R.N.Khola
Labour Laws & Ir
Anil Kaushik
Chief Editor,businessmanager
Rajanassociates
Legal Counsel
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Dmc123
Legal Consultancy
S.VIJAYASIMHARAO
Human Resources
Mukundshouche
Ir & Liaison
+6 Others

Thread Started by #anil kaushik

Dear Friends,

Govt. of India after nearly 26th years amended the Industrial Disputes Act 1947 through its Amendment Act 2010, which has now come into force w.e.f. 15.09.2010 vide its Notification No. S.O. 2278(E) date 15.09.2010

The impact of amendments in Industrial Disputes Act are :

1. In case of individual dispute of workman related to discharge, dismissal, retrenchment or termination by any means, now the workman has the right to approach labour court directly without waiting for conciliation proceedings and Govt. reference. But he has to wait for three months for this direct action from the date of filing his application before conciliation officer if the Govt. is not able to complete the reference process within three months. Earlier there was no such direct option available to workman to approach labour court.

2. Such workman in case of individual dispute has to file claim within time limit period of three years. Earlier there was no such limitation period prescribed under the ID Act.

3. Wage ceiling of workman has been enhanced from Rs. 1600/- per month to Rs. 10,000/- per month, which means now any person working in any industry doing any manual, unskilled, skilled, technical, operational, clerical or supervisory work drawing wages up to Rs. 10000/- will be a workman. Earlier this limit was up to Rs. 1600/-. By this amendment the coverage of workman has been increased and more people are covered now under the Act.

4. Definition of appropriate Govt. has been amplified. Now the industry, corporation, PSEs owned or controlled by the Central Govt., for them appropriate Govt. would be Central Govt.

5. In case of such industry under the control of State Govt., appropriate Govt. would be State Govt.

6. Qualifications of labour court / tribunal Judges are expanded. Now the Dy. Labour Commissioners / Joint Labour Commissioners with degree of Law having 7 years of experience can also become labour court judges.

7. Every industry employing 20 or more workmen is now under legal obligation to constitute and have a grievance redressal machinery in place in the organization to resolve the workers dispute at the first level. Earlier it was not legally essential. The related provisions which were brought in the ID Act in 1984 were never enforced.

8. Now the provision has been made to execute the labour court / tribunal decision. Earlier there was no such provision in the Act and even after decision of the labour court / tribunal there was no machinery to enforce its execution on the employer. Now the labour court / tribunal shall transmit their award to concerned civil court who shall execute the award as if a decree was passed by the court.

regds,

anil kaushik

chief editor,BUSINESS MANAGER

B-138,Ambedkar Nagar,alwar-301001 (raj) india

Landline;0144-2372022

Mob;09829133699



YOUR TODAYS PROBLEMS ARE YESTERDAYS WRONG DECISIONS
3rd October 2010 From India, Delhi

Attached Files
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File Type: pdf ID Act amondment 2010.pdf (47.1 KB, 3091 views)

Dear Anil,
Thanks for providing the information to the members. After going through the attachment it is noticed that at Sr. 6 in place of DLC we to read it as Dy Chief Labour Commissioner (Central) & in place of JLC this is to be read as Joint Labour Commissioner of the State.
Submitted only for information.
With Regards,
R.N.Khola



3rd October 2010 From India, Delhi
Dear
Please see https://www.citehr.com/285737-legal-c...-industry.html on specific impact on one of the amendments on the Staffing Industry
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
4th October 2010 From India, Bangalore
Dear Anil & Dear Khola, Thx 4 sharing the valuable information. Regards. Keshav Korgaonkar
4th October 2010 From India, Mumbai
Dear All
Point no.2.....
In Haryana state Co-Operative land development Bank Vs. Neelam
In this case aggrieved filed a suit after seven years.2005 LLJ 1153 SC
SC awarded in the above case.
As per amended ID act ceiling limit has been increased from 1600 to 10000.
What is the meaning of this ceiling limit in this context.If a worker is drawing more than 10000 ,wil he be supposed as workman?
Please clear.
4th October 2010 From India, Delhi
Dear Anshu,

Your questions about the impact of the recent amendments are very relevant. I owe the responsibility to clarify the points raised by you.

