Home | Databases | WorldLII | Search | Feedback Indian Numbered Acts

INDUSTRIAL DISPUTES (AMENDMENT) ACT 2010

THE INDUSTRIAL DISPUTES (AMENDMENT)
ACT, 2010
NO. 24 OF 2010
[18th August, 2010.]
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:--
1. Short title and commencement. - (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.
2. Amendment
of section 2. - In the Industrial
Disputes Act, 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.
3. Amendment
of section 2A. - 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).".
4. Amendment of section 7. - 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.".
5. Amendment of section 7A. - 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.".
6. Substitution of new Chapter for Chapter
IIB. - After section 9B of the principal Act, for
Chapter
IIB, the following Chapter shall be
substituted, namely:--
"CHAPTER IIB
GRIEVANCE REDRESSAL MACHINERY
9C. Setting up of Grievance
Redressal
Machinery. - (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.
(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. Amendment
of section 11. - 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.
(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.".
8. Amendment of section 38. - 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;".
V.K. BHASIN,
Secy. to the Govt. of India.