...INDUSTRIAL DISPUTES ACT AMENDED AFTER 26 YEARS _______________________________________________________________________ MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi , the 15th September, 2010 S.O. 2278(E).- In exercise of the powers conferred by sub-section (2) of Section 1 of the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), the Central Government hereby appoints the 15 th Day of September, 2010, as the date on which the said Act shall come into force. [F.No.S-11012/1/2007-IR(PL)] RAVI MATHUR, Addl. Secy. THE INDUSTRIAL DIPSUTES (AMENDMENT) ACT, 2010 No.24 OF 2010 [18 th August, 2010] An Act further to amend the Industrial Disputes Act, 1947. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:- 1. (1) This Act may be called the Industrial Disputes (Amendment) Act, 2010. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), in section 2, -. (i) in clause (a),- (a) in sub-clause (i), for the words “major port, the Central Government, and�, the words “major port, any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government , or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector...
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...FINAL PROJECT OF LABOUR LEGISLATIONS Submitted by:- Devina Asthana Khushboo Asthana Isha anand Neha soni Case on industrial disputes PETITIONER: ANAND BIHARI AND ORS. Vs. RESPONDENT: RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR THROUGH IT DATE OF JUDGMENT: 20/12/1990 BENCH: SAWANT, P.B. AGRAWAL, S.C. (J) CITATION: 1991 AIR 1003 1990 SCR Supl. (3) 622 1991 SCC (1) 731 JT 1990 (4) 794 1990 SCALE (2)1286 Summary - Corporation--Drivers--Occupational hazards Development of defective, weak or sub-normal eye-sight in the course of employment--Pre-mature termination of services--Held termination was not retrenchment and consequent compliance with section 25-F not necessary--But termination held unjustified and inequitable--Scheme formulated by the Supreme Court. For relief to drivers--Directions for giving retirement benefits, providing alternative jobs and payment of compensatory amount proportionate to length of service rendered by the drivers. Matter/facts - The termination of services of helper (in C.A.No. 1862) was unjustified and also illegal being in contravention of the provisions of Section 25-F of the Act. The High Court erred in treating his case on par with cases of other drivers. The appellant-workman will, therefore, be entitled to his retirement benefits as a driver from the date of his employment as a helper. He would further be entitled to be reinstated in service as a helper with all arrears...
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...Educational and Technological Stuff Visit... www.thecodexpert.com Lesson: 36 Title: One step further: Industrial disputes Topics to be covered: • • • • • • • Definition Parties to Industrial disputes Severity or Effects Weapons used by labour Weapons used by management Causes Living without disputes: Measures to improve Industrial Relations Today we are going to discuss the concept of Industrial Dispute. We will also be studying the severity of disputes, What is a dispute for you? It is a conflict, clash of ideas, a disagreement etc. New let us understand a dispute from an industrial point of view. The definition of Industrial disputes is as follows: According to Section 2(k) of the Industrial Disputes Act, 1947 "industrial dispute" is defined as, "Any disputes or differences between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person." Does this sound very confusing? Let me simplify this for you. Let us understand that the definition identifies three parties to disputes. They are: (i) Employers and Employers (ii) Employers and Workmen (iii) Workmen and Workmen For useful Documents like this and Lots of more Educational and Technological Stuff Visit... www.thecodexpert.com Industrial dispute is disagreement and difference between two disputants, namely, labour and management. This disagreement or...
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...Industrial Disputes Act, 1947 THE FIFTH SCHEDULE : Unfair Labour Practices [Section 2(ra)] I. ON THE PART OF EMPLOYERS AND TRADE UNIONS OF EMPLOYERS (1) To interfere with, restrain from, or coerce, workmen in the exercise of their right to organize, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say.- (a) threatening workmen with discharge or dismissal, if they join a trade union; (b) threatening a lock-out or closure, if a trade union is organized; (c) granting wage increase to workmen at crucial periods of trade union organization, with a view to undermining the efforts of the trade union at organization. (2) To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say, (a) an employer taking an active interest in organizing a trade union of his workmen; and (b) an employer showing partiality or granting favor to one of several trade unions attempting to organize his workmen or to its members, where such a trade union is not a recognized trade union. (3) To establish employer sponsored trade unions of workmen. (4) To encourage or discourage membership in any trade union by discriminating against any workman, that is to say, (a) discharging or punishing a workman, because he urged other workmen to join or organize a trade union; (b) discharging or dismissing...
