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Employee Relations and Labour Laws
Submitted to: -
Professor Yogesh Chati
Diksha Juneja (141419)
Smita Pillai (143107)
Siddharth Chatterjee (153105)
Batch: MBA-FT ...view middle of the document...
Earlier the wage limit was Rs.1600/- per month in other states and Rs. 6,500 in Maharashtra.
The rest of the definition (i.e., or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, function mainly of a managerial nature) remains unchanged.
(iii) Grievance redressal machinery in an establishment having 20 or more workmen with one stage appeal to the employer has been provided.
(iv) In cases of retrenchment, discharge, dismissal or termination of services, the workman can directly apply to Labour Courts/Tribunals after expiry of 45 days from the date he has made the application for reinstatement to the conciliation officer. The outer limit to approach the Labour Court or the Industrial Tribunal is 3 years from the date of the dispute, termination, retrenchment etc.
The Government has amended the Industrial Disputes Act, 1947 vide the Industrial Disputes (Amendment) Act, 2010. The Act has been amended after a series of tri-partite consultations to do away with the ambiguity in the definition of Appropriate Government and series of Judgments of the Apex Court interpreting the definition differently.
The amended provisions have come into force vide Notification No.2278 (E) dated 15.9.2010. The amended Act provides for the following: -
The definition of term ‘Appropriate Government’ has been amplified which will eliminate all ambiguities in the interpretation of the definition of ‘appropriate Government’.
Wage ceiling of the workers working in a supervisory capacity has been enhanced from one thousand six hundred rupees per month to ten thousand rupees per month. The wage ceiling has been enhanced to be in consonance with the increase in wages of industrial workers and also to bring about parity with other labour laws like Employees State Insurance Act, 1948, Payment of Bonus Act, 1965 and Payment of Wages Act, 1936.
The amended Act provide direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of Section 2-A pertaining to retrenchment, discharge, dismissal or termination of services etc. Before the present amendment, such a dispute could be adjudicated by CGIT-cum LC only after a reference is made by the ‘appropriate Government’.
As a consequence of this amendment, the workman can directly approach the CGIT-cum-LC after filing his grievance before the conciliation machinery to resolve the issue within 45 days if the conciliation machinery fails to resolve the issue. There will be no need for him to approach the ‘appropriate Government’ for making a reference. This amendment has enabled the aggrieved workman to choose the alternative of adjudication for resolution of his dispute faster.
The amended Act provides to establish a Grievance Redressal Machinery (GRM) within industrial establishment having 20 or more workmen with one stage appeal at the head of the establishment for resolution of disputes...