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Bare Acts

THE INDUSTRIAL DISPUTES ACT, 1947

Feature Image for the blog - THE INDUSTRIAL DISPUTES ACT, 1947
                         ACT NO. 14 OF 1947 1*
                          [11th March, 1947.]
An Act  to make  provision for  the investigation  and  settlement  of industrial disputes, and for certain other purposes.
     WHEREAS it  is expedient  to make provision for the investigation and settlement  of industrial disputes, and for certain other purposes hereinafter appearing;
     It is hereby enacted as follows:--
                              CHAPTER I
                             PRELIMINARY
1.
Short title, extent and commencement.
     1. Short  title, extent  and commencement.- (1) This  Act may  be
called the Industrial Disputes Act, 1947.

2*[(2) It extends to the whole of India:
3* * * * * (3) It shall come into force on the first day of April, 1947.

2.
Definitions.
     2. Definitions.- In this  Act, unless there is anything repugnant
in the subject or context,--
          (a) "appropriate Government" means--
                    (i)  in   relation  to   any  industrial   dispute
               concerning 4*** any industry carried on by or under the
               authority of the  Central  Government,  5***  or  by  a
               railway  company 6*[or  concerning any  such controlled
               industry as may  be specified  in this  behalf  by  the
               Central Government] 7*** or in relation to an industrial
               dispute concerning 8*[9*[10*

--------------------------------------------------------------------- 1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, to Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963 and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch.

  1. 2.    Subs. by Act 36 of 1956, s. 2, for the former sub-section (w.e.f.
         29-8-1956).
    
  2. 3.    Proviso omitted  by Act  51 of  1970, s.  2 and Sch. (w.e.f. 1-9-
         1971).
    
  3. 4.    Certain words  and figures  inserted by Act 10 of 1963, s. 47 and
         Sch. II,  Pt. II have been omitted by Act 36 of 1964, s. 2 (w.e.f.
         19-12-1964).
    
  4. 5.    The words "by the Federal Railway Authority" omitted by the A. O.
         1948.
    

2

6.   Ins. by Act 65 of 1951, s. 32.
7.   The words  "operating a  Federal Railway"  omitted by  the A.  O.
     1950.
8.   Ins. by  Act 47  of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1-
     1962).
9.   Subs. by  Act 36  of 1964,  s.  2,  for  "the  Deposit  Insurance
     Corporation established" (w.e.f. 19-12-1964).
10.  Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).

146

[a Dock Labour Board established under section 5A of the Dock  Workers
(Regulation  of  Employment)  Act, 1948 (9 of 1940), or the Industrial
Finance Corporation of  India  established  under  section  3  of  the
Industrial  Finance  Corporation  Act,  1948  (15  of  1948),  or  the
Employees' State Insurance Corporation established under section 3  of
the Employees' State Insurance Act, 1948 (34 of 1948), or the Board of
Trustees constituted under section 3A of the Coal Mines Provident Fund
and  Miscellaneous  Provisions  Act, 1948( 46 of 1948), or the Central
Board of Trustees and the State Boards of Trustees  constituted  under
section  5A  and section 5B, respectively, of the Employees' Provident
Fund and Miscellaneous Provisions Act,  1952  (19  of  1952),  or  the
"Indian  Airlines"  and  "Air  India"  Corporations  established under
section 3 of the Air Corporations Act, 1953 (27 of 1953), or the  Life
Insurance Corporation of India established under section 3 of the Life
Insurance  Corporation  Act, 1956 (31 of 1956), or the Oil and Natural
Gas Commission established under section 3 of the Oil and Natural  Gas
Commission Act, 1959 (43 of 1959), or the Deposit Insurance and Credit
Guarantee  Corporation  established  under  section  3  of the Deposit
Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961),  or
the Central Warehousing Corporation established under section 3 of the
Warehousing  Corporations Act, 1962 (58 of 1962), or the Unit Trust of
India established under section 3 of the Unit Trust of India Act, 1963
(52 of 1963), or the  Food  Corporation  of  India  established  under
section  3,  or  a  Board  of  Management  established for two or more
contiguous States under section 16, of the Food Corporations Act, 1964
(37 of  1964),  or  the  International  Airports  Authority  of  India
constituted under section 3 of the International Airports Authority of
India  Act,  1971  (48  of 1971), or a Regional Rural Bank established
under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or
the Export Credit and Guarantee Corporation Limited or the  Industrial
Reconstruction Bank of India 2* [the National Housing Bank established
under  section  3  of the National Housing Bnak Act, 1987 (53 of 1987)
or] 3*[a banking or an insurance company, a mine, an oil-field] 4*[, a
Cantonment Board,] or a major port, the Central Government, and
(ii) in  relation to  any other industrial dispute, the
          State Government;
     4*[(aa) "arbitrator" includes an umpire;]
     5*[6*[(aaa)] "average pay" means the average of the wages payable
          to a workman--
               (i) in  the case  of monthly paid workman, in the three
                    complete calendar months,

--------------------------------------------------------------------- 1. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Ins. by Act 53 of 1987, s. 56 and Sch. II (w.e.f. 9-7-1988). 3. Subs. by Act 54 of 1949, s. 3, for "a mine, oil-field".

4.  Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
5.  Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
6.  Cl. (aa)  relettered as  "(aaa)" by  Act 36 of 1964, s. 2 (w.e.f.
    19-12-1964).
147
               (ii) in  the case  of weekly  paid workman, in the four
          complete weeks,
               (iii) in  the case of daily paid workman, in the twelve
          full working days,

148

3

          preceding the  date on which the average pay becomes payable
               if the  workman had  worked for three complete calendar
               months or  four complete  weeks or  twelve full working
               days, as  the case  may be,  and where such calculation
               cannot be  made, the average pay shall be calculated as
               the average  of the  wages payable  to a workman during
               the period he actually worked;]
          1*[(b) "award"  means an interim or a final determination of
               any industrial  dispute or  of  any  question  relating
               thereto by  any Labour  Court, Industrial  Tribunal  or
               National   Industrial    Tribunal   and   includes   an
               arbitration award made under section 10A;]
          2*[(bb) "banking company" means a banking company as defined
               in section 5 of the Banking Companies Act, 1949  (10 of
               1949), having  branches or other establishments in more
               than one  State, and includes 3*[the Export-Import Bank
               of India  4*[,the  Industrial  Reconstruction  Bank  of
               India,] 5*[the  Industrial Development  Bank of India,]
               6*[the  Small  Industries  Development  Bank  of  India
               established under  section 3  of the  Small  Industries
               Development Bank  of India Act, 1989 (39 of 1989),] the
               Reserve  Bank of India,  the State  Bank of  India 7*[a
               corresponding new bank constituted under section  3  of
               the   Banking  Companies (Acquisition  and Transfer  of
               Undertakings)    Act,   1970   (5   of   1970),    8*[a
               corresponding  new   bank  constituted under  section 3
               of  the   Banking  Companies (Acquisition and  Transfer
               of  Undertakings)  Act,  1980  (40 of  1980),  and  any
               subsidiary bank]]  as defined  in  the  State   Bank of
               India (Subsidiary Banks) Act, 1959 (38 of 1959);]
           (c) "Board"  means a Board of Conciliation constituted under
               this Act;
     9*[(cc) "closure"  means the permanent closing down of a place of
employment or part thereof;]
          (d) "conciliation  officer"  means  a  conciliation  officer
               appointed under this Act;
          (e) "conciliation proceeding" means any proceeding held by a
               conciliation officer or Board under this Act;

--------------------------------------------------------------------- 1. Subs. by Act 36 of 1956, s. 3, for cl. (b) (w.e.f. 10-3-1957). 2. Subs. by Act 38 of 1959, s. 64 and Sch. III, Pt. II, for cl. (bb)

     which was ins. by Act 54 of 1949, s. 3.
3.   Ins. by Act 28 of 1981, s. 40 and Sch. II (w.e.f. 1-1-1982).
4.   Ins.  by Act 62 of 1984, s. 71 and Sch.  III (w.e.f. 20-3-1985).
5.   Ins. by Act 18  of 1964, s. 38 and Sch. II, Pt. II (w.e.f. 1-7-
     1964).
6.  Ins.  by Act 39 of 1989, s.  53 and 2nd Sch.   (w.e.f. 7-3-1990).
7.  Subs.  by Act 5 of 1970, s.  20, for "and any subsidiary bank"
    (w.e.f.  19-7-1969).
8.  Subs.  by Act 40 of 1980, s.  20 (w.e.f.  15-4-1980).
9.  Ins.  by Act 46 of 1982, s.  2 (w.e.f.  21-8-1984).
     1*[(ee) "controlled industry" means any industry the control
          of which  by the Union has been declared by any Central
          Act to be expedient in the public interest;]

2* * * * *

     (f) "Court"  means a Court of Inquiry constituted under this
          Act;
     (g) "employer" means--
               (i) in  relation to  an industry  carried on by or
          under the authority of any department of 3*[the Central

4

               Government  or   a  State  Government],  the  authority
               prescribed in  this behalf,  or where  no authority  is
               prescribed, the head of the department;
                    (ii) in  relation to  an industry carried on by or
               on behalf  of a  local authority,  the chief  executive
               officer of that authority;
          4*[(gg) "executive", in relation to a trade union, means the
               body, by  whatever name called, to which the management
               of the affairs of the trade union is entrusted;]

5* * * * *

          (i) a  person shall  be deemed  to be  "independent" for the
               purpose of  his appointment  as the  chairman or  other
               member  of  a  Board,  Court  or  Tribunal,  if  he  is
               unconnected with  the industrial  dispute  referred  to
               such Board,  Court or  Tribunal or  with  any  industry
               directly affected by such dispute:
          6*[Provided that  no person shall cease to be independent by
               reason only  of the fact that he is a shareholder of an
               incorporated company which is connected with, or likely
               to be affected by, such industrial dispute; but in such
               a case, he shall disclose to the appropriate Government
               the nature and extent of the shares held by him in such
               company;]
          7*[(j) "industry"  means any  systematic activity carried on
               by co-operation  between an  employer and  his  workmen
               (whether such  workmen are  employed by  such  employer
               directly or  by or  through  any  agency,  including  a
               contractor) for  the production, supply or distribution
               of goods or services with a view to satisfy human wants
               or wishes  (not being  wants or wishes which are merely
               spiritual or religious in nature), whether or not,--
                    (i) any  capital has been invested for the purpose
               of carrying on such activity; or
                    (ii) such  activity is carried on with a motive to
               make any gain or profit,
      and includes--
                    (a)  any   activity  of   the  Dock  Labour  Board
               established  under  section  5A  of  the  Dock  Workers
               (Regulation of Employment) Act, 1948 (9 of 1948);
                    (b) any  activity relating  to  the  promotion  of
               sales  or   business  or   both  carried   on   by   an
               establishment.
      but does not include--
     (1) any  agricultural operation  except where  such  agricultural
operation is  carried on  in  an  integrated  manner  with  any  other
activity (being  any such  activity as is referred to in the foregoing
provisions of  this clause) and such other activity is the predominant
one.
     Explanation.--For the  purposes of this sub-clause, "agricultural
operation" does not include any activity carried on in a plantation as
defined in  clause (f)  of section  2 of  the Plantations  Labour Act,
1951 (69 of 1951); or
     (2) hospitals or dispensaries; or
     (3) educational,  scientific, research  or training institutions;
or
     (4) institutions  owned or  managed by  organisations  wholly  or

149

5

substantially engaged  in  any  charitable,  social  or  philanthropic
service; or
     (5) khadi or village industries; or
     (6) any  activity of  the Government  relatable to  the sovereign
functions of the Government including all the activities carried on by
the  departments  of  the  Central  Government  dealing  with  defence
research, atomic energy and space; or
     (7) any domestic service; or
     (8) any  activity, being  a profession practised by an individual
or body  or individuals,  if the  number of  persons employed  by  the
individual or  body of  individuals in  relation to such profession is
less than ten; or

(9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten;] --------------------------------------------------------------------- 1. Ins. by Act 65 of 1951, s. 32.
2. Cl. (eee) ins. by Act 43 of 1953, s. 2 omitted by Act 36 of 1964,

     s. 2 (w.e.f. 19-12-1964).
3.   Subs. by the A. O. 1948, for "a Government in British India".
4.   Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
5.   Cl. (h) omitted by the A. O. 1950.
6.   Ins. by Act 18 of 1952, s. 2.
7.   Subs. by Act 46 of 1982, s. 2 (w.e.f. -------).
(k) "industrial  dispute" means  any dispute  or  difference
     between employers  and employers  or between  employers
     and workmen,  or between  workmen and workmen, which is
     connected with  the employment or non-employment or the
     terms of  employment or  with the conditions of labour,
     of any person;
1*[(ka) "industrial  establishment or  undertaking" means an
     establishment or  undertaking in  which any industry is
     carried on:
     Provided that  where several  activities are  carried  on  in  an
establishment or  undertaking and  only one or some of such activities
is or are an industry or industries, then,--
          (a)  if  any  unit  of  such  establishment  or  undertaking
               carrying  on   any  activity,  being  an  industry,  is
               severable  from   the  other  unit  or  units  of  such
               establishment or undertaking, such unit shall be deemed
               to  be   a   separate   industrial   establishment   or
               undertaking;
          (b) if  the predominant  activity or each of the predominant
               activities  carried   on  in   such  establishment   or
               undertaking or  any unit thereof is an industry and the
               other activity  or each of the other activities carried
               on in such establishment or undertaking or unit thereof
               is not  severable from  and  is,  for  the  purpose  of
               carrying  on,  or  aiding  the  carrying  on  of,  such
               predominant  activity   or   activities,   the   entire
               establishment or  undertaking or,  as the  case may be,
               unit thereof  shall  be  deemed  to  be  an  industrial
               establishment or undertaking;]
          2*[(kk) "insurance  company" means  an insurance  company as
               defined in  section 2 of the Insurance Act, 1938  (4 of
               1938), having  branches or other establishments in more
               than one State ;]
     1*[(kka) "khadi"  has the meaning assigned to it in clause (d) of

150-150A

6

section 2  of the  Khadi and Village Industries Commission  Act,  1956
(61 of 1956);]
     3*[(kkb)] "Labour Court" means  a Labour  Court constituted under
section 7:]
          4*[(kkk) "lay-off"  (with  its  grammatical  variations  and
               cognate expressions)  means  the  failure,  refusal  or
               inability of  an employer  on account  of  shortage  of
               coal, power  or raw  materials or  the accumulation  of
               stocks or  the breakdown  of  machinery  5*[or  natural
               calamity or  for any  other connected  reason] to  give
               employment to  a workman  whose name  is borne  on  the
               muster rolls  of his  industrial establishment  and who
               has not been retrenched.
          Explanation.--Every workman  whose  name  is  borne  on  the
               muster rolls  of the  industrial establishment  and who
               presents himself  for work  at the establishment at the
               time appointed  for the  purpose during  normal working
               hours on  any day  and is  not given  employment by the
               employer within  two hours of his so presenting himself
               shall be  deemed to  have been  laid-off for  that  day
               within the meaning of this clause:
          Provided  that  if  the  workman,  instead  of  being  given
               employment at the commencement of any shift for any day
               is asked  to present himself for the purpose during the
               second half  of the  shift for  the day  and  is  given
               employment then,  he shall be deemed to have been laid-
               off only for one-half of that day:
          Provided further that if he is not given any such employment
               even after  so presenting  himself,  he  shall  not  be
               deemed to have been laid-off for the second half of the
               shift for  the day  and shall be entitled to full basic
               wages and dearness allowance for that part of the day;]

--------------------------------------------------------------------- 1. Ins. by Act 46 of 1984 s. 2 (w.e.f. 21-8-1984).
2. Ins.byAct54of1949,s.3.
3. Relettered by Act 46 of 1984, s. 2 (w.e.f. 21-8-1984).