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...The royal mail industrial dispute Two days of national strike action was taken in October 2009, supported by an overwhelming YES vote of three to one launched by Communication Workers Union (CWU). The dispute over pay, job securities and working conditions is still continuing although CWU has suspended strike to provide a period of calm for the Union and Royal Mail to negotiate a full and final agreement on the introduction of automation and relevant working practices. The strained relations of both sides reveal the sensitive and complicated employer-employee relationship. Since the employee plays a vital role in the management, how to deal with the mutual relationships and ease the contradictions in order to make the relations go on the track of sound progress becomes an urgent issue. Through the Royal Mail case, if Royal Mail had balanced the modernization, the redundancy of employees and stabilization, the strike action could have been prevented. Now, both sides have to face a long period of negotiation for the sake of mutual interests. The essay is writing to identify and analyze the relationship of both sides in order to get to the crux of this relation dispute. On behalf of employee’s right, the essay also puts forward a series of suggestions to find alternatives to defuse the contradiction and resolve the conflicts. Case Description The Royal Mail industrial dispute is a long-running dispute in the United Kingdom between Royal Mail and members of the Communication...
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...Research Paper Trade union negotiating officials’ use and non-use of e no use on-u Acas conciliation in industrial disputes s Ref: 07/10 2010 Clare Ruhemann (Labour Research Department) For any further information on this study, or other aspects of the Acas Research and Evaluation programme, please telephone 020 7210 3673 or email research@acas.org.uk Acas research publications can be found at www.acas.org.uk/researchpapers ISBN 978-0-9565931-4-6 Trade union negotiating officials’ use and non-use of Acas conciliation in industrial disputes October 2010 Labour Research Department Disclaimer The views in this report are the author’s own and do not necessarily reflect those of the Acas Council. Any errors or inaccuracies are the responsibility of the author alone. 2 Table of contents ACKNOWLEDGEMENTS.................................................................................. 4 EXECUTIVE SUMMARY .................................................................................. 5 1. INTRODUCTION....................................................................................... 7 1.1 Background..................................................................................7 1.2 Method........................................................................................7 Building a sample-frame of officials...........................................7 1.2.1 1.2.2 Development of hypotheses .......................................................
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...A legal dispute is a disagreement over the existence of a legal duty or right. Usually most legal disputes are resolved in a court of law. However, there are alternative methods of resolving legal disputes other than by a court. Such methods include Tribunals as well as Arbitration. There are different Tribunals which exist to resolve a variety of disputes. Generally, a tribunal is known to be any person or institution with the authority to judge, to pass that particular judgment, or to determine claims or disputes. For example the industrial tribunal sits to dertermine statutory employment law disputes such as wrongful dismissal, unfair dismissal and redundancy. However industrial tribunals serve to resolve many more disputes than these. These tribunals handle the majority of employment law disputes between employers and employees. Advantages | Disadvantages | Cheaper | Unfair imbalance between represented and unrepresented parties | Speedy, Informal and Flexible | The no-costs rule and lack of legal aid penalize poor litigants | Accessibility | May become complex over time | Freedom from technicality | May lack some of the perceived independence of the judiciary | Specialism | May result in ill founded claims | An Arbitration is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons, known as the arbitrators, arbiters or arbitral tribunal, by whose decision (the "award") they...
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... Diksha Juneja (141419) Smita Pillai (143107) Siddharth Chatterjee (153105) Batch: MBA-FT (2014-2016) Institute of Management, Nirma University Date of Submission: December 21, 2015 Introduction: This project is a review of various amendments in labour laws that have been done to make the labour laws more relevant with the needs of labour and society. The first Law is 1) Industrial Disputes Act (1947): (I)In the amendment to the Industrial Disputes Act, wherein the definition of a workman now includes a supervisor drawing a salary upto Rs. 10,000 p.m. and any person performing supervisory functions but being paid below Rs. 10,000 p.m. would be treated as workmen. In Maharashtra, where such workmen get protection of the MRTU & PULP Act, it means that termination of the supervisors can also become an industrial dispute and they would be workmen for all practical purposes. This is an important change, though many supervisors are paid in excess of Rs. 10,000/- this change is worthy of notice. i) The definition of ‘Appropriate Government’. ii) Has been amplified. (ii)While the definition of workmen remains the same, section 2(s) (IV) has been amended to exclude a person who is employed in a Supervisory capacity draws wages exceeding...
