An Act further to amend the Industrial Disputes Act,
1947.
Be it enacted by Parliament in the Sixty-first
Year of the Republic
of India as follows:—
Short title and commencement
1. (1) This Act may be called
the Industrial Disputes (Amendment) Act, 2010.
(2)
It shall come into force on such
date as the Central Government may, by notification in the Official
Gazette, appoint.
Amendment of section 2
2. In
the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter referred to as the
principal Act), in section 2,—
(i) in clause (a),––
(a) in
sub-clause (i), for the words “major port, the Central Government, and”,
the words “major port, any company in which not less than fifty-one per cent of
the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to
in this clause, established by or under any law made by Parliament, or
the Central public sector undertaking, subsidiary companies set up by the principal
undertaking and autonomous bodies owned or
controlled by the Central Government, the Central Government, and” shall
be substituted;
(b)
for sub-clause (ii), the following sub-clause shall be substituted,
namely: -
“(ii)
in relation to any other industrial dispute, including the State public sector
undertaking, subsidiary companies set up by the principal undertaking and
autonomous bodies owned or controlled by the State Government, the State
Government:
Provided that in case of a dispute between a contractor
and the contract labour employed through the contractor in any industrial
establishment where such dispute first arose, the appropriate Government shall
be the Central Government or the State Government, as the case may be, which
has control over such industrial establishment.”;
(ii) in clause
(s), in sub-clause (iv), for the words “one thousand six hundred
rupees”, the words “ten thousand rupees” shall be substituted.
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).”.
Amendment of section 7
4. In section 7 of the principal Act,
in sub-section (3), after clause (e), the following clauses shall
be inserted, namely:—
“(f)
he is or has been a Deputy Chief Labour Commissioner (Central) or Joint
Commissioner of the State Labour Department, having a degree in law and at
least seven years' experience in the labour department including three years of
experience as Conciliation Officer:
Provided that no such Deputy Chief Labour
Commissioner or Joint Labour Commissioner
shall be appointed unless he resigns from the service of the Central Government
or State Government, as the case may
be, before being appointed as the presiding officer; or
(g) he
is an officer of Indian Legal Service in Grade III with three years' experience in the
grade.”.
Amendment of section 7A
5. In
section 7A of the principal Act, in sub-section (3), after clause (aa), the
following clauses shall be inserted, namely:—
“(b)
he is or has been a Deputy Chief Labour Commissioner (Central) or Joint
Commissioner of the State Labour Department, having a degree in law and at
least seven years' experience in the labour department including three years of
experience as Conciliation Officer:
Provided that no such Deputy Chief Labour
Commissioner or Joint Labour Commissioner shall be appointed unless he resigns
from the service of the Central Government or State Government, as the case may
be, before being appointed as the presiding officer; or
(c) he
is an officer of Indian Legal Service in Grade III with three years' experience
in the grade.”
Substitution of new Chapter for
Chapter IIB
6. After
section 9B of the principal Act, for Chapter IIB, the following Chapter shall
be substituted, namely:—
“CHAPTER IIB
Grievance Redressal Machinery
Setting up of Grievance Redressal Machinery
9C. (1) Every industrial establishment
employing twenty or more workmen shall have one or more Grievance Redressal
Committee for the resolution of disputes arising out of individual
grievances.
(2) The Grievance Redressal Committee
shall consist of equal number of members from the employer and the
workmen.
(3)
The chairperson of the Grievance Redressal Committee shall be selected from the
employer and from among the workmen alternatively on rotation basis every year.
(4) The
total number of members of the Grievance Redressal Committee shall not exceed
more than six:
Provided that there shall be, as far as
practicable one woman member if the Grievance
Redressal Committee has two members and in case the number of members are
more than two, the number of women members may be increased proportionately.
(5)
Notwithstanding anything contained in this section, the setting up of Grievance
Redressal Committee shall not affect the right of the workman to raise
industrial dispute on the same matter under the provisions of this Act.
(6)
The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application
by or on behalf of the aggrieved party.
(7) The workman who is aggrieved of the
decision of the Grievance Redressal Committee may prefer an appeal to
the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the
date of receipt of such appeal,
dispose off the same and send a copy of his decision to the workman concerned.
Amendment of section 11
(8)
Nothing contained in this section shall apply to the workmen for whom there is
an established Grievance Redressal Mechanism in the establishment concerned.”.
7. In
section 11 of the principal Act, after sub-section (8), the following
sub-sections shall be inserted, namely:
“(9)
Every award made, order issued or settlement arrived at by or before Labour
Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders
and decree of a Civil Court under order 21 of the Code of Civil
Procedure, 1908 (5 of 1908).
(10)
The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to
a Civil Court
having jurisdiction and such Civil
Court shall execute the award, order or settlement
as if it were a decree passed by it.”
Amendment of section 38
8. In section 38 of the principal Act,
in sub-section (2),—
(i) clause (ab)
shall be omitted;
(ii) for clause
(c), the following clause shall be substituted, namely:—
“(c)
the salaries and allowances and the terms and conditions for appointment of the
presiding officers of the Labour Court, Tribunal and the National Tribunal
including the allowances admissible to members of Courts, Boards and to
assessors and witnesses;”.
0 Comments