29th October, 1987

 

An Act to amend the Industrial Disputes Act, 1947, in its application to West Bengal. WHEREAS it is expedient to amend the Industrial Disputes Act, 1947, in its application to West Bengal, for the purposes and in the manner hereinafter appearing; It is hereby enacted as follows :-

 

Section 1 Short title and commencement

 

(1) This Act may be called the Industrial Disputes (West Bengal Amendment) Act, 1986.

 

(2) It shall be deemed to have come into force on the 21st day of August, 1984.

 

Section 2 Application of the Act

 

The Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), shall, in its application to West Bengal, be amended for the purposes and in the manner hereinafter provided.

 

Section 3 Amendment of section 2 of Act 14 of 1947

 

In section 2 of the principal Act, in clause (s), after the words "or supervisory work", the words ", or any work for the promotion of sales," shall be inserted.

 

Section 4 Substitution of new section for section 15

 

For section 15 of the principal Act, the following section shall be substituted :-

"15. "Duties of Labour Courts, Tribunals and National Tribunals.-

 

(1) Where an industrial dispute has been referred to a National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2A) of section 10, submit its award to the appropriate Government.

(2) Where an industiral dispute has been referred to a Labour Court or Tribunal under sub-section (1) of section 10, it shall,-

(a) after the filing of statements and taking of evidence, give day to day hearing and pronounce its award, other determination or decision in the manner specified in section 17AA, and

(b) after hearing the parties to the dispute, determine, within a period of sixty days from the date of the order referring such industrial dispute or within such shorter period as may be specified in such order, the quantum of interim relief admissible, if any :

Provided that the quantum of interim relief shall, in the case of discharge, dismissal or retrenchment of a workman from service or termination of service of a workman, be equivalent to the subsistence allowance admissible under the West Bengal Payment of Subsistence Allowance Act, 1969.".