2024 LLR WEB 39 (KARNATAKA HIGH COURT)
Conditions of service do not change when notice is given, but are affected only when the change is actually made

INDUSTRIAL DISPUTES ACT, 1947 - Section 9A - Condition of service - changing Leave encashment - Notice issued by Respondent-management under Section 9A of the Act, changing the leave encashment - High Court Held, object of Section 9A is to prevent an unilateral action on the part of the employer changing the condition of service to the prejudice of the workman - Condition of service effected only when the change is actually made - System of computation of vacation leave being part of the memorandum of settlement, the company earlier got issued Section 9A notice of changing the method of calculation - Employer when issues notice under Section 9A of Act, the employer under no obligation to wait a reference, which would be made at the instance of the workers before implementing the proposals contained in the notice - Petition not maintainable - Petition dismissed. Paras: 10, 11, 14, 18
CONSTITUTION OF INDIA - Article 226 - When a dispute relates to an enforcement of right or oblig... subscribe to read more..