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.
2. Subs. by Act 36 of 1956, s. 2, for the former sub-section (w.e.f.
29-8-1956).3. Proviso omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-
1971).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).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. Subs. by Act 36 of 1956, s. 5, for ss. 8 and 9 (w.e.f. 10-3-
1957).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
4. Ins. by Act 36 of 1956, s. 7 (w.e.f. 10-3-1957).
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).
2. Subs. by Act 36 of 1956, s. 7, for "or Tribunal" (w.e.f. 10-3-
1957).3. Ins. by Act 18 of 1952, s. 3.
4. Subs. by Act 36 of 1956, s. 7, for "a Tribunal" (w.e.f. 10-3-
1957).5. Subs. by s. 7, ibid., for "the Tribunal" (w.e.f. 10-3-1957).
6. Subs. by s. 7. ibid., for "Tribunal" (w.e.f. 10-3-1957).
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. Subs. by Act 36 of 1956, s. 9, for "and Tribunal" (w.e.f. 10-3-
1957).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. 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. Ins. by s. 14, ibid. (w.e.f. 7-10-1956).
3. Subs. by Act 48 of 1950, s. 34 and Sch., for sub-section (3).
4. Ins. by Act 36 of 1956, s. 14 (w.e.f. 17-9-1956).
5. Subs. by s. 14, ibid., for "to a Tribunal" (w.e.f. 10-3-1957).
6. Subs. by s. 14, ibid., for "the Tribunal" (w.e.f. 10-3-1957).
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. 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. 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. Subs. by Act 36 of 1956, s. 17, for "a Tribunal" (w.e.f. 10-3-
1957).2. The word "or" omitted by Act 36 of 1964, s. 11 (w.e.f. 19-12-
1964).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. Subs. by Act 48 of 1954, s. 2, for the former Explanation (w.e.f.
1-4-1954).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).
2. Subs. by Act 36 of 1964, s. 14, for "for every completed year of
service" (w.e.f. 19-12-1964).
3. Ins. by s. 14, ibid. (w.e.f. 19-12-1964).
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. Subs. by Act 36, of 1964, s. 15, for "completed year of service"
(w.e.f. 19-12-1964).
2. Subs. by s. 16, ibid. for certain words (w.e.f. 19-12-1964).
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. Subs. by Act 45 of 1971, s. 5, for "an officer" (w.e.f. 15-12-
1971).2. Ins. by Act 36 of 1964, s. 18 (w.e.f 19-12-1964).
3. Subs. by Act 46 of 1982, s. 17 (w.e.f. 21-8-1984).
4. Ins. by by s. 17, ibid. (w.e.f. 10-3-1957)
5. Ins. by Act 48 of 1950, s. 34 and Sch.
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).
3. Ins. by s. 25, ibid. (w.e.f. 10-3-1957).
4. Subs. by s. 26, ibid., for "and Tribunals" (w.e.f. 10-3-1957).
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. Subs. by Act 32 of 1976, s. 5, for certain words (w.e.f. 5-3-
1976).2. Subs. by Act 36 of 1956, s. 27, for s. 39 (w.e.f. 17-9-1956).
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
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