Dear All,
One of our employee was terminated 10 years ago and all the benefits had already given to him .But after the 10 years he raised industry disputes under section 2(A) to conciliation officer . Now my question is that can employee raised dispute against company after 10 years . I am seeking you assistance in this matter .
12th February 2019 From India
Employee can raise any dispute at any moment but whether to entertain it or not is government Authority Call. Once it is entertained by Government Authorities then employer needs to object before government authorities with relevant documents / evidences.
12th February 2019 From India, Pune
After the amendment to sec.2A of the ID Act,1947 effective from 15-09-2010, no dispute under this section can be raised by the workman about his non employment by way of discharge, dismissal, retrenchment or termination by the employer after the expiry of 3 years from the date of such termination.
As the effect of this amendment is mandatory and not directory, such time-barred claim should be dismissed In Limine by the authority concerned without waiting for the objection,if any to be filed by the employer.
12th February 2019 From India, Salem
Dear Sir ,
Most of all thank you all for your valuable suggestion .
Can you provide me amendment sec.2A Of the ID Act any soft copy . We have received a letter from the labour department under section 2A ,whereas he was terminated 10 years ago . So in this context we can show the conciliation officer amendment section no 2A Copy . Please sir provide me the same copy so that i can solve the said case accordingly in my favor
13th February 2019 From India
Dear Gaurav,
Pl. Go through india kanoon org. and you will find many judgments on this issue.
Also search the web and you will find the notified copy of the amendment to the ID Act,1947 carried out in 2010.
13th February 2019 From India, Salem
You can raise objection before the authority that the matter has got no merrit as has been time barred under the Act as notified[S.O. 2278(E).- 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 15 th Day of September, 2010, as the date on which
the said Act shall come into force.
[F.No.S-11012/1/2007-IR(PL)]
RAVI MATHUR, Addl. Secy. ]
3. Section 2A of the principal Act shall be numbered as sub-section (1) thereof and after sub-section (l) 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 three months 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).”
The direction of Mr Umakanthan is right to follow.
15th February 2019 From India, Mumbai
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