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    Section 9C in The Industrial Disputes Act, 1947

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    SAURABH SINGH
    1. Section 10 of the Industrial Disputes Act allows the appropriate government to refer industrial disputes or matters related to disputes to various bodies depending on the nature and scope of the dispute. 2. The appropriate government can refer disputes to boards for promoting settlement, courts for inquiry, labour courts for adjudication if concerning matters in the Second Schedule, or tribunals for adjudication concerning matters in the Second or Third Schedule. 3. For disputes concerning public utility services where a notice has been given under Section 22, the appropriate government must refer to an authority unless the notice was frivolous or vexatious.

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    Section 9C in The Industrial Disputes Act, 1947

    Uploaded by

    SAURABH SINGH
    58 views3 pages
    1. Section 10 of the Industrial Disputes Act allows the appropriate government to refer industrial disputes or matters related to disputes to various bodies depending on the nature and scope of the dispute. 2. The appropriate government can refer disputes to boards for promoting settlement, courts for inquiry, labour courts for adjudication if concerning matters in the Second Schedule, or tribunals for adjudication concerning matters in the Second or Third Schedule. 3. For disputes concerning public utility services where a notice has been given under Section 22, the appropriate government must refer to an authority unless the notice was frivolous or vexatious.

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    9A_9C_10

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    1. Section 10 of the Industrial Disputes Act allows the appropriate government to refer industrial disputes or matters related to disputes to various bodies depending on the nature and scope of the dispute. 2. The appropriate government can refer disputes to boards for promoting settlement, courts for inquiry, labour courts for adjudication if concerning matters in the Second Schedule, or tribunals for adjudication concerning matters in the Second or Third Schedule. 3. For disputes concerning public utility services where a notice has been given under Section 22, the appropriate government must refer to an authority unless the notice was frivolous or vexatious.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    58 views3 pages

    Section 9C in The Industrial Disputes Act, 1947

    Uploaded by

    SAURABH SINGH
    1. Section 10 of the Industrial Disputes Act allows the appropriate government to refer industrial disputes or matters related to disputes to various bodies depending on the nature and scope of the dispute. 2. The appropriate government can refer disputes to boards for promoting settlement, courts for inquiry, labour courts for adjudication if concerning matters in the Second Schedule, or tribunals for adjudication concerning matters in the Second or Third Schedule. 3. For disputes concerning public utility services where a notice has been given under Section 22, the appropriate government must refer to an authority unless the notice was frivolous or vexatious.

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    © All Rights Reserved
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    Section 9C in The Industrial Disputes Act, 1947

    9C. Setting up of Grievance Settlement Authorities and reference of certain individual


    disputes to such authorities.-
    (1) The employer in relation to every industrial establishment in which fifty or more
    workmen are employed or have been employed on any day in the preceding twelve
    months, shall provide for, in accordance with the rules made in that behalf under this Act,
    a Grievance Settlement Authority for the settlement of industrial disputes connected with
    an individual workman employed in the establishment.
    (2) Where an industrial dispute connected with an individual workman arises in an
    establishment referred to in sub- section (1), a workman or any trade union of workmen
    of which such workman is a member, refer, in such manner as may be prescribed such
    dispute to the Grievance Settlement Authority provided for by the employer under that
    sub- section for settlement.
    (3) The Grievance Settlement Authority referred to in sub- section (1) shall follow such
    procedure and complete its proceedings within such period as may be prescribed.
    (4) No reference shall be made under Chapter III with respect to any dispute referred to in
    this section unless such dispute has been referred to the Grievance Settlement Authority
    concerned and the decision of the Grievance Settlement Authority is not acceptable to any
    of the parties to the dispute

    Interpretation

    1. The employer ,where there are more than 50 workmen given ,they are employed
    on any day in the preceding 12 months ,shall resolve the dispute with the
    individual by providing a Grievance Settlement Authority
    2. The authority should follow all the procedure and proceedings within period as
    prescribed

    9A
    Section 9A in The Industrial Disputes Act, 1947
    9A. Notice of change.- No employer, who proposes to effect any change in the
    conditions of service applicable to any workman in respect of any matter specified in the
    Fourth Schedule, shall effect such change,--
    (a) without giving to the workmen likely to be affected by such change a notice in the
    prescribed manner of the nature of the change proposed to be effected; or
    1. Subs. by Act 36 of 1956, s. 5, for ss. 8 and 9 (w. e. f. 10- 3- 1957 ). 2. Ins. by s. 6, ibid. (w. e. f. 10- 3- 1957 ).

    (b) within twenty- one days of giving such notice: Provided that no notice shall be
    required for effecting any such change--
    (a) where the change is effected in pursuance of any 1 settlement or award]; or
    (b) where the workmen likely to be affected by the change are persons to whom the
    Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal)
    Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service
    Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or
    the Indian Railway Establishment Code or any other rules or regulations that may be
    notified in this behalf by the appropriate Government in the Official Gazette, apply.

    INTERPRETATION

    the Fourth Schedule lists the following circumstances require notice of change:
    1. Wages, including the period and mode of payment
    2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the
    benefit of workers under any law for the time being in force
    3. Compensatory and other allowances
    4. Hours of work and rest intervals; leave with wages and holidays
    5. Starting, alteration or discontinuance of shift working otherwise than in accordance with
    standing orders
    6. Classification by grades
    7. Withdrawal of any customary concession or privilege or change in usage
    8. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they
    are provided in standing orders
    9. Rationalisation, standardisation, or improvement of plant or technique which is likely to lead to
    retrenchment of workers
    10. Any increases or reduction (other than casual) in the number of persons employed or to be
    employed in any occupation, process, department, or shift, not occasioned by circumstances
    over which the employer has no control.

    Sec 10

    Section 10 in The Industrial Disputes Act, 1947


    10. Reference of disputes to Boards, Courts or Tribunals.-
    (1) 3 Where the appropriate Government is of opinion that any industrial dispute exists
    or is apprehended, it may at any time], by order in writing,--
    (a) refer the dispute to a Board for promoting a settlement thereof; or
    1. Subs. by Act 46 of 1982, s. 6 (w. e. f. 21- 8- 1984 ). 2. Ins. by s. 7, ibid. (w. e. f..........). 3. Subs. by Act 18 of
    1952, s. 3, for" If any industrial dispute exists or is apprehended, the appropriate Government may".

    (b) refer any matter appearing to be connected with or relevant to the dispute to a


    Court for inquiry; or
    (c) 1 refer the dispute or any matter appearing to be connected with, or relevant to, the
    dispute, if it relates to any matter specified in the Second Schedule, to a Labour Court for
    adjudication; or
    (d) refer the dispute or any matter appearing to be connected with, or relevant to, the
    dispute, whether it relates to any matter specified, in the Second Schedule or the Third
    Schedule, to a Tribunal for adjudication: Provided that where the dispute relates to any
    matter specified in the Third Schedule and is not likely to affect more than one hundred
    workmen, the appropriate Government may, if it so thinks fit, make the reference to a
    Labour Court under clause (c):] 2 Provided further that] where the dispute relates to a
    public utility service and a notice under section 22 has been given, the appropriate
    Government shall, unless it considers that the notice has been frivolously or vexatiously
    given or that it would be inexpedient so to do, make a reference under this sub- section
    notwithstanding that any other proceedigns under this Act in respect of the dispute may
    have commenced: 3 Provided also that where the dispute in relation to which the Central
    Government is the appropriate Government, it shall be competent for that Government
    to refer the dispute to a Labour Court or an Industrial Tribunal, as the case may be,
    constituted by the State Government;]

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