INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

A research paper submitted in partial fulfillment of the course Labour Law- I for
obtaining the degree B.B.A., LL.B. (Hons.) during the academic session: 2019-20

Submitted by:

Pragya, B.B.A., LL.B. (Hons.)

Roll: 2029

Submitted to:

Ms. Pallavi Shankar

Faculty of Labour Law- I

May, 2020

Chanakya National Law University,

Nyaya Nagar, Mithapur, Patna-800001, Biha

 DECLARATION

I Pragya, hereby declare that, the project work entitled, ‘Industrial Dispute Amendment Act,
2010’ submitted to CNLU, Patna is record of an original work done by me under the guidance
of, Faculty Member, CNLU, Patna.

Pragya

B.B.A., LL.B. (Hons.)

Roll No. – 2029

4th Semester

I
 ACKNOWLEDGEMENTS

First and foremost, I would like to thanks my Faculty of Labour Law- I, Ms. Pallavi Shankar, for
giving the opportunity to work on this project named – ‘Industrial Dispute Amendment Act,
2010’. Her guidance and support has been instrumental while making my project on this topic.

I would like to all authors, writers and columnists whose ideas and works have been made use in
my Project. My heartfelt gratitude also goes to all staff and administration of CNLU for the
infrastructure in the form of library that was a great source of help in completion of this Project.

I also thank my friends for their precious inputs which have been very useful in the completion
of this Project. I would also like to thank my parents, my seniors, dear colleagues, and friends in
the University, who have helped me with ideas about this work.

I hope you will appreciate my true work which is indeed a hard work and a result of my true
research and work.

Pragya

B.B.A. LL.B. (Hons.)

Roll No. – 2029

4th Semester

II
 TABLE OF CONTENT

DECLARATION………………………...………………………………………………………. I
ACKNOWLEDGMENT………………………………………………………………………… II

1. INTRODUCTION...................................................................................................................1

2. RESEARCH METHODOLOGY............................................................................................2

3. HISTORICAL BACKGROUND: INDUSTRIAL DISPUTE ACT, 1947..............................3

3.1. CONSTITUTIONAL PROVISIONS...............................................................................4

3.2. LABOUR POLICY IN INDIA.........................................................................................6

4. INDUSTRIAL DISPUTE AMENDMENT ACT, 2010...........................................................8

4.1. BILL SUMMARY: INDUSTRIAL DISPUTE (AMENDMENT) BILL.........................8

4.2. SIGNIFICANT CHANGES BROUGHT BY THE ACT OF 2010................................10

5. EFFECT OF THE CHANGES BROUGHT BY THE AMENDMENT ACT OF 2010.......13

6. RELATED CASE LAWS......................................................................................................16

7. CONCLUSION AND SUGGESTIONS................................................................................19

 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

1. INTRODUCTION

Labour law also known as employment law is the body of laws, administrative rulings, and
precedents which address the legal rights of, and restrictions on, working people and their
organizations. As such, it mediates many aspects of the relationship between trade unions,
employers and employees. In other words, Labour law defines the rights and obligations as
workers, union members and employers in the workplace.  Generally, labour law covers:
 Industrial relations – certification of unions, labour‐management relations, collective
bargaining and unfair labour practices;
 Workplace health and safety;
 Employment standards, including general holidays, annual leave, working hours, unfair
dismissals, minimum wage, layoff procedures and severance pay.
There are two broad categories of labour law. First, collective labour law relates to the tripartite
relationship between employee, employer and union. Second, individual labour law concerns
employees' rights at work and through the contract for work. 
The labour movement has been instrumental in the enacting of laws protecting labour rights in
the 19th and 20th centuries. Labour rights have been integral to the social and economic
development since the industrial revolution.

