Workers likely to get direct access to labour courts, tribunals

The Industrial Disputes Amendment Bill, passed in the Rajya Sabha this week, will pave the way for better and direct access to labour court or tribunal for workers in cases of disputes related to retrenchment, discharge, dismissal or termination of services. It will also empower labour courts, curtailing the state’s role. The amendment is expected to be passed in the Lok Sabha soon.

At present, disputes could be adjudicated by the Central Government Industrial Tribunal-Cum Labour Court only after a reference is made by the ‘appropriate government’. The proposed amendment in Section 2A, would enable a workman to directly approach the Central Government Industrial Tribunal-cum-Labour Court after filing his grievance before the conciliation machinery to resolve the issue within 45 days.

There will be no need for him to approach the ‘appropriate government’ for making a reference. This amendment would enable aggrieved workmen to choose the alternative of adjudication for resolution of his dispute faster.

Trade unions have welcomed this amendment, saying this would give workers the power that had earlier rested with the state. Now, it is not the state which will take the matter to court but the worker himself if conciliation efforts fail, says AITUC secretary D L Sachdev.

Another significant amendment in the law would empower labour courts to enforce their awards without waiting for the tediously long procedures of the state and district machinery.

Sachdev says: “Earlier the state issued recovery certificates and then the district collector was expected to start proceedings to execute the orders of the courts. Now, courts can directly ask the collector to start carrying out orders.”

However he adds courts are often guilty of terrible delays for which even this amendment cannot provide a remedy.

The amendment will also substitute an entire chapter II B with a new one to allow setting up of a grievance redressal machinery.

This chapter seeks to establish a Grievance Redressal Machinery (GRM) within industrial establishments that have 20 or more workmen with one-stage appeal at the head of the establishment for resolution of disputes arising out of individual grievances.

A workman would get one more alternative GRM for the resolution of his dispute within the organisation itself, with the minimum necessity for adjudication. Setting up of GRMs would in no way affect the right of workmen to raise dispute on the same issue under the provisions of the Industrial Disputes Act, 1947, a government statement said.

The other amendments in the Bill seek to amplify the definition of ‘appropriate government’, enhance the wage ceiling prescribed for supervisors and expand the scope of qualifications of presiding officers of labour courts or tribunal.