Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020 1103
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EXTRAORDINARY
Published by Authority
CHANDIGARH, FRIDAY, AUGUST 28, 2020
(BHADRA 6, 1942 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 28th August, 2020
No. 20-PLA-2020/63.- The Industrial Disputes (Punjab Amendment)
Bill, 2020 is hereby published for general information under the proviso to rule
121 of the Rules of Procedure and Conduct of Business in the Punjab Vidhan
Sabha (Punjab Legislative Assembly):-
Bill No.20-PLA-2020
THE INDUSTRIAL DISPUTES (PUNJAB AMENDMENT) BILL, 2020
A
BILL
Further to amend the Industrial Disputes Act, 1947, in its application to
the State of Punjab.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
first Year of the Republic of India as follow:-
Short title and commencement (2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
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2. In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal
Act,) in its application to the State of Punjab, in section 2A, after sub-section
(3), the following sub-section (4) shall be added, namely:-
Amendment of section 2A of Central Act 14 of 1947.
"(4) Notwithstanding anything contained in sub-sections (1), (2)
and (3), no such 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
if such dispute is not raised in conciliation proceeding within a period of
three years from the date of such discharge, dismissal, retrenchment or
termination:
Provided that an authority, as may be specified by the State
Government, may consider to extend the said period of three years when
the applicant workman satisfies the authority that he had sufficient cause
for not raising the dispute within the period of three years.".
3. In the principal Act, for section 25K, the following section shall be
substituted, namely:-
Substitution of section 25K of Central Act 14 of 1947.
"25K. (1) The provisions of this Chapter shall apply to an industrial
establishment (not being an establishment of a seasonal
Application of Chapter VB.
character or in which work is performed only intermittently)
in which not less than three hundred workmen were employed
on an average per working day for the preceding twelve
months.
(2) Without prejudice to the provisions of sub-section (1), the
State Government may, if satisfied that maintenance of industrial peace
or prevention of victimization of workmen so requires, by notification in
the Official Gazette apply the provisions of this Chapter to an industrial
establishment (not being an establishment of a seasonal character or in
which work is performed only intermittently) in which less than three
hundred workmen but not less than one hundred workmen, as may be
specified in the notification, were employed on an average per working
day for the preceding twelve months.
(3) If a question arises whether an industrial establishment is of
a seasonal character or whether work is performed therein only
intermittently, the decision of the appropriate Government thereon shall
be final.".
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4. In the principal Act, in section-25 N,-
"(i) in sub-section (1), in clause (a), the signs and words," or the workmen
Amendment of section 25N of Central Act 14 of 1947.
has been paid in lieu of such notice, wages for the period of the
notice" shall be omitted; and
(ii) in sub-section (9), after the words "six months", the following words
shall be added, namely:-
"and an amount equivalent to his three months average pay".
5. In the principal Act, in section 25-O, in sub-section (8), after the words
"six months" the following words shall be amended, namely:-
"and an amount equivalent to his three months average pay."
Amendment of section 25-O of Central Act 14 of 1947.
6. In the principal Act, in Fifth Schedule, in part II, after paragraph 5, the
following Explanation shall be added, namely:-
"Explanation.- For the purpose of this paragraph, 'go slow' means any
Amendment of Fifth Schedule of Central Act 14 of 1947.
such activity by any number of persons, employed in any industry,
acting in combination or with common understanding, to slow down
or to delay the process of production or work purposely whether
called by work to rule or by any other name, so as the fixed or
average or normal level of production or work or output of workman
or workmen of the establishment is not achieved:
Provided that all necessary ingredients or inputs for standard quality
production or work are made available in time and in sufficient
quantity".
11th August, 2020, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the principal Act, as amended by the Ordinance referred to in
sub-section (1), shall be deemed to have been done or taken under the principal
Act, as amended by this act.
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STATEMENT OF OBJECTS AND REASONS
To promote the industries in Punjab there is a need to amend Section
2A, 25K, 25N, 25O and Fifth Schedule of Industrial Disputes Act, 1947. Some
other States have already carried out these amendments, therefore to provide
level playing field to industries of Punjab we should amend sections Section
2A, 25K, 25N, 25O and Fifth Schedule of Industrial Disputes Act, 1947. The
above amendments in Industrial Dispute Act, 1947 will increase the threshold
limit for applicability of Chapter-VB of the Act from the present limit of 100
workers to 300 workers. Apart from this workers will be eligible for 3 months
extra wages on retrenchment or closure of establishments.
Hence, the The Industrial Disputes (Punjab Amendment) Bill, 2020.