1
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

There are two types of causes of industrial

disputes viz., economic and non-economic
causes.
The economic causes include issues
related wages, bonus, allowances and
other importance
matters which affect the interest of the
workers, viz., victimization of the
workmen, denial of
the recognition of workers union, denial
of workers’ rights and privileges, anti-
workers policy,
lack of communication between the
management and the workers, excessive
workload,
inadequate welfare facilities and lack of
definite wage policy which affect the
workers both

2
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

directly and indirectly leads to confusion,

hat redness, opposing and distrust the
management.
The non economic factors will include
victimization of workers, ill treatment by
staff members,
sympathetic strikes, political factors,
workers indiscipline etc
There are two types of causes of industrial
disputes viz., economic and non-economic
causes.
The economic causes include issues
related wages, bonus, allowances and
other importance
matters which affect the interest of the
workers, viz., victimization of the
workmen, denial of
the recognition of workers union, denial
of workers’ rights and privileges, anti-
workers policy,
3
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

lack of communication between the

management and the workers, excessive
workload,
inadequate welfare facilities and lack of
definite wage policy which affect the
workers both
directly and indirectly leads to confusion,
hat redness, opposing and distrust the
management.
The non economic factors will include
victimization of workers, ill treatment by
staff members,
sympathetic strikes, political factors,
workers indiscipline etc
There are two types of causes of industrial
disputes viz., economic and non-economic
causes.
The economic causes include issues
related wages, bonus, allowances and
other importance
4
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

matters which affect the interest of the

workers, viz., victimization of the
workmen, denial of
the recognition of workers union, denial
of workers’ rights and privileges, anti-
workers policy,
lack of communication between the
management and the workers, excessive
workload,
inadequate welfare facilities and lack of
definite wage policy which affect the
workers both
directly and indirectly leads to confusion,
hat redness, opposing and distrust the
management.
The non economic factors will include
victimization of workers, ill treatment by
staff members,
sympathetic strikes, political factors,
workers indiscipline
5
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

2. RESEARCH METHODOLOGY

This study is mainly based on secondary data. The data are collected from various sources
including books, journals, articles, research studies, various websites and newspaper articles.
This study focuses on the significant changes brought by the Industrial Dispute Amendment Act,
2010. The study is descriptive and conceptual in nature.

RESEARCH OBJECTIVES

The researcher has the following objectives:

1. Discuss the situation before and reasons for the amendment.

2. Discuss the fundamental changes brought by the amendment.

HYPOTHESES

There are following hypotheses:

1. The amendment has simplified the Act.

2. The amendment is a good relief for the employees to sue their employer against
indiscriminate and illegal termination, dismissal or discharge.

AREA OF LIMITATION

Area of limitations – Every study has own limitation due to the limited time, lack of sufficient
financial sources and limited area of survey/study of the subject matter.

SOURCES OF DATA

The researcher has used both primary as well as secondary sources of data.

MODE OF CITATION

The researcher follows the Blue Book mode of citation.

6
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

3. HISTORICAL BACKGROUND: INDUSTRIAL DISPUTE

ACT, 1947.

Labour law arose due to the demands of workers for better conditions, the right to organize, and
the simultaneous demands of employers to restrict the powers of workers in many organizations
and to keep labour costs low. Employers' costs can increase due to workers organizing to win
higher wages, or by laws imposing costly requirements, such as health and safety or equal
opportunities conditions.1 Workers' organizations, such as trade unions, can also transcend purely
industrial disputes, and gain political power ‐ which some employers may oppose.2 The state of
labour law at any one time is therefore both the product of, and a component of, struggles
between different interests in society.

The first annual conference (referred to as the International Labour Conference, or ILC) began
on 29th   October 1919 in Washington DC and adopted the first six International Labour
Conventions, which dealt with hours of work in industry, unemployment, maternity protection,
night work for women, minimum age and night work for young persons in industry. The
prominent French socialist Albert Thomas became its first Director General. 3 The ILO became a
member of the United Nations system after the demise of the League in 1946.

