INDUSTRIAL DISPUTES (AMENDMENT) ACT 2010

THE INDUSTRIAL DIPSUTES (AMENDMENT) ACT, 2010

No.24 OF 2010

[18 th August, 2010]

An Act further to amend the Industrial Disputes Act, 1947.

Be it enacted by Parliament in the Sixtieth Year of the Republic of India as

follows:-

1. (1) This Act may be called the Industrial Disputes (Amendment) Act, 2010.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

2. In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal

Act), in section 2, -.

(i) in clause (a),-

(a) in sub-clause (i), for the words “ major port, the Central Government,

and”, the words “major port, any company in which not less than fiftyone

per cent. of the paid-up share capital is held by the Central

Government, or any corporation, not being a corporation referred to in

this clause, established by or under any law made by Parliament, or the

Central public sector undertaking, subsidiary companies set up by the

principal undertaking and autonomous bodies owned or controlled by the

Central Government, the Central Government, and” shall be substituted

(b) for sub-clause (ii), the following sub-clause shall be substituted, namely:-

“(ii) in relation to any other industrial dispute , including the State public

sector undertaking, subsidiary companies set up by the principal

undertaking and autonomous bodies owned or controlled by the State

Government, the State Government:

Provided that in case of a dispute between a contractor and the contract

labour employed through the contractor in any industrial establishment

where such dispute first arose, the appropriate Government shall be the

Central Government or the State Government, as the case may be, which

has control over such industrial establishment.”;

(ii) in clause (s), in sub-clause (iv), for the words “one thousand six hundred

rupees”, the words “ten thousand rupees” shall be substituted.

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).”

4. In section 7 of the principal Act, in sub-section (3), after clause (e), the

following clauses shall be inserted, namely:-

“(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint

Commissioner of the State Labour Department , having a degree in law and at

least seven years' experience in the labour department after having acquired

degree in law including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour

Commissioner shall be appointed unless he resigns from the service of the

Central Government or State Government, as the case may be, before being

appointed as the presiding officer; or

(g) he is an officer of Indian Legal Service in Grade III with three years'

experience in the grade.”

5. In section 7A of the principal Act, in sub-section (3), after clause (aa), the

following clauses shall be inserted, namely:-

“(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint

Commissioner of the State Labour Department, having a degree in law and at

least seven years' experience in the labour department after having acquired

degree in law including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour

Commissioner shall be appointed unless he resigns from the service of the

Central Government or State Government, as the case may he, before being

appointed as the presiding officer; or

(c) he is an officer of Indian Legal Service in Grade III with three years'

experience in the grade.”

6. After section 9B of the principal Act, for chapter IIB, the following Chapter

shall be substituted, namely:-

“CHAPTER IIB

GRIEVANCE REDRESSAL MACHINERY

9C. (l) 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

forty-five 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.

(8) Nothing contained in this section shall apply to the workmen for whom there

is an established Grievance Redressal Mechanism in the establishment

concerned.”

7. In section 11 of the principal Act, after sub-section (8), the following subsections

shall be inserted, namely:-

“(9) Every award made, order issued or settlement arrived at by or before Labour

Court or Tribunal or National Tribunal shall be executed in accordance with the

procedure laid down for execution of orders and decree of a Civil Court under

order 21 of the Code of Civil Procedure , 1908.

(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall

transmit any award, order or settlement to a Civil Court having jurisdiction and

such Civil Court shall execute the award, order or settlement as if it were a

decree passed by it.”

8. In section 38 of the principal Act, in sub-section (2),-

(i) clause (ab) shall be omitted;

(ii) for clause (c), the following clause shall be substituted, namely:-

“(c) the salaries and allowances and the terms and conditions for appointment of

the presiding officers of the Labour Court, Tribunal and the National Tribunal

including the allowances admissible to members of Courts, Boards and to

assessors and witnesses;”.