Section 9A - Notice of Change : Industrial Disputes Act 1947

What is Notice of Change? Section 9A of Industrial Disputes Act 1947

 

Section 9A of Industrial Disputes Act 1947 : "Notice of Change"

No, employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,
 

 

 

(a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or

(b) within twenty-one days of giving such notice:

Provided that no notice shall be required for effecting any such change

(a) where the change is effected in pursuance of any settlement or award; or

(b) where the workmen likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.

STATE AMENDMENTS

ANDHRA PRADESH
In clause (b) of section 9A for the words "within twenty-one days" the words "within forty-two days" shall be substituted - Andhra Pradesh Act 32 of 1987.

WEST BENGAL
In clause (b) of section 9A for the words "within twenty-one days" the words "within forty-two days" shall be substituted. - West Bengal Act No. 57 of 1980.

MAHARASHTRA
In section 9A of the principal Act, in the proviso,-

(a) in clause (b), the word "; or" shall be added at the end;

(b) after clause (b), the following clause shall be added, namely :-

"(c) where the change is effected due to updating or replacing of the existing machinery, computerization or increase in the immovable property and increase in production and that,-

(i) such change shall not effect the total wages of the workmen and their hours of work; and

(ii) the employer provides all the legitimate and required facilities such as trainings, etc., to the workmen to acquire the skill of new job.". - Maharashtra Act No. XXIII of 2006.