The law relating to labour and employment is also known as Industrial law in India. The history
of labour legislation in India is interwoven with the history of British colonialism. The
industrial/labour legislations enacted by the British were primarily intended to protect the
interests of the British employers. Considerations of British political economy were naturally
paramount in shaping some of these early laws. 4 Thus came the Factories Act. It is well known
that Indian textile goods offered stiff competition to British textiles in the export market and
hence in order to make India labour costlier the Factories Act was first introduced in 1883
because of the pressure brought on the British parliament by the textile magnates of Manchester

1
Padhi P.K, Labour and Industrial Laws Paperback, New Delhi, 2012.
2
P.R.N. Sinha, Seema Priyadarshini Shekhar Indu Bala Sinha, Industrial Relations, Trade Unions and Labour
Legislation, Amazon Asia-Pacific Holding Private Ltd., New Delhi, 2015.
3
Available at, [Link]
recommendations/lang--en/[Link].
4
S. Mathur, Labour Policy and Industrial Relations in India, Ram Prasad and Sons, Agra, 1968.
7
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

and Lancashire. Thus India received the first stipulation of eight hours of work, the abolition of
child labour, and the restriction of women in night employment, and the introduction of overtime
wages for work beyond eight hours. While the impact of this measure was clearly welfarist the
real motivation was undoubtedly protectionist.

The earliest Indian statute to regulate the relationship between employer and his workmen was
the Trade Dispute Act, 1929 (Act 7 of 1929). Provisions were made in this Act for restraining the
rights of strike and lock out but no machinery was provided to take care of disputes.5

6
The original colonial legislation underwent substantial modifications in the post‐colonial era
because independent India called for a clear partnership between labour and capital. The content
of this partnership was unanimously approved in a tripartite conference in December 1947 in
which it was agreed that labour would be given a fair wage and fair working conditions and in
return capital would receive the fullest co‐operation of labour for uninterrupted production and
higher productivity as part of the strategy for national economic development and that all
concerned would observe a truce period of three years free from strikes and lockouts. Ultimately
the Industrial Disputes Act (the Act) brought into force on 01.04.1947 repealing the Trade
Disputes Act 1929 has since remained on statute book.

3.1. CONSTITUTIONAL PROVISIONS

The relevance of the dignity of human labour and the need for protecting and safeguarding the
interest of labour as human beings has been enshrined in Chapter‐III (Articles 16, 19, 23 & 24)
and Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line
with Fundamental Rights and Directive Principles of State Policy.

Labour is a concurrent subject in the Constitution of India implying that both the Union and the
state governments are competent to legislate on labour matters and administer the same. The
bulk of important legislative acts have been enacted by the Parliament.

Under the Constitution of India, Labour is a subject in the concurrent list where both the Central
and State Governments are competent to enact legislations. As a result , a large number of labour
5
Labour Bureau, India Labour Year Book , Ministry of Labour and Employment, Government of India, New Delhi,
2004.
6
S. Mishra, Modern Labour Laws and Industrial Relations, Deep and Deep Publications, NewDelhi, 1992.
8
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

laws have been enacted catering to different aspects of labour namely, occupational health,
safety, employment, training of apprentices, fixation, review and revision of minimum wages,
mode of payment of wages, payment of compensation to workmen who suffer injuries as a result
of accidents or causing death or disablement, bonded labour, contract labour, women labour and
child labour, resolution and adjudication of industrial disputes, provision of social security such
as provident fund, employees’ state insurance, gratuity, provision for payment of bonus,
regulating the working conditions of certain specific categories of workmen such as plantation
labour, beedi workers etc.

UNION LIST CONCURRENT LIST

1. Entry No. 55: Regulation of labour and Entry No. 22: Trade Unions, Industrial and
safety in mines and oil fields Labour Disputes.
2. Entry No. 61: Industrial disputes Entry No. 23: Social Security and Insurance;
concerning Union employees. Employment and Unemployment.
3. Entry No. 65: Union agencies and Entry No. 24: Welfare of about including
institutions for, “Vocational Training”. condition of work, provident fund, employers
invalidity, old age pension and maternity
benefit.