4.  Ins. by Act 43 of 1953, s.  2 (w.e.f.  24-10-1953).
5.  Subs. by Act 46 of 1984, s. 2 (w.e.f. 21-8-1984).
(l) "lock-out"  means the 1*[temporary closing of a place of
     employment] or  the suspension  of work, or the refusal
     by an  employer to  continue to  employ any  number  of
     persons employed by him;
2*[(la) "major port" means a major port as defined in clause
     (8) of  section 3 of the Indian Ports Act, 1908 (15 of
     1908);
(lb) "mine"  means a  mine as  defined in clause (j) of sub-
     section (1)  of section  2 of the Mines Act, 1952 (35
     of 1952)];
3*[(ll) "National  Tribunal"  means  a  National  Industrial
     Tribunal constituted under section 7B;]
4*[(lll) "office  bearer", in relation  to  a   trade union,
    includes any  member  of the executive thereof, but does
    not include an auditor;]
(m) "prescribed"  means prescribed  by rules made under this
     Act;
(n) "public utility service" means--
          (i)  any   railway  service  2*[or  any  transport
     service for the carriage of passengers or goods by air];

7

                    4*[(ia) any  service in, or in connection with the
              working of, any major port or dock;]
                    (ii) any  section of  an industrial establishment,
               on the working of which the safety of the establishment
               or the workmen employed therein depends;
                    (iii) any postal, telegraph or telephone service;
                    (iv) any  industry which  supplies power, light or
                water to the public;
                    (v)  any   system   of   public   conservancy   or
                sanitation;
                    (vi)  any   industry  specified  in  the  4*[First
                Schedule]  which  the  appropriate  Government may, if
                satisfied that public emergency or public interest  so
                requires,  by  notification  in the  Official Gazette,
                declare to be a public utility service for the purposes
                of this Act, for such period as may be specified in the
                notification:
               Provided that the period so specified shall not, in the
          first instance, exceed six months but may, by a like noti-

--------------------------------------------------------------------- 1. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
3. Ins. by Act 36 of 1956, s. 3 (w.e.f. 10-3-1957).

4.   Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
5.   Subs. by  Act 36  of 1964,  s. 2,  for "Schedule"  (w.e.f. 19-12-

1964). 150B

               fication, be  extended from time to time, by any period
               not exceeding  six months,  at any  one time  if in the
               opinion of  the appropriate Government public emergency
               or public interest requires such extension;
          (o) "railway  company" means a railway company as defined in
               section 3  of the  Indian Railways  Act,  1890   (9  of
               1890);
          1*[(oo) "retrenchment  means the termination by the employer
               of the  service of a workman for any reason whatsoever,
               otherwise than  as a  punishment inflicted  by  way  of
               disciplinary action, but does not include--
                    (a) voluntary retirement of the workman; or
                    (b) retirement  of the workman on reaching the age
               of superannuation if the contract of employment between
               the employer  and  the  workman  concerned  contains  a
               stipulation in that behalf; or
                    2*[(bb) termination of the service of the  workman
              as a  result  of  the  non-renewal  of  the  contract of
              employment  between  the  employer  and   the    workman
              concerned   on its  expiry  or  of such  contract  being
              terminated  under a stipulation in that behalf contained
              therein; or]
                    (c) termination of the service of a workman on the
               ground of continued ill-health;]
          3*[(p) "settlement"  means a  settlement arrived  at in  the
               course  of   conciliation  proceeding  and  includes  a
               written agreement  between  the  employer  and  workmen
               arrived at otherwise than in the course of conciliation
               proceeding where  such agreement has been signed by the
               parties thereto in such manner as may be prescribed and
               a copy

--------------------------------------------------------------------- 1. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
2. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984).
3. Subs. by Act 36 of 1956, s. 3, for cl. (p) (w.e.f. 7-10-1956).

151

8

     thereof has  been sent  to 1*[an  officer authorised in
     this behalf  by] the  appropriate  Government  and  the
     conciliation officer;]
(q) "strike"  means a cessation of work by a body of persons
     employed in  any industry  acting in  combination or  a
     concerted  refusal,   or  a   refusal  under  a  common
     understanding, of any number of persons who are or have
     been so  employed to  continue to  work  or  to  accept
     employment;
2*[(qq) "trade  union" means  a trade union registered under
     the Trade Unions Act, 1926 (16 of 1926);]
3*[(r) "Tribunal"  means an  Industrial Tribunal constituted
     under section  7A and  includes an  Industrial Tribunal
     constituted before  the 10th  day of March, 1957, under
     this Act;]
2*[(ra) "unfair  labour practice" means any of the practices
     specified in the Fifth Schedule;
(rb) "village  industries" has the meaning assigned to it in
     clause (h)  of section  2  of  the  Khadi  and  Village
     Industries Commission Act, 1956 (61 of 1956) ;]
4*[(rr) "wages"  means all  remuneration  capable  of  being
     expressed in  terms of money, which would, if the terms
     of employment, expressed or implied, were fulfilled, be
     payable to a workman in respect of his employment or of
     work done in such employment, and includes--
          (i) such allowances (including dearness allowance)
     as the workman is for the time being entitled to;
          (ii) the  value of  any house accommodation, or of
     supply of  light, water,  medical attendance  or  other
     amenity or of any service or of any concessional supply
     of food-grains or other articles;
          (iii) any travelling concession;
          2*[(iv) any commission payable  on  the  promotion
     of sales  or business or both;]
but does not include--
          (a) any bonus;
          (b)  any  contribution  paid  or  payable  by  the
employer to  any pension  fund or  provident fund or for the
benefit of  the workman  under any law for the time being in
force;
          (c) any gratuity payable on the termination of his
service;]
     5*[(s) "workman"  means  any  person  (including  an  apprentice)
employed in  any  industry  to  do  any  manual,  unskilled,  skilled,
technical, operational,  clerical or  supervisory  work  for  hire  or
reward, whether the terms of employment be express or implied, and for
the purposes  of any  proceeding under  this Act  in  relation  to  an
industrial dispute,  includes any  such person who has been dismissed,
discharged or  retrenched in  connection with, or as a consequence of,

9

that dispute,  or whose  dismissal, dischasrge or retrenchment has led
to that dispute, but does not include any such person--
          (i) who is subject to the Air Force Act, 1950 (45 of  1950),
               or the  Army Act,  1950 (46 of 1950),  or the Navy Act,
               1957 (62 of 1957); or
          (ii) who  is employed in the police service or as an officer
               or other employee of a prison; or
          (iii)  who   is  employed   mainly  in   a   managerial   or
               administrative capacity; or
          (iv) who,  being employed  in a  supervisory capacity, draws
               wages exceeding  one thousand  six hundred  rupees  per
               mensem or exercises, either by the nature of the duties
               attached to  the office  or by  reason  of  the  powers
               vested  in   him,  functions  mainly  of  a  managerial
               nature.

--------------------------------------------------------------------- 1. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965).
2. Ins. and Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 3. Subs. by Act 18 of 1957, s. 2, for cl. (r) (w.e.f. 10-3-1957). 4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).

5.   Subs. by Act 46 of 1982, s. 2 (w. e. f. 21-8-1984).
152

2A.

Dismissal, etc.,  of an  individual workman  to be  deemed  to  be
anindustrial dispute.
     1*[2A. Dismissal, etc., of an individual workman to be deemed to
be an  industrial dispute.- Where any  employer discharges, dismisses,
retrenches, or  otherwise terminates  the services  of  an  individual
workman, any  dispute or  difference  between  that  workman  and  his
employer connected with, or arising out of, such discharge, dismissal,
retrenchment or  termination shall  be  deemed  to  be  an  industrial
dispute notwithstanding that no other workman nor any union of workmen
is a party to the dispute.]
                              CHAPTER II
                      AUTHORITIES UNDER THIS ACT
3.
Works Committee.

3. Works Committee.- (1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the --------------------------------------------------------------------- 1. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965).

153

employer. The  representatives of  the workmen  shall be chosen in the
prescribed manner  from among the workmen engaged in the establishment
and in  consultation with  their trade union, if any, registered under

10

the Indian Trade Unions Act, 1926 (16 of 1926).
     (2) It  shall be  the duty  of the  Works  Committee  to  promote
measures for  securing and preserving amity and good relations between
the employer  and workmen and, to that end, to comment upon matters of
their common interest or concern and endeavour to compose any material
difference of opinion in respect of such matters.
4.
Conciliation officers.
     4. Conciliation officers.- (1) The appropriate Government may, by
notification in  the Official  Gazette, appoint such number of persons
as it thinks fit, to be conciliation officers, charged with the duty of
mediating in and promoting the settlement of industrial disputes.
     (2) A  conciliation officer may be appointed for a specified area
or for  specified industries  in a  specified area  or for one or more
specified industries and either permanently or for a limited period.
5.
Boards of Conciliation.
     5. Boards of Conciliation.- (1) The appropriate Government may as
occasion arises  by notification  in the Official Gazette constitute a
Board of  Conciliation for  promoting the  settlement of an industrial
dispute.
     (2) A  Board shall  consist of  a chairman  and two or four other
members, as the appropriate Government thinks fit.
     (3) The  chairman shall  be an  independent person  and the other
members shall  be persons  appointed in equal numbers to represent the
parties to  the dispute  and any person appointed to represent a party
shall be appointed on the recommendation of that party:
     Provided that,  if any  party fails  to make  a recommendation as
aforesaid within the prescribed time, the appropriate Government shall
appoint such persons as it thinks fit to represent that party.
     (4)  A   Board,   having   the   prescribed   quorum,   may   act
notwithstanding the  absence of  the chairman or any of its members or
any vacancy in its number:
     Provided that  if the  appropriate Government  notifies the Board
that the  services of  the chairman or of any other member have ceased
to be  available, the  Board shall  not act  until a  new chairman  or
member, as the case may be, has been appointed.
6.
Courts of Inquiry.
     6. Courts  of Inquiry.- (1) The  appropriate  Government  may  as
occasion arises  by notification  in the Official Gazette constitute a
Court of  Inquiry for  inquiring  into  any  matter  appearing  to  be
connected with or relevant to an industrial dispute.

154

     (2) A  Court may  consist of  one independent  person or  of such
number of  independent persons as the appropriate Government may think
fit and  where a  Court consists  of two  or more members, one of them
shall be appointed as the chairman.

11

     (3)  A   Court,   having   the   prescribed   quorum,   may   act
notwithstanding the  absence of  the chairman or any of its members or
any vacancy in its number:
     Provided that,  if the  appropriate Government notifies the Court
that the  services of  the chairman  have ceased  to be available, the
Court shall not act until a new chairman has been appointed.
7.
Labour Courts.
     1*[7. Labour Courts.- (1)  The  appropriate  Government  may,  by
notification in  the Official  Gazette, constitute  one or more Labour
Courts for  the adjudication  of industrial  disputes relating  to any
matter specified  in the Second Schedule and for performing such other
functions as may be assigned to them under this Act.
     (2) A  Labour Court  shall consist  of  one  person  only  to  be
appointed by the appropriate Government.
     (3) A  person shall  not be  qualified  for  appointment  as  the
presiding officer of a Labour Court, unless--
          2*[(a) he is, or has been, a Judge of a High Court; or
          (b) he  has, for a period of not less than three years, been
               a District Judge or an Additional District Judge; or

3* * * * *

          4*[(d)] he  has held  any judicial  office in  India for not
               less than seven years; or
          4*[(e)] he  has been the presiding officer of a Labour Court
               constituted under  any Provincial  Act or State Act for
               not less than five years.
7A.
Tribunals.

7A. Tribunals.- (1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule 5*[and for performing such other functions as may be assigned to them under this Act]. --------------------------------------------------------------------- 1. Subs. by Act 36 of 1956, s. 4, for s. 7 (w.e.f. 10-3-1957).

2.   Ins. by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
3.   Omitted by Act 46 of 1982, s.  3 (w.e.f.  21-8-1984).
4.   Clauses (a)  and (b) relettered as (d) and (e) respectively   by
     Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
5    Ins. by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).

155

     (2) A  Tribunal shall  consist of one person only to be appointed
by the appropriate Government.
     (3) A  person shall  not be  qualified  for  appointment  as  the
presiding officer of a Tribunal unless--
          (a) he is, or has been, a Judge of a High Court; or
          1*[(aa) he  has, for  a period of not less than three years,
               been a  District Judge or an Additional District Judge;
               2*xxx]

2* *

* * *

12

      (4) The  appropriate Government may, if it so thinks fit, appoint
 two persons  as assessors  to advise  the Tribunal  in the  proceeding
 before it.
 7B.
 National Tribunals.
      7B. National  Tribunals.- (1)  The  Central  Government  may,  by
 notification in  the Official Gazette, constitute one or more National
 Industrial Tribunals  for  the  adjudication  of  industrial  disputes
 which, in  the opinion of the Central Government, involve questions of
 national  importance   or  are   of  such  a  nature  that  industrial
 establishments situated  in more  than one  State  are  likely  to  be
 interested in, or affected by, such disputes.
      (2) A  National Tribunal  shall consist  of one person only to be
 appointed by the Central Government.
      (3) A  person shall  not be  qualified  for  appointment  as  the
 presiding officer of a National Tribunal 3*[unless he is, or has been,
 a Judge of a High Court].
      (4) The  Central Government may, if it so thinks fit, appoint two
 persons as assessors to advise the National Tribunal in the proceeding
 before it.

7C.

 Disqualifications  for   the  presiding  officers  of  Labour
Courts,Tribunals
 and National Tribunals.
      7C.  Disqualifications  for  the  presiding  officers  of  Labour
 Courts, Tribunals and National Tribunals.-No person shall be appointed
 to, or  continue in,  the office  of the presiding officer of a Labour
 Court, Tribunal or National Tribunal, if--
           (a) he is not an independent person; or

(b) he has attained the age of sixty-five years.] --------------------------------------------------------------------- 1. Ins. by Act 36 of 1964, s. 4 (w.e.f. 19-12-1964).
2. Omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
3. Subs. by s. 5, ibid (w.e.f. 21-8-1984).

156

 8.
 Filling of vacancies.
      1*[8. Filling  of vacancies.- If, for any reason a vacancy (other
 than a  temporary absence)  occurs in  the  office  of  the  presiding
 officer of  a Labour  Court, Tribunal  or National  Tribunal or in the
 office of  the chairman or any other member of a Board or Court, then,
 in the  case of a National Tribunal, the Central Government and in any
 other case,  the appropriate  Government, shall appoint another person
 in accordance with the provisions of this Act to fill the vacancy, and
 the proceeding  may be  continued before  the Labour  Court, Tribunal,
 National Tribunal,  Board or Court, as the case may be, from the stage
 at which the vacancy is filled.

157

13

9.
Finality of orders constituting Boards, etc.
     9. Finality  of orders constituting Boards, etc.- (1) No order of
the appropriate Government or of the Central Government appointing any
person as  the chairman  or any other member of a Board or Court or as
the presiding officer of a Labour Court, Tribunal or National Tribunal
shall be  called in  question in  any manner; and no act or proceeding
before any Board or Court shall be called in question in any manner on
the ground merely of the existence of any vacancy in, or defect in the
constitution of, such Board or Court.
     (2) No  settlement arrived  at in  the course  of a  conciliation
proceeding shall  be invalid  by reason  only of  the fact  that  such
settlement was  arrived at  after the expiry of the period referred to
in sub-section  (6) of section 12 or sub-section (5) of section 13, as
the case may be.
     (3) Where  the report  of any settlement arrived at in the course
of conciliation  proceeding before  a Board  is signed by the chairman
and all  the other  members of  the Board, no such settlement shall be
invalid by  reason only  of the casual or unforeseen absence of any of
the members  (including the chairman) of the Board during any stage of
the proceeding.]
                            2*[CHAPTER IIA
                           NOTICE OF CHANGE
9A.
Notice of change.
     9A. 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

---------------------------------------------------------------------

  1. 1.    Subs. by  Act 36  of 1956,  s. 5,  for ss.  8 and 9 (w.e.f. 10-3-
    

    1957).

  2. 2.    Ins. by s. 6, ibid. (w.e.f. 10-3-1957).
    
(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
     1*[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

10.

14

                in the Official Gazette, apply.
 9B.
 Power of Government to exempt.
      9B.  Power   of  Government  to  exempt.- Where  the  appropriate
 Government is  of opinion  that the  application of  the provisions of
 section 9A  to any  class of industrial establishments or to any class
 of  workmen  employed  in  any  industrial  establishment  affect  the
 employers in  relation thereto  so prejudicially that such application
 may cause  serious repercussion  on the  industry concerned  and  that
 public interest  so  requires,  the  appropriate  Government  may,  by
 notification in  the Official  Gazette, direct  that the provisions of
 the said  section shall  not apply  or shall  apply, subject  to  such
 conditions as  may be  specified in the notification, to that class of
 industrial establishments  or to that class of workmen employed in any
 industrial establishment.]
                             3*[CHAPTER IIB
    REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT
                              AUTHORITIES

9C.

