PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020

(BHDR 6, 1942 SAKA)

1103

( 1103 )

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

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

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:-

(1) This Act may be called the Industrial Disputes (Punjab Amendment)

Act, 2020.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

Short title

and

commencement

PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020

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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:-

“(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.”.

In the principal Act, for section 25K, the following section shall be

substituted, namely:-

"25K. (1) The provisions of this Chapter shall apply to an industrial

establishment (not being an establishment of a seasonal

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.”.

Amendment of

section 2A of

Central Act 14

of 1947.

Substitution of

section 25K of

Central Act 14

of 1947.

Application of

Chapter VB.

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In the principal Act, in section-25 N,-

"(i)

in sub-section (1), in clause (a), the signs and words," or the workmen

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".

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."

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

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”.

(1) The Industrial Disputes (Punjab Amendment) Ordinance, 2020,

published in the Punjab Government Gazette (Extraordinary) dated the

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.

Amendment of

section 25N of

Central Act 14

of 1947.

Amendment of

section 25-O of

Central Act 14

of 1947.

Amendment of

Fifth Schedule

of Central Act

14 of 1947.

Repeal and

saving.

PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020

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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.

BALBIR SINGH SIDHU

Labour Minister, Punjab

______________

CHANDIGARH

SHASHI LAKHANPAL MISHRA

THE 28th AUGUST, 2020

SECRETARY.

2091/8-2020/Pb. Govt. Press, S.A.S. Nagar