The legislations can be categorized as follows:7

1) Labour laws enacted by the Central Government, where the Central Government has the
sole responsibility for enforcement.
2) Labour laws enacted by Central Government and enforced both by Central and State
Governments.
3) Labour laws enacted by Central Government and enforced by the State Governments.
4) Labour laws enacted and enforced by the various State Governments which apply to
respective States.

The Constitution of India provides detailed provisions for the rights of the citizens and also lays
down the Directive Principles of State Policy which set an aim to which the activities of the state
are to be guided.  These Directive Principles provide:8

7
Available at, [Link]
8
P.R.N. Sinha, Seema Priyadarshini Shekhar Indu Bala Sinha, Industrial Relations, Trade Unions and Labour
Legislation, Amazon Asia-Pacific Holding Private Ltd., New Delhi, 2015.
9
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

a. for securing the health and strength of employees, men and women;  
b. that the tender age of children are not abused;  
c. that citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength;  
d. just and humane conditions of work and maternity relief are provided; and
e. That the Government shall take steps, by suitable legislation or in any other way,
to secure the participation of employee in the management of undertakings,
establishments or other organisations engaged in any industry.  

3.2. LABOUR POLICY IN INDIA

Labour policy in India has been evolving in response to specific needs of the situation to suit
requirements of planned economic development and social justice and has two fold objectives,
namely maintaining industrial peace and promoting the welfare of labour and can be described
as:9

 Creative measures to attract public and private investment.

 Creating new jobs
 New Social security schemes for workers in the unorganized sector. ¾ Social security
cards for workers.
 Unified and beneficial management of funds of Welfare Boards.
 Reprioritization of allocation of funds to benefit vulnerable workers. ¾ Model employee‐
employer relationships.  
 Long term settlements based on productivity.  
 Vital industries and establishments declared as `public utilities`.
 Special conciliation mechanism for projects with investments of Rs.150 crores or more.  
 Industrial Relations committees in more sectors.
 Labour Law reforms in tune with the times. Empowered body of experts to suggest
required changes.
 Statutory amendments for expediting and streamlining the mechanism of Labour
Judiciary.  
9
S.N. Mishra, Labour and Industrial Laws, Central Law Publications, Allahabad, 26th edition, 2011.
10
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

 Amendments to Industrial Disputes Act in tune with the times.   ¾ Efficient functioning
of Labour Department.
 More labour sectors under Minimum Wages Act.
 Child labour act to be aggressively enforced.  
 Modern medical facilities for workers.
 Rehabilitation packages for displaced workers.  
 Restructuring in functioning of employment exchanges. Computerization and updating of
data base.  
 Revamping of curriculum and course content in industrial training.
 Joint cell of labour department and industries department to study changes in laws and
rules.

4. INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

The Industrial Dispute Act, 1947 is considered as one among the foundation legislations related

to workplace relations in India. While a section hails the act for the protection it provides, other
talk about the Industrial Dispute Act as a road block in the way of progress. The act has been
amended many times. The latest amendment i.e. the Industrial Disputes (Amendment) Bill, 2010

11
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

has been passed by the Rajya Sabha on August 3, 2010. It has been already approved by the Lok
Sabha. Few modifications that were proposed by the Parliamentary Standing Committee on
Labour were included. The initial bill was referred to the Standing Committee on February 26,
2009. The suggestions of the committee were considered by government and some of the
recommendations we included for the amendments proposed in the Bill. The amendment
proposals were finalized mainly on the issues on which consensus were arrived at.

4.1. BILL SUMMARY: INDUSTRIAL DISPUTE (AMENDMENT)

BILL.

The Industrial Disputes (Amendment) Bill, 2009, was introduced in the Rajya Sabha on February
26, 2009 by the Minister of Labour and Employment Shri Oscar Fernandes. The Bill was passed
by the Lok Sabha on August 10, 2010 and the Rajya Sabha on August 3, 2010.ƒ10

1. The Bill amends the Industrial Disputes Act, 1947. The Act provides for settlement of
disputes between workers and management.

