please clear time limitation for filing a case by a workman as per provisions of Industrial Dispute Act 1947.
Can a workman file a case for any dispute ,after ten years as per provisions of I D Act 1947
From India
Can a workman file a case for any dispute ,after ten years as per provisions of I D Act 1947
From India
Dear
We do not find any limitation clause in Industrial Disputes Act, 1947 for filing a claim case/ demand notice.
With Regards,
R.N.Khola
From India, Delhi
We do not find any limitation clause in Industrial Disputes Act, 1947 for filing a claim case/ demand notice.
With Regards,
R.N.Khola
From India, Delhi
AS PER THE Industrial Disputes (Amendment) Act, 2010 (No. 24 of 2010
Amendment of section 2A
3. Section 2A of the principal Act shall be numbered as sub-section (1) thereof and 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 is specified in sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in 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 and 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 otherwise termination of service as specified in sub-section (1).”.
NOW THE ID ACT (AMENDMENT )2010 GIVE ANSWER TO YOUR QUERY
A.ALAGARSAMY
From India, Karur
Amendment of section 2A
3. Section 2A of the principal Act shall be numbered as sub-section (1) thereof and 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 is specified in sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in 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 and 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 otherwise termination of service as specified in sub-section (1).”.
NOW THE ID ACT (AMENDMENT )2010 GIVE ANSWER TO YOUR QUERY
A.ALAGARSAMY
From India, Karur
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