pca Started The Discussion:
Industrial Disputes (Amendment) Act 2010 (copy attached) has come into effect on 15.9.2010 as per notification appended below. It provides for the following:
(i) amendment of the term “appropriate Government” defined under section 2(a) of the Act to amplify the existing definition;
(ii) enhancement of wage ceiling of a workman from one thousand six hundred rupees per month to ten thousand rupees per month under section 2(s) of the Act;
(iii) direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of section 2A of the Act;
(iv) expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under sections 7 and 7A of the Act;
(v) establishment of Grievance Redressal Machinery in every Industrial establishment employing twenty or more workmen for the resolution of disputes arising out of individual grievances;
(vi) empowering the Labour Court or Tribunal to execute the awards, orders or settlements arrived at by Labour Court or Tribunal.
Industrial Disputes (Amendment) Act, 2010 - Notified date for enforcement of said Act
Notification No. S.O. 2278(E), dated 15-9-2010
In exercise of the powers conferred by sub-section (2) of Section 1 of the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), the Central Government hereby appoints the 15th day of September, 2010, as the date on which the said Act shall come into force.
A workman has been suspended pending enquiry w.e.f.1-8-09 due to some misbehaviours, domestic enquiry scheduled and completed on 30-8-09 and enquiry report was received on 5-9-09, our management decided to suspend him for 30 days without wages as per certified standing orders as a punishment. We issued punishment order dtd.10-9-09 and the punishment period is 7-9-2009 to 6-10-2009.
Kindly clarify the predated punishment is legally correct? If any case laws are there pl let me know.
Thanks and regards
Thanks for uploading the Industrial Disputes Amendment Act, 2010. From the notification related to this , it appears that there is only changes made in the central Act not with regard to any specific west bengal amendments, if any. If anything amendment is there related to West Bengal, please inform and upload the same.
Sidhartha Sharma, Advocate
See the following posts in relation to the Amendment:
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