INDUSTRIAL DISPUTES ACT 1947

THE INDUSTRIALDISPUTES ACT, 1947

[ACT NO.14 OF1947]

[11^th March,1947.]

An Act to make provisions for the investigationand settlement of industrial disputes and for certain other purposes.

WHEREAS it is expedient to make provision for theinvestigation and settlement of industrials disputes, and for certain otherpurposes hereinafter appearing;

It is hereby enacted as follows:–

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.

(1) This Act may be called the IndustrialDisputes Act, 1947.

 

(2) Itextends to the whole of India :

 

[—–]

 

(3) It shall come into force on the first day ofApril, 1947.

2. Definitions.

In this Act, unless there is anything repugnantin the subject or context,–

(a) "appropriate Government" means–

(i) in relation to any industrial dispute concerning [—-] anyindustry carried on by or under the authority of the Central Government [—–]or by a railway company [or concerning anysuch controlled industry as may be specified in this behalf by the CentralGovernment] [—-] or in relation to anindustrial dispute concerning [a DockLabour Board established under section 5A of the Dock Workers (Regulation ofEmployment) Act, 1948 (9 of 1948),or [the Industrial Finance Corporation ofIndia Limited formed and registered under the companies Act, 1956 (1 of 1965),or the Employees’ State Insurance Corporation established under section 3 ofthe Employees’ State Insurance Act, 1948 (34 of 1948), or the Board of Trusteeconstituted under section 3A of the Coal Mines Provident Fund and MiscellaneousProvisions Act, 1948 (46 of 1948), or the Central Board of Trustees and theState Boards of Trustees constituted under section 5A and section 5B,respectively of the Employees’ Provident Fund and Miscellaneous Provisions Act,1956 (19 of 1952)[–], or the Life Insurance Corporation of India establishedunder section 3 of the Life Insurance Corporation, Act, 1956 (31 of 1956) orthe Oil and Natural Gas Corporation Limited registered under the Companies Act.1956(1of 1956), or the Deposit Insurance and Credit Guarantee Corporationestablished under section 3 of the Deposit Insurance and Credit GuaranteeCorporations Act,1961 (47 of 1961), or the Central WarehousingCorporation established under section 3 of the Warehousing Corporation Act,1962 (58 of 1962), or the Unit Trust of India established under section 3 ofthe Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation ofIndia established under section3 or a Board of Management established for two or more contiguous States undersection 16 of Food Corporations Act, 1964 (37 of 1964), or [the Airports Authority of India constitutedunder section 3 of the Airports Authority of India Act, 1994], or a Regional RuralBank established under section 3 of the Regional Rural Banks, Act, 1976 (21 of1976), or the Export Credit and Guarantee Corporation Limited or the IndustrialReconstruction Bank of India Limited[the National Housing Bank established under section 3 of the NationalHousing Bank Act,1987 (53 of 1987)] or the Banking Service Commissionestablished under section3 of the Banking Service Commission Act, 1975 or anair transport service, or a banking or an insurance company, a mine, an oil–field,a Cantonment Board, or a major port, the Central Government, and

(ii) in relation to any other industrialdispute, the State Government;

[(aa) "arbitrator" includes an umpire;]

 

[[(aaa)] "averagepay" means the average of the wages payable to workman—

(i) in the case of monthly paid workman, inthe three complete calendar months,

 

(ii) in the case of weekly paid workman in thefour complete weeks,

 

(iii) in the case of daily paid workman, in thetwelve full working days,

proceeding the date onwhich the average pay becomes payable if the workman had worked for threecomplete calendar months or four complete weeks or twelve full working days, asthe case may be and where such calculation cannot be made the average pay shallbe calculated as the average of the wages payable to a workman during theperiod actually worked;]

[(b) "award" means an interim or afinal determination of any industrial dispute of any question relation theretoby any Labour Court, Industrial Tribunal or National Industrial Tribunal andincludes an arbitration award made under section 10A;]

 

