Dear All, Please find enclosed the Industrial Disputes (Amendment) Act 2010 for your all ready reference. Regards, Varun +919845434343
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Dear Sir, do you have latest amendment happened in Payment of Bonus Act. i want its notification.
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Section 2A is confusing As per my knowledge limit for concilliation is of 45 days not 3 months as shown in attachment. Pl check.
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C. NIRANJAN RAO Advocate HIG-II, BLOCK NO.22, FLAT NO.8, BAGH LINGAMPALLY, HYDERABAD. PH: 040 66827291 (O) 9848050875 (M) Email: niranjanraoassociates at gmail dot com
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Amendment to Section 2A of Industrial Disputes Act effective from 15-09-2010.
Section 2A of the principal Act shall be numbered as sub-section (1) thereof. After sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:
"(2) Notwithstanding anything contained in Section 10, any such workman as specified in sub-section (1) may make an application directly to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of three months from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute. Upon receipt of such application, the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act. All the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment, or other termination of service as specified in sub-section (1)."
The amendment to Section 2A allows workers to have direct access to labour courts. This amendment to the Industrial Disputes Act will pave the way for better and direct access to labour court or tribunal for workers in cases of disputes related to retrenchment, discharge, dismissal, or termination of services. It will also empower labour courts, reducing the state's role.
Currently, disputes could only be adjudicated by the Industrial Tribunals or Labour Courts after a reference is made by the 'appropriate government.' The amendment in Section 2A will enable a workman to directly approach the Labour Court after filing his grievance before the conciliation machinery to resolve the issue within 45 days. There will be no need for him to approach the 'appropriate government' for making a reference. This amendment will allow aggrieved workmen to choose the alternative of adjudication for resolving his dispute faster.
This provision applies only in cases of discharge, dismissal, retrenchment, or termination. It does not apply to other service conditions like transfer, increments, charter of demands, etc.
However, this amendment was already introduced in the state of Andhra Pradesh on 27-07-1987, whereby workers could directly approach the labour court without approaching the conciliation machinery. The central government has now introduced a limitation of three years through this amendment.
The Government of Andhra Pradesh further proposed to amend the ID Act, which was passed in the Andhra Pradesh Assembly on 27-03-2010, prescribing a limitation of six months to approach the labour court in case of retrenchment, discharge, dismissal, or termination. This amendment is awaiting the president's assent.
Case law:
However, contract workers cannot raise a dispute relating to their discharge, etc., on the expiry of the contract period under Section 2-A of the ID Act. Since contract labor cannot be treated as workmen of the principal employer and no relationship exists between them (ONGC vs. N. Satyanarayana 2003, (iii) LLJ Page 289).
An employee working in a shop or establishment can also approach the Labour court under Section 2-A of the ID Act. The choice is given to workmen either to approach the authorities under the Shops Act or to approach the labor court under Section 2-A of the ID Act (Co-op Society vs. Labour Court 1987 (ii) LLJ Page 66).
C. Niranjan Rao
Advocate
HIG-II, Block No. 22, Flat No. 8,
Bagh Lingampally, Hyderabad.
PH: 040 66827291 (O) 9848050875 (M)
niranjanraoassociates@gmail.com
From India, Hyderabad
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Section 2A of the principal Act shall be numbered as sub-section (1) thereof. After sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:
"(2) Notwithstanding anything contained in Section 10, any such workman as specified in sub-section (1) may make an application directly to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of three months from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute. Upon receipt of such application, the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act. All the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment, or other termination of service as specified in sub-section (1)."
The amendment to Section 2A allows workers to have direct access to labour courts. This amendment to the Industrial Disputes Act will pave the way for better and direct access to labour court or tribunal for workers in cases of disputes related to retrenchment, discharge, dismissal, or termination of services. It will also empower labour courts, reducing the state's role.
Currently, disputes could only be adjudicated by the Industrial Tribunals or Labour Courts after a reference is made by the 'appropriate government.' The amendment in Section 2A will enable a workman to directly approach the Labour Court after filing his grievance before the conciliation machinery to resolve the issue within 45 days. There will be no need for him to approach the 'appropriate government' for making a reference. This amendment will allow aggrieved workmen to choose the alternative of adjudication for resolving his dispute faster.
This provision applies only in cases of discharge, dismissal, retrenchment, or termination. It does not apply to other service conditions like transfer, increments, charter of demands, etc.
However, this amendment was already introduced in the state of Andhra Pradesh on 27-07-1987, whereby workers could directly approach the labour court without approaching the conciliation machinery. The central government has now introduced a limitation of three years through this amendment.
The Government of Andhra Pradesh further proposed to amend the ID Act, which was passed in the Andhra Pradesh Assembly on 27-03-2010, prescribing a limitation of six months to approach the labour court in case of retrenchment, discharge, dismissal, or termination. This amendment is awaiting the president's assent.
Case law:
However, contract workers cannot raise a dispute relating to their discharge, etc., on the expiry of the contract period under Section 2-A of the ID Act. Since contract labor cannot be treated as workmen of the principal employer and no relationship exists between them (ONGC vs. N. Satyanarayana 2003, (iii) LLJ Page 289).
An employee working in a shop or establishment can also approach the Labour court under Section 2-A of the ID Act. The choice is given to workmen either to approach the authorities under the Shops Act or to approach the labor court under Section 2-A of the ID Act (Co-op Society vs. Labour Court 1987 (ii) LLJ Page 66).
C. Niranjan Rao
Advocate
HIG-II, Block No. 22, Flat No. 8,
Bagh Lingampally, Hyderabad.
PH: 040 66827291 (O) 9848050875 (M)
niranjanraoassociates@gmail.com
From India, Hyderabad
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Industrial Disputes Amendment Act 2010.doc
The-Industrial- Disputes-Amendm ent-Act-2010.pd f