INDUSTRIAL DISPUTE AMENDMENT ACT, 2010

A research proportion submitted in partial fulfillment of the course Labor Law-I

for obtaining the degree B.B.A., LL.B. (Hons.) during the academic session: 2019-
20

Submitted by:

Pragya, B.B.A., LL.B. (Hons.)

Roll: 2029

Submitted to:

Ms. Pallavi Shankar

Faculty of Labour Law- I

February, 2020

Chanakya National Law University, Nyaya Nagar,

Mithapur, Patna-800001, Bihar
 INTRODUCTION
Govt. of India after nearly 26th years amended the Industrial Disputes Act 1947 through its
Amendment Act 2010, which has now come into force w.e.f. 15.09.2010 vide its Notification
No. S.O. 2278(E) date 15.09.2010.

In case of individual dispute of workman related to discharge, dismissal, retrenchment or

termination by any means, now the workman has the right to approach labour court directly
without waiting for conciliation proceedings and Govt. reference. But he has to wait for three
months for this direct action from the date of filing his application before conciliation officer if
the Govt. is not able to complete the reference process within three months. Earlier there was no
such direct option available to workman to approach labour court.

Such workman in case of individual dispute has to file claim within time limit period of three
years. Earlier there was no such limitation period prescribed under the ID Act. Definition of
appropriate Govt. has been amplified.

OBJECTIVES
The researcher has the following objectives:

1. Discuss the situation before the amendment.

2. Discuss the fundamental changes brought by the amendment.
3. Discuss reasons for the amendment.

HYPOTHESIS

There are following hypothesis:

1. The amendment has simplified the Act.

2. The amendment is a good relief for the employees to sue their employer against
indiscriminate and illegal termination, dismissal or discharge.

RESEARCH METHODOLOGY
The research work is totally doctrinal method. It includes both primary as well as secondary
sources.
 LIMITATIONS

Area of limitations – Every study has own limitation due to the limited time, lack of sufficient
financial sources and limited area of survey/study of the subject matter.

TENTATIVE CHAPTERISATION

1. Introduction.
2. Historical Background: Industrial Dispute Act, 1947.
3. Significant changes brought by the Amendment Act of 2010.
 Discharge, dismissal, termination & retrenchment of a workman/employee.
 Enhancement of wage ceiling.
 Grievances Redressal Mechanism.
 Execution of Award, Decree or Settlement.
4. Effect of the Changes brought by the Amendment Act of 2010.
5. Conclusion.