[(bb) "bankingcompany" means a banking company as defined in section 5 of the BankingCompanies Act, 1949 (10 of 1949), having branches or other establishments inmore than one State, and includes [the Export–Import Bank of India,][the Industrial Reconstruction Bank of India]the Industrial Development Bank of India, [the Small IndustriesDevelopment Bank of India established under section 3 of the Small IndustriesDevelopment Bank of India Act,1989 (39 of 1989),] the Reserve Bank of India,the State Bank of India [,a corresponding new bank constituted under section 3of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970(5 of 1970) [,a corresponding new bankconstituted under section 3 of the Banking Companies (Acquisition and Transferof Undertakings) Act,1980 (40 of 1980), and any subsidiary bank] asdefined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]

 

(c) "Board"means a Board of Conciliation constituted under this Act;

 

[(cc) "closure"means the permanent closing down of a place of employment or par thereof;]

 

(d) "conciliationofficer" means a conciliation officer appointed under this Act;

 

(e) "conciliationproceeding" means any proceeding held by a conciliation officer or Boardunder this Act;

 

[(ee) "controlled industry" meansany industry the control of which by the Union has been declared by any CentralAct to be expedient in the public interest;]

 

[—–]

 

(f) "Court"means a Court of Inquiry constituted under this Act;

 

(g) "employer" means,–

(i) in relation to an industry carried on byor under the authority of any department of[the Central Government or a State Government], the authority prescribedin this behalf or where no authority is prescribed, the head of the department;

(ii) in relation to an industry carried on byor on behalf of a local authority, the chief executive officer of thatauthority;

 

[(gg)"executive", in relation to a trade union, means the body , by whatever name called, to which the managementof the affairs of the trade union is entrusted;]

(h) [—–]

 

(i) a person shall bedeemed to be "independent" forthe 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 tosuch Board, Court or Tribunal or with any industry directly affected by suchdispute :

[Provided that no personshall cease to be independent by reason only of the fact that he is ashareholder of an incorporated company which is connected with or likely to beaffected by, such industrial dispute; but in such a case he shall disclose tothe appropriate Government the nature and extent of the shares held by him insuch company;]

(j) "industry " means any business,trade, undertaking, manufacture or calling of employers and includes anycalling, service, employment, handicraft, or industrial occupation or avocationof workman;

 

Thefollowing clause was substituted for the definition of industry by theIndustrial Disputes (Amendment) Act, 1982 but has not yet been given effect to.(j) "industry"means any systematic activity carried on by Co-operation between an employerand his workmen(whether such workmen are employed by such employer directly orby or through any agency, including a contractor) for the production, supply,or distribution of goods or services with a view to satisfy human wants orwishes (not being wants or wishes which are merely spiritual or religious innature), whether or not,- (i) any capital has been invested for thepurpose of carrying on such activity; or (ii) such activity is carriedon with a motive to make any gain or profit, and includes- (a) any activity of the Dock Labour Boardestablished under section 5A of the Dock Workers (Regulation of Employment) ct,1948(9 of 1949); (b) any activityrelating to the promotion of sales or business or both carried on by anestablishment, but does not include-(1) any agricultural operation except where suchagricultural operations is carried on in an integrated manner with any otheractivity(being any such activity as is referred to in the foregoing provisionsof this clause) and such other activity is the predominant one. Explanation: For the purposes of thissub-clause, "agricultural operation" does not include any activitycarried on in a plantation as defined in clause (f) of section 2 of thePlantations Labour Act, 1961 (69 of 1951); or(2) hospitals ordispensaries; or (3) educational, scientific, research ortraining institutions; or (4) institutions owned or managed byorganizations wholly or substantiallyengaged in any charitable, social or philanthropic service; or (5) khadior village industries; or (6) any activity of the Government relatable tothe sovereign functions of the Government including all the activities carriedon by the departments of the Central Government dealing with defence research,atomic energy and space; or (7) any domestic service; or (8) anyactivity, being a profession practiced by an individual or body of individuals,if the number of persons employed by the individuals or body of individuals inrelation to such profession is less than ten; or (9) anyactivity, being an activity carried on by a co-operative society or a club orany other like body of individuals, if the number of persons employed by theco-operative society, club or any other body of individuals in relation to suchactivity is less than ten;

