MINSITRY OF LABOUR AND EMPLOYMENT

THE INDUSTRIAL DISPUTES (AMENDEMENT) ACT, 2010 No. 24 OF 2010

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

Amendment to industrial disputes Act: 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 (Amendement) Act, 2010.

(2)It shall come into force on such date as the central Government may, by notification in the Official Gazette, appoint.

  1.  In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), in section2, -.

(i),in clause (a),-

(a) in sub-clause (i), for words “major port, the Central Government, and”, the words “major port, any company in which not less than fifty-one 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 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 (5), in sub clause (iv), for the words “ one thousand six hundred rupees”, the words “ten thousand rupees” shall be substituted.

  1. Section 2 A of the principal Act shall be numbered as sub-section (1) thereof and after sub-section(1) as so numbered, the following sub-sectins 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 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 o 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 Commisiioner (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 the 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.”

 

 

 

 

 

 

 

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