ID Act (Amendment) 2010 Act repealed – Workman striped out of right to challenge termination directly to court

Workman striped out of right to challenge termination directly to court
Such workman in case of individual dispute has to file claim within time limit period of three years. Earlier there was no such limitation period prescribed under the ID Act. Labour Court/Industrial Tribunal are also empowered to adjudicate upon the dispute raised the workman directly as if it was referred by appropriate Government.

Industrial Disputes Act 1947 is a comprehensive code having provisions for the investigations, resolutions/ settlement and adjudication of disputes between employer and workmen. The objective of this law is to secure industrial peace and harmony by providing a mechanism through Appropriate Govt. for the investigation and settlement of disputes or differences through negotiations between employer and workman.

Under the Act, Industrial dispute is raised before the conciliation officer by registered trade union or significant number of workmen collectively. Individual workman has also been given right to raise his dispute of termination, retrenchment or discharge of his own without going to Union under Sec. 2-A of the Act. Till 2010 both kind of disputes raised before Conciliation officer if not resulted in to any settlement were sent to Govt. by Conciliation Officer with failure report on which after dure consideration, Appropriate Govt. used to send a reference of dispute to Labour Court/Industrial Tribunal for adjudication or refuse to refer the dispute in case it was of...

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Anil Kaushik

A Management thinker, Educator, Motivator, Guest Speaker of Management Institutes, Consultant, author of labour law books and President of Indian HR Forum, with about three decades of deep rooted understanding, Floor experience and research in HRM Area and Training has led many organizations to a path of productivity, performance and profits with business linked HR strategies.

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Anil Kaushik

A Management thinker, Educator, Motivator, Guest Speaker of Management Institutes, Consultant, author of labour law books and President of Indian HR Forum, with about three decades of deep rooted understanding, Floor experience and research in HRM Area and Training has led many organizations to a path of productivity, performance and profits with business linked HR strategies.

Oct. 2022 Issue

Diversity, Equity and Inclusion

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