Preliminary .

(Act No. 21 of 2014)

[Received the assent of the President on the 30th day of October, 2014]

An Act:

further to amend the Industrial Disputes Act, 1947 in its application to the State of Rajasthan.

Be it enacted by the Rajasthan State Legislature in the Sixty-fifth Year of the Republic of India, as follows:-

S.1 Short title, extent and commencement:

(1) This Act may be called the Industrial Disputes (Rajasthan Amendment) Act, 2014.

(2) It shall extend to the whole of the State of Rajasthan.

(3) It shall come into force at once.

S.2 Amendment of section 2, Central Act No. 14 of 1947:

In the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in section 2:

(a) the existing sub-clause (iii) of clause (g) shall be deleted.

(b) in clause (s) the existing expression "by an employer or by a contractor in relation to the execution of his contract with such employer" shall be deleted.

S.3 Amendment of section 2A, Central Act No. 14 of 1947

In section 2A of the principal Act, after the existing sub-section (3), the following new sub-section shall be added, namely:-

"(4) Notwithstanding anything 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."

S.4 Amendment of Chapter II-B, Central Act No. 14 of 1947:

Chapter II-B of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as "CHAPTER II-C."

S.5 Amendment of section 9C, Central Act No. 14 of 1947

Section 9C of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as "9CC."

S.6 Amendment of section 9D, Central Act No. 14 of 1947

In section 9D of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, the existing expression "fifteen per cent" shall be substituted by the expression "thirty per cent."

S.7 Amendment of section 25K, Central Act No. 14 of 1947:

For the existing section 25K of the principal Act, the following shall be substituted, namely:-

"25K. Application of Chapter VB:

(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 such number of workmen which may be less than three hundred but not

S.8 Amendment of section 25N, Central Act No. 14 of 1947:

In section 25N of the principal Act:

(a) in clause (a) of sub-section (1), the existing expression "the workman has been paid in lieu of such notice, wages for the period of the notice" shall be deleted.

(b) in sub-section (9), after the existing expression "six months" and before the existing punctuation mark "." appearing at the end, the expression "and an amount equivalent to his three months average pay" shall be inserted.

S.9 Amendment of section 25-O, Central Act No. 14 of 1947:

In sub-section (8) of section 25-O of the principal Act, after the existing expression "six months" and before the existing punctuation mark "." appearing at the end, the expression "and an amount equivalent to his three months average pay" shall be inserted.

S.10 Amendment of Fifth Schedule, Central Act No. 14 of 1947:

After the existing paragraph 5 of Part II to the Fifth Schedule of the principal Act, the following 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."