1. Till this recent amendment, there was no provision in the ID Act regarding time period during which workman was to file the claim / raise the individual Industrial Dispute before the conciliation officer of Labour department.

2. For the first time now the Act has been amended to put a bar on raising individual Industrial Dispute within time period of three years, which means now, if the workman raises his individual dispute of termination, retrenchment, dismissal or discharge from service after three years period, it will be treated as time barred and will not be entertained. Workman in such case will not get any relief.

3. The case of Haryana State Co-operative Land Development Bank vs. Neelam which you have referred is a case where the workman raised industrial dispute of her illegal termination after 7 years. Labour Court denied any relief to her on the ground that her claim was belated. Court has used his discretion at this point though there was no such provision in the ID Act about time limit for raising dispute. High Court set aside the order of Labour Court with the observation that since there was no provision of time limit in the Act, workman can't be denied of any relief and her raising the dispute after 7 years she can't be debarred from seeking any relief against her illegal termination. However Supreme Court reversed the order of High Court and upheld the judgment of labour court because labour court considered the conduct of the workman in approaching the court after 7 years as a relevant factor for refusing to grant any relief. Though there were other issues like estoppel, waiver, acquiesence, res-judicata were also involved and discussed, are not relevant here to the point, hence not elaborated.

4. In many cases appropriate Govt. considered this factor of time and decided not to refer the dispute if raised after 7 to 13 years of illegal termination and courts have upheld the decision of the Govt. Courts also have refused to grant any relief in such belated claims purely on the basis of their discretion. It is also held that even if the act did not have any limitation period will not allow workman to raise dispute at any point of time as per his wish.

5. Definition of the workman has been amended to the extent that now if the workman doing any manual, unskilled, skilled, technical, operational, clerical or supervisory work and drawing the wages not exceeding Rs. 10000/- will be deemed as workman and he can enforce his / her rights provided under Industrial Disputes Act. This does not mean that if a workman is doing above activities and drawing more than 10000/- will not be a workman. The person employed in supervisory capacity and by nature of his duties if he functions mainly as manager and drawing wages more than 10000/- will not be a workman. Earlier this limit was up to 1600/-. If a person mainly function as manager but draws less than 10000/-, will not be excluded from the definition.

6. I would like to make it clear here that neither the designation of a person or his wages are determinant factors to conclude whether a person is workman or not. Courts have repeatedly decided that it is the nature of duties which will determine whether a person is a workman or not.

7. Not let us take an example- if a person is functioning in a supervisory capacity but drawing less than 10000/-, he will not be deemed as a supervisor and excluded from the definition of the workman of the ID Act. Three conditions are to be fulfilled before a person is to be considered not a workman -

(i) he should be appointed in the supervisory capacity

(ii) his wages should be more than 10000/-

(iii) he should be vested with the powers of manager and functions mainly of a managerial nature.

I hope, your doubts are clear now.

regds,

Anil Kaushik

Chief Editor - Business Manager - HR Magazine

B-138, Ambedkar Nagar, Alwar - 301001 (Raj.) India

Mob. - 09829133699


5th October 2010 From India, Delhi
Hai Anil kaushik, Thaks for your valuable information, i want to subscribe business manager magzine ,please tell me what is the procedure now i am in hyderabad. Thanks& Regd Satish
5th October 2010 From India, Hyderabad
Dear Anil,
It is a very good effort for sharing such useful information with people like us.
Thank you very much for this noble cause and please continue to let us know the new updates in field of HR.
Vishnu Thakor
9173430620
5th October 2010 From India, Ahmadabad
Dear Mr.Kaushik, Thanks for timely information on latest amendment of IDAct and subsequent clarification to query of some citehr community member. Regards, SKHota
5th October 2010 From India, Calcutta
The Act shall come into effect w.e.f. from such date as the GOI by Notification may appoint. Hence, separate notification is necessary for it to be effective
14th October 2010 From India
Acc. to Sec. 1(2) of the Amendment Act, 2010: It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.Hence, separate Gazette notification is necessary to make the amendments effective from such date as appointed
14th October 2010 From India
It has already come in to force vide notification No.S.O.2278(E) dt. 15.09.2010 regds anil kaushik
16th October 2010 From India, Delhi
Dear Member,
It seems that you have not gone through the attachment made by Mr. Anil Kaushik. It is clearly mentioned in this attachment that in exercise of the powers conferred by sub-section 2 of section 1 of the Industrial Disputes ( Amendment) Act, 2010 the Central Govt. hereby appoints the 15th Day of September 2010 as the date on which the same Act shall come into force - Ravi Mathur Adll. Secy.
Now if this is not correct then let us know what is the position as on today.
Regards,
R.N.Khola




