The Industrial Dispute (Andhra Pradesh Amendment) Act, 1987

1. (1) This Act may be called the Industrial Disputes (Andhra Pradesh Amendment) Act, 1987.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force at once.

In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), section 2A shall be numbered as sub-section

1. (1) thereof and after the sub-section, as so numbered, the following sub-section shall be inserted, namely:-
2. (2) Notwithstanding anything in section 10, any such workman as is specified in sub-section
3. (1) may make an application in the prescribed manner direct to the Labour Court for adjudication of the dispute referred to therein; and on receipt of such application, the Labour Court shall have jurisdiction to adjudicate upon any matter in the dispute, as if it were a dispute referred to or pending before it, in accordance with the provisions of this Act; and accordingly all the provisions of this Act, shall apply in relation to such dispute as they apply in relation to any other industrial dispute.

In clause

1. (b) of section 2A of the principal Act, for the words "within twenty-one days", the words "within forty-two days" shall be substituted.

After section 10A of the principal Act, the following section shall be inserted, namely:- 10B.

1. (1) Notwithstanding anything contained in this Act, if in the opinion of the State Government, it is necessary or expedient so to do, for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community or for maintaining employment or maintaining industrial peace, it may by a general or special order, make provision,-
   • (a) for requiring employers, workmen or both to observe for such period as may be specified in the order, such terms and conditions of employment as may be determined in accordance with the order; and
   • (b) for prohibiting, subject to the provisions of the order, strikes or lockouts generally or a strike or lockout in connection with any industrial dispute.
2. (2) In case any industrial dispute is raised in respect of any provision in the order of the State Government made under sub-section
3. (1) within a period of three months of the order, it shall be referred by the State Government for adjudication to an Industrial Tribunal or Labour Court and the order shall lapse when the award of the Tribunal or Labour Court becomes enforceable:

Power of Labour Court or Tribunal to execute its award as decree After section 11A of the principal Act, the following section shall be inserted, namely:-

6. Amendment of section 25 FFF In sub-section

1. (1) of section 25 FFF of the principal Act,-
   • (a) before the existing proviso, the following proviso shall be inserted, namely:- " Provided that the prior payment of compensation to the workman shall be a condition precedent to the closure of any undertaking";
   • (b) in the existing proviso for the words " provided that" the words "provide further that" shall be substituted. 7. Amendment of section 25 H Section 25H of the principal Act, shall be numbered as sub-section
2. (1) of that section and after sub-section
3. (1) as so numbered, the following sub-section shall be inserted, namely:-
4. (2) Where a closed unit is reopened the workmen on the roll of the unit at the time of its closure shall be given an opportunity to offer themselves for employment in the manner provided in sub-section (1). 8. Condition of reinstatement in service by an award of Labour Court or Tribunal After section 25H of the principal Act, the following section shall be inserted, namely:-

9. Penalty for failure to comply with an order issued under section 10B After section 29 of the principal Act, the following section shall be inserted, namely:-

Provided that the Court may, for reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than six months.

10. Amendment of section 33C In sub-section

1. (1) of section 33C of the principal Act, for the words "to the Collector who shall proceed to recover the same, in the same manner as an arrear of land revenue" the words "to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate having jurisdiction and the Chief Judicial Magistrate or the Chief Metropolitan Magistrate as the case may be, shall recover the same as if it were a fine imposed by such Magistrate" shall be substituted.