 Setting up  of  Grievance  Settlement  Authorities  and  reference
ofcertain
 individual disputes to such authorities.
      9C. Setting  up of Grievance Settlement Authorities and reference
 of certain  individual disputes  to such authorities.-(1) The employer
 in relation  to every  industrial establishment in which fifty or more
 workmen are employed or have been employed on any day in the preceding
 twelve months, shall provide for, in accordance with the rules made in
 that behalf  under this  Act, a Grievance Settlement Authority for the
 settlement of industrial disputes connected with an individual workman
 employed in the establishment.
      (2) Where  an industrial  dispute connected  with  an  individual
 workman arises  in an  establishment referred to in sub-section (1), a
 workman or  any trade  union of  workmen of  which such  workman is  a
 member, refer, in such manner as may be prescribed such dispute to the
 Grievance Settlement Authority provided for by the employer under that
 sub-section for settlement.
      (3) The Grievance Settlement Authority referred to in sub-section
 (1) shall  follow such  procedure and  complete its proceedings within
 such period as may be prescribed.
      (4) No  reference shall be made under Chapter III with respect to
 any dispute  referred to  in this section unless such dispute has been
 referred to  the Grievance  Settlement  Authority  concerned  and  the
 decision of  the Grievance  Settlement Authority  is not acceptable to
 any of the parties to the dispute.]
                    CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS

15

Reference of disputes to Boards, Courts or Tribunals.
     10. Reference  of disputes  to Boards,  Courts or Tribunals.- (1)
3*[Where the  appropriate Government is of opinion that any industrial
dispute exists  or is  apprehended, it  may at  any time], by order in
writing,--
          (a) refer  the dispute to a Board for promoting a settlement
               thereof; or

--------------------------------------------------------------------- 1. Subs. by Act 46 of 1982, s. 6 (w.e.f. 21-8-1984).
2. Ins. by s. 7, ibid. (w.e.f..........).
3. Subs. by Act 18 of 1952, s. 3, for "If any industrial dispute

     exists or is apprehended, the appropriate Government may".
158
          (b) refer  any matter  appearing to  be  connected  with  or
               relevant to the dispute to a Court for inquiry; or
          1*[(c) refer  the dispute  or any  matter  appearing  to  be
               connected with,  or relevant  to, the  dispute,  if  it
               relates to any matter specified in the Second Schedule,
               to a Labour Court for adjudication; or
          (d)  refer  the  dispute  or  any  matter  appearing  to  be
               connected with, or relevant to, the dispute, whether it
               relates to any matter specified, in the Second Schedule
               or the Third Schedule, to a Tribunal for adjudication:
          Provided that  where  the  dispute  relates  to  any  matter
               specified in  the Third  Schedule and  is not likely to
               affect more  than one  hundred workmen, the appropriate
               Government may, if it so thinks fit, make the reference
               to a Labour Court under clause (c):]
          2*[Provided further  that] where  the dispute  relates to  a
               public utility  service and  a notice  under section 22
               has  been  given,  the  appropriate  Government  shall,
               unless  it   considers  that   the  notice   has   been
               frivolously or  vexatiously given  or that  it would be
               inexpedient so  to do, make a reference under this sub-
               section  notwithstanding  that  any  other  proceedigns
               under this  Act in  respect of  the  dispute  may  have
               commenced:
     3*[Provided also  that where the dispute in relation to which the
Central  Government   is  the  appropriate  Government,  it  shall  be
competent for  that Government  to refer the dispute to a Labour Court
or an  Industrial Tribunal,  as the  case may  be, constituted  by the
State Government;]
     4*[(1A) Where  the Central  Government is  of  opinion  that  any
industrial dispute  exists or  is apprehended and the dispute involves
any question  of national  importance or  is of  such  a  nature  that
industrial establishments  situated in  more than one State are likely
to be interested in, or affected by, such dispute and that the dispute
should be  adjudicated by  a  National  Tribunal,  then,  the  Central
Government may,  whether or  not it  is the  appropriate Government in
relation to  that dispute, at any time, by order in writing, refer the
dispute or  any matter appearing to be connected with, or relevant to,
the dispute,  whether it relates to any matter specified in the Second
Schedule  or   the  Third   Schedule,  to   a  Natoinal  Tribunal  for
adjudication.]

(2) Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a Board, Court 4*[Labour Court, Tribunal or National --------------------------------------------------------------------- 1. Subs. by Act 36 of 1956, s. 7, for cl. (c) (w.e.f. 10-3-1957). 2. Subs. by s. 7, ibid., for "Provided that" (w.e.f. 10-3-1957).
3. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).

16

  1. 4.    Ins. by Act 36 of 1956, s. 7 (w.e.f. 10-3-1957).
    
  2. 5.    Subs. by s. 7, ibid., for "or Tribunal" (w.e.f. 10-3-1957).
    

159

Tribunal], the  appropriate Government,  if satisfied that the persons
applying  represent  the  majority  of  each  party,  shall  make  the
reference accordingly.
     1*[(2A) An  order referring  an industrial  dispute to  a  Labour
Court, Tribunal  or National Tribunal under this section shall specify
the period  within which  such  Labour  Court,  Tribunal  or  National
Tribunal shall  submit its  award on  such dispute  to the appropriate
Government:
     Provided that  where such industrial dispute is connected with an
individual workman, no such period shall exceed three months:
     Provided further  that where the parties to an industrial dispute
apply in  the prescribed manner, whether jointly or separately, to the
Labour Court,  Tribunal or  National Tribunal  for extension  of  such
period or  for any  other reason,  and the  presiding officer  of such
Labour Court,  Tribunal or National Tribunal considers it necessary or
expedient to  extend such period, he may for reasons to be recorded in
writing, extend  such period  by such  further period  as he may think
fit:
     Provided also that in computing any period specified in this sub-
section, the  period, if  any, for  which the  proceedings before  the
Labour Court,  Tribunal or  National Tribunal  had been  stayed by any
injunction or order of a Civil Court shall be excluded:
     Provided also that no proceedings before a Labour Court, Tribunal
or National  Tribunal shall lapse merely on the ground that any period
specified under  this sub-section had expired without such proceedings
being completed.]
     (3) Where  an industrial  dispute has  been referred  to a Board,
2*[Labour Court,  Tribunal or  National Tribunal]  under this section,
the appropriate  Government may  by order  prohibit the continuance of
any strike or lock-out in connection with such dispute which may be in
existence on the date of the reference.
     3*[(4) Where  in an order referring an industrial dispute to 4*[a
Labour Court,  Tribunal or National Tribunal] under this section or in
a subsequent  order, the  appropriate  Government  has  specified  the
points of  dispute  for  adjudication,  5*[the  Labour  Court  or  the
Tribunal or  the National  Tribunal, as the case may be] shall confine
its adjudication to those points and matters incidental thereto.
    (5) Where a dispute concerning any establishment or establishments
has been,  or is  to be,  referred to  a 6*[Labour  Court, Tribunal or
National Tribunal]  under this  section and the appropriate Government
is of  opinion, whether on an application made to it in this behalf or
otherwise, that  the dispute  is of  such  a  nature  that  any  other
establishment, group or class of establishments of a similar nature is
likely to  be  interested  in,  or  affected  by,  such  dispute,  the
appropriate Government  may, at the time of making the reference or at
any time thereafter but before the submission of the award, include in
that reference  such establishment,  group or class of establishments,
whether or  not at the time of such inclusion any dispute exists or is
apprehended in that establishment, group or class of establishments.]
     7*[(6) Where  any reference  has been made under sub-section (1A)
to a  National Tribunal,  then notwithstanding  anything contained  in
this Act,  no Labour  Court or  Tribunal shall  have  jurisdiction  to
adjudicate upon  any matter  which is  under adjudication  before  the
National Tribunal, and accordingly,--
          (a) if  the matter  under adjudication  before the  National
               Tribunal is  pending in  a proceeding  before a  Labour
               Court or  Tribunal, the  proceeding before  the  Labour
               Court or the Tribunal, as the case may be, in so far as

160

17

it relates to --------------------------------------------------------------------- 1. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).

  1. 2.    Subs. by  Act 36  of 1956,  s. 7, for "or Tribunal" (w.e.f. 10-3-
    

    1957).

  2. 3.    Ins. by Act 18 of 1952, s. 3.
    
  3. 4.    Subs. by  Act 36  of 1956,  s. 7,  for "a Tribunal" (w.e.f. 10-3-
    

    1957).

  4. 5.    Subs. by s. 7, ibid., for "the Tribunal" (w.e.f. 10-3-1957).
    
  5. 6.    Subs. by s. 7. ibid., for "Tribunal" (w.e.f. 10-3-1957).
    
  6. 7.    Ins. by s. 7, ibid. (w.e.f. 10-3-1957).
    
     such matter,  shall be  deemed to  have been quashed on
     such reference to the National Tribunal; and
(b) it shall not be lawful for the appropriate Government to
     refer the matter under adjudication before the National
     Tribunal  to   any  Labour   Court  or   Tribunal   for
     adjudication during  the pendency  of the proceeding in
     relation to such matter before the National Tribunal.
     1*[Explanation.--In   this   sub-section,   "Labour   Court"   or
"Tribunal"  includes   any  Court   or  Tribunal  or  other  authority
constituted under  any law relating to investigation and settlement of
industrial disputes in force in any State.]
     (7) Where  any industrial  dispute,  in  relation  to  which  the
Central Government is not the appropriate Government, is referred to a
National Tribunal,  then notwithstanding  anything contained  in  this
Act, any reference in section 15, section 17, section 19, section 33A,
section 33B  and section 36A to the appropriate Government in relation
to such  dispute shall  be construed  as a  reference to  the  Central
Government but,  save as aforesaid and as otherwise expressly provided
in this  Act, any  reference in any other provision of this Act to the
appropriate Government  in relation  to  that  dispute  shall  mean  a
reference to the State Government.]
     2*[(8) No  proceedings pending before a Labour Court, Tribunal or
National Tribunal  in relation  to an  industrial dispute  shall lapse
merely by  reason of  the death  of any  of the parties to the dispute
being a  workman, and such Labour Court, Tribunal or National Tribunal
shall  complete   such  proceedings   and  submit  its  award  to  the
appropriate Government.]
10A.
Voluntary reference of disputes to arbitration.
    3*[10A. Voluntary reference of disputes to arbitration.- (1) Where
any industrial  dispute exists  or is apprehended and the employer and
the workmen  agree to  refer the  dispute to arbitration, they may, at
any time  before the  dispute has  been referred under section 10 to a
Labour Court or Tribunal or National Tribunal, by a written agreement,
refer the  dispute to  arbitration and  the reference shall be to such
person or  persons (including  the presiding officer of a Labour Court
or Tribunal  or National  Tribunal) as an arbitrator or arbitrators as
may be specified in the arbitration agreement.

4*[(1A) Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.] --------------------------------------------------------------------- 1. Ins. by Act 36 of 1964, s. 5 (w.e.f. 19-12-1964).
2. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
3. Ins. by Act 36 of 1956, s. 8 (w.e.f. 10-3-1957).
4. Ins. by s. 6, ibid. (w.e.f. 19-12-1964).

18

161

      (2) An arbitration agreement referred to in sub-section (1) shall
 be in  such form  and shall  be signed  by the parties thereto in such
 manner as may be prescribed.
      (3) A copy of the arbitration agreement shall be forwarded to the
 appropriate  Government   and  the   conciliation  officer   and   the
 appropriate Government  shall, within  1*[one month]  from the date of
 the receipt of such copy, publish the same in the Official Gazette.
      2*[(3A)  Where   an  industrial  dispute  has  been  referred  to
 arbitration and  the appropriate  Government  is  satisfied  that  the
 persons making the reference represent the majority of each party, the
 appropriate Government may, within the time referred to in sub-section
 (3) issue a notification in such manner as may be prescribed; and when
 any such notification is issued, the employers and workmen who are not
 parties to the arbitration agreement but are concerned in the dispute,
 shall be  given an  opportunity of  presenting their  case before  the
 arbitrator or arbitrators.]
      (4) The  arbitrator or  arbitrators shall investigate the dispute
 and submit  to the appropriate Government the arbitration award signed
 by the arbitrator or all the arbitrators, as the case may be.
      2*[(4A)  Where   an  industrial  dispute  has  been  referred  to
 arbitration and a notification has been issued under sub-section (3A),
 the appropriate  Government may, by order, prohibit the continuance of
 any strike or lock-out in connection with such dispute which may be in
 existence on the date of the reference.]
      (5) Nothing  in the  Arbitration Act,  1940  (10  of 1940), shall
 apply to arbitrations under this section.]
                               CHAPTER IV
              PROCEDURE, POWERS AND DUTIES OF AUTHORITIES

11.

 Procedure and  powers of  conciliation officers,  Boards,  Courts
andTribunals.
      11. Procedure and powers of conciliation officers, Boards, Courts
 and Tribunals.- 3*[(1) Subject  to any  rules that may be made in this
 behalf, an  arbitrator, a  Board, Court,  Labour  Court,  Tribunal  or
 National Tribunal  shall follow  such procedure  as the  arbitrator or
 other authority concerned may think fit.]

(2) A conciliation officer or a member of a Board, 4*[or Court or the presiding officer of a Labour Court, Tribunal or National Tribunal] --------------------------------------------------------------------- 1. Subs. by Act 36 of 1964, s. 6, for "fourteen days" (w.e.f. 19-12-

      1964).
 2.  Ins. by s. 6, ibid. (w.e.f. 19-12-1964).
 3.  Subs. by  Act 36 of 1956, s. 9, for sub-section (1) (w.e.f. 10-3-
     1957).
 4.  Subs. by s. 9, ibid., for "Court or Tribunal" (w.e.f. 10-3-1957).

162

 may for  the purpose  of inquiry  into  any  existing  or  apprehended
 industrial dispute, after giving reasonable notice, enter the premises
 occupied by any establishment to which the dispute relates.

19

     (3) Every  Board, Court,  1*[Labour Court,  Tribunal and National
Tribunal] shall  have the  same powers  as are vested in a Civil Court
under the  Code of  Civil Procedure,  1908 (5 of 1908),  when trying a
suit, in respect of the following matters, namely:--
          (a) enforcing the attendance of any person and examining him
               on oath;
          (b) compelling  the production  of  documents  and  material
               objects;
          (c) issuing commissions for the examination of witnesses;
          (d) in respect of such other matters as may be prescribed;
and every inquiry or investigation by a Board, Court, 2*[Labour Court,
Tribunal or  National Tribunal],  shall be  deemed to  be  a  judicial
proceeding within  the meaning  of sections  193 and 228 of the Indian
Penal Code (45 of 1860).
     (4) A  conciliation officer  3*[may enforce the attendance of any
person for  the purpose of examination of such person or call for] and
inspect any  document which  he  has  ground  for  considering  to  be
relevant to  the industrial  dispute 4*[or  to be  necessary  for  the
purpose of  verifying the  implementation of any award or carrying out
any other  duty imposed  on him  under this Act, and for the aforesaid
purposes, the  conciliation officer  shall have the same powers as are
vested in a Civil Court under the Code of Civil Procedure, 1908  (5 of
1908),  3*[in  respect of  enforcing the  attendance of  any person and
examining him or of compelling the production of documents].
     5*[(5) A  Court, Labour Court, Tribunal or National Tribunal may,
if it  so thinks  fit, appoint  one or  more  persons  having  special
knowledge of  the matter  under consideration as assessor or assessors
to advise it in the proceeding before it.
     (6) All  conciliation officers,  members of  a Board or Court and
the presiding  officers  of  a  Labour  Court,  Tribunal  or  National
Tribunal shall  be deemed  to be public servants within the meaning of
section 21 of the Indian Penal Code (45 of 1860).

(7) Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before a Labour Court, Tribunal or National Tribunal shall be in the discretion of that Labour Court, ---------------------------------------------------------------------

  1. 1.    Subs. by  Act 36  of 1956, s. 9, for "and Tribunal" (w.e.f. 10-3-
    

    1957).

  2. 2.    Subs. by s. 9, ibid., for "or Tribunal" (w.e.f. 10-3-1957).
    
