Introduction of Section 9C in the Industrial Disputes Act
Section 9C was introduced in the Industrial Disputes Act, Industrial Disputes (Amendment) Act, 2010 (No. 24 of 2010), and a Grievance Redressal Machinery has been introduced by the insertion of Section 9C. We are inquiring whether Section 9C comes into effect after the issue of a notification.
We find that the wording used in Section 9C is self-operative, as seen below, and a further notification may become superfluous as the provision is clear:
Setting up of Grievance Redressal Machinery
9C. (1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committees for the resolution of disputes arising out of individual grievances.
(2) The Grievance Redressal Committee shall consist of an 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 a 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 is more than two, the number of women members may be increased proportionately.
(5) Notwithstanding anything contained in this section, the setting up of the Grievance Redressal Committee shall not affect the right of the workman to raise an industrial dispute on the same matter under the provisions of this Act.
(6) The Grievance Redressal Committee may complete its proceedings within thirty days of receiving a written application by or on behalf of the aggrieved party.
(7) The workman who is aggrieved by the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of the Grievance Redressal Committee, and the employer shall, within one month of receiving such appeal, dispose of the same and send a copy of his decision to the workman concerned.
Furthermore, Section 9C has already been notified. In case the Grievance Redressal Machinery (GRM) is not in place in your Staffing Entity, it is high time you constitute one. It is not late even now!
From India, Bangalore
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53Section 9C was introduced in the Industrial Disputes Act, Industrial Disputes (Amendment) Act, 2010 (No. 24 of 2010), and a Grievance Redressal Machinery has been introduced by the insertion of Section 9C. We are inquiring whether Section 9C comes into effect after the issue of a notification.
We find that the wording used in Section 9C is self-operative, as seen below, and a further notification may become superfluous as the provision is clear:
Setting up of Grievance Redressal Machinery
9C. (1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committees for the resolution of disputes arising out of individual grievances.
(2) The Grievance Redressal Committee shall consist of an 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 a 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 is more than two, the number of women members may be increased proportionately.
(5) Notwithstanding anything contained in this section, the setting up of the Grievance Redressal Committee shall not affect the right of the workman to raise an industrial dispute on the same matter under the provisions of this Act.
(6) The Grievance Redressal Committee may complete its proceedings within thirty days of receiving a written application by or on behalf of the aggrieved party.
(7) The workman who is aggrieved by the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of the Grievance Redressal Committee, and the employer shall, within one month of receiving such appeal, dispose of the same and send a copy of his decision to the workman concerned.
Furthermore, Section 9C has already been notified. In case the Grievance Redressal Machinery (GRM) is not in place in your Staffing Entity, it is high time you constitute one. It is not late even now!
From India, Bangalore
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I have not understood your question. By Notification S.O. 2278(E) dated 15th September 2010, the Government of India amended the ID Act 1947, referred to as "The Industrial Disputes (Amendment Act), 2010 (No. 24 of 2010)." This Act introduced several significant changes to the Industrial Disputes Act, 1947, including the substitution of a new chapter, Chapter II-B, which addresses GRM.
The Grievance Redressal Committee established under this chapter provides valuable support for the systematic resolution of industrial disputes. This committee serves as an effective tool for resolving disputes between workers/employees. The introduction of this chapter aims to promote a strong and healthy relationship between employees and employers.
As this is an enactment, no further notification is necessary.
Thanks with regards,
Keshav Korgaonkar
[Email Removed For Privacy Reasons], Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, [Email Removed For Privacy Reasons], Labour Compliance Audit, SSI Registration, NOC from
From India, Mumbai
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The Grievance Redressal Committee established under this chapter provides valuable support for the systematic resolution of industrial disputes. This committee serves as an effective tool for resolving disputes between workers/employees. The introduction of this chapter aims to promote a strong and healthy relationship between employees and employers.
As this is an enactment, no further notification is necessary.
Thanks with regards,
Keshav Korgaonkar
[Email Removed For Privacy Reasons], Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, [Email Removed For Privacy Reasons], Labour Compliance Audit, SSI Registration, NOC from
From India, Mumbai
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