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Showing posts from October, 2021

Section 104 Industrial Relations Code 2020

  Section 104 Industrial Relations Code 2020 : Repeal and savings. - (1) In the notification issued under sub-section (3) of section 1 for the commencement of any provision of this Code, the Central Government may specify that the provisions of- (a) the Trade Unions Act, 1926 (16 of 1926); (b) the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946); and (c) the Industrial Disputes Act, 1947 (14 of 1947), shall stand repealed with effect from the date appointed in the notification in this behalf and the remaining provisions of the enactments referred to in clauses (a) to (c) shall remain in force till they are repealed by like notifications in the like manner. (2) Notwithstanding such repeal under sub-section (1), anything done or any action taken under the provisions of the enactments so repealed including any rule, regulation, notification, nomination, appointment, order or direction made thereunder shall be deemed to have been done or taken under the corresponding provisio

Section 103 Industrial Relations Code 2020

  Section 103 Industrial Relations Code 2020 : Power to remove difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Code, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Code as may appear to it to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Code. (2) Every order made under this section shall be laid before each House of Parliament. Supreme Court of India Important Judgments And Leading Case Law Related to Section 103 Industrial Relations Code 2020 :   Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 102 Industrial Relations Code 2020

  Section 102 Industrial Relations Code 2020 : Amendment of Act 7 of 2017. - In the Finance Act, 2017, in the Eighth Schedule, against serial number 1,- (a) in column (2), for the words "Industrial Tribunal constituted by the Central Government", the words, brackets and figures "Industrial Tribunal constituted by the Central Government under sub-section (1) of section 44 of the Industrial Relations Code, 2020" shall be substituted; (b) in column (3), for the words and figures "The Industrial Disputes Act, 1947" (14 of 1947), the words and figures "The Industrial Relations Code, 2020" shall be substituted. Supreme Court of India Important Judgments And Leading Case Law Related to Section 102 Industrial Relations Code 2020 :   Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 101 Industrial Relations Code 2020

  Section 101 Industrial Relations Code 2020 : Power to amend Schedules. - (1) The Central Government may, by notification, add to or alter or amend the First Schedule or the Second Schedule or the Third Schedule and on any such notification being issued, the First Schedule or the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly. (2) Every notification issued by the Central Government under sub-section (1) shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification, or both Houses agree that the modification should not be made, the notification shall thereafter have effect only in such modified form or be of

Section 99 Industrial Relations Code 2020

 Section 99 Industrial Relations Code 2020 : Power of appropriate Government to make rules. - (1) The appropriate Government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Code: Provided that the appropriate Government may, if it is satisfied that circumstances exist which render it necessary or expedient in the public interest so to do, dispense with the condition of previous publication or reduce the required time period for inviting objections or suggestions on such previous publication to the extent as it may deem fit. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding to arrive at a settlement under clause (zi) of section 2; (b) constitution of Works Committee and choosing of represe

Section 98 Industrial Relations Code 2020

  Section 98 Industrial Relations Code 2020 : Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Code or any rules made thereunder. Supreme Court of India Important Judgments And Leading Case Law Related to Section 98 Industrial Relations Code 2020 :   Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 97 Industrial Relations Code 2020

Section 97 Industrial Relations Code 2020 : Jurisdiction of civil courts barred. - No civil court shall have jurisdiction in respect of any matter to which any provision of this Code applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Code. Supreme Court of India Important Judgments And Leading Case Law Related to Section 97 Industrial Relations Code 2020 :  Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 96 Industrial Relations Code 2020

  Section 96 Industrial Relations Code 2020 : Power to exempt. - (1) Where the appropriate Government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertakings that adequate provisions exist to fulfil the objects of any provision of this Code, it may, by notification, exempt, conditionally or unconditionally such establishment or undertaking or, class of establishments or undertakings from that provision of this Code. (2) Notwithstanding anything contained in sub-section (1), where the appropriate Government is satisfied in relation to any new industrial establishment or new undertaking or class of new industrial establishments or new undertakings that it is necessary in the public interest so to do, it may, by notification, exempt, conditionally or unconditionally, any such new establishment or new undertaking or class of new establishments or new undertakings from all or any of the provisions of this Code for suc

Section 95 Industrial Relations Code 2020

  Section 95 Industrial Relations Code 2020 : Removal of doubts in interpretation of award or settlement. - (1) If, in the opinion of the appropriate Government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such Tribunal or National Industrial Tribunal as it may think fit. (2) A Tribunal or National Industrial Tribunal to which such question is referred shall, after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such parties. Supreme Court of India Important Judgments And Leading Case Law Related to Section 95 Industrial Relations Code 2020 :   Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 94 Industrial Relations Code 2020

