Section 46 in The Gujarat Industrial Relations Act, 1946
46. Illegal change.
(1)No employer shall make any change in any standing order settled under Chapter VII without following the procedure prescribed thereof in this Act.(2)No employer shall make any change in any industrial matter mentioned in Schedule II-(ai)[ before giving notice of the change as required by the provisions of sub-section (1) of section 42;] [Clause (ai) was inserted by Bombay 63 of 1953, section 13(a).](i)within the period provided for in sub-section (1) of section 44 unless an agreement is arrived at;(ii)[ where no agreement is arrived at before the completion of the conciliation proceedings and during the period of ten days thereafter] [Clause (ii) was substituted for the original, by Bombay 63 of 1953, section 13(b).];(iii)where no settlement is arrived at, after two months from the date of the completion of the proceeding before the Conciliator;(iv)in case where there is a registered submission or in which the dispute has been referred to arbitration, before the date on which the award comes into operation;(v)[ in cases where such matter or a dispute regarding such matter has been referred to a Wage Board for decision, before the date on which the decision comes into operation.] [Clause (v) was inserted by Bombay 43 of 1948, section 7(i).](3)No employer shall make any such change in contravention of the terms of a settlement, [effective award, registered agreement or effective order or decision of a Wage Board] [These words were substituted for the original, by Bombay 43 of 1948, section 7(ii).].(5)Failure to carry out the terms of any settlement, award, [registered agreement or effective order or decision of a Wage Board] [These words were substituted for the original, by Bombay 43 of 1948, section 7(iii)], [a Labour Court or the Industrial Court affecting Industrial matter] [These words were inserted by Bombay 55 of 1949, section 9.] shall be deemed to be an illegal change.
