Amendment status not verified — confirm the current text below against the official source.
Notice of change.—No, employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,— (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or (b) within twenty-one days of giving such notice: Provided that no notice shall be required for effecting any such change— (a) where the change is effected in pursuance of any 2[settlement or award]; or (b) where the workmen likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply. Case Law Need for notice of change Refusal by Government to refer dispute regarding increase of rate of interest by Bank for loans to employees was held without jurisdiction and such increase attracted notice of change under section 9A. Although industrial dispute did exist but could not be adjudicated by Government under section 10 (1) read with section 12; Bank of India Employees’ Union v. Union of India, (2003) I LLJ Bom 171. Section 9A of the Act requires an employer to give notice in respect of any change in conditions of service which includes allowances also; Ram Swaroop Sharma v. Coal India Ltd., 1998 LLR 588. 1 Chapter 11A (containing sections 9A and 9B) ins. by Act 36 of 1956, Section 6 (w.e.f. 10.3. 1957). 2 Subs. by Act 46 of 1982, Section 6, for certain words (w.e.f. 21.8.1984). The Industrial Disputes Act, 1947 The State Bank of India imposed additional conditions for granting permission to award Staff to seek election to any public/civic body. Held, since the relevant rules had always prohibited the acceptance of office on public/civic bodies by the Award Staff without prior sanction of SBI, the imposition of additional conditions were not violative of section 9A of the Act as they were issued to ensure that the functioning of a Bank is free from political influences and favourism, and that the employees attend to their duties, during office hours; General Manager (Operations), State Bank of India v. State Bank of India Staff Union, (1998) 3 SCC 506.