  Section 94 Industrial Relations Code 2020 : Representation of parties. - (1) A worker who is a party to a dispute shall be entitled to be represented in any proceeding under this Code by- (a) any member of the executive or other office-bearer of a registered Trade Union of which he is a member; (b) any member of the executive or other office-bearer of a federation of Trade Unions to which the Trade Union referred to in clause (a) is affiliated; (c) where the worker is not a member of any Trade Union, any member of the executive or other office-bearer of any Trade Union connected with, or by any other worker employed in the industry in which the worker is employed and authorised in such manner as may be prescribed. (2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Code by- (a) an officer of an association of employer of which he is a member; (b) an officer of a federation of associations of employers to which the association r

Section 93 Industrial Relations Code 2020

  Section 93 Industrial Relations Code 2020 : Protection of persons. - (1) No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Code shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any Trade Union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the Union or society, anything to the contrary in rules of a Trade Union or society notwithstanding. (2) Nothing in the rules of a Trade Union or society requiring the settlement of dispute in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the civil court may, in lieu of ordering a

Section 92 Industrial Relations Code 2020

  Section 92 Industrial Relations Code 2020 : Power to transfer certain proceedings. - (1) The appropriate Government may, by order in writing and for reasons to be stated therein, withdraw any proceeding under this Code pending before a Tribunal and transfer the same to another Tribunal, as the case may be, for the disposal of the proceeding and the Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred. (2) The Central Government may, by order in writing and for reasons to be stated therein, withdraw any proceeding pending under this Code before a Tribunal constituted by the Central Government or the State Government and transfer to a National Industrial Tribunal for disposal of the proceeding and the National Industrial Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or

Section 91 Industrial Relations Code 2020

  Section 91 Industrial Relations Code 2020 : Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings. - Where an employer contravenes the provisions of section 90 during the pendency of proceedings before conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, as the case may be, any employee aggrieved by such contravention, may make a complaint in writing in such manner as may be prescribed- (a) to such conciliation officer, and the conciliation officer shall take such complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and (b) to such arbitrator, Tribunal or National Industrial Tribunal and on receipt of such complaint, the arbitrator, Tribunal or National Industrial Tribunal, as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this Code and shall submit his or

Section 90 Industrial Relations Code 2020

  Section 90 Industrial Relations Code 2020 : Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings. - (1) Where an industrial dispute pertaining to an establishment or undertaking is already pending before a conciliation officer or an Arbitrator or a Tribunal or a National Industrial Tribunal, as the case may be, with regard to matters not covered by the notice of change issued by an employer under section 40, no employer shall- (a) in regard to any matter connected with such dispute, alter to the prejudice of the workers concerned in such dispute the conditions of service applicable to them immediately before the commencement of such proceedings; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise any worker concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending. (2) During the pendency of any such proce

Supreme Court Judgement on Pegasus

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 Supreme Court Judgement on Pegasus Supreme Court on 27th October 2021 has delivered its  verdict in Manohar Lal Sharma vs Union of India case which pertains to pegasus spyware issue. Three judge bench of Supreme Court of India has constituted a three member technical committee under Retired Supreme Court Judge R K Ravindran to investigate and equire about the Pegasus Spying issue. Supreme Court judgment on Pegasus can be downloaded from Supreme Court of India Website at this link:  https://main.sci.gov.in/supremecourt/2021/16884/16884_2021_1_1501_30827_Judgement_27-Oct-2021.pdf

Section 89 Industrial Relations Code 2020

  Section 89 Industrial Relations Code 2020 : Composition of offences. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Code, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted Officer, as the appropriate Government may, by notification, specify, for a sum of fifty per cent. of the maximum fine provided for such offence punishable with fine only and for a sum of seventy-five per cent. provided for such offence punishable with imprisonment for a term which is not more than one year or with fine, in the manner as may be prescribed: Provided that such amount of composition shall be credited to the Social Security Fund established under section 141 of the Social Security Code, 2020. (2) Nothing contained in sub-section (1) shall apply t

Section 88 Industrial Relations Code 2020

  Section 88 Industrial Relations Code 2020 : Offences by companies. - (1) If the person committing an offence under this Code is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Code has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer

Section 87 Industrial Relations Code 2020

  Section 87 Industrial Relations Code 2020 : Cognizance of offences. - (1) No court shall take cognizance of any offence punishable under this Code, save on a complaint made by or under the authority of the appropriate Government. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of the Metropolitan Magistrate or Judicial Magistrate of the first class shall try the offences under this Code. Supreme Court of India Important Judgments And Leading Case Law Related to Section 87 Industrial Relations Code 2020 :  Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 86 Industrial Relations Code 2020