2. Persons who are employed in a supervisory capacity and draw more than Rs 1,600 per
month are excluded from the purview of the Act. The Bill raises this ceiling to Rs
10,000 per month.

3. Depending on the type of institution involved in an industrial dispute, either the central or
the state government is given powers to administer various provisions of the Act. The
Bill expands the list of institutions for which disputes will be administered by the central
government to include: (a) companies where 51% or more of shares are held by
the central government, (b) central public sector undertakings or their subsidiaries (c)
corporations set up under a law made by Parliament and (d) autonomous bodies owned or
controlled by the central government.

4. The Bill specifies that state governments shall administer disputes in state public sector
undertakings or their subsidiaries. State governments shall also administer disputes in
autonomous bodies owned or controlled by them.

10
Available at, [Link]
12
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

5. Under the Act, a worker whose services were terminated can complain to the
government, which may refer the case to a court or tribunal. The Bill allows a workman
to directly approach the court or tribunal three months after filing such a complaint. An
application to the court or tribunal must be made within three years of termination of
service. 
6. The Bill requires all industrial establishments with more than 20 workmen, to set up one
or more grievance redressal committees to resolve grievances of individual workmen. ƒ

7. The committee shall consist of up to six members with equal representation from the
employer and the workmen, with adequate representation for women. The chairperson
shall be appointed alternately by the employer or from amongst the workmen every year. 

8. The committee must reach a decision on any complaint within 45 days. Workmen can
appeal against the decision to the employer, who has a month to respond. 

9. The existence of such a committee does not affect the rights available to workmen under
other provisions of the Act.

10. The Bill broadens the scope of qualifications required for presiding officers of courts or
tribunals established under the Act. Such officers can now include those who (a) have
been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner, with a
degree in law, and at least seven years experience in the Labour Department, including
three years as a conciliation officer, or (b) have been an officer of the Indian Legal
Service with three years experience in Grade III.11

11. All awards or settlements made by labour courts or tribunals shall be executed by the
relevant civil court according to the Code of Civil Procedure. 

4.2. SIGNIFICANT CHANGES BROUGHT BY THE ACT OF 2010

The Industrial Disputes (Amendment Act), 2010 have brought few significant changes to the
Industrial Disputes Act, which are produced under the following headings:

11
Labour Bureau, India Labour Year Book , Ministry of Labour and Employment, Government of India, New Delhi,
2004.
13
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

1. DISMISSAL, DISCHARGE, TERMINATION AND RETRENCHMENT

By the Amendment Act, 2010, by inserting sub-section (2) to the section 2-A, a provision has
been made for the workman/employee to make an application direct to the Labour Court or
Tribunal for adjudication of the disputes relating to or arising out of discharge, dismissal,
retrenchment or termination, after the expiry of the forty-five days from the date he has made the
application to the conciliation officer of the appropriate Government for conciliation of the
dispute.12

On receipt of the 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 the I.D Act (in short for, Industrial Disputes Act, 1947) and
all the provisions of the Act shall apply in relation to such adjudication.13

A new sub-section (3) has been inserted to section 2-A, which clearly provides that the
applications referred above shall be made to the Labour Court or Tribunal before expiry of three
years from the date of discharge, dismissal, retrenchment or termination as the case may be.

2. ENHANCEMENT OF WAGE CEILING

The Industrial Disputes (Amendment Act), 2010, brought amendment to section 2 sub-sections
(s) by enhancing the wage ceiling from rupees one thousand six hundred to ten thousand.14

The exclusion is where the workmen employed in a supervisory capacity, draws wages
exceeding ten thousand rupees per mensem or exercises, either by the nature of the duties
attached to the office or by reason of the powers vested in him, functions mainly of a managerial
nature.

