NO NOTICE
NO CHANGE!
🔔
Notice of Change under Section 9A of the Industrial Disputes Act, 1947
📌 Introduction
In any industrial setup, the terms and conditions of employment play a crucial role in maintaining harmonious relations between employers and workers. Section 9A of the Industrial Disputes Act, 1947 lays down the legal framework for introducing changes in service conditions. This provision ensures that no unilateral change affecting workers is made without adequate prior notice.
📘 What is Section 9A?
Section 9A of the Industrial Disputes Act mandates that no employer shall effect any change in the conditions of service applicable to any workman without giving them a notice of at least 21 days, if the proposed change relates to any matter specified in the Fourth Schedule of the Act.
This notice acts as a cooling-off period to help workers understand the implications and to possibly raise objections or seek clarifications through legal or conciliatory channels.
📋 Fourth Schedule – Matters Requiring Notice
The Fourth Schedule lists specific conditions of service where prior notice is mandatory. These include:
- Wages (basic, DA, and other allowances)
- Working hours and shifts
- Leave policies and holidays
- Job transfers from one location or unit to another
- Promotions or demotions
- Withdrawal of customary concessions or privileges
- Changes in workload or job responsibilities
- Introduction of new rules that affect employment terms
👉 Any change in these matters requires a formal 21-day notice to be served to affected employees.
🚫 When is Notice Not Required?
Employers are not required to serve a notice under certain circumstances, such as:
-
Mutual agreement with employees or unions
-
Emergency situations (e.g., accident, natural calamity, breakdown)
-
Changes made to comply with any statutory obligation or law
📝 Format of Notice under Rule 69 – Form E
As per Rule 69 of the Industrial Disputes (Central) Rules, the notice under Section 9A must be issued in Form E, and must contain:
- Name and address of the employer
- Details of the proposed change
- Effective date (after 21 days)
- Signature of the employer or authorized representative
📌 Display Requirement: The notice should be displayed in a conspicuous place in the establishment.
📩 A copy of the notice must also be sent to the Conciliation Officer for information and record.
⚖️ Landmark Judgments
-
Air India vs. Nargesh Meerza (1981)
The Supreme Court held that any change in service conditions without complying with Section 9A is illegal. -
Rajasthan State Transport Corporation vs. Krishna Kant (1995)
Reaffirmed the mandatory nature of the notice and emphasized procedural fairness.
❗ Consequences of Non-Compliance
- The change made becomes invalid in the eyes of law
- May lead to an industrial dispute
- Employees or unions can approach the Labour Court or Industrial Tribunal
- Can attract penalties or adverse judgments against the employer
✅ Best Practices for Employers
- Always issue notice in Form E for any proposed change
- Give employees time to respond or seek conciliation
- Maintain transparency and documentation
- Engage in dialogue with unions or employee representatives when feasible
📌 Conclusion
Section 9A of the Industrial Disputes Act, 1947 acts as a vital safeguard to prevent arbitrary changes in service conditions. Employers must ensure compliance to avoid industrial unrest and legal complications. Proper issuance of notice promotes fairness, transparency, and industrial peace.
🧠 Section 9A, Industrial Disputes Act, notice of change, Fourth Schedule, Form E Rule 69, Labour Law India, service conditions, HR compliance, employment law India
Also visit - https://boardhr.blogspot.com/2020/08/notice-of-change-under-section-9a-of.html?showComment=1750763615833#c7116953882144321588 
No comments:
Post a Comment