Explanation.--In this sub-section, "Labour Court" or "Tribunal" includes any Court or Tribunal or other authority constituted under any law relating to investigation and settlement of industrial disputes in force in any State.] ``` ``` Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c):] ``` ``` Provided further that where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, to the Labour Court, Tribunal or National Tribunal for extension of such period or for any other reason, and the presiding officer of such Labour Court, Tribunal or National Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in writing, extend such period by such further period as he may think fit: ``` ``` Provided also that in computing any period specified in this sub- section, the period, if any, for which the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction or order of a Civil Court shall be excluded: ``` ``` Provided also that no proceedings before a Labour Court, Tribunal or National Tribunal shall lapse merely on the ground that any period specified under this sub-section had expired without such proceedings being completed.] ``` ``` Chapter I: PRELIMINARY ``` | Section 3: Relettered by Act 46 of 1984, s. 2 (w.e.f. 21-8-1984) ``` fication, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate Government public emergency or public interest requires such extension; (o) "railway company" means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890); 1*[(oo) "retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include-- ``` ``` (a) voluntary retirement of the workman; or ``` ``` (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or ``` ``` 2*[(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or] (c) termination of the service of a workman on the ground of continued ill-health;] ``` ``` 3*[(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy ``` Chapter I: PRELIMINARY ``` | Section 3: Relettered by Act 46 of 1984, s. 2 (w.e.f. 21-8-1984) ``` --------------------------------------------------------------------- 1. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 2. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984). 3. Subs. by Act 36 of 1956, s. 3, for cl. (p) (w.e.f. 7-10-1956). ``` ``` ``` Chapter I: PRELIMINARY ``` | Section 3: Relettered by Act 46 of 1984, s. 2 (w.e.f. 21-8-1984) ``` thereof has been sent to 1*[an officer authorised in this behalf by] the appropriate Government and the conciliation officer;] (q) "strike" means a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment; 2*[(qq) "trade union" means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);] 3*[(r) "Tribunal" means an Industrial Tribunal constituted under section 7A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;] 2*[(ra) "unfair labour practice" means any of the practices specified in the Fifth Schedule; (rb) "village industries" has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956) ;] 4*[(rr) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes-- (i) such allowances (including dearness allowance) as the workman is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food-grains or other articles; (iii) any travelling concession; ``` Chapter I: PRELIMINARY ``` | Section 3: Relettered by Act 46 of 1984, s. 2 (w.e.f. 21-8-1984) ``` 2*[(iv) any commission payable on the promotion of sales or business or both;] ``` ``` but does not include-- (a) any bonus; ``` ``` (b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; ``` ``` service;](c) any gratuity payable on the termination of his ``` ``` 5*[(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work or any work for the promotion of sales[6] hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, ``` ``` that dispute, or whose dismissal, dischasrge or retrenchment has led to that dispute, but does not include any such person— ``` ``` (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or ``` Chapter I: PRELIMINARY ``` | Section 3: Relettered by Act 46 of 1984, s. 2 (w.e.f. 21-8-1984) ``` (iv) who, being employed in a supervisory capacity, draws wages exceeding the amount as specified in sub-section(6) of section 1 of the payment of wages Act[7] per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. ``` ``` --------------------------------------------------------------------- 1. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965). 2. Ins. and Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 3. Subs. by Act 18 of 1957, s. 2, for cl. (r) (w.e.f. 10-3-1957). 4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 5. Subs. by Act 46 of 1982, s. 2 (w. e. f. 21-8-1984).