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...Code of Civil Procedure Assignment II “Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.” -Siddhesh S Pradhan -241 -Division C -BBA LLB Year 4 INTRODUCTION Jurisdiction means the power or authority of a Court of law to hear and determine a cause or matter.[1] It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding.[2] In Smt Ujjambai v. State of UP[3] it was stated that exclusion of jurisdiction means prevention or prohibition to the court not to entertain or try any matter though the dispute is civil in nature. Jurisdiction is a key question for the court which goes to the root of the case and decides the fate of a matter either at a preliminary stage or on merit. A division bench of the Supreme Court in Chandrabhai K. Bhoir v. Krishna A. Bhoir observed, “In any view of the matter, an order passed without jurisdiction would be a nullity. It will be a coram non judice. It is non est in the eye of law. Principles of res judicata would not apply to such cases.”[4] Thus, Jurisdiction of a Court means the extent of authority of a Court to administer justice prescribed with reference to the subject-matter, pecuniary value and local limits.[5] JURISDICTION OF CIVIL COURTS UNDER SECTION 9 of the CPC Section 9 of the Code of Civil Procedure 1908 states that, “The Court shall (subject to the provisions herein contained) have jurisdiction to try all suits of civil nature...
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...According to Karl Marx, conflict is an attribute of an enduring power struggle between the employer and the employees over the control of various aspect of work, nature of tasks, values and rate of remuneration. Industrial conflict occurs when employees express their dissatisfaction with management over the current state of the management-employee relationship. The causes of such dissatisfaction are typically matters related to regular wage payment, wage increase or remunerations according to terms of employment contract. Conflict may manifest in the form of peaceful bargaining and grievance handling of boycotts or restriction of output, sabotage and above all absenteeism which could be grouped into formal and inform. It should be noted that the absence of strikes does not imply or mean there is no industrial conflict because such conflict could be express latently or covertly. FORMS OF CONFLICT AND HOW IT CAN BE AVERTED: Leadership Style This style of leadership is importance to ensure team work, and creates harmony in a group by connecting people to each other whereby leadership style is being used against the employee.an autocratic leadership style will definitely breeds conflictual atmosphere. Poor Communication Poor communication creates uncertainty between the employer and the employee that leads to stress and conflict. For instance, a worker may be waiting for his employer to deliver key information so they can complete a task on time. If the employer does not...
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...Introduction The purpose of this briefing is to prospect indirectly expropriation and state compensation by analysing the case of Metalclad Corporation v. The United Mexican States. With the growing economic globalization, larger flows of foreign investment occur from industrial countries to non-industrial countries. During the international investment practice, there is bound to be conflicts of interests between exporters of capitals and importers of capitals. How to avoid this problem on the basis of gaining profits becomes the main concern of investors. Metalclad Corporation, a US company, in order to establish a waste landfill in the Mexican Municipality of Guadalcazar, acquired a landfill by buying COTERIN, the owner of record of the landfill property as well as the permits and licenses. In May 1994, under SLP’s agreement to support the project, Metalclad started to construct the landfill. However, the state government and local bodies opposed the project on mandatory environmental safety requirements. As a result, the company was asked to apply for a municipal construction permit. The company applied for a permit and completed the landfill in 1995. But the Municipality of Guadalcazar refused Metalclad’s application for a permit and consequently the Governor of the State issued an ecological decree prohibiting the use of waste landfill. At the NAFTA Tribunal, the company argued that Mexico breached Articles and 1110 of NAFTA. The Tribunal decided that Mexico had breached...