16th October 2010 From India, Delhi
Mr Anil Kushik,
Thank you for sharing valuable amendment.
1. Notification is published ?
2. In this definition clerical or supervisory work drawing wages up to Rs. 10000/- will be a workman. But clerical
people are getting salary. is it same ?
3. Now Supervisory work also included what are the indicators.
I request every member to share view on this.
Mukund Shouche
3rd December 2010 From India, Vadodara
Dear Friend, I have already clarified the points in the same thread some time back. you are requested to pl.go through all relevant postings in the thread. regds anil kaushik
4th December 2010 From India, Delhi
After going through the amendment, status of workmen is as per the definition given in section 2 (s) of I.D.ACT. therefore setting up of grievance committee will include the temps from staffing co. Though they are not the direct employees of the company, since the Act is applicable, they will be covered. Staffing industry will be held to be an industry because it is covered under definition of industry.
2nd May 2011 From India, Pune
Dear Sh Anil, Thanks for sharing............the information. Expecting more of such valid amendments. Hope you can even share articles on the subject. Regards SVS Rao
9th September 2011 From India
Dear Friends

As per the ID Act Amendment Section 9 C was introduced .By that setting up of Grievance Redressal Machinery became a statutory need :

Section 9 C is extracted :

9C. (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.

HR professionals may provide their feedback in this thread on their experience in setting up this Grievance Redressal Machinery in their respective organization.

With Regards

Advocates & Notaries -Legal Consultants-HR

E-mail : rajanassociates@eth,net,

Mobile : 9025792684.

more at https://www.citehr.com/285737-legal-...#ixzz1Xbr1Z7fo
11th September 2011 From India, Bangalore
Mr. Kaushik,
Sir,
You have provided very useful information. Thank you for that. But pls. clarify one thing that " the workman, who is drawing gross salary of less than 10,000/ or equal only can go to Labour court or workman drawing salary more than 10000/- can also go to Labour court" pls. clarify.
Thanks once again
S.N. Choudhury
Personnel Officer
IDTR, JSR
12th September 2011 From India, Ranchi
Dear Sir,
Workman drawing 10,000 or more than that can also go to labour court /labour deptt. authorities for redressal of his complaint, provided his nature of duties are not supervisory or managerial in nature.
regds
anil kaushik
13th September 2011 From India, Delhi
Dear sir i would like to know the process of disciplinary Action against to employees . and also want to know can we suspend the employees during the domestic inquiry regards Sandeep satsangi
21st October 2011 From India, Mumbai
Dear sandeep,
Discipinary action against employee can be taken in accordance with provisions of certified standing orders.
you can also suspend employee pending disciplinary proceedings.
regds
anil kaushik
21st October 2011 From India, Delhi
Dear Sir, I have done MSW and i want to know the process for registraion of labour welfare officer with detials & required formats . Regards Sandeep Satsangi
4th December 2012 From India, Mumbai
Dear Sandeep ji,
You need to approach the office of DISH where you are presently working or residing alongwith all your certificates. Every state has their own procedure.
All the Best.
Thanks and regards.
Keshav Korgaonkar
4th December 2012 From India, Mumbai
Hello All,
Sir , I wanted to know whether an employee of a liaison office of a foreign company can work as a contractor for another branch of foreign company.
And if yes, what would be consequential implications (FOREX, Tax) with regard to the same.
Thanks all.
24th August 2015 From India, Mumbai
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