Transcript Employee Compensation Act, 1923

Section 2(k): Industrial Dispute
Section 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 the adjudication of the dispute refer to therein
after the expiry of 45 days from the date he as 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 refer 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).
Section 2A: Dismissal, etc., of an individual workman to be deemed to be an industrial dispute
Sub-section (3)
Existing
Proposed
“The application referred to in subsection (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).”
“The application referred to in subsection (2) shall be made to the Labour
Court or Tribunal before the expiry of
one year from the date of discharge,
dismissal, retrenchment or otherwise
termination of service as specified in
sub-section (1).”
Section 2(n): Public Utility Service
(i)
any railway service or any transport service for the carriage of passengers or goods by air;
(ia) any service in, or in connection with the working of , any major port or dock;
(ii) any section of an industrial establishment, on the working of which the safety of the establishment or
the workmen employed therein depends;
(iii) any postal, telegraph or telephone service;
(iv) any industry which supplies power, light or water to the public;
(v) any system of public conservancy or sanitation;
(vi) any industry specified in First Schedule the which the appropriate Government may, if satisfied that
public emergency or public interest so requires, by notification in the Official Gazette, declare to be a
public utility service for the purposes of this Act, for such period as may be specified in the notification:
Provided that the period so specified shall not, in the first instance, exceed six months but may,
by a like notification, be extended from time to time, by any period not exceeding six months, at
any one time if in the opinion of the appropriate government public emergency or public interest
requires such extension;
Section 2(n): Public Utility Services
Proviso to sub clause (vi)
Existing
Proposed
“Provided that the period so specified
shall not, in the first instance, exceed
six months but may, by a like
notification, be extended from time to
time, by any period not exceeding six
months, at any one time, if in the
opinion
of
the
appropriate
Government, public emergency or
public
interest
requires
such
extension;.”
“Provided that the period so specified
shall not, in the first instance, exceed
one year but may, by a like
notification, be extended from time to
time, by any period not exceeding two
years, at any one time, if in the
opinion
of
the
appropriate
Government, public emergency or
public
interest
requires
such
extension;.”
Section 9A: Notice of Change
No employer, who proposes to effect any change in the conditions of service applicable to any workman
in respect of any matter specified in the Fourth Schedule, shall effect such change,
(a) without giving to the workmen likely to be affected by such change a notice in the prescribed
manner of the nature of the change proposed to be effected; or
(b) within twenty- one days of giving such notice:
Provided that no notice shall be required for effecting any such change-(a) where the change is effected in pursuance of any settlement or award]; or
(b) where the workmen likely to be affected by the change are persons to whom the
Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil
Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in
Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code
or any other rules or regulations that may be notified in this behalf by the appropriate Government in the
Official Gazette, apply.
Fourth Schedule: Conditions of Service for Change of which Notice is to be Given
(U/s 9A)
Existing
Proposed
“Total of 11 Conditions of services for
change of which notice is to be given.”
“Entry No. 6 and Entry No. 11 shall be
deleted in the Fourth Schedule,
Industrial Disputes Act 1947.”
Fourth Schedule: Conditions of Service for Change of which Notice is to be Given
(U/s 9A)
1. Wages, including the period and mode of payment ;
2. Contribution paid, or payable, by the employer to any provident fund or for the benefit of the workmen under any law for
the time being in force ;
3. Compensatory and other allowances ;
4. Hours of work and rest intervals;
5. Leave with wages and holidays ;
6. Starting alteration or discontinuance of shift working otherwise than in accordance with standing orders;
7. Classification by grades ;
8. Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline, or alteration of existing rules except insofar as they are provided in standing orders;
10. Rationalization , standardization or improvement of plant or technique which is likely to lead to retrenchment of workmen;
11. Any increase or reduction (other than casual ) in the number of persons employed or to be employed in any occupation
or process or department of shift [ not occasioned by circumstances over which the employer has no control]
Employee Compensation Act, 1923
If an application is not made by the employee himself or
by his dependent before the Commissioner for
compensation within a period of 90 days from the
occurrence of the accident then such an application can be
filed by the officer authorized by the State government
Section 2(e): Employer
Section 2(e): Employer
Section 2(e): Employer
Section 11(1): Wages in kind
Section 11(1): Wages in kind
Section 2(1)(e): Definition
Section 2(1)(e): Definition
Self Certification cum
Consolidated Annual
Returns
Section 18: Maintenance of registers and records
Section 18A: Obligation of Employer (Inserted)
Self Certification cum Consolidated Annual
Returns
• The Scheme is also applicable to following Acts:
• The Factories Act, 1948
• The Payment of Bonus Act, 1965
• Contract Labour (Regulation and Abolition) Act, 1970
• Payment of Gratuity Act, 1972
Industrial Disputes Act, 1947
Particular
Current Provision
Proposed Amendment
Illegal Strike
Imprisonment upto 01 month and/ or fine
upto Rs 50
Rs 150 per day but not
aggregating more than Rs 3000
Illegal Lockout
Imprisonment upto 01 month and/ or fine
upto Rs 1000
Rs 300 per day but not
aggregating more than Rs 20000
Committing unfair labour
practice (Workman)
Imprisonment upto 06 months and/ or
Rs 150 per day but not
fine upto Rs 1000
aggregating more than Rs 3000
Committing unfair labour
practice (Employer)
Imprisonment upto 06 months and/ or Rs 300 per day but not
fine upto Rs 1000
aggregating more than Rs 20000
Compounding of Penalties
• Offence committed of the same nature shall be
compoundable for the first three offences and
commensurate with number of persons employed in the
establishment
• 75 % amount so collected from the employer will be
distributed amongst workmen and if they are not identifiable
than it will be deposited in State’s Social Security Board
under Unorganized Workers’ Social Security Act, 2008
Compounding of Penalties
• Such provision is made applicable for the following Acts:
• Industrial Disputes Act, 1947
• Minimum Wages Act, 1948
• Motor Transport Workers Act, 1961
• Payment of Bonus Act, 1965
• Contract Labour (Regulation and Abolition) Act, 1970
• Payment of Gratuity Act, 1972
• Equal Remuneration Act, 1976