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.
Attached FilesProvided by community member pca. Register to join your network of peers.
File Type: doc Industrial Disputes Amendment Act 2010.doc (38.0 KB, 2003 views)
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
Thanq for updation ID amendment. IF worker is completing 45 days by 30/09/2010 can he approach the court. sanbasivakamasani@gmail.com
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
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
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
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.
Dear All

See the following posts in relation to the Amendment:
Legal Compliances Required For The Staffing Industry

and http://www.citehr.com/285851-id-act-...ne-update.html

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


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