 

(k) "industrialdispute" means any dispute or difference between employers and employers,or between employers and workmen or between workmen and workmen, which isconnected with the employment or non–employment or the terms ofemployment or with the conditions of Labour of any person;

 

 

[(ka) "industrialestablishment or undertaking" means an establishment or undertaking inwhich any industry is carried on:

 

Provided that whereseveral activities are carried on in an establishment or undertaking and onlyone or some of such activities is or are an industry or industries, then,–

(a) if any unit of such establishment or undertakingcarrying on any activity, being an industry, is severable from the other unitor units of such establishment or undertaking such unit shall be deemed to be aseparate industrial establishment or undertaking:

(b) if the predominant activity or each of thepredominant activities carried on in such establishment or undertaking or anyunit thereof is an industry and the other activity or each of the otheractivities carried on in such establishment or undertaking or unit thereof isnot severable from and is for the purpose of carrying on, or aiding thecarrying on of, such predominant activity or activities the entireestablishment or undertaking or as the case may be unit thereof shall be deemedto be and industrial establishment or undertaking;]

 

[(kk) "insurancecompany" means an insurance company as defined in section 2 of the Insurance Act, 1938 (4 of1938), having branches or other establishments in more than one State;]

 

[(kka) "khadi"has the meaning assigned to it in clause (d) of section 2 of the Khadi andVillage Industries Commission Act, 1956 (61 of 1956);]

 

[ [(kkb)] "LabourCourt" means a Labour Court constituted under section 7;]

 

[(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 orraw materials or the accumulation of stocks or the break–down ofmachinery [or natural calamity of for any other connected reason] to giveemployment to a workman whose name is borne on the muster rolls of hisindustrials establishment and who has not been retrenched.

Explanation.-Every workman whose name is borne on the muster rolls of the industrialestablishment and who presents himself for work at the establishment at thetime appointed for the purpose during normal working hours on any day and isnot given employment by the employer within two hours of his so presenting himself shall be deemedhave been laid–off for the day within the meaning of this clause:

Provided that if theworkman, instead of being given employment at the commencement of any shift forany day is asked to present himself of the purpose during the second half ofthe shift for the day and is given employment, then, he shall be deemed to have been laid–offonly for one–half of that day:

 

Provided further that ifhe is not given any such employment even after so presenting himself, heshall not be deemed to have been laid–off for the second half of theshift for the day and shall be entitled to full basic wages and dearnessallowance for that part of the day;]

(l) "lock–out"means the [temporary closing of a place of employment], or the suspension ofwork or the refusal by an employer to continue to employ any number of personsemployed by him;

 

[(la) "majorport" means a major port as defined in clause (8) of section 3 of theIndian Ports Act, 1908 (15 of 1908);

 

(lb) "mine"means a mine as defined in clause (j) of sub–section (1) of section 2 ofthe Mines Act, 1952 (35 of 1952);]

 

[(ll) "NationalTribunal" means a National Industrial Tribunal constituted under section7B;]

 

[(lll) "officebearer" in relation to a trade union, includes any member of the executivethereof, but does not include an auditor;]

 

(m)"prescribed" means prescribed by rules made under this Act;

 

(n) "publicutility service" means–

 

(i) any railway service [or any transport service for the carriage ofpassengers or goods by air];

[(ia) any service in, or in connection withthe working of any major port or dock;]

(ii) any section of an industrial establishmenton the working of which the safety of the establishment or the workman employedtherein depends;

 

(iii) any postal, telegraph or telephone service;

(iv) any industry which supplies power, light orwater to the public;

(v) any system ofpublic conservancy or sanitation;

