The State Government of Goa on October 12, 2020 has issued the Industrial Disputes (Goa Amendment) Act, 2020 to further amend the Industrial Disputes Act, 1947 as in force in the State of Goa. It shall be deemed to have come into force on June 26, 2020.
Following amendment have been made under the Industrial Disputes Act, 1947:-
• Amending Section 2A(i) the government has reduced the period for the filing of the industrial dispute before the conciliation officer to one year from three years.
• In Section 2A which specifies the tenure for raising the industrial dispute in front of the conciliation officer sub-section 4 has been inserted, “Notwithstanding anything contained in sub-sections (1), (2) and (3), no such dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be 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.’
• In Section 25F relating to conditions precedent to retrenchment of workmen clause (b) has been amended specifying that workman should be paid compensation at the time of retrenchment which shall be equivalent to 45 days.
• Section 25K which specifies the application of the chapter VB, the government has substituted it stating that the chapter VB shall not be applicable to the establishments in which less than 300 workmen were employed on an average per working day for the preceding 12 months.
• Further, a new Section 31 A has been inserted which specifies compounding of offences, namely “Any offence punishable under sections 25Q, 25R, 25U, 26, 27, 28, 29, 30A and subsections (1) and (2) of section 31 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”
• Section 25N(9), of the principal Act has been amended stating that if the permission for retrenchment has been granted every workman who is employed in that establishment immediately before the date of application for permission under this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to 45 days.
The Industrial Disputes (Goa Amendment) Ordinance, 2020 is hereby repealed.
[Notification no 7/17/2020-LA]
