Rescission of 2019 Notification issued under the IDA

Rescission of 2019 Notification issued under the IDA

The Central Government by way of a notification dated June 10, 2019 had authorised conciliation officers to exercise the powers of the Central Government (under certain circumstances) under section 10 (‘Reference of disputes to Boards, Courts or Tribunals’) read with section 2A (‘Dismissal, etc., of an individual workman to be deemed to be an industrial dispute’) of the Industrial Disputes Act, 1947 (“IDA“). In furtherance to the aforesaid, the Central Government vide two notifications dated March 17, 2023 delegated the powers exercisable by it under sub-sections (1) and (2) of section 10 and section 12 (‘Duties of conciliation officers’) of the said enactment to the officers specified in the said notifications. This was however subject to the provisions of sub-sections (1) and (2) of section 10, of the said enactment. Recently, on April 17, 2023, the Ministry of Labour and Employment issued a notification rescinding the earlier notification dated June 10, 2019 relating to the manner of adjudication of industrial disputes, except as respect to things done or omitted to be done before such rescission.

Also read: When unsure about justification of claim, Govt. must refer the dispute: Delhi HC

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