‘NOTICE OF

CHANGE’
 NOTICE OF CHANGE
SECTION 9A
[IR CODE 2020: SECTION 40]
■ Employer proposes to effect in change in conditions of service
■ Matter specified in Schedule IV [IR CODE 2020: SCHEDULE III]
■ Shall give notice to workmen likely to be affected by such change
■ Not effect change within 21 days of giving notice
 FOURTH SCHEDULE
1. Wages, including the period and mode of payment;
2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the
workmen under any law for the time being in force;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting, alteration or discontinuance of shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8. Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are provided in
standing orders;
10. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of
workmen;
11. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any
occupation or process or department or shift, [not occasioned by circumstances over which the employer has no
control].]
 EXCEPTION
21 DAYS’ NOTICE
NOT REQUIRED

WHERE CHANGE IS
WORKMEN
EFFECTED IN
GOVERNED UNDER
PURSUANCE OF ANY
CIVIL SERVICE
SETTLEMENT OR
RULES, ETC.
AWARD

[IR CODE 2020] In case of emergent situation, which requires change of shift or shift working, otherwise than in
accordance with standing orders, in consultation with Grievance Redressal Committee

Change effected in accordance with orders of appropriate govt. Or in pursuance of any settlement or award
 Harmohinder Singh v Kharga Canteen, Ambala Cantt. AIR 2001 SC 2681
Supreme Court held that it is not necessary to give any notice to workman u/s 9A if the
matter does not fall under Schedule IV of the ID Act. If the subject-matter of the amended
Standing Order is not enlisted under Schedule IV and the Standing Order was duly intimated
to all its employees, who had also signed the same, then Section 9A is not applicable.
 Tata Iron and Steel Co. Ltd. V Workmen of TISCO AIR 1972 SC 1917
Real object and purpose of Section 9A is to afford an opportunity to the workmen to
consider the effect of a proposed change and, if necessary, to represent their view on the
proposal. ‘change in usage’ or ‘customary privilege’ – wide interpretation.
 POWER OF GOVT. TO EXEMPT
SECTION 9B
■ Appropriate govt.
■ Application of Section 9A may affect the employers so prejudicially that may cause
serious repercussion on the industry concerned
■ Public interest so requires
■ Notify in official gazette
■ Section 9A shall not apply or apply subject to conditions in the notification