3.  Subs.  by Act 46 of 1982, s.  9 (w.e.f.  21-8-1984).
4.   Ins. by Act 36 of 1956, s. 9 (w.e.f. 17-9-1956).
5.   Subs. by  s. 9,  ibid., for sub-sections (5) to (7) (w.e.f. 10-3-

1957). 163

Tribunal or  National Tribunal  and  the  Labour  Court,  Tribunal  or
National Tribunal,  as the  case may  be, shall  have  full  power  to
determine by  and to  whom and  to what  extent and  subject  to  what
conditions, if  any, such  costs are  to be  paid,  and  to  give  all
necessary directions for the purposes aforesaid and such costs may, on
application made  to the appropriate Government by the person entited,
be recovered  by that  Government in  the same  manner as an arrear of
land revenue.]
     1*[(8) Every  2*[Labour Court,  Tribunal  or  National  Tribunal]
shall be deemed to be Civil Court for the purposes of 3*[sections 345,
346 and 348 of the Code  of  Criminal  Procedure,  1973  (5 of 1898).]

11A.

Powers of  Labour Courts,  Tribunals and  National Tribunals  to
giveappropriate relief in case of discharge or dismissal of workmen.

20

     4*[11A. Powers of Labour Courts, Tribunals and National Tribunals
to give  appropriate relief  in case  of  discharge  or  dismissal  of
workmen.- Where  an industrial  dispute relating to the  discharge  or
dismissal of  a workman  has been referred to a Labour Court, Tribunal
or National  Tribunal for  adjudication and,  in  the  course  of  the
adjudication proceedings,  the  Labour  Court,  Tribunal  or  National
Tribunal, as the case may be, is satisfied that the order of discharge
or dismissal  was not  justified, it  may, by its award, set aside the
order of  discharge or  dismissal  and  direct  reinstatement  of  the
workman on  such terms  and conditions,  if any,  as it thinks fit, or
give such  other relief  to the  workman including  the award  of  any
lesser  punishment   in  lieu   of  discharge   or  dismissal  as  the
circumstances of the case may require:
     Provided that  in any  proceeding under  this section  the Labour
Court, Tribunal  or National  Tribunal, as the case may be, shall rely
only on  the materials on record and shall not take any fresh evidence
in relation to the matter.]
12.
Duties of conciliation officers.
     12. Duties  of conciliation officers.- (1)  Where any  industrial
dispute exists  or is  apprehended, the  conciliation officer  may, or
where the  dispute relates  to a  public utility  service and a notice
under section  22 has  been given, shall hold conciliation proceedings
in the prescribed manner.
     (2) The  conciliation officer  shall, for the purpose of bringing
about a  settlement of  the dispute,  without delay,  investigate  the
dispute and  all matters affecting the merits and the right settlement
thereof and may do all such things as he thinks fit for the purpose of
inducing the  parties to come to a fair and amicable settlement of the
dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation --------------------------------------------------------------------- 1. Ins. by Act 48 of 1950, s. 34 and Sch.
2. Subs. by Act 36 of 1956, s. 9, for "Tribunal" (w.e.f. 10-3-1957). 3. Subs. by Act 46 of 1982, s. 9 (w.e.f. 21-8-1984).
4. Ins. by Act 45 of 1971, s. 3 (w.e.f. 15-12-1972).

164

officer shall  send a  report thereof  to the  appropriate  Government
1*[or  an  officer  authorised  in  this  behalf  by  the  appropriate
Government] together with a memorandum of the settlement signed by the
parties to the dispute.
     (4) If no such settlement is arrived at, the conciliation officer
shall, as  soon as  practicable after  the close of the investigation,
send to  the appropriate  Government a  full report  setting forth the
steps taken  by him  for  ascertaining  the  facts  and  circumstances
relating to  the dispute  and for bringing about a settlement thereof,
together with  a full  statement of  such facts and circumstances, and
the reasons  on account  of which,  in his opinion, a settlement could
not be arrived at.
     (5) If,  on a  consideration of  the report  referred to  in sub-
section (4),  the appropriate  Government is satisfied that there is a
case for  reference to  a Board, 2*[Labour Court, Tribunal or National
Tribunal,]  it   may  make   such  reference.  Where  the  appropriate
Government does  not  make  such  a  reference  it  shall  record  and
communicate to the parties concerned its reasons therefor.
     (6) A  report  under  this  section  shall  be  submitted  within

21

fourteen days  of the  commencement of the conciliation proceedings or
within such  shorter  period  as  may  be  fixed  by  the  appropriate
Government:
     3*[Provided that,  4*[subject to the approval of the conciliation
officer,] the time for the submission of the report may be extended by
such period as may be agreed upon in writing by all the parties to the
dispute.]
13.
Duties of Board.
     13. Duties  of Board.- (1) Where a dispute has been referred to a
Board under  this Act,  it shall be the duty of the Board to endeavour
to bring about a settlement of the same and for this purpose the Board
shall, in  such manner as it thinks fit and without delay, investigate
the dispute  and all  matters  affecting  the  merits  and  the  right
settlement thereof and may do all such things as it thinks fit for the
purpose of  inducing the  parties to  come  to  a  fair  and  amicable
settlement of the dispute.
     (2) If  a settlement  of the  dispute or of any of the matters in
dispute is  arrived at  in the course of the conciliation proceedings,
the Board  shall send  a report  thereof to the appropriate Government
together with  a memorandum of the settlement signed by the parties to
the dispute.

(3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the investigation, send to the appropriate --------------------------------------------------------------------- 1. Ins. by Act 35 of 1965, s. 4 (w.e.f. 1-12-1965).
2. Subs. by Act 36 of 1956, s. 10. for "or Tribunal" (w.e.f. 10-3-

     1957).
3.  Ins. by s. 10, ibid. (w.e.f. 17-9-1956).
4.  Ins. by Act 36 of 1964, s. 8 (w.e.f. 19-12-1964).

164A

Government a full report setting forth the proceedings and steps taken
by the  Board for ascertaining the facts and circumstances relating to
the dispute and for bringing about a settlement thereof, together with
a full  statement  of  such  facts  and  circumstances,  its  findings
thereon, the reasons on account of which, in its opinion, a settlement
could not  be arrived at and its recommendations for the determination
of the dispute.

(4) If, on the receipt of a report under sub-section (3) in respect of a dispute relating to a public utility service, the appropriate Government does not make a reference to a 1*[Labour Court, Tribunal --------------------------------------------------------------------- 1. Subs. by Act 36 of 1956, s. 11, for "Tribunal" (w.e.f. 10-3-

1957). 165

or  National   Tribunal]  under   section  10,  it  shall  record  and
communicate to the parties concerned its reasons therefor.
     (5) The  Board shall  submit its report under this section within
two months of the date, 1*[on which the dispute was referred to it] or
within such  shorter  period  as  may  be  fixed  by  the  appropriate
Government:
     Provided that  the appropriate  Government may  from time to time
extend the  time for  the submission  of the  report by  such  further
periods not exceeding two months in the aggregate:
     Provided further  that the  time for the submission of the report

22

 may be  extended by  such period as may be agreed on in writing by all
 the parties to the dispute.
 14.
 Duties of Courts.
      14. Duties  of Courts.- A Court  shall inquire  into the  matters
 referred to  it and  report  thereon  to  the  appropriate  Government
 ordinarily within  a period of six months from the commencement of its
 inquiry.
 15.
 Duties of Labour Courts, Tribunals and National Tribunals.
     2*[15. Duties of Labour Courts, Tribunals and National Tribunals.-
 Where an  industrial dispute  has been  referred to  a  Labour  Court,
 Tribunal or  National Tribunal  for adjudication,  it shall  hold  its
 proceedings expeditiously and shall, 3*[within the period specified in
 the order  referring such  industrial dispute  or the  further  period
 extended under  the second proviso to sub-section (2A) of section 10],
 submit its award to the appropriate Government.
 16.
 Form of report or award.
      16. Form  of report  or award.-(1) The report of a Board or Court
 shall be  in writing  and shall  be signed  by all  the members of the
 Board or Court, as the case may be:
      Provided that  nothing in this section shall be deemed to prevent
 any member  of the Board or Court from recording any minute of dissent
 from a report or from any recommendation made therein.
      (2) The  award of a Labour Court or Tribunal or National Tribunal
 shall be in writing and shall be signed by its presiding officer.
 17.
 Publication of reports and awards.

17. Publication of reports and awards.- (1) Every report of a Board or Court together with any minute of dissent recorded therewith, every arbitration award and every award of a Labour Court, Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government thinks fit. --------------------------------------------------------------------- 1. Subs. by Act 40 of 1951, s. 6, for "of the notice under section

      22".
 2.   Subs. by  Act 36  of 1956,  s. 12,  for ss.  15, 16,  17 and  17A
      (w.e.f. 10-3-1957). S. 17A was ins. by Act 48 of 1950, s. 34 and
Sch.
 3.   Subs. by Act 46 of 1982, s. 10 (w.e.f. 21-8-1984)
 166
      (2) Subject to the provisions of section 17A, the award published
 under sub-section  (1) shall  be final  and shall  not  be  called  in
 question by any Court in any manner whatsoever.

17A.

Commencement of the award.

23

     17A. Commencement  of the  award.- (1)  An  award  (including  an
arbitration award)  shall become  enforceable on  the expiry of thirty
days from the date of its publication under section 17:
     Provided that--
          (a) if the appropriate Government is of opinion, in any case
               where the  award has  been given  by a  Labour Court or
               Tribunal in  relation to an industrial dispute to which
               it is a party; or
          (b) if  the Central  Government is  of opinion,  in any case
               where the award has been given by a National Tribunal,
that it  will be  inexpedient on  public  grounds  affecting  national
economy or  social justice  to give effect to the whole or any part of
the award,  the appropriate  Government, or  as the  case may  be, the
Central Government  may, by  notification  in  the  Official  Gazette,
declare that  the award  shall not become enforceable on the expiry of
the said period of thirty days.
     (2) Where  any declaration  has been made in relation to an award
under the  proviso to  sub-section (1),  the appropriate Government or
the Central  Government may,  within ninety  days  from  the  date  of
publication of  the award under section 17, make an order rejecting or
modifying the  award, and  shall, on  the first available opportunity,
lay the award together with a copy of the order before the Legislature
of the  State, if  the order  has been  made by a State Government, or
before  Parliament,  if  the  order  has  been  made  by  the  Central
Government.
     (3) Where  any award  as rejected  or modified  by an  order made
under sub-section  (2) is  laid before  the Legislature  of a State or
before Parliament,  such award  shall become enforceable on the expiry
of fifteen  days from  the date  on which  it is so laid; and where no
order under  sub-section (2)  is made  in pursuance  of a  declaration
under  the   proviso  to  sub-section  (1),  the  award  shall  become
enforceable on  the expiry of the period of ninety days referred to in
sub-section (2).
     (4) Subject  to the provisions of sub-section (1) and sub-section
(3) regarding  the enforceability  of an  award, the  award shall come
into operation with effect from such date as may be specified therein,
but where no date is so specified, it shall come into operation on the

167

date when  the award becomes enforceable under sub-section (1) or sub-
section (3), as the case may be.]
17B.
Payment of full wages to workman pending proceedings in higher courts.
     8*[17B. Payment  of full  wages to workman pending proceedings in
higher courts.-Where in any case, a Labour Court, Tribunal or National
Tribunal by  its award  directs reinstatement  of any  workman and the
employer prefers any proceedings against such award in a High Court or
the Supreme  Court, the  employer shall be liable to pay such workman,
during the period of pendency of such proceedings in the High Court or
the Supreme  Court, full  wages last  drawn by  him, inclusive  of any
maintenance allowance  admissible to him under any rule if the workman
had not  been employed  in any establishment during such period and an
affidavit by such workman had been filed to that effect in such Court:
     Provided that  where it is proved to the satisfaction of the High
Court or the Supreme Court that such workman had been employed and had

24

been receiving  adequate remuneration  during any  such period or part
thereof, the  Court shall  order that  no wages shall be payable under
this section for such period or part, as the case may be.]
18.
Persons on whom settlements and awards are binding.
     18. Persons  on whom settlements and awards are binding.-2*[(1) A
settlement arrived  at by  agreement between  the employer and workman
otherwise than  in the  course of  conciliation  proceeding  shall  be
binding on the parties to the agreement.
     (2)  3*[Subject   to  the   provisions  of  sub-section  (3),  an
arbitration award]  which has  become enforceable  shall be binding on
the parties to the agreement who referred the dispute to arbitration.]
     4*[(3)] A  settlement arrived  at in  the course  of conciliation
proceedings under  this Act 5*[or an arbitration award in a case where
a notification  has been issued under sub-section (3A) of section 10A]
or 6*[an  award 7*[of  a Labour  Court, Tribunal or National Tribunal]
which has become enforceable] shall be binding on--
          (a) all parties to the industrial dispute;
          (b) all  other parties summoned to appear in the proceedings
               as  parties   to  the   dispute,  unless   the   Board,
               5*[arbitrator,] 8*[Labour  Court, Tribunal  or National
               Tribunal], as the case may be, records the opinion that
               they were so summoned without proper cause;
          (c) where a party referred to in clause (a) or clause (b) is
               an  employer,  his  heirs,  successors  or  assigns  in
               respect of  the  establishment  to  which  the  dispute
               relates;
          (d) where a party referred to in clause (a) or clause (b) is
               composed of  workmen, all  persons who were employed in
               the establishment  or part of the establishment, as the
               case may  be, to  which the dispute relates on the date
               of the  dispute and all persons who subsequently become
               employed in that establishment or part.

---------------------------------------------------------------------

1.  Ins.  by Act 46 of 1982, s.  11 (w.e.f.  21-8-1984).
2.   Ins. by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956).
3.   Subs. by Act 36 of 1964, s. 9, for "An arbitration award" (w.e.f.
     19-12-1964).
4.   S. 18  renumbered as sub-section (3) of that section by Act 36 of
     1956, s. 13 (w.e.f. 7-10-1956).
5.   Ins. by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964).
6.   Subs. by  Act 48  of 1950, s. 34 and Sch., for "an award which is
     declared  by  the  appropriate  Government  to  be  binding under
     sub-section (2) of section 15".
7.   Ins. by Act 36 of 1956, s. 13 (w.e.f. 10-3-1957).
8.   Subs. by s. 13, ibid., for "or Tribunal" (w.e.f. 10-3-1957).

168

19.
Period of operation of settlements and awards.
     19.  Period  of  operation  of  settlements  and  awards.- (1)  A
settlement 1*** shall  come  into  operation on such date as is agreed
upon by the parties to  the dispute, and if no date is agreed upon, on
the date  on   which the  memorandum of  the settlement  is  signed by
the parties to the dispute.

25

     (2) Such settlement shall be binding for such period as is agreed
upon by  the parties,  and if  no such  period is  agreed upon,  for a
period of  six months  2*[from the  date on  which the  memorandum  of
settlement is  signed by  the  parties  to  the  dispute],  and  shall
continue to  be binding  on the parties after the expiry of the period
aforesaid, until  the expiry  of two  months from  the date on which a
notice in writing of an intention to terminate the settlement is given
by one of the parties to the other party or parties to the settlement.
     3*[(3) An award shall, subject to the provisions of this section,
remain in operation for a period of one year 4*[from the date on which
the award becomes enforceable under section 17A]:
     Provided that  the appropriate  Government may  reduce  the  said
period and fix such period as it thinks fit:
     Provided further  that the appropriate Government may, before the
expiry of  the said  period, extend  the period  of operation  by  any
period not  exceeding one year at a time as it thinks fit so, however,
that the  total period of operation of any award does not exceed three
years from the date on which it came into operation.

(4) Where the appropriate Government, whether of its own motion or on the application of any party bound by the award, considers that since the award was made, there has been a material change in the circumstances on which it was based, the appropriate Government may refer the award or a part of it 5*[to a Labour Court, if the award was that of a Labour Court or to a Tribunal, if the award was that of a Tribunal or of a National Tribunal] for decision whether the period of operation should not, by reason of such change, be shortened and the decision of 6*[Labour Court or the Tribunal, as the case may be] on such reference shall, 7*** be final. ---------------------------------------------------------------------

  1. 1.    The words  "arrived at in the course of a conciliation proceeding
    
         under this  Act"  omitted  by Act  36  of  1956,  s.  14  (w.e.f.
    

    7-10-1956).

  2. 2.    Ins. by s. 14, ibid. (w.e.f. 7-10-1956).
    
  3. 3.    Subs. by Act 48 of 1950, s. 34 and Sch., for sub-section (3).
    
  4. 4.    Ins. by Act 36 of 1956, s. 14 (w.e.f. 17-9-1956).
    
  5. 5.    Subs. by s. 14, ibid., for "to a Tribunal" (w.e.f. 10-3-1957).
    
