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.