MOST IMPORTANT Section 2 A of The industrial disputes Act 1947 as amended up to 18.08.2010
Section 2 A of The industrial disputes Act 1947 as amended up
to 18.08.2010 by The Industrial
Disputes (Amendment) Act, 2010 with effect from 15th Day of September, 2010, S.O.
2278(E) dated 15th September 2010.
“2A. Dismissal, etc., of
an individual workman to be deemed to be an industrial dispute.- (1)Where
any employer discharges, dismisses, retrenches or otherwise terminates the
services of an individual workman, any dispute or difference between that
workman and his employer connected with, or arising out of, such discharge,
dismissal, retrenchment or termination shall be deemed to be an industrial
dispute notwithstanding that no other workman nor any union of workmen is a party
to the dispute.
(2) Notwithstanding
anything contained in section 10, any such workman as is specified in
sub-section (1) may, make an application direct to the Labour Court or
Tribunal for adjudication of the dispute referred to therein after the
expiry of three months from the date he has made the application to the
Conciliation Officer of the appropriate Government for conciliation of the
dispute, and in receipt of such application the Labour Court or Tribunal shall
have powers and jurisdiction to adjudicate upon the dispute, as if it were a
dispute referred to it by the appropriate Government in accordance with the
provisions of this Act and all the provisions of this Act shall apply in
relation to such adjudication as they apply in relation to an industrial
dispute referred to it by the appropriate Government.
(3) The application referred
to in sub-section (2) shall be made to the Labour Court or Tribunal before
the expiry of three years from the date of discharge, dismissal,
retrenchment or otherwise termination of service as specified in sub-section
(1).”
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