  6. 6.    Subs. by s. 14, ibid., for "the Tribunal" (w.e.f. 10-3-1957).
    
  7. 7.    The words "subject to the provision for appeal" omitted by s. 14,
    
         ibid. (w.e.f. 10-3-1957).
    

169

     (5) Nothing contained in sub-section (3) shall apply to any award
which by  its nature,  terms or  other circumstances  does not impose,
after it  has been  given effect  to, any continuing obligation on the
parties bound by the award.
     (6) Notwithstanding  the expiry  of the period of operation under
sub-section (3), the award shall continue to be binding on the parties
until a period of two months has elapsed from the date on which notice
is given by any party bound by the award to the other party or parties
intimating its intention to terminate the award.
     1*[(7) No  notice given  under sub-section (2) or sub-section (6)
shall have  effect, unless  it is  given by  a party  representing the
majority of  persons bound by the settlement or award, as the case may
be.]]
20.
Commencement and conclusion of proceedings.
     20.  Commencement   and  conclusion   of   proceedings.-  (1)   A
conciliation proceeding  shall be deemed to have commenced on the date
on which  a notice  of strike or lock-out under section 22 is received
by the  conciliation officer or on the date of the order referring the

26

dispute to a Board, as the case may be.
     (2) A conciliation proceeding shall be deemed to have concluded--
          (a) where  a settlement  is arrived at, when a memorandum of
               the settlement is signed by the parties to the dispute;
          (b) where  no settlement  is arrived  at, when the report of
               the conciliation officer is received by the appropriate
               Government or when the report of the Board is published
               under section 17, as the case may be; or
          (c) when  a reference  is made  to a Court, 2*[Labour Court,
               Tribunal or  National Tribunal] under section 10 during
               the pendency of conciliation proceedings.

(3) Proceedings 3*[before an arbitrator under section 10A or before a Labour Court, Tribunal or National Tribunal] shall be deemed to have commenced on the date of the 4*[reference of the dispute for arbitration or adjudication, as the case may be] and such proceedings shall be deemed to have concluded 5*[on the date on which the award becomes enforceable under section 17A]. ---------------------------------------------------------------------

  1. 1.    Ins. by  Act 36  of 1964,  s. 10  (w.e.f. 19-12-1964). The former
    
         sub-section  (7)   was omitted by Act  36 of  1956, s. 14 (w.e.f.
    

    17-9- 1956).

  2. 2.    Subs. by  Act 36  of 1956, s. 15, for "or Tribunal" (w.e.f. 10-3-
    

    1957).

3.   Subs. by  s. 15,  ibid., for  "before a  Tribunal" (w.e.f.  10-3-
     1957).
4.   Subs.  by   s.  15,  ibid.,  for  "reference  of  a  dispute  for
     adjudication" (w.e.f. 10-3-1957).
5.   Subs. by Act 18 of 1952, s. 4, for certain words and figures.

170

21.
Certain matters to be kept confidential.
     21. Certain  matters to be kept confidential.- There shall not be
included in  any report  or  award  under  this  Act  any  information
obtained by  a conciliation  officer, Board,  Court, 1*[Labour  Court,
Tribunal, National  Tribunal or  an arbitrator]  in the  course of any
investigation or  inquiry as  to a trade union or as to any individual
business (whether  carried on  by a  person, firm or company) which is
not available  otherwise than  through the  evidence given before such
officer, Board, Court, 1*[Labour Court, Tribunal, National Tribunal or
arbitrator], if  the trade union, person, firm or company, in question
has made  a request  in writing  to the  conciliation officer,  Board,
Court, 1*[Labour Court, Tribunal, National Tribunal or arbitrator], as
the  case   may  be,   that  such  information  shall  be  treated  as
confidential; nor  shall such  conciliation officer  or any individual
member of  the Board,  2*[or Court  or the  presiding officer  of  the
Labour Court,  Tribunal or National Tribunal or the arbitrator] or any
person present  at or  concerned in  the proceedings disclose any such
information without  the consent  in writing  of the  secretary of the
trade union  or the  person, firm  or company in question, as the case
may be:
     Provided that  nothing contained in this section shall apply to a
disclosure of  any such  information for the purposes of a prosecution
under section 193 of the Indian Penal Code (45 of 1860).
                              CHAPTER V
                        STRIKES AND LOCK-OUTS

27

22.
Prohibition of strikes and lock-outs.
     22. Prohibition of strikes and lock-outs.- (1) No person employed
in a public utility service shall go on strike in breach of contract--
          (a) without  giving to  the employer  notice of  strike,  as
               herein-after  provided,   within   six   weeks   before
               striking; or
          (b) within fourteen days of giving such notice; or
          (c) before the expiry of the date of strike specified in any
               such notice as aforesaid; or
          (d) during  the pendency  of  any  conciliation  proceedings
               before a  conciliation officer and seven days after the
               conclusion of such proceedings.
     (2) No  employer carrying  on any  public utility  service  shall
lock-out any of his workmen--
          (a) without  giving them  notice of  lock-out as hereinafter
               provided, within six weeks before locking out; or

--------------------------------------------------------------------- 1. Subs. by Act 36 of 1956, s. 16, for "or Tribunal" (w.e.f. 10-3-

     1957).
2.   Subs. by  s. 16,  ibid., for  "Court or  Tribunal" (w.e.f.  10-3-

1957). 171

          (b) within fourteen days of giving such notice; or
          (c) before  the expiry  of the date of lock-out specified in
               any such notice as aforesaid; or
          (d) during  the pendency  of  any  conciliation  proceedings
               before a  conciliation officer and seven days after the
               conclusion of such proceedings.
     (3) The notice of lock-out or strike under this section shall not
be necessary  where there  is already in existence a strike or, as the
case may  be, lock-out in the public utility service, but the employer
shall send  intimation of  such lock-out or strike on the day on which
it is  declared,  to  such  authority  as  may  be  specified  by  the
appropriate Government  either generally  or for  a particular area or
for a particular class of public utility services.
     (4) The  notice of strike referred to in sub-section (1) shall be
given by  such number of persons to such person or persons and in such
manner as may be prescribed.
     (5) The  notice of  lock-out referred to in sub-section (2) shall
be given in such manner as may be prescribed.
     (6) If  on any day an employer receives from any persons employed
by him any such notices as are referred to in sub-section (1) or gives
to any  persons employed by him any such notices as are referred to in
sub-section (2),  he shall  within five  days thereof  report  to  the
appropriate Government  or to  such authority  as that  Government may
prescribe the number of such notices received or given on that day.
23.
General prohibition of strikes and lock-outs.
     23. General prohibition of strikes and lock-outs.- No workman who

28

is employed  in any  industrial establishment  shall go  on strike  in
breach of contract and no employer of any such workman shall declare a
lock-out--
          (a) during the pendency of conciliation proceedings before a
               Board and  seven days  after  the  conclusion  of  such
               proceedings;
          (b) during  the pendency  of proceedings  before 1*[a Labour
               Court, Tribunal  or National  Tribunal] and  two months
               after the conclusion of such proceedings; 2***
          3*[(bb)  during  the  pendency  of  arbitration  proceedings
               before  an   arbitrator  and   two  months   after  the
               conclusion of  such proceedings,  where a  notification
               has been  issued under sub-section (3A) of section 10A;
               or]

---------------------------------------------------------------------

  1. 1.    Subs. by  Act 36  of 1956,  s. 17, for "a Tribunal" (w.e.f. 10-3-
    

    1957).

  2. 2.    The word  "or" omitted  by Act  36 of  1964, s. 11 (w.e.f. 19-12-
    

    1964).

  3. 3.    Ins. by s. 11, ibid. (w.e.f. 19-12-1964).
    

172

          (c) during  any period  in which a settlement or award is in
               operation, in  respect of any of the matters covered by
               the settlement or award.
24.
Illegal strikes and lock-outs.
     24. Illegal  strikes and  lock-outs.- (1) A strike  or a lock-out
shall be illegal if--
          (i) it  is commenced or declared in contravention of section
               22 or section 23; or
          (ii) it is continued in contravention of an order made under
               sub-section (3) of section 10 1*[or sub-section (4A) of
               section 10A].
     (2) Where  a strike  or lock-out  in pursuance  of an  industrial
dispute has  already commenced  and is in existence at the time of the
reference of  the dispute  to a  Board, 1*[an arbitrator, a] 2*[Labour
Court, Tribunal  or National Tribunal], the continuance of such strike
or lock-out  shall not  be deemed  to be  illegal, provided  that such
strike or lock-out was not at its commencement in contravention of the
provisions of  this Act  or the continuance thereof was not prohibited
under sub-section  (3) of section 10 1*[or sub-section (4A) of section
10A].
     (3) A  lock-out declared in consequence of an illegal strike or a
strike declared  in consequence  of an  illegal lock-out  shall not be
deemed to be illegal.
25.
Prohibition of financial aid to illegal strikes and lock-outs.
     25. Prohibition  of financial  aid to  illegal strikes  and lock-
outs.- No person shall  knowingly expend  or apply any money in direct
furtherance of support of any illegal strike or lock-out.

29

                            3*[CHAPTER VA
                       LAY-OFF AND RETRENCHMENT
25A.
Application of sections 25C to 25E.
     25A. Application  of sections 25C to 25E.-(1) Sections 25C to 25E
inclusive 4*[shall  not apply  to industrial  establishments to  which
Chapter VB applies, or--]
          (a) to  industrial establishments  in which  less than fifty
               workmen  on  an  average  per  working  day  have  been
               employed in the preceding calendar month; or
          (b) to  industrial establishments  which are  of a  seasonal
               character  or   in  which   work  is   performed   only
               intermittently.

--------------------------------------------------------------------- 1. Ins. by Act 36 of 1964, s. 12 (w.e.f. 19-12-1964).
2. Subs. by Act 36 of 1956, s. 18, for "or Tribunal" (w.e.f. 10-3-

     1957).
3.   Ins. by Act 43 of 1953, s. 3 (w.e.f. 24-10-1953).
4.   Subs. by Act 32 of 1976, s. 2,  for  "shall not apply--"  (w.e.f.
     5-3-1976).
173
     (2) If  a question  arises whether an industrial establishment is
of a  seasonal character  or whether  work is  performed therein  only
intermittently, the  decision of  the appropriate  Government  thereon
shall be final.
     1*[Explanation.--In this  section and  in sections  25C, 25D  and
25E, "industrial establishment" means--
          (i) a  factory as  defined in clause (m) of section 2 of the
               Factories Act 1948 (63 of 1948); or
          (ii) a  mine as  defined in  clause (j)  of section 2 of the
               Mines Act, 1952 (35 of 1952); or
          (iii) a  plantation as defined in clause (f) of section 2 of
               the Plantations Labour Act, 1951 (69 of 1951).]
25B.
Definition of continuous service.
     2*[25B. Definition  of continuous  service.- For the purposes  of
this Chapter,--
          (1) a  workman shall be said to be in continuous service for
               a period  if he  is, for  that period, in uninterrupted
               service, including  service which may be interrupted on
               account of  sickness or authorised leave or an accident
               or a  strike which  is not  illegal, or a lock-out or a
               cessation of  work which is not due to any fault on the
               part of the workman;
          (2) where  a workman is not in continuous service within the
               meaning of  clause (1)  for a period of one year or six
               months, he  shall be deemed to be in continuous service
               under an employer--
                         (a) for a period of one year, if the workman,
                    during  a   period  of   twelve  calendar   months

30

                    preceding  the   date  with   reference  to  which
                    calculation is  to be  made, has  actually  worked
                    under the employer for not less than--
                         (i) one  hundred and  ninety days in the case
                    of a workman employed below ground in a mine; and
                         (ii) two hundred and forty days, in any other
                    case;
                         (b) for  a  period  of  six  months,  if  the
                    workman, during  a period  of six  calendar months
                    preceding  the   date  with   reference  to  which
                    calculation is  to be  made, has  actually  worked
                    under the employer for not less than--
                         (i)  ninety-five  days,  in  the  case  of  a
                    workman employed below ground in a mine; and

---------------------------------------------------------------------

  1. 1.    Subs. by Act 48 of 1954, s. 2, for the former Explanation (w.e.f.
    

    1-4-1954).

  2. 2.    Subs. by Act 36 of 1964, s. 13, for s. 25B (w.e.f. 19-12-1964).
    

174

                         (ii) one  hundred and  twenty  days,  in  any
                    other case.
     Explanation.--For the  purposes of clause (2), the number of days
on which a workman has actually worked under an employer shall include
the days on which--
          (i) he  has been laid-off under an agreement or as permitted
               by standing orders made under the Industrial Employment
               (Standing Orders)  Act, 1946  (20 of  1946),  or  under
               this Act  or under  any other  law  applicable  to  the
               industrial establishment;
          (ii) he  has been  on leave  with full  wages, earned in the
               previous years;
          (iii) he has been absent due to temporary disablement caused
               by accident  arising out  of and  in the  course of his
               employment; and
          (iv) in  the case  of a  female, she  has been  on maternity
               leave; so,  however, that  the  total  period  of  such
               maternity leave does not exceed twelve weeks.]
25C.
Right of workmen laid-off for compensation.
     1*[25C. Right of workmen  laid-off for  compensation.- Whenever a
workman (other than a badli workman or a casual workman) whose name is
borne on  the muster  rolls of an industrial establishment and who has
completed not  less than  one year  of  continuous  service  under  an
employer is laid-off, whether continuously or intermittently, he shall
be paid  by the  employer for all days during which he is so laid-off,
except for  such weekly  holidays as may intervene, compensation which
shall be  equal to fifty per cent. of the total of the basic wages and
dearness allowance that would have been payable to him had he not been
so laid-off:
     Provided that if during any period of twelve months, a workman is
so laid-off  for more than forty-five days, no such compensation shall
be payable in respect of any period of the lay-off after the expiry of
the first  forty-five days,  if there  is an  agreement to that effect
between the workman and the employer:
     Provided further  that it shall be lawful for the employer in any

31

case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25F at any time after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to the workman for having been laid- off during the preceding twelve months may be set off against the compensation payable for retrenchment. --------------------------------------------------------------------- 1. Subs. by Act 35 of 1965, s. 5, for the former section (w.e.f. 1-

     12-1965).
175
     Explanation.--"Badli workman"  means a workman who is employed in
an industrial establishment in the place of another workman whose name
is borne  on the muster rolls of the establishment, but shall cease to
be regarded  as such  for the  purposes of  this section,  if  he  has
completed one year of continuous service in the establishment.]
25D.
Duty of an employer to maintain muster rolls of workmen.
     25D. Duty  of an  employer to  maintain muster  rolls of workmen.
Notwithstanding that workmen in any industrial establishment have been
laid-off, it  shall be  the duty of every employer to maintain for the
purposes of  this Chapter  a muster roll and to provide for the making
of entries  therein by  workmen who may present themselves for work at
the establishment at the appointed time during normal working hours.
25E.
Workmen not entitled to compensation in certain cases.
     25E. Workmen  not entitled  to compensation in certain cases.- No
compensation shall be paid to a workman who has been laid-off--
          (i) if  he refuses  to accept  any alternative employment in
               the same establishment from which he has been laid-off,
               or in  any other  establishment belonging  to the  same
               employer situate in the same town or village or situate
               within a radius of five miles from the establishment to
               which he  belongs, if,  in the opinion of the employer,
               such alternative  employment  does  not  call  for  any
               special kill  or previous experience and can be done by
               the  workman,  provided  that  the  wages  which  would
               normally have  been paid to the workman are offered for
               the alternative employment also;
          (ii) if  he  does  not  present  himself  for  work  at  the
               establishment  at  the  appointed  time  during  normal
               working hours at least once a day;
          (iii) if  such laying-off is due to a strike or slowing-down
               of production on the part of workmen in another part of
               the establishment.
25F.
Conditions precedent to retrenchment of workmen.
     25F. Conditions precedent to retrenchment of workmen.- No workman
employed in  any industry  who has  been in continuous service for not
less than  one year  under an  employer shall  be retrenched  by  that
employer until--
          (a) the workman has been given one month's notice in writing
               indicating the  reasons for retrenchment and the period

32

               of notice  has expired, or the workman has been paid in
               lieu of  such notice,  wages  for  the  period  of  the
               notice:

176
1* * * * *

          (b) the  workman has been paid, at the time of retrenchment,
               compensation which shall be equivalent to fifteen days'
               average pay  2*[for every  completed year of continuous
               service] or  any part  thereof in excess of six months;
               and
          (c) notice  in  the  prescribed  manner  is  served  on  the
               appropriate Government  3*[or such  authority as may be
               specified by the appropriate Government by notification
               in the Official Gazette].
25FF
Compensation to workmen in case of transfer of undertakings.
     4*[25FF.  Compensation   to  workmen   in  case  of  transfer  of
undertakings.- Where the ownership  or management of an undertaking is
transferred, whether  by agreement  or by  operation of  law, from the
employer in  relation to  that undertaking  to a  new employer,  every
workman who  has been in continuous service for not less than one year
in that undertaking immediately before such transfer shall be entitled
to notice  and compensation  in  accordance  with  the  provisions  of
section 25F, as if the workman had been retrenched:
     Provided that nothing in this section shall apply to a workman in
any case  where there  has been a change of employers by reason of the
transfer, if--
          (a) the  service of  the workman has not been interrupted by
               such transfer;
          (b) the  terms and  conditions of  service applicable to the
               workman after  such transfer  are not  in any  way less
               favourable to  the workman than those applicable to him
               immediately before the transfer; and
          (c) the new employer is, under the terms of such transfer or
               otherwise, legally liable to pay to the workman, in the
               event of  his retrenchment,  compensation on  the basis
               that his  service has  been continuous and has not been
               interrupted by the transfer.

