The Act was amended in early 2020 and gazetted on 20th February 2020. The operation of the amendments were however made subject to the Minister of Human Resources appointing the effective date. The Minister has now decided that most of the amendments will be effective from 1.1.2021.
Here we highlight some of the key changes made to Part VI and VII of the Act in respect of the representation for unfair dismissal under sec. 20 and the powers of the Industrial Court when hearing the dispute and in issuing the Award :
1. Sec. 20 (2) and (3) – upon receiving the representation from the workman and when the reconciliation attempt has failed the Director General now must refer the representation directly to the Industrial Court. The DG no longer required to notify the Minister . Previously only the Minister may refer the representation to the Court. The Minister is no longer involved. The DG now has a duty to refer the unresolved representation to the Court.
2. Sec. 29(da) – the Court to proceed to hear the dispute even if there is a dispute on the date of dismissal of the workman. Previously when there is a dispute on the date and it was shown that the date of dismissal was not the date in the representation, the Court ceases to hear the dispute. Now, the Court may continue to hear and even determine the date of dismissal.
3. Sec. 29(ea) – Court can continue to hear the dispute even if the workman had died during the proceedings. Previously the Court ceases to hear the dispute when the workman dies.
4. Sec. 30(1A) – the Award is to carry interest at 8% p.a or lesser rate from the date of the Award till satisfaction. The Court also has the powers to determine any other date for the commencement of the interest on the application of the aggrieved party upon receipt of the Award.
5. Sec. 30(6B) – For the deceased workman, the award for backwages and compensation may be awarded to the next-of-kin of the deceased.
6. Sec. 33A – the procedure of reference to High Court on question of law is now abolished.
7. Sec 33B – no stay of proceedings may be ordered against the award for reinstatement. This is a new provision.
8. Sec 33C – a party dissatisfied with the award may appeal to the High Court within 14 days of receipt of the award and the appeal will follow like an appeal from the Sessions Court. This is the main highlight of the amendments here. This has effectively removed the need to apply for judicial review to challenge the Award.
All in all, the amendments above are of good value to employees and their family and the whole process of resolving the representation effectively and expediently. There are also other amendments made to other parts of the Act – do check out those amendments as well.
R.JAYABALAN
