29. CONCILIATION ADJUDICATION ARBITRATION [Sn 33(1)] CONCILIATION IS DEEMED TO COMMENCE AND CONCLUDE WHEN CONTINGENCIES MENTIONED IN SECTION 20(1) 20(2) ARE SATISFIED SIMILARLY ‘ ADJUDICATION’ & ‘ARBITRATION’ ARE DEEMED TO COMMENCE & CONCLUDE WHEN CONTINGENCIES MENTIONED IN SECTION 20(3) IS SATISFIED. Note: THE INTERVENING PERIOD IS CALLED THE PERIOD OF PENDENCY - - WHAT IS MEANT BY ‘PERIOD OF PENDENCY’ ? IV - - - IT APPLIES ONLY DURING ‘THE PERIOD OF PENDENCY OF ANY ONE OF THE FOLLOWING PROCEEDINGS: - THEN WHEN ARE THEY APPLICABLE ? III

30. NO PERMISSION OR APPROVAL IS REQUIRED IF THE ACTION IS AS PER APPLICABLE STANDING ORDER PROVISIONS OR PREVAILING SERVICE RULES. NA WHEN SERVICE CONDITIONS/ ANY OTHER MATTER NOT CONNECTED WITH THE PENDING DISPUTE ARE TO BE ALTERED IN CASE OF PERSONS CONCERNED IN THE DISPUTE [Sn 33(2)(a)] B NA ACTION ONLY AFTER GETTING PRIOR WRITTEN PERMISSION FROM AUTHORITY WHEN EMPLOYER WANTS TO ALTER A MATTER/SERVICE CONDITION WHICH IS THE SUBJECT MATTER OF THE DISPUTE A ALTERATION OF SERVICE CONDITIONS TAKE POST FACTO APPROVAL TAKE PRIOR WRITTEN PERMISSION CONTINGENCY WHAT IS THE NATURE OF RESTRICTIONS IMPOSED V

31. NA ONLY FOR TERMINATION. ON THE DATE OF ISSUE OF TERMINATION ORDER PAY ONE MONTHS SALARY WITHOUT ANY DEDUCTIONS AND ON THE SAME DAY FILE AN APPROVAL PETITION. DISCIPLINARY ACTION AGAINST A CONCERNED WORKMAN FOR A MISCONDUCT NOT CONNECTED WITH THE PENDING DISPUTE [Sn 33(2)(b)] B NA ANY DISCIPLINARY PUNISHMENT ONLY AFTER GETTING PRIOR WRITTEN PERMISSION DISCIPLINARY ACTION AGAINST A WORKMAN FOR A MISCONDUCT CONNECTED WITH THE PENDING DISPTUTE [Sn 33(I)(b)] A DISMISSAL ORDERS

32. IF DISPUTE PENDING BEFORE MORE THAN ONE AUTHROTITY – EMPLOYER CAN CHOOSE ANY ONE OF THEM PERMISSION OR APPROVAL APPLICATIONS TO BE FILED BEFORE THE DISPUTE PENDING AUTHORITY WHERE TO FILE APPROVAL/PERMISSION APPLICATIONS VI IF NOT A ‘PROTECTED WORKMAN’ FILE APPROVAL PETITION (ONLY FOR TERMINATION CASES) ANY KIND OF PUNISHMENT TO ‘PROTECTED WORKMEN’ MUST BE GIVEN ONLY AFTER APPLYING AND GETTING WRITTEN PERMISSION PUNISHING ‘PROTECTED WORKMEN’ [Sn 33(3), R-62] PROTECTED WORKMEN

33. THE WORKMAN HAS TO BE REINSTATED IN SERVICE AND GIVEN FULL BACK PAY AND BENEFITS [Sn 33(A)] CONSEQUENCES OF APPROVALS NOT BEING GRANTED IX AS PER SECTION 33(A) AND RULE 60 (1) (2) (3) (4) HE CAN FILE A COMPLAINT TO THE AUTHORITY BEFORE WHOM PROCEEDING IS PENDING WHAT CAN A WORKMAN DO WHEN EMPLOYER DOES NOT COMPLY WITH SECTION 33 VIII K 61(2) (3) (4) & (5) FOR APPROVAL PETITIONS J 61(1) & (3) (4) & (5) FOR PERMISSION PETITIONS IN FORM NO. RULE NO. CONTINGENCY SEE THE APPLICABLE STATE RULES IN KERALA THE APPLICABLE RULE & FORMAT ARE AS FOLLOWS: IS THERE ANY SPECIFIC FORMAT VII

34. EVEN IN PERMISSION CASES THE EMPLOYER CAN FILE THE PERMISSION APPLCIATION AND PARALLALY PLACE THE WORKMAN UNDER SUSPENSION PENDING ENQUIRY PROVIDED HE IS PAID THE APPLICABLE SUBSISTENCE ALLOWANCE TILL THE PERMISSION APPLICATION IS DISPOSED OF. EVEN IF NO APPLCATION FOR PERMISSION/APPROVAL IS MADE, DISMISSAL/DISCIPLINARY ACTION WILL NOT BE IPSO FACTO ILLEGAL. EMPLOYERS CAN STILL JUSTIFY HIS ACTION WHEN CASE COMES UP BEFORE LABOUR COURT. EVEN IF APPROVAL/PERMISSION IS GIVEN UNDER SECTION 33, WORKMAN CAN RAISE A SEPARATE DISPUTE CHALLENGING HIS DISMISSAL [Sn-2(A) & 11A] GENERAL X

46. MANUFACTURING, MARKETING & DISTRIBUTION OF PETROLEUM PRODUCTS 26 FERTILIZER INDUSTRY 25 CURRENCY NOTE PRESS 24 MAGNESITE MINING 23 PHOSPHORITE MINING 22 SERVICES IN THE BANK 21 SECURITY PAPER , MILL, HOSHANGABD 20 PYRITES MINING INDUSTRY 19 SERVICE IN URANIUM INDUSTRY 18 SERVICE IN ANY OIL FIELD 17 ZINC MINING 16 LEAD MINING 15 IRON ORE MINING 14 COPPER MINING 13 INDIA SECURITY PRESSES 12 GOVERNMENT MINTS 11 FIRE BRIGADE 10 HOSPITALS & DISPENSARIES 9 DEFENCE ESTABLISHMENTS 8 IRON & STEEL 7 FOOD STUFFS 6 COTTON TEXTILES 5 COAL 4 CEMENT 3 BANKING 2 TRANSPORT SERVICES 1