Please clarify the time limitation for filing a case by a workman as per the provisions of the Industrial Dispute Act of 1947.
Can a workman file a case for any dispute after ten years according to the provisions of the ID Act of 1947?
From India
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1Can a workman file a case for any dispute after ten years according to the provisions of the ID Act of 1947?
From India
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Dear,
We do not find any limitation clause in the Industrial Disputes Act, 1947 for filing a claim case/demand notice.
With Regards,
R.N.Khola
From India, Delhi
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We do not find any limitation clause in the Industrial Disputes Act, 1947 for filing a claim case/demand notice.
With Regards,
R.N.Khola
From India, Delhi
Acknowledge(0)Amend(0)
Amendment of Section 2A:
As per the Industrial Disputes (Amendment) Act, 2010 (No. 24 of 2010):
Section 2A of the principal Act shall be numbered as sub-section (1) thereof, and after sub-section (1) 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 directly to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute. Upon 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. 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 other termination of service as specified in sub-section (1).”
Now, the ID Act (Amendment) 2010 addresses your query.
Regards,
A. Alagarsamy
From India, Karur
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As per the Industrial Disputes (Amendment) Act, 2010 (No. 24 of 2010):
Section 2A of the principal Act shall be numbered as sub-section (1) thereof, and after sub-section (1) 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 directly to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute. Upon 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. 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 other termination of service as specified in sub-section (1).”
Now, the ID Act (Amendment) 2010 addresses your query.
Regards,
A. Alagarsamy
From India, Karur
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THE INDUSTRIAL DISPUTES ACT, 1947.doc
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