under what circumstances sec 9a
of id act 1947 -in stu wheel service was done by four employees due to new kits and modern tools the stu mangt.asked to do the wheel service with three employees now trade union make a complaint before labour officer is it correct
From India, Erode
of id act 1947 -in stu wheel service was done by four employees due to new kits and modern tools the stu mangt.asked to do the wheel service with three employees now trade union make a complaint before labour officer is it correct
From India, Erode
This is a case of either of the following two changes in the service conditions.
1. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen
2. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, not occasioned by circumstances over which the employer has no control.
If so, a notice under section 9 A of the Industrial Disputes Act is required.
Regards,
Madhu.T.K
From India, Kannur
42421. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen
2. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, not occasioned by circumstances over which the employer has no control.
If so, a notice under section 9 A of the Industrial Disputes Act is required.
Regards,
Madhu.T.K
From India, Kannur
If you can prove that the job can be handled by three persons even with old kits, you can have chance to argue that this is simply a case of surplus staff and does only attract retrenchment but not Section 9-A of the I. D Act.
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
hi seniors respected madhu t k what is the difference between 2A and 2K under id act 1947 pl clarify by s elango
From India, Erode
From India, Erode
Section 2A provides that where an employer dismisses, discharges or terminates an individual employee, he can raise an industrial dispute even if no other workmen or a trade union is a party to the dispute. This new section says that an individual can make an application directly to Labour Court or such other dispute redressal machinery.
I don't know if there is any section 2K in the ID Act. But if you mean to say 2(k) and not 2K, then it is nothing but the definition of industrial dispute which says that any dispute between workman and workman, employer and workman/workmen or employer and employer which is connected with employment and non employment is an industrial dispute. As such any difference of opinion about employment or service conditions is an industrial dispute and at the same time if an employee is terminated that act (non employment) is also a dispute. Please see that the definition of workman in section 2(s) includes one who is dismissed or discharged from service.
Regards,
Madhu.T.K
From India, Kannur
I don't know if there is any section 2K in the ID Act. But if you mean to say 2(k) and not 2K, then it is nothing but the definition of industrial dispute which says that any dispute between workman and workman, employer and workman/workmen or employer and employer which is connected with employment and non employment is an industrial dispute. As such any difference of opinion about employment or service conditions is an industrial dispute and at the same time if an employee is terminated that act (non employment) is also a dispute. Please see that the definition of workman in section 2(s) includes one who is dismissed or discharged from service.
Regards,
Madhu.T.K
From India, Kannur
Item 11 of the Fourth Schedule must be read in conjunction with Item 10 and Section 9A of the Industrial Disputes Act. Courts have not interpreted Item 11 in isolation. For further details, please read the following cases:
Hindustan Lever Ltd. v. Hindustan Lever Employees' Union
Parry & Co. Ltd vs P.C. Pal & Ors.
KEC International v. Kamani (1998)
From India, Indore
Hindustan Lever Ltd. v. Hindustan Lever Employees' Union
Parry & Co. Ltd vs P.C. Pal & Ors.
KEC International v. Kamani (1998)
From India, Indore
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