Impediments in Changes in Service Conditions: A Blessing in Disguise?

Impediments in Changes in Service Conditions: A Blessing in Disguise?
Hurdles of Sec. 9-A and Chapter V-B of I.D. Act and facing challenges in business due to open global market conditions and finding no support from Govt. in making suitable changes in Industrial Disputes Act, lead the Employers to accelerate the move towards "Collaborative Culture" and in fact, the Indian Industry has been witnessing, employee - employer relations going strong day by day.

We are very familiar and with adequate legal knowledge of the restrictive provisions under the Industrial Disputes Act, 1948, Sec.9 A and Chapter VB.

Ever since the adaptation of the Industrial Disputes Act in 1948 and even till date, these restrictive provisions still remain unamended in spite of several pleadings and representations to the Central Government every year.

It may not be out of place to mention “Contract” as defined under the Indian Contract Act, 1872. The “Service conditions” as stipulated in the letter of appointments/Service Rules/Standing Orders are deemed to be Terms of Contract under the Indian Contract Act 1872. Any change/alterations in the terms of contract must be mutually agreed & accepted for enforcement. Otherwise, the Contract will be Void.

This impediment is almost on the lines of Sec. 9A of the Industrial Disputes Act.

Let us examine the situation of industry and its impact on Industrial Relations in two important eras.

1. Post independence and pre-Economic Reforms in 1991.

2....

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K. Vittala Rao

is Legal & Management Consultant and author of Labour Law books.

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Author

K. Vittala Rao

is Legal & Management Consultant and author of Labour Law books.

March 2024

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