--------------------------------------------------------------------- 1. Omitted by Act 49 of 1984, s. 3 (w.e.f. 18-8-1984).

  1. 2.    Subs. by  Act 36 of 1964, s. 14, for "for every completed year of
    
         service" (w.e.f. 19-12-1964).
    
  2. 3.    Ins. by s. 14, ibid. (w.e.f. 19-12-1964).
    
  3. 4.    Subs. by Act 18 of 1957, s. 3, for the former section (w.e.f. 28-
    
         11-1956). S. 25FF was ins. by Act 41 of 1956, s. 3.
    

176A

25FF

Sixty days'  notice to  be  given  of  intention  to  close  down
anyundertaking.
     1*[25FFA. Sixty  days' notice  to be  given of intention to close
down any undertaking.- (1)  An employer  who intends  to close down an
undertaking shall  serve, at least sixty days before the date on which
the intended  closure  is  to  become  effective,  a  notice,  in  the
prescribed manner,  on the  appropriate Government stating clearly the

33

reasons for the intended closure of the undertaking:
     Provided that nothing in this section shall apply to--
          (a) an undertaking in which--
                    (i) less than fifty workmen are employed, or
                    (ii) less  than fifty  workmen were employed on an
               average per working day in the preceding twelve months,
          (b) an undertaking set up for the construction of buildings,
               bridges, roads,  canals, dams or for other construction
               work or project.
     (2) Notwithstanding  anything contained  in sub-section  (1), the
appropriate Government  may, if  it is  satisfied that  owing to  such
exceptional circumstances  as accident  in the undertaking or death of
the employer  or the  like it  is necessary so to do, by order, direct
that provisions of sub-section (1) shall not apply in relation to such
undertaking for such period as may be specified in the order.]
25FF
Compensation to workmen in case of closing down of undertakings.

25FFF. Compensation to workmen in case of closing down of undertakings.- (1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for --------------------------------------------------------------------- 1. Ins. by Act 32 of 1972, s. 2 (w.e.f. 14-6-1972).

177

not less  than one  year in  that undertaking  immediately before such
closure shall,  subject to  the  provisions  of  sub-section  (2),  be
entitled to  notice and compensation in accordance with the provisions
of section 25F, as if the workman had been retrenched:
     Provided that  where the undertaking is closed down on account of
unavoidable circumstances  beyond the  control of  the  employer,  the
compensation to be paid to the workman under clause (b) of section 25F
shall not exceed his average pay for three months.
     1*[Explanation.--An undertaking  which is  closed down  by reason
merely of--
          (i) financial difficulties (including financial losses); or
          (ii) accumulation of undisposed of stocks; or
          (iii) the  expiry of  the period  of the  lease  or  licence
                    granted to it; or
          (iv) in  a case  where the  undertaking is engaged in mining
               operations, exhaustion  of the  minerals in the area in
               which such operations are carried on;
shall not  be deemed  to be  closed down  on  account  of  unavoidable
circumstances beyond the control of the employer within the meaning of
the proviso to this sub-section.]
     2*[(1A) Notwithstanding  anything contained  in sub-section  (1),
where an  undertaking engaged  in mining  operations is closed down by
reason merely  of exhaustion of the minerals in the area in which such
operations are  carried on, no workman referred to in that sub-section
shall be entitled to any notice or compensation in accordance with the
provisions of section 25F, if--
          (a) the  employer  provides  the  workman  with  alternative
               employment with  effect from the date of closure at the

34

               same remuneration as he was entitled to receive, and on
               the same  terms  and  conditions  of  service  as  were
               applicable to him, immediately before the closure;
          (b) the  service of  the workman has not been interrupted by
               such alternative employment; and
          (c) the  employer is,  under the  terms of  such alternative
               employment or  otherwise, legally  liable to pay to the
               workman, in the event of his retrenchment, compensation
               on the  basis that  his service has been continuous and
               has  not   been   interrupted   by   such   alternative
               employment.

--------------------------------------------------------------------- 1. Subs. by Act 45 of 1971, s. 4, for the original Explanation

     (w.e.f. 15-12-1971).
2.   Ins. by s. 4, ibid. (w.e.f. 15-12-1971).

178

     (1B)  For   the  purposes  of  sub-sections  (1)  and  (1A),  the
expressions "minerals" and "mining operations" shall have the meanings
respectively assigned  to them  in clauses (a) and (d) of section 3 of
the Mines  and Minerals (Regulation and Development) Act, 1957  (67 of
1957).]
     (2)  Where   any  undertaking  set-up  for  the  construction  of
buildings, bridges,  roads, canals, dams or other construction work is
closed down  on account of the completion of the work within two years
from the  date on  which the  undertaking had  been set-up, no workman
employed therein  shall be  entitled to  any compensation under clause
(b) of  section 25F,  but if the construction work is not so completed
within two  years, he  shall be  entitled to  notice and  compensation
under that  section for every 1*[completed year of continuous service]
or any part thereof in excess of six months.]
25G.
Procedure for retrenchment.
     25G.  Procedure   for  retrenchment.- Where  any  workman  in  an
industrial establishment,  who  is  a  citizen  of  India,  is  to  be
retrenched and  he belongs to a particular category of workmen in that
establishment, in  the absence  of any  agreement between the employer
and the workman in this behalf, the employer shall ordinarily retrench
the workman  who was  the last person to be employed in that category,
unless for  reasons to  be recorded  the employer retrenches any other
workman.
25H.
Re-employment of retrenched workmen.
     25H. Re-employment of retrenched  workmen.- Where any workmen are
retrenched, and  the employer  proposes to  take into  his employ  any
persons, he  shall, in  such manner  as may  be  prescribed,  give  an
opportunity 2*[to  the retrenched workmen who are citizens of India to
offer themselves  for re-employment  and such  retrenched workman] who
offer themselves  for re-employment  shall have  preference over other
persons.
25I.
[Repealed.]
     251. [Recovery of moneys due from employres under this chapter.]-

35

Rep.  by   the  Industrial   Disputes  (Amendment   and  Miscellaneous
Provisions) Act, 1956 (36 of 1956), s. 19 (w.e.f. 10-3-1957).
25J.
Effect of laws inconsistent with this Chapter.
     25J. Effect  of laws  inconsistent with this  Chapter.-  (1)  The
provisions of  this Chapter shall have effect notwithstanding anything
inconsistent therewith  contained in any other law [including standing
orders made  under the  Industrial Employment  (Standing Orders)  Act,
1946 (20 of 1946)]:

3*[Provided that where under the provisions of any other Act or rules, orders or notifications issued thereunder or under any standing orders or ---------------------------------------------------------------------

  1. 1.    Subs. by  Act 36, of 1964, s. 15, for "completed year of service"
    
         (w.e.f. 19-12-1964).
    
  2. 2.    Subs. by s. 16, ibid. for certain words (w.e.f. 19-12-1964).
    
  3. 3.    Subs. by s. 17, ibid., for the proviso (w.e.f. 19-12-1964).
    

178A

under any  award, contract  of service  or  otherwise,  a  workman  is
entitled  to  benefits  in  respect  of  any  matter  which  are  more
favourable to  him than those to which he would be entitled under this
Act, the  workman shall continue to be entitled to the more favourable
benefits in  respect of  that matter, notwithstanding that he receives
benefits in respect of other matters under this Act.]
     (2) For the removal of doubts, it is hereby declared that nothing
contained in  this Chapter shall be deemed to affect the provisions of
any other  law for  the time  being in force in any State in so far as
that law  provides for  the settlement of industrial disputes, but the
rights and  liabilities of  employers and  workmen in  so far  as they
relate to  lay-off and  retrenchment shall be determined in accordance
with the provisions of this Chapter.]
                            1*[CHAPTER VB
   SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE
                      IN CERTAIN ESTABLISHMENTS
25K.
Application of Chapter VB.
     25K. Application  of Chapter VB.-  (1)  The  provisions  of  this
Chapter shall  apply to  an industrial  establishment  (not  being  an
establishment of  a seasonal  character or  in which work is performed
only intermittently)  in which  not less  than 2*[one hundred] workmen
were employed  on an  average per working day for the preceding twelve
months.
     (2) If  a question  arises whether an industrial establishment is
of a  seasonal character  or whether  work is  performed therein  only
intermittently, the  decision of  the appropriate  Government  thereon
shall be final.
25L.
Definitions.

178B

36

     25L. Definitions.- For the purposes of this Chapter,--
          (a) "industrial establishment" means--
                         (i) a  factory as  defined in  clause (m)  of
                    section 2  of the  Factories  Act,  1948   (63  of
                    1948);
                         (ii) a  mine as defined in clause (i) of sub-
                    section (1)  of section  2 of the Mines Act,  1952
                    (35 of 1952); or
                         (iii) a  plantation as  defined in clause (f)
                    of section  2 of the Plantations Labour Act,  1951
                    (69 of 1951);

--------------------------------------------------------------------- 1. Ins. by Act 32 of 1976, s. 3 (w.e.f. 5-3-1976).
2. Subs. by Act 46 of 1982, s. 12 (w.e.f. 21.8.1984).

(b) notwithstanding anything contained in sub-clause (ii) of
     clause (a) of section 2,--
               (i) in  relation to  any company in which not
          less than fifty-one per cent. of the paid-up share
          capital is held by the Central Government, or
               (ii) in  relation  to  any  corporation  [not
          being a  corporation referred to in sub-clause (i)
          of clause  (a) of  section 2]  established  by  or
          under any law made by Parliament,
the Central Government shall be appropriate Government.
25M.
Prohibition of lay-off.
     25M. Prohibition  of lay-off.- (1) No workman (other than a badli
workman or  a casual  workman) whose name is borne on the muster rolls
of an  industrial establishment to which this Chapter applies shall be
laid-off by  his employer  except 1*[with  the prior permission of the
appropriate Government  or such  authority as may be specified by that
Government by  notification in  the Official  Gazette (hereinafter  in
this section  referred to  as the specified authority), obtained on an
application made  in this  behalf,  unless  such  lay-off  is  due  to
shortage of  power or  to natural calamity, and in the case of a mine,
such lay-off  is due also to fire, flood, excess of inflammable gas or
explosion].
     1*[(2) An application for permission under sub-section (1) shall
be made  by the  employer in the prescribed manner stating clearly the
reasons for  the intended lay-off and a copy of such application shall
also  be  served  simultaneously  on  the  workmen  concerned  in  the
prescribed manner.
     (3) Where  the  workman  (other  than  badli  workmen  or  casual
workmen) of an industrial establishment, being a mine, have been laid-
off under  sub-section (1)  for reasons  of fire,  flood or  excess of
inflammable gas  or explosion,  the  employer,  in  relation  to  such
establishment, shall,  within a period of thirty days from the date of
commencement of  such lay-off, apply, in the prescribed manner, to the
appropriate Government  or the  specified authority  for permission to
continue the lay-off.
     (4) Where  an application for permission under sub-section (1) or
sub-section (3)  has been  made, the  appropriate  Government  or  the
specified authority,  after making  such enquiry  as it thinks fit and
after giving  a reasonable opportunity of being heard to the employer,
the workmen concerned and the persons interested in such lay-off, may,

37

having regard  to the genuineness and adequacy of the reasons for such
lay-off, the  interests of the workmen and all other relevant factors,
by order and for reasons to be recorded in writing, grant or refuse to
grant such  permission and  a copy of such order shall be communicated
to the employer and the workmen.
     (5) Where  an application for permission under sub-section (1) or
sub-section (3)  has been  made and  the appropriate Government or the
specified  authority  does  not  communicate  the  order  granting  or
refusing to  grant permission to the employer within a period of sixty
days from  the date  on which such application is made, the permission
applied for  shall be deemed to have been granted on the expiration of
the said period of sixty days.
     (6) An  order of  the appropriate  Government  or  the  specified
authority granting  or refusing  to grant permission shall, subject to
the provisions  of sub-section  (7), be  final and  binding on all the
parties concerned  and shall   remain  in force  for one year from the
date of such order.
     (7) The  appropriate Government  or the  specified authority may,
either on its own motion or on the application made by the employer or
any workman, review its order granting or refusing to grant permission
under sub-section  (4) or  refer the  matter or,  as the  case may be,
cause it to be referred, to a Tribunal for adjudication:
     Provided that where a reference has been made to a Tribunal under
this sub-section,  it shall  pass an  award within  a period of thirty
days from the date of such reference.
     (8) Where  no application for permission under sub-section (1) is
made, or  where no application for permission under sub-section (3) is
made within  the period specified therein, or where the permission for
any lay-off  has been  refused, such  lay-off shall  be deemed  to  be
illegal from  the date  on which the workmen had been laid-off and the
workmen shall  be entitled  to all  the benefits under any law for the
time being in force as if they had not been laid-off.

(9) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub- section (1), or, as the case may be, sub-section (3) shall not apply in relation to such establishment for such period as may be specified in the order.] --------------------------------------------------------------------- 1. Subs. by Act 49 of 1984, s. 4 (w.e.f. 18.8.1984).

178C

     1*[(10)] The  provisions of  section 25C  (other than  the second
proviso thereto)  shall apply  to cases of lay-off referred to in this
section.
     Explanation.--For the  purposes of  this section, a workman shall
not be  deemed to  be laid-off  by an employer if such employer offers
any alternative  employment (which in the opinion of the employer does
not call for any special skill or previous experience and can be  done
by the workman) in the same  establishment  from  which  he  has  been
laid-off or in any other establishment belonging to the same employer,
situate  in  the same town or village, or situate within such distance
from the establishment to which he belongs that the transfer will  not
involve  undue  hardship to the workman having regard to the facts and
circumstances of  his  case,  provided  that  the  wages  which  would
normally have been paid to the workman are offered for the alternative
appointment also.
25N.
Conditions precedent to retrenchment of workmen.

