Dear All, Please find enclosed the Industrial Disputes (Amendment) Act 2010 for your all ready reference. Regards, Varun +919845434343
From India, Bangalore
3From India, Bangalore
Amendment to section 2A of I.D Act w.e.f 15-09- 2010.
1. Section 2A of the principal Act shall be numbered as sub-section (I) thereof and after sub-section (I) 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 (I) may, make an application direct 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, 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 (I).”
Section 2-A amendment workers to have direct access to labour courts.
The amendment to Industrial Disputes Act will have 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, curtailing the state’s role.
At present, disputes could be adjudicated by the Industrial Tribunals or Labour Courts only after a reference is made by the ‘appropriate government’. The amendment in Section 2A, would 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 would enable aggrieved workmen to choose the alternative of adjudication for resolution of his dispute faster.
This provision applies only in cases of discharge, dismissal, retrenchment or termination only. This does not apply in case of any other service conditions like transfer, increments, charter of demands etc.
However, this amendment was already introduced in the state of A.P. in the year 27-07-1987 itself, whereby the workers can directly approach the labour court without approaching the conciliation machinery. However, now limitation of three years is introduced by way of this amendment by the central govt.
The Govt. of A.P. further proposed to amend the I.D Act, which was passed in the A.P Assembly on 27-03-2010, prescribing 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, the contract workers can not raise a dispute relating to their discharge etc., on expiry of contract period under section 2-A of the I.D Act. Since, the contract labour never 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 ID act. The choice is given to workmen either to approach the authorities under the shops ant or to approach the labour court under section 2-A of the I.D Act. (Co-op society vs Labour court 1987(ii)LLJ Page66.)
C. NIRANJAN RAO
Advocate
HIG-II, BLOCK NO.22, FLAT NO.8,
BAGH LINGAMPALLY, HYDERABAD.
PH: 040 66827291 (O) 9848050875 (M)
niranjanraoassociates at gmail dot com
From India, Hyderabad
1. Section 2A of the principal Act shall be numbered as sub-section (I) thereof and after sub-section (I) 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 (I) may, make an application direct 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, 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 (I).”
Section 2-A amendment workers to have direct access to labour courts.
The amendment to Industrial Disputes Act will have 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, curtailing the state’s role.
At present, disputes could be adjudicated by the Industrial Tribunals or Labour Courts only after a reference is made by the ‘appropriate government’. The amendment in Section 2A, would 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 would enable aggrieved workmen to choose the alternative of adjudication for resolution of his dispute faster.
This provision applies only in cases of discharge, dismissal, retrenchment or termination only. This does not apply in case of any other service conditions like transfer, increments, charter of demands etc.
However, this amendment was already introduced in the state of A.P. in the year 27-07-1987 itself, whereby the workers can directly approach the labour court without approaching the conciliation machinery. However, now limitation of three years is introduced by way of this amendment by the central govt.
The Govt. of A.P. further proposed to amend the I.D Act, which was passed in the A.P Assembly on 27-03-2010, prescribing 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, the contract workers can not raise a dispute relating to their discharge etc., on expiry of contract period under section 2-A of the I.D Act. Since, the contract labour never 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 ID act. The choice is given to workmen either to approach the authorities under the shops ant or to approach the labour court under section 2-A of the I.D Act. (Co-op society vs Labour court 1987(ii)LLJ Page66.)
C. NIRANJAN RAO
Advocate
HIG-II, BLOCK NO.22, FLAT NO.8,
BAGH LINGAMPALLY, HYDERABAD.
PH: 040 66827291 (O) 9848050875 (M)
niranjanraoassociates at gmail dot com
From India, Hyderabad
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Industrial Disputes Amendment Act 2010.doc
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