(vi) any industry specified in the [FirstSchedule] which the appropriate Government may, if satisfied that publicemergency or public interest so requires by notification in the OfficialGazette, 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 periodso specified shall not in the first instance, exceed six months but may, by alike notification be extended from time to time, by any period not exceedingsix months at any one time if in the opinion of the appropriate Governmentpublic emergency or public interest requires such extension;

(o) "railwaycompany" means a railway company as defined in section 3 of the Indian RailwaysAct, 1890 (9 of 1890);

 

[(oo)"retrenchment" means the termination by the employer of the serviceof a workman for any reason whatsoever, otherwise that as a punishmentinflicted by way of disciplinary action, but does not include–

(a) voluntary retirementof the workman; or

(b) retirement of the workman on reaching theage of superannuation if the contract of employment between the employer andthe workman concerned contains a stipulation in that behalf; or

[(bb) termination of the service of the workman asa result of the non–renewal of the contract of employment between theemployer and the workman concerned on its expiry or of such contract beingterminated under a stipulation in that behalf contained therein; or]

(c) termination of the service of a workman onthe ground of continued ill–health;]

[(p)"settlement" means a settlement arrived at in the course ofconciliation proceeding and includes a written agreement between the employerand workmen arrived at otherwise than in the course of conciliation proceedingwhere such agreement has been signed bythe parties thereto in such manner as may be prescribed and a copy thereof hasbeen sent to [an officer authorised in this behalf by] the appropriate Governmentand the conciliation officer;]

 

(q) "strike"means a cessation of work by a body of persons employed in any industry actingin combination, or a concerted refusal or a refusal under a commonunderstanding of any number of persons who are or have been so employed tocontinue to work or to accept employment;

 

[(qq) "tradeunion" means a trade unionregistered under the Trade Unions Act, 1926 (16 of 1926);]

 

 

[(r) "Tribunal"means an Industrial Tribunal constituted under section 7A and includes anIndustrial Tribunal constituted before the 10th day of March, 1957, under thisAct;]

 

[(ra) "unfair Labourpractice" means any of the practices specified in the Fifth Schedule;

 

(rb) "villagesindustries" has the meaning assigned to it in clause (h) of section 2 ofthe Khadi and Village Industries Commission Act, 1956 (61 of 1956);]

 

[(rr) "wages"means all remuneration capable of being expressed in terms of money, whichwould, if the terms of employment, express or implied, were fulfilled be payable to a workman in respect of hisemployment or of work done in such employment and includes–

(i) such allowances (including dearnessallowance) as the workman is for the time being entitled to;

(ii) the value of any house accommodation, orof supply of light, water, medical attendance or other amenity or of anyservice or of any concessional supply offoodgrains or other articles;

(iii) anytravelling concession;

[(iv) any commission payable on the promotion ofsales or business or both;]

but does not include–

(a) any bonus;

(b) any contribution paid or payable by theemployer to any pension fund or provident fund or for the benefit of theworkman under any law for the time being in force;

(c) any gratuity payable on the termination ofhis service;]

[(s) "workman"means any person (including an apprentice) employed in any industry to do anymanual, unskilled, skilled, technical, operational, clerical or supervisorywork 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 anindustrial dispute, includes any such person who has been dismissed, dischargedor retrenched in connection with or as consequence of that dispute, or whosedismissal, discharge or retrenchment has led to that dispute, by 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 of1957); or

(ii) who is employed in the police service oras an officer or other employee of a prison; or

(iii) who is employed mainly in a managerial oradministrative capacity; or

(iv) who being employed in a supervisorycapacity, draws wages exceeding one thousand six hundred rupees per mensem orexercises, either by the nature of the duties attached to the office or byreason of the powers vested in him, functions mainly of managerial nature.]

[2A.Dismissal, etc., ofan individual workman to be deemed to be an industrial dispute

Where any employerdischarges, dismisses, retrenches or otherwise terminates the services of anindividual workman, any dispute or difference between that workman and hisemployer connected with, or arising out of, such discharge, dismissal,retrenchment or termination shall be deemed to be an industrial disputenotwithstanding that no other workman nor any union of workmen is a party tothe dispute.]