38

     2*[25N.  Conditions  precedent to retrenchment of workmen.-(1) No
workman employed in any industrial establishment to which this Chapter
applies, who has been in continuous service for not less than one year
under an employer shall be retrenched by that employer until,--
          (a) the  workman has  been given  three  months'  notice  in
               writing indicating the reasons for retrenchment and the
               period of  notice has  expired, or the workman has been
               paid in  lieu of  such notice,  wages for the period of
               the notice; and
          (b) the  prior permission  of  the appropriate Government or
               such authority  as may  be specified by that Government
               by notification  in the  Official Gazette (hereafter in
               this section  referred to  as the  specified authority)
               has been  obtained  on  an  application  made  in  this
               behalf.
     (2) An  application for permission under sub-section (1) shall be
made by  the employer  in the  prescribed manner  stating clearly  the
reasons for  the intended  retrenchment and a copy of such application
shall also  be served  simultaneously on  the workmen concerned in the
prescribed manner.
     (3) Where an application for permission under sub-section (1) has
been made,  the appropriate  Government or  the  specified  authority,
after making  such enquiry  as  it  thinks  fit  and  after  giving  a
reasonable opportunity  of being  heard to  the employer,  the workmen
concerned and the persons interested in such retrenchment, may, having
regard to  the genuineness  and adequacy  of the reasons stated by the
employer, the interests of the workmen and all other relevant factors,
by order and for reasons to be recorded in writing, grant or refuse to
grant such  permission and  a copy of such order shall be communicated
to the employer and the workmen.
     (4) Where  an application for permission has been made under sub-
section (1)  and the appropriate Government or the specified authority
does  not   communicate  the  order  granting  or  refusing  to  grant
permission to the employer within a period of sixty days from the date
on which such application is made, the permission applied for shall be
deemed to  have been  granted on  the expiration of the said period of
sixty days.
     (5) An  order of  the appropriate  Government  or  the  specified
authority granting  or refusing  to grant permission shall, subject to
the provisions  of sub-section  (6), be  final and  binding on all the
parties concerned and shall remain in force for one year from the date
of such order.
     (6) The  appropriate Government  or the  specified authority may,
either on its own motion or on the application made by the employer or
any workman, review its order granting or refusing to grant permission
under sub-section  (3) or  refer the  matter or,  as the  case may be,
cause it to be referred, to a Tribunal for adjudication:
     Provided that where a reference has been made to a Tribunal under
this sub-section,  it shall  pass an  award within  a period of thirty
days from the date of such reference.
     (7) Where  no application for permission under sub-section (1) is
made, or  where the  permission for any retrenchment has been refused,
such retrenchment shall be deemed to be illegal from the date on which
the notice  of retrenchment  was given  to the workman and the workman
shall be entitled to all the benefits under any law for the time being
in force as if no notice had been given to him.
     (8)  Notwithstanding   anything  contained   in   the   foregoing
provisions of  this section,  the appropriate Government may, if it is
satisfied that  owing to such exceptional circumstances as accident in
the establishment  or death  of  the  employer  or  the  like,  it  is
necessary so  to do,  by order,  direct that  the provisions  of  sub-
section (1) shall not apply in relation to such establishment for such

39

period as may be specified in the order.

(9) Where permission for retrenchment has been granted under sub- section (3) or where permission for retrenchment is deemed to be granted under sub-section (4), every workman who is employed in that establishment immediately before the date of application for permission under this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.] --------------------------------------------------------------------- 1. Re-numbered by Act 49 of 1984, s. 4 (w.e.f. 18.8.1984).
2. Subs. by s. 5, ibid., (w.e.f. 18.8.1984).

178E

25O.
Procedure for closing down an undertaking.
     1*[25-O. Procedure  for  closing down  an  undertaking.-  (1)  An
employer who  intends to  close down  an undertaking  of an industrial
establishment to  which this  Chapter applies shall, in the prescribed
manner, apply,  for prior  permission at  least ninety days before the
date on  which the  intended closure  is to  become effective,  to the
appropriate Government,  stating clearly  the reasons for the intended
closure of  the undertaking  and a copy of such application shall also
be served  simultaneously on the representatives of the workmen in the
prescribed manner:
     Provided that  nothing in  this sub-section  shall  apply  to  an
undertaking set  up for the construction of buildings, bridges, roads,
canals, dams or for other construction work.
     (2) Where  an application for permission has been made under sub-
section (1),  the appropriate Government, after making such enquiry as
it thinks fit and after giving a reasonable opportunity of being heard
to the  employer, the  workmen and  the  persons  interested  in  such
closure may,  having regard  to the  genuineness and  adequacy of  the
reasons stated  by the  employer, the  interests of the general public
and all  other relevant  factors, by  order  and  for  reasons  to  be
recorded in  writing, grant  or refused to grant such permission and a
copy of  such order  shall be  communicated to  the employer  and  the
workman.
     (3) Where  an application has been made under sub-section (1) and
the appropriate  Government does not communicate the order granting or
refusing to  grant permission to the employer within a period of sixty
days from  the date  on which such application is made, the permission
applied for  shall be deemed to have been granted on the expiration of
the said period of sixty days.
     (4) An  order of  the appropriate Government granting or refusing
to grant  permission shall,  subject to  the provisions of sub-section
(5), be final and binding on all the parties and shall remain in force
for one year from the date of such order.
     (5) The  appropriate Government  may, either on its own motion or
on the  application made  by the  employer or  any workman, review its
order granting  or refusing  to grant permission under sub-section (2)
or refer the matter to a Tribunal for adjudication:
     Provided that where a reference has been made to a Tribunal under
this sub-section,  it shall  pass an  award within  a period of thirty
days from the date of such reference.
     (6) Where  no application for permission under sub-section (1) is
made within  the period specified therein, or where the permission for
closure has  been refused,  the closure  of the  undertaking shall  be
deemed to be illegal from the date of closure and the workmen shall be
entitled to all the benefits under any law for the time being in force

40

as if the undertaking had not been closed down.
     (7)  Notwithstanding   anything  contained   in   the   foregoing
provisions of  this section,  the appropriate Government may, if it is
satisfied that  owing to such exceptional circumstances as accident in
the undertaking  or death  of the employer or the like it is necessary
so to  do, by  order, direct  that the  provisions of  sub-section (1)
shall not apply in relation to such undertaking for such period as may
be specified in the order.

(8) Where an undertaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed to be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.] --------------------------------------------------------------------- 1. Subs. by Act 46 of 1982, s. 14 (w.e.f. 21.8.1984).

178F

25P.

Special provision  as to restarting of undertakings closed down
beforecommencement of the Industrial Disputes (Amendment) Act, 1976.
     25P. Special  provision as  to restarting  of undertakings closed
down before  commencement of  the Industrial Disputes (Amendment) Act,
1976.- If the appropriate  Government is  of opinion in respect of any
undertaking of  an industrial  establishment  to  which  this  Chapter
applies  and   which  closed  down  before  the  commencement  of  the
Industrial Disputes (Amendment) Act, 1976 (32 of 1976),--
          (a) that  such undertaking was closed down otherwise than on
               account of unavoidable circumstances beyond the control
               of the employer;
          (b)  that   there  are   possibilities  of   restarting  the
               undertaking;
          (c) that  it is  necessary for  the  rehabilitation  of  the
               workmen employed in such undertaking before its closure
               or  for   the  maintenance  of  supplies  and  services
               essential to  the life  of the community to restart the
               undertaking or both; and
          (d) that  the restarting  of the undertaking will not result
               in  hardship   to  the  employer  in  relation  to  the
               undertaking,
it may,  after giving  an opportunity  to such  employer and  workmen,
direct,  by   order  published  in  the  Official  Gazette,  that  the
undertaking shall  be restarted  within such time (not being less than
one month  from the  date of  the order)  as may  be specified  in the
order.

178G

25Q.
Penalty for lay-off and retrenchment without previous permission.
     25Q.  Penalty  for  lay-off  and  retrenchment  without  previous
permission.-Any employer who contravenes the provisions of section 25M
or 1***   of section  25N shall  be punishable with imprisonment for a
term which  may extend  to one month, or with fine which may extend to
one thousand rupees, or with both.

41

 25R.
 Penalty for closure.
      25R. Penalty  for closure.- (1) Any  employer who  closes down an
 undertaking without  complying with  the provisions of sub-section (1)
 of section 25-O shall be punishable with imprisonment for a term which
 may extend  to six  months, or  with fine  which may  extend  to  five
 thousand rupees, or with both.
      (2) Any  employer, who contravenes 2*[an  order refusing to grant
 permission to  close down  an undertaking  under  sub-section  (2)  of
 section 25-O  or a  direction given  under  section  25P],   shall  be
 punishable with  imprisonment for a term which may extend to one year,
 or with  fine which  may extend to five thousand rupees, or with both,
 and where  the contravention  is a continuing one, with a further fine
 which may extend to two thousand rupees for every day during which the
 contravention continues after the conviction.

3* * * * *

25S.

 Certain  provisions   of  Chapter   VA  to   apply  to  an
 industrialestablishment to which this Chapter applies.
      25S. Certain  provisions of  Chapter VA to apply to an industrial
 establishment  to  which  this  Chapter  applies.- The  provisions  of
 sections 25B, 25D, 25FF, 25G, 25H, and 25J in Chapter VA shall, so far
 as may  be, apply  also in  relation to an industrial establishment to
 which the provisions of this Chapter apply.]
                             4*[CHAPTER VC
                        UNFAIR LABOUR PRACTICES
 25T.
 Prohibition of unfair labour practice.
      25T. Prohibition  of  unfair  labour  practice.-  No employer  or
 workman or  a trade  union, whether registered under the Trader Unions
 Act, 1926 (16 of 1926), or not, shall commit any unfair labour

practice.

 25U.
 Penalty for committing unfair labour practices.
      25U. Penalty  for committing  unfair labour practices.-Any person
 who commits  any unfair  labour  practice  shall  be  punishable  with
 imprisonment for  a term  which may  extend to six months or with fine
 which may extend to one thousand rupees or with both.]

CHAPTER VI

42

PENALTIES

26.
Penalty for illegal strikes and lock-outs.
     26. Penalty for illegal strikes and lock-outs.- (1)  Any  workman
who commences, continues or otherwise acts in furtherance of, a strike
which is illegal under this Act, shall be punishable with imprisonment
for  a  term  which  may  extend  to one month, or with fine which may
extend to fifty rupees, or with both.

(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. --------------------------------------------------------------------- 1. Omitted by Act 49 of 1984, s. 6 (w.e.f. 18.8.1984).

2.   Subs. by Act 46 of 1982, s. 15 (w.e.f. 21.8.1984).
3.   Omitted by s. 15, ibid. (w.e.f. 21-8-1984).
4.   Ins. by s. 16, ibid. (w.e.f. 21.8.1984).

179

27.
Penalty for instigation, etc.
     27. Penalty  for instigation,  etc. Any  person who instigates or
incites others to take part in, or otherwise acts in furtherance of, a
strike  or  lock-out  which  is  illegal  under  this  Act,  shall  be
punishable with  imprisonment for  a term  which  may  extend  to  six
months, or  with fine which may extend to one thousand rupees, or with
both.
28.
Penalty for giving financial aid to illegal strikes and lock-outs.
     28. Penalty  for giving  financial aid   to illegal  strikes  and
lock-outs.- Any person who knowingly expends  or applies  any money in
direct furtherance  or support of any illegal strike or lock-out shall
be punishable  with imprisonment  for a  term which  may extend to six
months, or  with fine which may extend to one thousand rupees, or with
both.
29.
Penalty for breach of settlement or award.
    1*[29. Penalty for breach of settlement or award.- Any person who
commits a  breach of  any term  of any  settlement or  award, which is
binding on  him under  this Act, shall be punishable with imprisonment
for a term which may extend to six months, or with fine, or with both,
2*[and where the breach is a continuing one, with a further fine which
may extend to two hundred rupees for every day during which the breach
continues after the conviction for the first] and the Court trying the
offence, if  it fines  the offender,  may direct that the whole or any
part of  the  fine  realised  from  him  shall  be  paid,  by  way  of
compensation, to  any person  who, in its opinion, has been injured by
such breach.]

30.

180

32.
Offence by companies, etc.
 CHAPTER VII
MISCELLANEOUS

43

Penalty for disclosing confidential information.
     30. Penalty  for disclosing confidential information.- Any person
who wilfully  discloses any  such information  as is  referred  to  in
section 21  in contravention  of the provisions of that section shall,
on complaint  made by  or on  behalf of  the trade union or individual
business affected,  be punishable  with imprisonment  for a term which
may extend  to six  months, or  with fine  which  may  extend  to  one
thousand rupees, or with both.
30A.
Penalty for closure without notice.
     3*[30A. Penalty  for closure without notice.-  Any  employer  who
closes down  any undertaking  without complying with the provisions of
section 25FFA  shall be  punishable with imprisonment for a term which
may extend  to six  months, or  with fine  which may  extend  to  five
thousand rupees, or with both.]
31.
Penalty for other offences.
     31. Penalty for other offences.- (1) Any employer who contravenes
the provisions of section 33 shall be punishable with imprisonment for
a term  which may  extend to six months, or with fine which may extend
to one thousand rupees, or with both.

(2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine which may extend to one hundred rupees. --------------------------------------------------------------------- 1. Subs. by Act 36 of 1956, s. 20, for s. 29 (w.e.f. 17-9-1956).
2. Ins. by Act 35 of 1965, s. 6 (w.e.f. 1-12-1965).
3. Ins. by Act 32 of 1972, s. 3 (w.e.f. 14-6-1972).

     32. Offence  by companies, etc.- Where  a  person  committing  an
offence under  this Act  is a  company, or other body corporate, or an
association of  persons (whether incorporated or not), every director,
manager, secretary,  agent or  other officer  or person concerned with
the management  thereof shall,  unless he  proves that the offence was
committed without  his knowledge or consent, be deemed to be guilty of
such offence.

33.

Conditions  of  service,  etc.,  to  remain  unchanged  under
certaincircumstances during pendency of proceedings.

44

     1*[33. Conditions  of service,  etc., to  remain unchanged  under
certain circumstances  during pendency of proceedings.- (1) During the
pendency of  any conciliation proceeding before a conciliation officer
or a  Board or  of any proceeding before 2*[an arbitrator or] a Labour
Court or  Tribunal or  National Tribunal  in respect  of an industrial
dispute, no employer shall--
          (a) in  regard to  any matter  connected with  the  dispute,
               alter, to  the prejudice  of the  workmen concerned  in
               such dispute,  the conditions  of service applicable to
               them  immediately   before  the  commencement  of  such
               proceeding; or
          (b) for any misconduct connected with the dispute, discharge
               or punish,  whether  by  dismissal  or  otherwise,  any
               workmen concerned in such dispute,
save with  the express  permission in  writing of the authority before
which the proceeding is pending.
     (2) During  the pendency  of any such proceeding in respect of an
industrial dispute,  the employer may, in accordance with the standing
orders applicable  to a workman concerned in such dispute 2*[or, where
there are no such standing orders, in accordance with the terms of the
contract, whether express or implied, between him and the workman],--
          (a) alter,  in regard  to any  matter not connected with the
               dispute, the  conditions of  service applicable to that
               workman immediately  before the  commencement  of  such
               proceeding; or
          (b) for  any misconduct  not connected  with the dispute, or
               discharge or punish, whether by dismissal or otherwise,
               that workman:

Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer. --------------------------------------------------------------------- 1. Subs. by Act 36 of 1956, s. 21, for s. 33 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964).

181

     (3) Notwithstanding  anything contained  in sub-section  (2),  no
employer shall,  during the pendency of any such proceeding in respect
of an  industrial dispute,  take  any  action  against  any  protected
workman concerned in such dispute--
          (a) by altering, to the prejudice of such protected workman,
               the conditions of service applicable to him immediately
               before the commencement of such proceedings; or
          (b) by  discharging or  punishing, whether  by dismissal  or
               otherwise, such protected workman,
save with  the express  permission in  writing of the authority before
which the proceeding is pending.
     Explanation.--For the  purposes of this sub-section, a "protected
workman", in  relation to an establishment, means a workman who, being
1*[a member  of the  executive or other office bearer] of a registered
trade union connected with the establishment, is recognised as such in
accordance with rules made in this behalf.
     (4)  In   every  establishment,  the  number  of  workmen  to  be
recognised as  protected workmen  for the  purposes of sub-section (3)
shall be one per cent. of the total number of workmen employed therein
subject to  a minimum  number of  five protected workmen and a maximum
number of one hundred protected workmen and for the aforesaid purpose,
the  appropriate   Government  may   make  rules   providing  for  the

45

 distribution of  such protected workmen among various trade unions, if
 any, connected  with the  establishment and  the manner  in which  the
 workmen may be chosen and recognised as protected workmen.
      (5) Where  an employer  makes an  application to  a  conciliation
 officer,  Board,  2*[an  arbitrator,  a]  labour  Court,  Tribunal  or
 National Tribunal under the proviso to sub-section (2) for approval of
 the action taken by him, the authority concerned shall, without delay,
 hear such  application and  pass, 3*[within  a  period of three months
 from the date of receipt of such application],  such order in relation
 thereto as it deems fit:]
      4*[Provided that  where any such authority considers it necessary
 or expedient  so to do, it may, for reasons to be recorded in writing,
 extend such period by such further period as it may think fit:
      Provided further  that no  proceedings before  any such authority
 shall lapse  merely on  the ground  that any  period specified in this
 sub-section had expired   without  such  proceedings being completed.]

33A.

 Special  provision  for  adjudication  as  to  whether  conditions
ofservice,
 etc., changed during pendency of proceedings.

