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Union of India - Section

Section 2A in The Industrial Disputes Act, 1947

2A. [ Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. [ Inserted by Act 35 of 1965, Section 3 (w.e.f. 1.12.1965).]

(1)Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any 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 notwithstanding that no other workman nor any union of workmen is a party to the dispute. ]
(2)[ Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.
(3)The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).] [New sub-sections added by Act 24 of 2010 (w.e.f. 18.8.2010) ]
[Tripura].- In Section 2A of the Principal Act;-(i) in sub-section (3), the expression "three years", shall be substituted with the expression "one year",(ii) after sub-section (3), the following new sub-section shall be inserted, namely:-"(iv) Not withstanding anything contained in sub-section (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;Provided that an authority as may be specified by the State Government may condone the delay beyond such period of one year if the applicant workman satisfies the authority that he had sufficient cause for not raising the dispute within the period of one year."[Tripura Act No. 21 of 2020]