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ENFORCEMENT OF LABOUR COURT AWARDS -CHANGES
Human Resources » Industrial Law & Discipline


Chrm Message From: rajanassociates Total Posts: 136 Join Date: 22/11/2010
Rank: Leader Post Date: 26/12/2010 01:26:32 Points: 680 Location: India
Dear All

Changes made by the recent amendments to Section 11 of the Industrial Disputes Act  –

Enforcing the Awards of Labour Court.these amendments came into force w.e.f mid September 2010.

In section 11 of the principal Act, after sub-section eight , the following sub-sections shall be inserted, namely:

“(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908

(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.”

By introduction of the provision the award of Labour Court / Tribunals is now additionally executable by a Civil Court. After the Labour Court/Tribunal passes the award it shall be transmitted to the Civil Court for execution. By this process both the moveable and immovable property of the Judgment Debtor i.e. the person/company against whom the award is passed can be attached. Also the Judgment Debtor can be arrested and put in prison. Earlier the awards were executed by the Revenue Recovery process alone.



With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocate & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634
 
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