Section 46 in The Maharashtra 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 therefor 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;(i)within the period provided for in the sub-section (1) of section 44 unless an agreement is arrived at;(ii)where no agreement is arrived at before the completion of the onciliation proceedings and during the period of ten days thereafter;(iii)where no settlement is arrived at, before the date on which the award of the arbitrator or the Industrial Court, or as the case may be, decision of the Wage Board, comes into operation.(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.(4)Any change made in contravention of the provisions of sub-section (1), (2) or (3) shall be illegal.(5)Failure to carry out the terms of any settlement, award registered agreement or effective order or decision of a Wage Board, a Labour Court or the Industrial Court affecting industrial matters shall be deemed to be an illegal change.