3. GREIVANCE REDRESSAL MECHANISM

12
Available at, [Link]
13
S.N. Mishra, Labour and Industrial Laws, Central Law Publications, Allahabad, 26th edition, 2011.
14
Available at, [Link]
14
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

The Industrial Disputes (Amendment Act), 2010 had substituted a new chapter for chapter II-B.

The Amendment provides that every industrial establishment employing twenty or more
workmen shall have one or more grievance redressal committed for the resolution of disputes
arising out of individual grievances.15

1. The Grievance Redressal Committee shall consist of equal number of members from the
employer and the workmen.
2. The chairperson of the Grievance Redressal Committee shall be selected from the
employer and from among the workmen alternatively on rotation basis every year.
3. The total number of members of the Grievance Redressal Committee shall not exceed
more than six.
4. Provided that there shall be, as far as practicable, one woman member if the Grievance
Redressal Committee has two members and in case the numbers 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 arise industrial dispute on the
same matter under the provisions of this Act.
6. The Grievance Redressal Committee may complete its proceedings within thirty 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 of 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.

4. EXECUTION OF AWARD, DECREE AND SETTLEMENT

15
P.R.N. Sinha, Seema Priyadarshini Shekhar Indu Bala Sinha, Industrial Relations, Amazon Asia-Pacific Holding
Private Ltd., New Delhi, 2015.
15
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

The Industrial Disputes (Amendment Act), 2010, has inserted two new sub-sections (9) and (10)
after sub-section (8) of the Principal Act, which provides the following:16

Every order, award or settlement arrived before Labour Court or Tribunal or National Tribunal,
as the case may be, shall be executed by Civil Court having jurisdiction 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, 1908.17

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 the Civil Court shall execute the
award, order or settlement as if it were a decree passed by it.18

5. EFFECT OF THE CHANGES BROUGHT BY THE

AMENDMENT ACT OF 2010.

The Industrial Dispute Amendment Act, 2010 brought about significance changes in the labour
laws of India. The effects of these changes are as follows:

1. DISMISSAL, DISCHARGE, TERMINATION AND RETRENCHMENT

The amendment is a good relief for employees to sue employers directly against indiscriminate
and illegal termination, discharge and dismissal. It will increase number of litigations from
employees against the employers.

16
Available at, [Link]
17
S.N. Mishra, Labour and Industrial Laws, Central Law Publications, Allahabad, 26th edition, 2011.
18
Ibid.
16
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

It is important to mention here that few states had made such provisions even before the
aforesaid amendments, by making amendments to section 10 of the I.D Act. For Instance
Karnataka has a similar provision by inserting sub section 4-A after section 10 sub (4), which
provides that the disputes related to discharge, dismissal, retrenchment or termination, the
individual workman may, within six months for the date of communication to him the order of
discharge, dismissal, retrenchment or termination, apply in prescribed manner, to the Labour
Court for adjudication of the dispute. Even Delhi state had similar amendments.19

The employers in order to protect and defend the unwanted litigations must have strong internal
dispute redressal mechanism, should have a good approach while recruiting and pro-employee
policies and strong Labour/H.R compliances.  

2. ENHANCEMENT OF WAGE CEILING

Shall have the effect of amending definition of workman, which means any person (including an
apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational,
clerical or supervisory work for hire or reward, whether the terms of employment be express or
implied, but for the purpose of proceedings related to dismiss, discharge, or retrench, but does
not include20 the following person:

A. Persons subject to Air force, Army and Navy Act.

B. Employed in police service or of a prison. 

C. Employed mainly in a managerial or administrative capacity.

D. Employed in a supervisory capacity and draws wages exceeding ten thousand rupees.

The amendment has the effect of including more employees/workmen under the definition of
“workman” of the I.D Act.

