Duty to Give Notice under Section 9A of the Industrial Disputes Act, 1947: Critical Analysis of Case Laws
Volume IV, Issue I, 2021
Change in working condition is a common phenomenon that is very likely to be noticed in the industrial operation and the operative process in a particular industry and the establishment. This practice of first informing the employee about the working conditions and the changes that are thereby going to be introduced are for the purpose to bring in consonance a belief of joint unity so that there is more and more productivity generated in the industry as the workers and the employer are sharing a same feeling of belief and unity which leads to increment in profits. The practice which this particular section tries to acclaim and nurture in the faith of the section a natural justice principle which gives both the employer and the workmen working in the industrial establishment to know about the changes that are going to happen which shall affect the working condition or also the nature of the job of the workmen in the industrial establishment. Also, when a particular employer furnishes or gives a notice of this kind to the employee or the workers working therein, then it in the sense creates a feeling of unity and trust among the worker and the employer, which also helps for the smooth and successful administration of the company, also the new scheme will also be requiring changes. It should be never considered implied that the transfer of a particular employer can be made by the employer for the company started therein by the employer subsequent, also the employer of the corporation do not have any vested right in him. The said essential conditions that are mentioned under the paper and shall be discussed in details is mentioned under section 9A of the Industrial and Disputes Act of 1947. Also, in addition and coherence to the section of the act, Fourth Schedule of the act defines the entitlements on what issues the employer is free to make certain changes in the working condition of the workmen.
Keywords: Change in Working Condition, Industrial Establishment, Industrial Disputes Act,1947, Natural Justice, Notice..