CHAPTER II

AUTHORITIES UNDER THIS ACT

3. Works Committee.

(l) In the case of anyindustrial establishment in which one hundred or more workmen are employed orhave been employed on any day in the preceding twelve months, the appropriateGovernment may by general or special order require the employer to constitutein the prescribed manner a Works Committee consisting of representatives ofemployers and workmen engaged in the establishment so however that number ofrepresentatives of workmen on the Committee shall not be less than the numberof representatives of the employer. The representatives of the workmenshall be chosen in the prescribed manner from among the workmen engaged in theestablishment and in consultation with their trade union, if any, registeredunder the Indian Trade Unions Act, 1926 (16 of 1926).

 

(2) It shall be the dutyof the Works Committee to promote measures for securing and preserving amityand good relation between the employer and workmen and, to that end, to commentupon matters of their common interest or concern and endeavour to compose anymaterial difference of opinion in respect of such matters.

4. Conciliation officers.

(l) The appropriateGovernment may, by notification in the Official Gazette appoint such number ofpersons as it thinks fit ,to be conciliation officers charged with the duty ofmediating in and promoting the settlement of industrial disputes.

 

(2) A conciliationofficer may be appointed for a specified area or for specified industries in aspecified area or for one or more specified industries and either permanentlyor for limited period.

5. Board of Conciliation.

(l) The appropriateGovernment may as occasion arises by notification in the Official Gazetteconstitute a Board of Conciliation for promoting the settlement of anindustrial dispute.

 

(2) A Board shall consistof a chairman and two or four other members as the appropriate Governmentthinks fit.

 

(3) The chairman shall bean independent person and the other members shall be persons appointed in equalnumbers to represent the parties to thedispute and any person appointed torepresent a party shall be appointed on the recommendation of the party:

 

Provided that, if any party failsto make a recommendation as aforesaid within the prescribed time, theappropriate Government shall appoint such persons as it thinks fit to representthat party.

 

(4) A Board, having theprescribed quorum, may actnotwithstanding the absence of the chairman or any of its members or any vacancy in its number:

 

Provided that if the appropriateGovernment notifies the Board that the services of the chairman or of any othermember have ceased to be available, the Board shall not act until a new chairmanor member, as the case may be, has been appointed.

 

6.Courts of Inquiry.

(1) The appropriateGovernment may as occasion arises by notification in the Official Gazetteconstitute a court of Inquiry for inquiring into any matter appearing to beconnected with or relevant to an industrial dispute.

(2) A court may consistof one independent person or of such number of independent persons as theappropriate Government may think fit and where a Court consists of two or moremembers, one of the them shall be appointed as the chairman.

 

(3) A Court having theprescribed quorum, may act notwithstanding the absence of the chairman or anyof its members or any vacancy in its number:

 

Provided that, if the appropriateGovernment notifies the Court that the services of the chairman have ceased tobe available, the Court shall not act until a new chairman has been appointed.

 

[7. Labour Courts.

(1) The appropriateGovernment may, by notification in the Official Gazette, constitute one or moreLabour Courts for the adjudication of industrial disputes relating to anymatter specified in the Second Schedule and for performing such otherfunctions as may be assigned to themunder this Act.

 

(2) A Labour Court shallconsist of one person only to be appointed by the appropriate Government.

 

(3) A person shall not bequalified for appointment as the presiding officer of a Labour Court, unless –

[(a) he is, or has been, a Judge of a High Court;or

 

(b) hehas, for a period of not less than three years, been a District Judge or anAdditional District Judge; or

 

^{(c) [—–] ]}

[(d) he has held any judicial Office in India for not lessthan seven years; or

 

[(e)] he has been the presiding officer ofa Labour Court constituted under any Provincial Act or State Act for not lessthan five years.

7A. Tribunals.