3. GREIVANCE REDRESSAL MECHANISM21

19
G. M. Kothari and A. G. Kothari, A Study of Industrial Law, Vols. 1 and 2, N. M. Tripathi Private Limited,
Bombay, 4thedition, 2017.
20
Ibid.
21
P.R.N. Sinha, Seema Priyadarshini Shekhar Indu Bala Sinha, Industrial Relations, Amazon Asia-Pacific Holding
Private Ltd., New Delhi, 2015.
17
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

Grievance Redressal Committee or the Grievance Redressal Mechanism is a great support in

systematic resolution of disputes.

To ensure a strong and legally complied Grievance Redressal Committee or Mechanism is

formed in the organization or Company.

There is an appeal provision to the employer, the employer decision, compliance, reasoning skill
and dispute resolution skill will be a great help for the Company in resolving disputes and
preventing litigations.

The Grievance Redressal Committee or Mechanism can also be an effective tool or system to
resolve the workman/employee disputes.

The Grievance Redressal Committee or Mechanism cannot prevent or affect the right of the
workman to arise industrial dispute on the same matter under the provisions of this I. D Act.

4. EXECUTION OF AWARD, DECREE AND SETTLEMENT

The amendment as brought a clear and fast mechanism for execution of the award, order or
settlement made before Labour Court or Tribunal or National Tribunal.

Failing to comply with the award, order or settlement will lead to attachment of property, sale,
warrants and other mode of execution from Civil Courts.

18
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

6. RELATED CASE LAWS

1. Raijibhai Bhikhabhai Parmar vs. Indian Petrochemicals Corporation Limited &

Ors.22

It was held that the amended provisions of Section 2A (2) and (3) of the Act does not
repeal Section 10 of the Act and thereby even after the said amendment also, Section 10 remains
in the statute book and Section 10 is not struck off by the framer / author of the statute from the
statute book. Therefore, it is an error on the part of the Labour Court in holding that as the
amended provisions of Section 2A(2) begins with the words "notwithstanding anything
contained in Section 10", the petitioner - workmen cannot approach for raising the Industrial
Dispute under Section 10 in view of the said no obstinate clause of amended provisions. It is the
submission of the petitioner that the amended provision of Section 2A (2) does not take away the
remedy available under Section 10 of the Act.

It is also held that, because of no obstinate clause in amended provisions of Section 2A(2), the
overriding effect over Section 10 would be to the extent that, the workmen, who were under the
inclined circumstances before the amendment, can raise an industrial dispute for Reference to the
Labour / Industrial Court for adjudication only through the State Government under Section 10.
Now after the amendment, the employee can directly approach the Labour Court / Industrial
Tribunal by submitting an application and the Labour Court / Industrial Tribunal should deal

22
AIR 2016 GUJ 483.
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 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

with the said industrial dispute as referred by the State Government under Section 10 of the I.D.
Act. Thus compulsion to avail the remedy under Section 10 has been now made voluntary and it
is for the suitor to select either to avail the remedy under Section 10 of the Act.

2. Ravikumar vs The Management23

It was held that Section 2A (1) was already available in the Act even before the date of
amendment in Section 2A. Sub-section (2) and (3) of Sub-section 2A have been inserted by way
of amendment with effect from 18.08.2010. By the amendment, the right of individual workman
prevailing before the date of amendment cannot be snatched away, unless the amended
provisions specifically state that the individual workman can raise industrial disputes only before
the Labour Court and cannot raise the dispute under Section 10 of the Act. Since the legislative
enactment is meant for the benefit of the workmen, the amended provisions of Section
2A(2) and Section 2A(3) should not be interpreted against the interest of the workman. The
second respondent failed to consider the position that the relief under the Industrial Disputes
Act cannot be denied to the workman merely on the ground of delay. The second respondent
ought not to have concluded that there would be implied repeal of Section 10 by the amended
provisions of Section 2A(2) of the Industrial Disputes Act.

