S.1 Short title and commencement

       (1) This Act may be called the Industrial Disputes (Amendment) Act, 2010.
       (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

S.2 Amendment of section 2

       In the Industrial Disputes Act, 1947(14 of 1947) (hereinafter referred to as the principal Act), in section 2,--
       (i) in clause (a),--
       (a) in sub-clause (i), for the words " major port, the Central Government, and", the words "major port, any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government, and" shall be substituted;
       (b) for sub-clause (ii), the following sub-clause shall be substituted, namely:--
   &

S.3 Amendment of Section 2A

       Section 2A of the principal Act shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:--
       "(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication a

S.4 Amendment of Section 7

       In section 7 of the principal Act, in sub-section (3), after clause (e), the following clauses shall be inserted, namely:--
       "(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer:
       Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or
       (g) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.".

S.5 Amendment of Section 7A

       In section 7A of the principal Act, in sub-section (3), after clause (aa), the following clauses shall be inserted, namely:--
       "(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer:
       Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or
       (c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.".

S.6 Substitution of new Chapter for Chapter IIB

After section 9B of the principal Act, for Chapter IIB, the following Chapter shall be substituted, namely:--

S.7 Amendment of Section 11

       In section 11 of the principal Act, after sub-section (8), the following sub-sections shall be inserted, namely:--
       "(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908(5 of 1908).
       (10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.".

S.8 Amendment of Section 38

       In section 38 of the principal Act, in sub-section (2),--
       (i) clause (ab) shall be omitted;
       (ii) for clause (c), the following clause shall be substituted, namely:--
       "(c) the salaries and allowances and the terms and conditions for appointment of the presiding officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible to members of Courts, Boards and to assessors and witnesses;".