Industrial Disputes (Amendment) Act 2010 effective from 15.9.2010

pca Started The Discussion:

Dear friends,

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.

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File Type: doc Industrial Disputes Amendment Act 2010.doc (38.0 KB, 1915 views)
Ramakrishnansangiah -  Member Since: Aug 2008
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

sambasivakamasani -  Member Since: Aug 2010
Thanq for updation ID amendment. IF worker is completing 45 days by 30/09/2010 can he approach the court.

touch -  Member Since: Jan 2010
I am involved in teaching Labour Laws. The update is really a big help for me as I could update the students of the new amendments. Thank you. Please continue posting these updates Regards, Touch

advsidsh -  Member Since: Oct 2010
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

tdmairal -  Member Since: Apr 2009
Dear PCA thank you very much. You made a difference. Once again thanks. With best regards. TD Mairal Resident of Nashik Maharashtra and presently working at New Delhi

sambasivakamasani -  Member Since: Aug 2010
I would like to know, a worker who is terminated prior to 15/9/2010 can approach the labour court directly, since by this time he has completed 45 days. Further, can he file directly. Some one guide me. Regards.

rajanassociates -  Member Since: Nov 2007
Dear All

See the following posts in relation to the Amendment:
Legal Compliances required for the Staffing Industry


With Regards

VS Rajan Associates,
Advocates & Notaries & Legal Consultants[HR]
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684-9025792634

Prabodhkumar -  Member Since: Dec 2010
Now a supervisor whose salary is below 10,000/- can be considered as workmen under I D Act or not -  Member Since: Dec 2008
What is the need of this amendment specially regarding the insertion of chapter IIB. Thanks MUKESH PRASAD


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