5*[33A. Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings.- Where an employer contravenes the provisions of section 33 during the pendency of proceedings 6*[before a conciliation officer, Board, an arbitrator, a Labour Court, Tribunal or National Tribunal], any employee aggrieved by such contravention may, make a camplaint in writing, ---------------------------------------------------------------------

  1.  1.    Subs. by  Act 45  of 1971,  s. 5, for "an officer" (w.e.f. 15-12-
    

    1971).

  2.  2.    Ins. by Act 36 of 1964, s. 18 (w.e.f 19-12-1964).
    
  3.  3.    Subs. by Act 46 of 1982, s. 17 (w.e.f. 21-8-1984).
    
  4.  4.    Ins. by by s. 17, ibid. (w.e.f. 10-3-1957)
    
  5.  5.    Ins.  by Act 48 of 1950, s.  34 and Sch.
    
  6.  6.    Subs. by Act 46 of 1982, s. 18 (w.e.f. 21.8.1984).
    
 182
 1*[in the prescribed manner,--
           (a)  to   such  conciliation   officer  or  Board,  and  the
      conciliation officer  or Board  shall take  such  complaint  into
      account in  inediating in,  and promoting the settlement of, such
      industrial dispute; and
           (b) to  such arbitrator,  Labour Court, Tribunal or National
      Tribunal  and   on  receipt of such  complaint,  the  arbitrator,
      Labour  Court, Tribunal or   National  Tribunal,  as the case may
      be,  shall  adjudicate upon the complaint as if it were a dispute
      referr ed   to  or   pending  before  it,  in accordance with the
      provisions of  this Act  and shall submit his or its award to the
      appropriate Government and the provisions of this Act shall apply
      accordingly.]
 33B.
 Power to transfer certain proceedings.
      2*[33B.  Power   to  transfer   certain  proceedings.-  (1)   The
 appropriate Government  may, by order in writing and for reasons to be
 stated therein,  withdraw any proceeding under this Act pending before
 a Labour Court, Tribunal or National Tribunal and transfer the same to
 another Labour  Court, Tribunal  or National Tribunal, as the case may

46

be, for  the disposal of the proceeding and the Labour Court, Tribunal
or National  Tribunal to  which the  proceeding is so transferred may,
subject to special directions in the order of transfer, proceed either
de novo or from the stage at which it was so transferred:
     Provided that  where a proceeding under section 33 or section 33A
is pending  before a Tribunal or National Tribunal, the proceeding may
also be transferred to a Labour Court.
     (2) Without  prejudice to  the provisions of sub-section (1), any
Tribunal or  National Tribunal,  if so  authorized by  the appropriate
Government, may  transfer any  proceeding under  section 33 or section
33A pending  before it  to any  one of the Labour Courts specified for
the disposal  of such  proceedings by  the appropriate  Government  by
notification in the Official Gazette and the Labour Court to which the
proceeding is so transferred shall dispose of the same.
33C.
Recovery of money due from an employer.

3*[33C. Recovery of money due from an employer.- (1) Where any money is due to a workman from an employer under a settlement or an award or under the provisions of 4*[Chapter VA or Chapter VB], the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government is satisfied that any money is so due, it --------------------------------------------------------------------- 1. Subs. by Act 46 of 1982, s. 18 (w.e.f. 21.8.1984).
2. Ins. by Act 36 of 1956, s. 23 (w.e.f. 10-3-1957).
3. Subs. by Act 36 of 1964, s. 19, for the former section (w.e.f.

     19-12-1964).
4.   Subs. by  Act 32  of 1976,  s. 4,  for "Chapter  VA" (w.e.f. 5-3-

1976). 183

shall issue  a certificate  for that amount to the Collector who shall
proceed to  recover the  same in  the same manner as an arrear of land
revenue:
     Provided that  every such  application shall  be made  within one
year from  the date  on which the money became due to the workman from
the employer:
     Provided further  that any  such application  may be  entertained
after the  expiry of  the said  period of one year, if the appropriate
Government is  satisfied that  the applicant  had sufficient cause for
not making the application within the said period.
     (2) Where  any workman  is entitled  to receive from the employer
any money  or any  benefit which is capable of being computed in terms
of money  and if  any question arises as to the amount of money due or
as to  the amount  at which  such benefit should be computed, then the
question may, subject to any rules that may be made under this Act, be
decided by such Labour Court as may be specified in this behalf by the
appropriate Government; 1[within a period not exceeding three months:]
     2*[Provided  that  where the  presiding officer of a Labour Court
considers it  necessary or  expedient so to do, he may, for reasons to
be recorded  in writing,  extend such period by such further period as
he may think fit.]
     (3) For  the purposes  of computing the money value of a benefit,
the Labour  Court may, if it so thinks fit, appoint a commissioner who
shall, after taking such evidence as may be necessary, submit a report
to the  Labour Court  and the  Labour Court shall determine the amount
after  considering   the  report   of  the   commissioner  and   other

47

circumstances of the case.
     (4) The  decision of the Labour Court shall be forwarded by it to
the appropriate  Government and  any amount  found due  by the  Labour
Court may be recovered in the manner provided for in sub-section (1).
     (5) Where  workmen employed  under the same employer are entitled
to receive from him any money or any benefit capable of being computed
in terms  of money, then, subject to such rules as may be made in this
behalf, a single application for the recovery of the amount due may be
made on behalf of or in respect of any number of such workmen.
     Explanation.--In this  section "Labour  Court" includes any court
constituted under  any law relating to investigation and settlement of
industrial disputes in force in any State.]]
34.
Cognizance of offences.
     34. Cognizance of offences.-(1) No Court shall take cognizance of
any offence  punishable under  this Act or of the abetment of any such
offence, save  on complaint  made by  or under  the authority  of  the
appropriate Government.

(2) No Court inferior to that of 3*[a Metropolitan Magistrate or a Judicial Magistrate of the first class], shall try any offence punishable under this Act. --------------------------------------------------------------------- 1. Ins. by Act 46 of 1982 s. 19 (w.e.f. 21-8-1984).
2. Added by s. 19, ibid. ( w.e.f. 21-8-1984)
3. Subs. by s. 20, ibid. (w.e.f. 21.8.1984).

184

35.
Protection of persons.
     35. Protection of persons.-(1) No person refusing to take part or
to continue  to take  part in  any strike or lock-out which is illegal
under this  Act shall,  by reason  of such refusal or by reason of any
action taken  by him  under this section, be subject to expulsion from
any trade  union or  society,  or  to  any  fine  or  penalty,  or  to
deprivation of  any  right  or  benefit  to  which  he  or  his  legal
representatives would otherwise be entitled, or be liable to be placed
in any respect, either directly or indirectly, under any disability or
at any  disadvantage as  compared with  other members  of the union or
society, anything  to the  contrary in  the rules  of a trade union or
society notwithstanding.
     (2) Nothing  in the  rules of  a trade union or society requiring
the settlement of disputes in any manner shall apply to any proceeding
for enforcing  any right  or exemption secured by this section, and in
any such  proceeding the Civil Court may, in lieu of ordering a person
who has  been expelled  from membership of a trade union or society to
be restored  to membership,  order that he be paid out of the funds of
the trade  union or society such sum by way of compensation or damages
as that Court thinks just.
36.
Representation of parties.
     1*[36. Representation of parties.-(1) A workman who is a party to
a dispute  shall be entitled to be represented in any proceeding under
this Act by--

48

          (a) 2*[any  member of  the executive  or office bearer] of a
               registered trade union of which he is a member:
          (b) 2*[any  member of  the executive or other office bearer]
               of a  federation of  trade unions  to which  the  trade
               union referred to in clause (a) is affiliated;
          (c) where  the worker is not a member of any trade union, by
               2*[any member  of the executive or other office bearer]
               of any  trade union  connected with,  or by  any  other
               workman employed  in, the  industry in which the worker
               is employed  and authorized  in such  manner as  may be
               prescribed.
     (2) An  employer who is a party to a dispute shall be entitled to
be represented in any proceeding under this Act by--
          (a) an officer of an association of employers of which he is
               a member;
          (b) an  officer of  a federation of association of employers
               to which  the association  referred to in clause (a) is
               affiliated;
          (c) where the employer is not a member of any association of
               employers,  by   an  officer   of  any  association  of
               employers connected  with, or  by  any  other  employer
               engaged in,

--------------------------------------------------------------------- 1. Subs. by Act 48 of 1950, s. 34 and Sch., for s. 36.
2. Subs. by Act 45 of 1971, s. 6 (w.e.f. 15-12-1971).

184A

               the industry  in which  the  employer  is  engaged  and
               authorized in such manner as may be prescribed.
     (3) No  party to a dispute shall be entitled to be represented by
a legal practitioner in any conciliation proceedings under this Act or
in any proceedings before a Court.
     (4) In  any proceeding  1*[before a  Labour  Court,  Tribunal  or
National Tribunal], a party to a dispute may be represented by a legal
practitioner with  the consent  of the other parties to the proceeding
and 2*[with  the leave  of the  Labour  Court,  Tribunal  or  National
Tribunal, as the case may be].]
36A.
Power to remove difficulties.
     3*[36A. Power  to remove difficulties.- (1) If, in the opinion of
the appropriate  Government any  difficulty or  doubt arises as to the
interpretation of  any provision  of an  award or  settlement, it  may
refer the question to such Labour Court, Tribunal or National Tribunal
as it may think fit.
     (2) The Labour Court, Tribunal or National Tribunal to which such
question is referred shall, after giving the parties an opportunity of
being heard,  decide such question and its decision shall be final and
binding on all such parties.]
36B.
Power to exempt.
     4*[36B.  Power  to exempt.-  Where the appropriate Government  is
satisfied in  relation to  any industrial establishment or undertaking

184B

49

or any  class of  industrial establishments or undertakings carried on
by a  department of that Government that adequate provisions exist for
the investigation  and settlement of industrial disputes in respect of
workmen employed  in such  establishment or  undertaking or  class  of
establishments  or  undertakings,  it  may,  by  notification  in  the
Official  Gazette,   exempt,  conditionally  or  unconditionally  such
establishment  or   undertaking  or   class   of   establishments   or
undertakings from all or any of the provisions of this Act.].
37.
Protection of action taken under the Act.
     37.  Protection   of  action  taken  under  the  Act.-  No  suit,
prosecution or other legal proceeding shall lie against any person for
anything which  is in  good faith  done or  intended  to  be  done  in
pursuance of this Act or any rules made thereunder.
38.
Power to make rules.
     38. Power to make  rules.- (1)  The appropriate  Government  may,
subject to  the condition  of previous publication, make rules for the
purpose of giving effect to the provisions of this Act.
     (2) In  particular and without prejudice to the generality of the
foregoing power,  such rules  may  provide  for  all  or  any  of  the
following matters, namely:--
          (a) the  powers  and  procedure  of  conciliation  officers,
               Boards,  Courts,   5*[Labour  Courts,   Tribunals   and
               National Tribunals] including rules as to the summoning
               of witnesses,  the production  of documents relevant to
               the subject-matter  of an inquiry or investigation, the
               number of  members necessary  to form  a quroum and the
               manner of submission of reports and awards;

--------------------------------------------------------------------- 1. Subs. by Act 36 of 1956, s. 24, for "before a Tribunal" (w.e.f.

     10-3-1957).
2.   Subs. by  s. 24,  ibid., for  "with the  leave of  the  Tribunal"
     (w.e.f. 10-3-1957).
  1. 3.    Ins. by s. 25, ibid. (w.e.f. 10-3-1957).
    
  2. 4.    Subs. by s. 26, ibid., for "and Tribunals" (w.e.f. 10-3-1957).
    
  3. 5.    Ins. by Act 46 of 1982, s. 21 (w.e.f. 21-8-1984).
    
1*[(aa) the  form of  arbitration agreement,  the manner  in
     which it may be signed by the parties, 2*[the manner in
     which a  notification may  be issued  under sub-section
     (3A) of  section 10A,]  the powers  of  the  arbitrator
     named in the arbitration agreement and the procedure to
     be followed by him;
(aaa) the appointment of assessors in proceedings under this
     Act;]
3*[ (ab)   the    constitution   of   Grievance   Settlement
     Authorities referred  to in  section 9C,  (section 38.)
     the manner in which industrial disputes may be referred
     to such authorities for settlement, the procedure to be
     followed by  such authorities  in  the  proceedings  in
     relation to  disputes referred  to them  and the period
     within which such preceedings shall be completed;]
(b) the  constitution and  functions of  and the  filling of
     vacancies in  Works Committees, and the procedure to be
     followed by  such Committees  in the discharge of their

50

duties;

          (c) the  allowances admissible  to members  of Courts 4*[and
               Boards  and   presiding  officers   of  Labour  Courts,
               Tribunals and  National Tribunals] and to assessors and
               witnesses;
          (d) the ministerial establishment which may be allotted to a
               Court, Board,  5*[Labour Court,  Tribunal  or  National
               Tribunal] and  the salaries  and allowances  payable to
               members of such establishments;
          (e) the  manner in  which and  the persons  by and  to  whom
               notice of  strike or  lock-out may  be  given  and  the
               manner in which such notices shall be communicated;
          (f)  the   conditions  subject   to  which  parties  may  be
               represented by legal practitioners in proceedings under
               this Act  before a  Court, 5*[Labour Court, Tribunal or
               National Tribunal];
          (g) any other matter which is to be or may be prescribed.
     (3)  Rules   made  under   this  section   may  provide   that  a
contravention thereof  shall be  punishable with  fine  not  exceeding
fifty rupees.
     1*[(4) All  rules made  under this  section  shall,  as  soon  as
possible after they are made, be laid before the State Legislature or,
where the  appropriate Government  is the  Central Government,  before
both Houses of Parliament.]

2*[(5) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each --------------------------------------------------------------------- 1. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).
3. Ins. by Act 46 of 1982, s. 22 (w.e.f. ..)
4. Subs. by Act 36 of 1956, s. 26, for "Boards and Tribunals"

     (w.e.f. 10-3-1957).
5.   Subs. by s. 26, ibid., for "or Tribunal" (w.e.f. 10-3-1957).

184C

House  of  Parliament  while  it  is  in session for a total period of
thirty days which may be comprised in one session or in 1*[two or more
successive  sessions,  and  if,  before  the  expiry  of  the  session
immediately   following   the   session  or  the  successive  sessions
aforesaid] both Houses agree in making any modification in  the  rule,
or  both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no  effect,
as  the  case  may  be;  so,  however,  that  any such modification or
annulment shall be without  prejudice  to  the  validity  of  anything
previously done under that rule.]
39.
Delegation of powers.
     2*[39. Delegation  of powers.- The appropriate Government may, by
notification  in   the  Official   Gazette,  direct   that  any  power
exercisable by  it under  this Act  or rules made thereunder shall, in
relation to  such matters  and subject  to such conditions, if any, as
may be specified in the direction, be exercisable also,--
          (a)  where   the  appropriate   Government  is  the  Central
               Government, by such officer or authority subordinate to
               the Central Government or by the State Government or by
               such officer  or authority  subordinate  to  the  State
               Government, as  may be  specified in  the notification;
               and

51

          (b) where  the appropriate Government is a State Government,
               by such  officer or  authority subordinate to the State
               Government as may be specified in the notification.]
40.
Power to amend Schedules.
     3*[40. Power  to amend  Schedules.-(1) The appropriate Government
may, if  it is  of opinion  that it  is expedient  or necessary in the
public interest so to do, by notification in the Official Gazette, add
to the First Schedule any industry, and on any such notification being
issued, the First Schedule shall be deemed to be amended accordingly.
     (2) The  Central Government  may, by notification in the Official
Gazette, add  to or  alter or  amend the  Second Schedule or the Third
Schedule and  on  any  such  notification  being  issued,  the  Second
Schedule or the Third Schedule, as the case may be, shall be deemed to
be amended accordingly.

(3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of the State, if the notification has been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.] ---------------------------------------------------------------------

  1. 1.    Subs. by  Act 32  of 1976,  s. 5,  for certain words (w.e.f. 5-3-
    

    1976).

  2. 2.    Subs. by Act 36 of 1956, s. 27, for s. 39 (w.e.f. 17-9-1956).
    
  3. 3.    Subs. by  Act 36  of 1964,  s. 21, for s. 40 (w.e.f. 19-12-1964),
    
         which was ins by Act 36 of 1956, s. 28. Original s.  40  was rep.
         by Act 35 of 1950, s. 2 and Sch. I.
    

184D