The Industrial Dispute Act, 1947
The Industrial Dispute Act, 1947
Notice of change
Notice of change in conditions of service (chapter 11-A, sec 9-A and 9-B) Conditions of service means the term of employment between the employer and the employees governed byThe contract between the empolyer and the employee The statute law The decision of the courts Standing orders The custom and usage of trade
Notice of change
According to sec 9-A,no employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in fourth schedule shall effect such change. Fourth schedule :Conditions of service for change of which notice is to be given as Wages, including the period and mode of payment Contribution paid or payable by the employer
otherwise than in accordance with standing orders Classification by grades Withdrawal of any customary concession or privillege or change to usage Introduction of new rules of disciplin
of plan or technique Any increase or reduction in the no.of persons employed in any occupation
for setting up of grievance settlement authorities and reference of individual disputes to such authorities The employer in relation to every industrial establishment in which 50 or more workman are employed or have been employed on any day in the preceding 12 months Set up,in accordance with the rules made in this behalf in this act, a grievance settlement authority for the settlement of industrial disputes connected with an individual workman
workman arises in an establishment a workman of which such work man is a member, refer such dispute to the grievance settlement authority setup by the employer for settlement. No reference shall be made with respect to any dispute revered to in this section unless such dispute has been referred to the grievance settlement authority concerned
not acceptable to any of the parties to the dispute. The object of setting up grievance settlement authority is to experiment a new mode for redress of individual disputes. It has been made obligatory for an industrial establishment employing 50 or more workmen to setup a time bound grievance redress procedure.
national tribunal Where a dispute relates to any matter specified in the second schedule, it shall be referred to a labour court for adjudication In case of dispute relating to the 3rd schedule, reference can be also be made to a labour court provided it is not likely to affect more than 100 workman.
Tribunals ,however, have the power to adjudicate all the disputes relating to any matter specified in the 2nd schedule or 3rd schedule. Incase of industrial disputes of national importance or affecting establishments situated in more than one state Reference of dispute may be made to the national tribunal for adjudication by central government.
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