The Government of Goa has notified the Industrial Disputes (Goa Amendment) Act, 2020 (“Amendment”), which is bringing in amendments under the Industrial Disputes Act, 1947 (“Principal Act”) for the State of Goa.
The amendments are deemed to be in force from 26.06.2020.
The Amendments made are as follows –
• Section 2A, sub-section (3) – “Dismissal, etc., of an individual workman to be deemed to be an industrial dispute”, has been amended and now an individual can file an application to the Labour Court or Tribunal for adjudication of the dispute (discharge, dismissal, retrenchment or otherwise termination of service) before expiry of one year from the date of dispute as compared to earlier given three years.
Implication – As per the earlier Act, a worker had to file an application to the Labour Court for any kind of Industrial Dispute before expiry of three years but by this amendment the time period has been reduced to one year.
• After sub-section (3) of Section 2A – “Dismissal, etc., of an individual workman to be deemed to be an industrial dispute” the following sub section will be inserted:
“(4) Notwithstanding anything contained in subsection (1),(2) and (3), no such dispute or difference between that workmen and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall he deemed to be an industrial dispute if such dispute is not raised before conciliation officer Within a period of one year from the date of such discharge dismissal, retrenchment or termination: Provided that an authority as may be specified by the State Government may condone the delay beyond such period of one year if the applicant workman satisfies the authority that he had sufficient cause for not raising the dispute within the period of one year.”
Implication – The amended period of one year for filing of an Industrial Dispute before the Conciliation Officer can be crossed only if the applicant workman can satisfy the Authority for the delay.
• Section 25F – “Conditions precedent to retrenchment of workmen” has been amended and now the workman must at the time of retrenchment, be paid compensation be equivalent to forty-five days’ average pay instead of fifteen days’ average pay.
• Section 25K – “Application of Chapter VB” has been amended to extend the provisions of Lay-off and Retrenchment on establishments in which not less than 300 workmen are employed as opposed to the previous threshold of 100 or more workmen.
Implication – With the Amendment the Act will now apply to fewer establishments, that employ 300 or more workmen on an average per working day for the preceding twelve months. The Amendment has also provided for extending lay-off and retrenchment provisions on industrial establishments having less than 300 workers to maintain industrial peace or prevent victimization of workmen. However, these provisions cannot be extended to industrial establishments having less than one hundred workmen.
• Section 25 N – “Conditions precedent to retrenchment of workmen” has been amended to provide compensation where permission for retrenchment has been granted to every workman who is employed in that establishment immediately before the date of application for permission which will be equivalent to forty-five days’ average pay for every completed year of continuous service as opposed to fifteen days’ average pay for every completed year of continuous.
• Section 25 O – “Procedure for closing down an undertaking” has been amended to give every workman who is employed in that undertaking immediately before the date of application for closing down compensation which shall be equivalent to forty-five days’ average pay for every completed year of continuous service as opposed to fifteen days’ average pay for every completed year of continuous service.
Source : Government of Goa
