Form no: IQAC /10 (a)

PROGRAM: BACHELOR OF BUSINESS ADMINISTRATION/

BACHELOR OF COMPUTER APPLICATION/
BACHELOR OF COMMERCE

Subject Industrial Law

Subject Code BBA 505
Semester/Year V
Section C

Project No.
Project title
MINI PROJECT 1

Student’s Name Sonali Sethi

Student’s Enroll. No. ASB/BBA/19/140

Student’s Signature*

Submission Date 25th November, 2021

Due Date 25th November, 2021
Faculty Name Mrs. Shipra Shrivastava
Marks Assigned by the
Faculty

Signature

Comments by the Faculty:

*By signing above you attest that you have contributed to this submission and confirm
that all work you have contributed to this submission is your own work. Any suspicion
of copying or plagiarism in this work will result in an investigation of Academic
 Form no: IQAC /10 (a)
Misconduct and may result in a “0” on the work, or possibly more severe penalties, as
well as a Disciplinary Notice on your academic record.

Ques 1: Write the latest amendments done in Factories Act 1948, Workmen
Compensation Act 1923 & Industrial disputes Act 1947.

Answer:

1) LATEST AMENDMENTS DONE IN FACTORIES ACT 1948 :

Form no: IQAC /10 (a)
 Form no: IQAC /10 (a)

2) LATEST AMENDMENTS DONE IN WORKMEN COMPENSATION

ACT, 1923

ANSWER: THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 is now

renamed as THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2009 and
wherever "workman" or "workmen" is mentioned in the entire Act the same needs
to be read as "Employee"

(2) The compensation payable on death from the injury, is (i) minimum of Rs.80000
is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied
by the relevant factor.

(3) The compensation payable on Permanent Total Disablement from the injury, is
(i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages
of deceased multiplied by the relevant factor.

 (4) Definition of wages remains unaltered.

(5) For the purpose of claims settlement actual monthly wages have to be
calculated without ceiling of Rs.4000/- which will lead to multifold increase in claim
outgo. The maximum amount of claim compensation payable was Rs. 4.56 lakh in
the case of death and Rs. 5.48 lakh in the case of permanent total disablement.
*(Refer to table and calculation below).

With the ceiling of Rs.4000/- being removed, the claims outgo will increase.

(6) Definition of workmen replaced by "Definition of Employee"- also now includes

CLERICAL employees.

* Maximum claim outgo in case of death when ceiling of Rs.4000 was there is
calculated as below:

50% of 4000* 228.54 (if age of employee was 16 years from table below) =   Rs.4.56
lakhs        
 Form no: IQAC /10 (a)
 

Revised monthly wage ceiling limit of 50% of Rs.4000 increased to Rs.8000-

Employees Compensation Act for maximum compensation calculation.

Now, a new monthly wage-ceiling limit of Rs. 8000 is introduced for the purpose of
calculation of 50% of it during computation of Maximum compensation under the
Act. Hence, the maximum compensation can go UPTO 50% of 8000 which comes to
Rs. 4000/- that shall be multiplied by Age factor. Thus, effectively it was erstwhile
50% of Rs.4000 and now it is 50% of Rs.8000/-. This amendment is notified vide
Central Government Notification No. S.O. 1258(E) vide Ministry of Labour &
Employment dated 31st May 2010.

3) LATEST AMENDMENTS DONE IN INDUSTRIAL DISPUTES ACT, 1947:

ANSWER:

The Government has amended the Industrial Disputes Act, 1947 vide the
Industrial Disputes (Amendment) Act, 2010. The Act has been amended after a
series of tri-partite consultations inter alia to do away with the ambiguity in the
definition of Appropriate Government and series of Judgments of the Apex Court
interpreting the definition differently. The amended provisions have come into
force vide Notification No.2278 (E) dated 15.9.2010. The amended Act provides for
the following:
 The definition of term ‘appropriate Government’ has been amplified which
will eliminate all ambiguities in the interpretation of the definition of
‘appropriate Government’.
 Wage ceiling of the workers working in a supervisory capacity has been
enhanced from one thousand six hundred rupees per month to ten
thousand rupees per month. The wage ceiling has been enhanced to be in
consonance with the increase in wages of industrial workers and also to
bring about parity with other labour laws like Employees State Insurance
Act, 1948, Payment of Bonus Act, 1965 and Payment of Wages Act, 1936.
 The amended Act provide direct access for the workman to the Labour
Court or Tribunal in case of disputes arising out of Section 2-A pertaining to
retrenchment, discharge, dismissal or termination of services etc. Before
the present amendment, such a dispute could be adjudicated by CGIT-cum
LC only after a reference is made by the ‘appropriate Government’. As a
consequence of this amendment, the workman can directly approach the
CGIT-cum-LC after filing his grievance before the conciliation machinery to
resolve the issue within 45 days if the conciliation machinery fails to resolve
 Form no: IQAC /10 (a)
the issue. There will be no need for him to approach the ‘appropriate
Government’ for making a reference. This amendment has enabled the
aggrieved workman to choose the alternative of adjudication for resolution
of his dispute faster.
 The amended Act provides to establish a Grievance Redressal Machinery
(GRM) within industrial establishment having 20 or more workmen with one
stage appeal at the head of the establishment for resolution of disputes
arising out of individual grievances. With this amendment, the workman will
get one more alternative grievance redressal mechanism for the resolution
of his dispute within the organization itself with minimum necessity for
adjudication. The concept of GRM will in no way affect the right of the
workman to raise dispute on the same issue under the provision of
Industrial Disputes Act, 1947.
 The amended Act also provides to expand the scope of qualification of
Presiding Officers of CGIT-cum-LC by making officers of Central Labour
Service of the rank of Deputy Chief Labour Commissioner and State Labour
Department of the rank of Joint Labour Commissioner and officers of the
Indian Legal Service Gr.III eligible for the post of Presiding Officer in CGIT-
cum-LC. This will enable the Government to appoint the Presiding Officers
from wide range of eligible officers from the relevant field.
 The amended Act also provides to empower the Labour Court or Tribunal to
execute their awards, orders of settlements arrived at as a decree of a Civil
Court. This amendment will ensure better enforcement of the awards given
by CGITs-cum-LC.
 The amended Act empowers the Government to make rules to decide and
review the salaries and allowances and other terms and conditions for
appointment of Presiding Officers.