Under Section 33(2)(b) of the Industrial Disputes Act, 1947, during the pendency of conciliation or adjudication proceedings, an employer who discharges or dismisses a workman for misconduct not connected with the pending dispute must -

Section 33 places fetters on the employer's power to alter service conditions or take punitive action during the pendency of conciliation or adjudication proceedings. Under Section 33(2)(b), where a workman is discharged or dismissed for misconduct not connected with the pending dispute, the employer shall pay him wages for one month, make an application to the authority before which the proceeding is pending for approval of the action taken, and the action shall not take effect until approval is granted. For misconduct connected with the pending dispute, Section 33(1)(b) requires the express permission of the authority. The purpose is to protect workmen from victimisation during the pendency of proceedings.