  Section 86 Industrial Relations Code 2020 : Penalties. - (1) An employer who contravenes the provisions of section 78 or section 79 or section 80 shall be punishable with fine which shall not be less than one lakh rupees, but which may extend to ten lakh rupees. (2) An employer who after conviction for an offence under section 78 or section 79 or section 80 again commits the same offence under section 78 or section 79 or section 80, then, he shall for the second or subsequent offence be punishable with fine which shall not be less than five lakh rupees, but which may extend up to twenty lakh rupees or with imprisonment for a term which may extend to six months, or with both. (3) An employer who contravenes the provisions of section 67 or section 70 or section 73 or section 75 shall be punishable with fine which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees. (4) An employer who after conviction for an offence under section 67 or section 70 or se

Section 85 Industrial Relations Code 2020

  Section 85 Industrial Relations Code 2020 : Power of officers of appropriate Government to impose penalty in certain cases. - (1) Notwithstanding anything contained in section 84, for the purpose of imposing penalty under sub-sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the appropriate Government may appoint any officer not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government, as the case may be, for holding enquiry in such manner, as may be prescribed by the Central Government. (2) While holding the enquiry, the officer referred to in sub-section (1) shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of such officer, may be useful for or relevant to the subject matter of the enquiry and if, on such enquiry, he is satisfied th

Section 84 Industrial Relations Code 2020

  Section 84 Industrial Relations Code 2020 : Prohibition of unfair labour practice. - No employer or worker or a Trade Union, whether registered under this Code, or not, shall commit any unfair labour practice specified in the Second Schedule. Supreme Court of India Important Judgments And Leading Case Law Related to Section 84 Industrial Relations Code 2020 :  Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 83 Industrial Relations Code 2020

Section 83 Industrial Relations Code 2020 : Worker re-skilling fund. - (1) The appropriate Government shall, by notification, set up a fund to be called the worker re-skilling fund (hereafter in this section referred to as "fund"). (2) The fund shall consist of - (a) the contribution of the employer of an industrial establishment an amount equal to fifteen days wages last drawn by the worker immediately before the retrenchment, or such other number of days as may be notified by the Central Government, for every retrenched worker in case of retrenchment only; (b) the contribution from such other sources as may be prescribed by the appropriate Government. (3) The fund shall be utilised by crediting fifteen days wages last drawn by the worker to his account who is retrenched, within forty-five days of such retrenchment, in such manner as may be prescribed. Supreme Court of India Important Judgments And Leading Case Law Related to Section 83 Industrial Relations Code 2020 :   Not

Section 82 Industrial Relations Code 2020

  Section 82 Industrial Relations Code 2020 : Certain provisions of Chapter IX to apply to industrial establishment to which this Chapter applies. - The provisions of sections 66, 71, 72, 73 and section 76 in Chapter IX shall, so far as may be, apply also in relation to an industrial establishment to which the provisions of this Chapter apply. Supreme Court of India Important Judgments And Leading Case Law Related to Section 82 Industrial Relations Code 2020 :   Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 81 Industrial Relations Code 2020

  Section 81 Industrial Relations Code 2020 : Duty of an employer to maintain muster rolls of workers. - Notwithstanding that workers in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of this Chapter a muster roll, and to provide for the making of entries therein by workers who may present themselves for work at the establishment at the appointed time during normal working hours. Supreme Court of India Important Judgments And Leading Case Law Related to Section 81 Industrial Relations Code 2020 :  Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 80 Industrial Relations Code 2020

Section 80 Industrial Relations Code 2020 : Procedure for closing down an industrial establishment. - (1) An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, electronically or otherwise, apply in such manner as may be prescribed, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workers in such manner as may be prescribed: Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work. (2) Where an application for permission has been made under sub-section (1), the appropriate Government, after making such enquiry as it thinks fit and after giving a re

Section 79 Industrial Relations Code 2020

Section 79 Industrial Relations Code 2020 : Conditions precedent to retrenchment of workers to which Chapter X applies. - (1) No worker employed in any industrial establishment to which this Chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until, - (a) the worker has been given three month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the worker has been paid in lieu of such notice, wages for the period of the notice; and (b) the prior permission of the appropriate Government has been obtained on an application made in this behalf. (2) An application for permission under sub-section (1) shall be made by the employer electronically or otherwise in the prescribed manner stating clearly the reasons for the intended retrenchment and a copy of such application shall also be served simultaneously on the workers concerned in such manner as may be pres

