Salient Features

 Applies to “Industry”
 Provides for resolution of “Industrial
Dispute”
 Regulates “Strikes” and “Lock-outs”
 Regulates change in Service Conditions
 Regulates
Lay off Retrenchment
Transfer Closure
 Provides penalty for Unfair Labour
Practices and for violation of provisions.
 Individual Dispute Individual Dispute Recovery of
Sec.2 (k) Sec.2A Amount Due

Arbitration Conciliation App. Govt.

Sec.10 A Sec.12 Sec.33 C(1)
-Award
Failure Report to App. Settlement -Settlement
Govt.or Central Govt. Sec.18(1) & 18(3) -Chp.VA or VB

Reference/Direct Labour Court

Reference/DirectApplication
Application
Sec.33 C(2)
Labour
Labour Labour
Labour National
National
Court
Court Tribunal
Tribunal Tribunal
Tribunal

Award
Award
 Prohibition Notice
Public Utility Services 6 weeks / 14
- During Conciliation and 7 days thereafter days
Others
- During Conciliation Proceedings and 7 Notice as per
days thereafter. Terms of
- During pendency before Labour Court, contract
Labour Tribunal, National Tribunal,
Arbitrator and 2 months thereafter
- During period of Award / Settlement

with regard to any matter covered

therein.
- Continuance after Prohibition by
App.Govt.u/s.10(4)
 21 Days Notice unless the change is not prejudicial (Sec.9 A)
 No Change in Service Conditions / Termination during
pendency of proceedings before CO, LC, LT, NT without

Permission Approval
1. Dismissal for mis-conduct Dismissal not
connected with Dispute connected with
2. Protected workmen dispute
3. Change in Service
Conditions in respect of
any matter connected
with Dispute
4. Change in Service
Conditions of Protected
workman
Retrenchment Lay-off Closure Transfer of
Undertaking
a) 1 month’s notice to N.A. a) 1 month’s a) Notice of
workman or wages in notice to Transfer to
lieu workman or employee &
wages in lieu compensation of
15 days’ wages
per year of service
(if not falling in
provision)

b) Payment of 15 days’ b) Payment of 15 b) No notice to

wages per year of days’ wages per Govt.required
continuous service year of
continuous
service

c) Notice of intention on c) Notice to Govt. c) No

App.Govt (period not not required compensation, if
mentioned). service is
continued
d) Last come, first go.
Retrenchment Lay-off Closure Transfer of
Undertaking
a) 1 month’s notice to a) Declaring lay- a) 1 month’s a) Notice of
workman or wages in off on notice notice to Transfer to
lieu board, either for workman or employee &
all or for section wages in lieu compensation of
of workers 15 days’ wages
per year of
service
b) Payment of 15 days’ b) Payment of b) Payment of 15 b) No notice to
wages per year of 50% of wages days’ wages per Govt.required
continuous service payable to year of
worker in that continuous
month. service
c) Notice of intention on c) 60 days’ notice c) No
App.Govt (period not to Govt. required compensation, if
mentioned). service is
continued
d) Last come, first go.
Retrenchment Lay-off Closure Transfer of
Undertaking

a) 90 days’ notice a) Prior permission a) 90 days’ a) Notice of Transfer to

to workman or from Govt.(No period notice to employee &
wages in lieu mentioned, but Govt.seeking compensation of 15
permission to be permission days’ wages per year of
communicated within service
60 days).

b) 90 days’ notice b) Declaring lay-off b) Notice of b) No notice to

to Govt.seeking on notice board, closure to Govt.required
permission either for all or for a workman.
section of workers.

c) Payment of 15 c) Payment of 50% c) Payment of c) No compensation, if

days’ wages per of wages payable to 15 days’ service is continued
year of continuous worker in that wages per
service. month. year of
continuous
service.
 W.e.f September 15, 2010, any person
employed in supervisory capacity drawing
upto INR 10,000 p.m. is also a workmen.
Earlier, such wage limit was INR 1,600 p.m.
only.
 Provision for direct application by
workman to the Labour Court /Tribunal
for adjudication of dispute has been
introduced.
 Such application has to be made within
three (03) years from the date of alleged
termination.
 Award, order or settlement arrived at
before Labour Court/Tribunal to be
transmitted to relevant Civil Court having
jurisdiction and enforced as decree of Civil
Court.
 Industrial establishment employing 20 or
more workmen must have one or more
Grievance Redressal Committee (GRC)
for resolution of disputes arising out of
individual greivances.

Contd.
 Equal no. of members from employer and
workmen;
 Total no. of members not to exceed six (06);
 Equal representation of women members in
GRC;
 GRC to complete its proceedings within 30
days of written application of aggrieved
workmen;
 Provision for appeal against the decision of
GRC to the Employer