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...Wales and England which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most frequent disputes are concerned with employment inequity, unfair dismissal and redundancy payments. The Tribunals are part of the United Kingdom tribunal system, administered by the tribunals service and regulated and supervised by the administrative justice and tribunals council. Employment tribunals were created as Industrial tribunals by the Industrial Training Act 1964. Employment tribunals were set up at the same time that the United Kingdom enacted the first of a series of employment rights laws. The Tribunals were intended to give employees a quick , inexpensive and informal way of enforcing those rights. The idea was that the traditional court system was too expensive for both employers and claimants, also complex and slow as well to give people an effective means of enforcing employment rights. Tribunals are intended to be informal and encourage parties to represent themselves. There are no special court dress or complex civil procedure rules as at a County Court. Industrial Tribunals are legal bodies consisting of a lawyer, who was the chairman or President, an individual nominated by an employer association, and another by the Trades Union Congress or affiliated union. These independent panels heard and made legally binding rulings in relation to employment law disputes. Under the Employment Rights (Dispute Resolution) Act 1998, their name was changed to Employment...
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...changes made to the National Minimum Wage (compensation, enforcement and powers of investigation) as well as new regulations aimed at better enforcing the NMW in relation to agency workers• Part Three considers the strengths and weaknesses of the so called “ASLEF Amendment” introduced in response to a European Court of Human Rights ruling that unions should be free to determine their own rules. http://www.ier.org.uk/publications/employment-act-2008 | Summary of the Employment Act 2008The Bill contains proposals to reform existing law covering industrial relations and employment protection. Key areas * Repeals the Employment Act 2002 (Dispute Resolution) Regulations 2004 which were intended to reduce employment litigation, but had unintended consequences in practice * The statutory dispute resolution procedures will be replaced by a new non-regulatory system; a package of measures to encourage early/informal resolution of employment disputes possibly with increased support for the involvement of Acas * Clarifies and strengthens the enforcement framework for the National Minimum Wage * Clarifies and strengthens employment agency standards to address some of the concerns about vulnerable workers * Changes the relevant labour law to ensure compliance with the European Court of Human Rights judgement in Aslef v UK. This requires clearer rights for trade unions to determine their membership, after domestic courts held that trade unions could not lawfully expel British National...
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...HRM 531 Week 1 Quiz Correct answer in a capital letter 1. According to _____, an employee may not be fired because he or she refuses to commit an illegal act, such as perjury or price fixing. A. public policy exception b. social learning theory c. retaliatory discharge d. lifestyle discriminate Public policy exception protects the employee from being terminated for not committing illegal acts under the direction of management or other employees. State courts developed this policy as one of three that protect employees from being terminated and claiming employment at will for not doing what management has directed an employee to do when it relates to illegal activity. 2. A worker being fired for actions ranging from filing a workers’ compensation claim to reporting safety violations to government agencies is called a. unfair dismissal b. red-hot-stove discipline C. retaliatory discharge d. just cause Retaliatory discharge is when an employee can seek damages against an employer for being terminated for outrageous acts. For example, an employee can seek damages for being terminated for filing a workers’ compensation claim when the employer is at fault. This can include safety hazards that the employer refuses to correct for various reasons. Employers can try to retaliate against an employee when the employer is being exposed for unlawful practices or other related occurrences. 3. A bona fide occupational qualification...
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...THIRD INDIA-EU SEMINAR ON EMPLOYMENT RELATIONS AND RESOLUTION OF CONFLICTS (NEW DELHI – SEPTEMBER 22-23, 2008) India and European Union (EU) have entered into a Joint Action Plan to have a policy dialogue and cooperation in the fields of employment and social policy to share experience, periodic exchange of views and information on the following issues:(i) Labour and employment issues, including employment policies, restructuring, the global employment opportunities and requirements for trained manpower; (ii) Human resource management in particular through training and skills development; and (iii) Social Security. 2. In line with the Joint Action Plan, the Ministry of Labour & Employment, Government of India has signed an Memorandum of Understanding (MOU) with the European Commission to strengthen dialogue and exchange of views and information on issues of common interests within the area of employment and social policy such as: skills, training and employment, social security, occupational health and safety; workers’ participation in management; and other relevant issues jointly identified. The structured dialogue consists of exchanges of experience, best practice, views and information on topics of common interest, trends and policy developments related to the above areas. As a part of this structured dialogue, it has been agreed upon to organize a joint seminar on mutually identified issues every year. These seminars will bring together EU and India government...
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