How the Industrial Disputes (Amendment) Act 2010 Changes Worker Rights from September 15, 2010

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.

Thanks

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.

Friends,

A workman has been suspended pending inquiry w.e.f. 1-8-09 due to some misbehaviors. The domestic inquiry was scheduled and completed on 30-8-09, and the inquiry 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 the punishment order dated 10-9-09, and the punishment period is from 7-9-2009 to 6-10-2009.

Kindly clarify if the predated punishment is legally correct? If there are any case laws, please let me know.

Thanks and regards,
Ramakrishnan

I am involved in teaching Labour Laws. The update is really a big help for me as I can update the students on the new amendments. Thank you. Please continue posting these updates.

Regards,
Touch

Thank you for uploading the Industrial Disputes Amendment Act, 2010. From the notification related to this, it appears that there are only changes made in the central Act, not with regard to any specific West Bengal amendments, if any. If there are any amendments related to West Bengal, please inform and upload the same.

Regards,
Sidhartha Sharma, Advocate
09831030748

I would like to know if a worker who is terminated prior to 15/9/2010 can approach the labor court directly, since by this time he has completed 45 days. Furthermore, can he file directly? Someone guide me.

Regards.

Dear All,

Please refer to the following posts in relation to the Amendment:
- [Legal Compliances Required in Staffing Industry](https://www.citehr.com/285737-legal-compliances-required-staffing-industry.html)
- [ID Act Amendment Enforced: Its Impact on Business Managers - HR Magazine Update](https://www.citehr.com/285851-id-act-amendment-enforced-its-impact-business-manager-hr-magazine-update.html)

With Regards,
Advocates & Notaries & Legal Consultants [HR]
E-mail: rajanassociates@eth.net
Mobile: 9025792684-9025792634

Query on Supervisor's Status under Industrial Disputes Act

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