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Industrial Disputes Act, 1947 · Chapter VII: Miscellaneous

Section 33: Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings

The Industrial Disputes Act, 1947 was repealed and replaced by the Industrial Relations Code, 2020 from 21 November 2025. It still applies to matters and proceedings from before that date, as the repealing law provides.

In plain words

While conciliation or adjudication of a dispute is pending, the employer cannot change service conditions or punish workmen in ways connected with the dispute without the written permission of the authority hearing it.

  • For matters not connected with the dispute, the employer can act under standing orders, but cannot discharge or dismiss a workman without paying one month's wages and applying to the authority for approval.
  • Protected workmen, who are recognised union office bearers, cannot have their conditions changed or be punished at all without express written permission.
  • Protected workmen are one per cent of the workforce, at least five and at most one hundred.
  • The authority must decide an approval application within three months, extendable for recorded reasons.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before [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.

(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 [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.

(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 [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.

(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of sub-section (3) shall be 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 and for the aforesaid purpose, the appropriate Government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognised as protected workmen.

(5) Where an employer makes an application to a conciliation officer, Board, [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, [within a period of three months from the date of receipt of such application], such order in relation thereto as it deems fit:] [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.]

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this section

Section 33 protects workmen while a conciliation, arbitration or adjudication proceeding is pending. The employer may not change their conditions of service or punish them for misconduct connected with the dispute without express written permission of the authority hearing the case. For unconnected matters the employer may act, but a discharge or dismissal needs one month's wages and an application for approval.

Permission and approval

SituationWhat the employer needsProvision
Change in conditions, or punishment, connected with the pending disputePrior express permission in writingSection 33(1)
Change or punishment for matters not connected with the disputeMust follow standing orders or contractSection 33(2)
Discharge or dismissal under section 33(2)(b)Pay one month's wages and apply at once for approvalProviso to section 33(2)
Protected workmenPrior express permission even for unconnected mattersSection 33(3)

Consequences of breach

The workman's remedy for a breach is a complaint under section 33A, which is decided as if it were a dispute referred for adjudication. Where the employer dismisses a workman under section 33(2)(b) but approval is refused, or no application for approval is made, the dismissal is treated as never having taken effect.

Key Supreme Court rulings

Common mistakes

  • Mixing up permission under section 33(1), which must come first, with approval under section 33(2)(b), which is sought after the action.
  • Forgetting to pay one month's wages at the time of a section 33(2)(b) dismissal.

Read with: Section 33A Industrial Disputes Act, 1947, Section 10 Industrial Disputes Act, 1947

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 33