3. Rohit N Vasawda vs. Indian Farmers Fertilizers [Link]. Ltd.24

The Ho’nable Court gave the following directions:

(1)' The Labour Commissioner, who is ex-officio Member of the State Board constituted under
the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and the Rules there
under, is the authority in charge of the Inspecting Staff contemplated under Section 28 of the
Act. It is his primary duty to see to the administration and implementation of the Act and the
Rules. In the light of the facts, disclosed in this case, it is his first duty now to be on the look out
to locate and to identify. The unlicensed contractors engaged in the work of contract labour.
Once they are located, that, must be followed up by seeing that there is strict enforcement of and
compliance with tbe provisions of the Act and the Rules in regard to them so that such a
phenomenon does not work to the prejudice of the workmen employed by them.
23
2017 -2-L.W.(Crl) 721
24
AIR 1984 Guj 102, (1983) 2 GLR 1529.
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 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

(2) The list of such unlicensed contractors may be prepared quarterly and such lists be
scrutinized properly from time-to-time by the Labour Commissioner for the information of this
Court and to assure compliance, copy of such lists be furnished to this Court for four quarters.

(3) The, Labour Commissioner is directed to see that there is periodical inspection in respect of
all licensed contractors. Periodical returns must be sent by the Inspecting Staff to the Labour
Commissioner relating to cases where there has been serious non-compliance with the provisions
of the Act. The Commissioner shall also see to follow up action based on such reports.

(4) In order to gear up the inspection machinery, it is necessary that there should be surprise
check inspections by the Labour Commissioner or by some high officer of the Labour
Department authorized by him and the result of such inspection should be assessed, particularly
with a view to see whether the Inspecting Staff has been efficient in its functioning.

(5) We must in this context alert the Labour Commissioner to the elaborate provisions in the Act
and the Rules which have been dealt with herein to bring to his notice that if compliance with
these Rules are made by all licensed contractors, there would be no scope for objection on the
part of contract labour and, therefore, he should act to instruct subordinates so as, to effect strict
enforcement of these rules against the licensed as well as unlicensed contractors.

21
 INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

7. CONCLUSION AND SUGGESTIONS

The research concludes that the law relating to labour and employment is also known as
Industrial law in India. The history of labour legislation in India is interwoven with the history of
British colonialism. The Industrial Dispute Act, 1947 is considered as one among the foundation
legislations related to workplace relations in India. While a section hails the act for the protection
it provides, other talk about the Industrial Dispute Act as a road block in the way of progress.
The act has been amended many times. The latest amendment is the Industrial Disputes
Amendment Act, 2010. It has brought significant changes in the act regarding: (1) Discharge,
dismissal, termination or retrenchment by inserting sub-section (2) to the section 2-A, (2)
Enhancement of wage ceiling, (3) Grievance Redressal Committee or the Grievance Redressal
Mechanism is a great support in systematic resolution of disputes, (4) Execution of the award,
order or settlement as the amendment has brought a clear and fast mechanism for execution of
the award, order or settlement made before Labour Court or Tribunal or National Tribunal.

22
 BIBLIOGRAPHY

BOOKS REFERRED

 Padhi P.K, Labour and Industrial Laws Paperback, New Delhi, 2012.

 P.R.N. Sinha, Seema Priyadarshini Shekhar Indu Bala Sinha, Industrial Relations, Trade
Unions and Labour Legislation, Amazon Asia-Pacific Holding Private Ltd., New Delhi,
2015.
 S. Mathur, Labour Policy and Industrial Relations in India, Ram Prasad and Sons, Agra,
1968.
 S.N. Mishra, Modern Labour Laws and Industrial Relations, Deep and Deep
Publications, NewDelhi, 1992.

JOURNAL REFERRED

 G. M. Kothari and A. G. Kothari, A Study of Industrial Law, Vols. 1 and 2, N. M.

Tripathi Private Limited, Bombay, 4thedition, 2017.

WEBSITES VISITED

 [Link]
standards/conventions-and-recommendations/lang--en/[Link].
 [Link]
[Link].
 [Link]

CASE LAWS REFFERED

 AIR 1984 Guj 102, (1983) 2 GLR 1529.

 2017 -2-L.W.(Crl) 721
 AIR 2016 GUJ 483.