The Tripura Industrial Disputes (Second Amendment) Ordinance, 2020

Sep 14, 2020 | by Avantis RegTech Legal Research Team

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Labour Compliance

The State Government of Tripura on August 21, 2020 has issued the Tripura Industrial Disputes (Second Amendment) Ordinance, 2020 to further amend the Tripura Industrial Disputes Act, 1947. 

The following amendments have been made

• Section 2A(3) which specifies the dismissal of an individual workman to be considered as an industrial dispute, has been substituted, namely:

“The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of one year from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).”

• A new Section 2A(4) has been inserted, which specifies that a dispute is not an industrial dispute if it’s not raised in front of the conciliation board, namely: 

“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.”

• A new Section 31A has been inserted, which specifies the compounding of offences, namely: 

“Any offence punishable under Sections 25Q, 25R, 25-U, 26, 27, 28, 29, 30A and Section 31(1) and (2) may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by such officer or authority as the State Government may, by notification in the official Gazette, specify in this behalf for such amount as specified in the table.”

• A new Section 36C has been inserted, which specifies the power of the State Government to exempt, namely: 

“Where the State Government is satisfied, in relation to any new industrial establishment or new undertaking or class of new industrial establishments or new undertakings that, it is necessary in the public interest to do so, it may, by notification in the official Gazette, exempt, conditionally or unconditionally, any such new establishment or new undertaking or class of new establishments or new undertakings from all or any of the provisions of this Act for a period of one thousand days from the date of the establishment of such new industrial establishment or new undertaking or class of new establishments or class of new undertakings, as the case may be.”

[Tripura Ordinance No. 05 of 2020]


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