Section 78 Industrial Relations Code 2020

  Section 78 Industrial Relations Code 2020 : Prohibition of lay-off. - (1) No worker (other than a badli worker or a casual worker) whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies shall be laid-off by his employer except with the prior permission of the appropriate Government, obtained on an application made in this behalf, unless such lay-off is due to shortage of power, natural calamity, and in the case of a mine, such lay-off is due to fire, flood, excess of inflammable gas or explosion. (2) An application for permission under sub-section (1) shall be made by the employer electronically or otherwise in the prescribed manner stating clearly the reasons for the intended lay-off and a copy of such application shall also be served simultaneously on the workers concerned in such manner as may be prescribed. (3) Where the workers (other than badli workers or casual workers) of industrial establishment, being a mine, have been laid-off

Section 77 Industrial Relations Code 2020

  Section 77 Industrial Relations Code 2020 : Application of this Chapter. - (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 workers, or such higher number of workers as may be notified by the appropriate Government, were employed on an average per working day in the preceding twelve months. (2) 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. (3) For the purposes of this Chapter,"industrial establishment" means- (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948(63 of 1948); (ii) a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952(35 of 1952); or (iii) a plantation as defined in clause (f)

Section 76 Industrial Relations Code 2020

  Section 76 Industrial Relations Code 2020 : Effect of laws inconsistent with this Chapter. - (1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law including standing orders made under Chapter IV: Provided that where under the provisions of any other Act or rules, orders or notifications issued thereunder or under any standing orders or any award, contract or service or otherwise, a worker is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Code, the worker shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Chapter. (2) For the removal of doubts, it is hereby declared that nothing contained in this Chapter shall be deemed to affect the provisions of any other law for the time being in force in any State in so far a

Section 75 Industrial Relations Code 2020

  Section 75 Industrial Relations Code 2020 : Compensation to workers in case of closing down of undertakings. - (1) Where an establishment is closed down for any reason whatsoever, every worker who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of section 70, as if the worker had been retrenched: Provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the worker under clause (b) of section 70, shall not exceed his average pay for three months. Explanation. - An industrial establishment which is closed down by reason merely of- (i) financial difficulties (including financial losses); or (ii) accumulation of un-disposed stocks; or (iii) the expiry of the period of the lease or license granted to it; o

Section 74 Industrial Relations Code 2020

  Section 74 Industrial Relations Code 2020 : Sixty days' notice to be given of intention to close down any undertaking. - (1) An employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in such manner as may be prescribed, on the appropriate Government stating clearly the reasons for the intended closure of the undertaking: Provided that nothing in this section shall apply to- (i) an industrial establishment in which less than fifty workers are employed or were employed on any day in the preceding twelve months; (ii) an industrial establishment set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project. (2) Notwithstanding anything contained in sub-section (1), the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or an extraor

Section 73 Industrial Relations Code 2020

  Section 73 Industrial Relations Code 2020 : Compensation to workers in case of transfer of establishment. - Where the ownership or management of an establishment is transferred, whether by agreement or by operation of law, from the employer in relation to that establishment to a new employer, every worker who has been in continuous service for not less than one year in that establishment immediately before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 70 as if the worker had been retrenched: Provided that nothing in this section shall apply to a worker in any case where there has been a change of employers by reason of the transfer, if- (a) the service of the worker has not been interrupted by such transfer; (b) the terms and conditions of service applicable to the worker after such transfer are not in any way less favourable to the worker than those applicable to them immediately before the transfer; and (c) the new employer

Section 72 Industrial Relations Code 2020

  Section 72 Industrial Relations Code 2020 : Reemployment of retrenched worker. - Where any worker is retrenched and the employer proposes to take into his employment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers who are citizens of India to offer themselves for re-employment and such retrenched workers who offer themselves for re-employment shall have preference over other persons. Supreme Court of India Important Judgments And Leading Case Law Related to Section 72 Industrial Relations Code 2020 :  Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 71 Industrial Relations Code 2020

  Section 71 Industrial Relations Code 2020 : Procedure for retrenchment. - Where any worker in an industrial establishment who is a citizen of India, is to be retrenched and he belongs to a particular category of workers in that establishment, then, in the absence of any agreement between the employer and the worker in this behalf, the employer shall ordinarily retrench the worker who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other worker. Supreme Court of India Important Judgments And Leading Case Law Related to Section 71 Industrial Relations Code 2020 :  Not Yet Available To download this dhara / Section of Industrial Relations Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 70 Industrial Relations Code 2020

  Section 70 Industrial Relations Code 2020 : Conditions precedent to retrenchment of workers. - No worker employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until - (a) the worker has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the worker has been paid in lieu of such notice, wages for the period of the notice; (b) the worker has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay, or average pay of such days as may be notified by the appropriate Government, for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in such manner as may be prescribed is served on the appropriate Government or such authority as may be specified by the appropriate Government by notification. Supreme Court of India Important Ju