The appropriateGovernment may, by notification in the Official Gazette, constitute one or moreIndustrial Tribunals for the adjudication of industrial disputes relating toany matter, whether specified in the Second Schedule or the Third Schedule [and for performing such other functions asmay be assigned to them under this Act].

 

(2) A tribunal shallconsist of one person only to be appointed by the appropriate Government.

 

(3) A person shall not bequalified for appointment as the presiding officer of a Tribunal unless-

(a) he is, or hasbeen, a Judge of a High Court; or

 

[(aa) he has, for a period of not less than threeyears, been a District Judge or an Additional District Judge; [—–]

 

(b) [—–]

(4) The appropriateGovernment may, if it so thinks fit appoint two persons as assessors to adviseTribunal in the proceeding before it.

7B. National Tribunals.

(1) The CentralGovernment may, by notification in the Official Gazette, constitute one or moreNational Industrial Tribunals for the adjudication of industrial disputeswhich, in the opinion of Central Government, involve questions of nationalimportance or are of such a nature that industrial establishments situated inmore than one State or likely to be interested in, or affected by suchdisputes,

(2) A national Tribunalshall consist of one person only to be appointed by the Central Government.

 

(3) A person shall not bequalified for appointment as the presiding officer of a National Tribunal [unless he is, or has been, a judge of a HighCourt ]

 

(4) The Central Government may, if it so thinks fit,appoint two persons as assessors to advise the National Tribunal in theproceeding before it.

7C.Disqualifications forthe presiding officers of the Labour Courts, Tribunals and National Tribunals.

No person shall beappointed to, or continue in, the office of the presiding officer of a LabourCourt, Tribunal or National Tribunal, if –

(a) he is not an independent person; or

(b) he has attained the age of sixty–five years.]

[8. Filling of vacancies.

If, for any reason avacancy (other than a temporary absence) occurs in the office of the presidingofficer of Labour Court, Tribunal or National Tribunal or in the office of thechairman or any other member of a Board or Court, then, in the case of aNational Tribunal, the Central Government and in any other case, theappropriate Government, shall appoint another person in accordance with theprovisions of this act to fill the vacancy, and the proceedings may becontinued before the Labour Court, Tribunal or National Tribunal, Board orCourt, as the case may be, from the stage at which the vacancy is filled.

9. Finality of ordersconstituting Boards, etc.

(1) No order of theappropriate Government or the Central Government appointing any person as thechairman or any other member of a Board or Court, or as the presiding officerof a Labour Court, Tribunal or National Tribunal shall be called in question inany manner; and no act or proceeding before any board or court shall be calledin question in any manner on the ground merely of the existence of any vacancyin, or defect in the constitution of, such Board or Court.

 

(2) No settlement arrivedat in the course of a conciliation proceeding shall be invalid by reason onlyof the fact that such settlement was arrived at after the expiry of the periodreferred to in sub–section (6) of section 12 or sub–section (5)of section 13, as the case may be.

 

(3) Where the report ofany settlement arrived at in the course of conciliation proceeding before aBoard is signed by the chairman and all the other members of the Board, no suchsettlement shall be invalid by reason only of the casual or unforeseen absenceof any of the members (including the chairman) of the Board during any stage ofproceeding.]

 

[CHAPTER IIA

NOTICE OF CHANGE

9A. Notice of change.

No employer, who proposesto effect any change in the conditions of service applicable to any workman inrespect of any matter specified in the fourth Schedule, shall effect suchchange,-

(a) without giving tothe workmen likely to be affected bysuch change a notice in the prescribed manner of the nature of the changeproposed to be effected ; or

(b) within 21 days of giving such notice:

Provided that no noticeshall be required for effecting any such change—

(a) where the change iseffected in pursuance of any [settlementor award];or

(b) where the workmanlikely to affected by such change are persons to whom the Fundamental and Supplementary Rules, CivilServices (Classification, Control and Appeal ) Rules, Civil Service (TemporaryService) Rules, Revised Leave Rules, Civil Services Regulations, Civilian inDefence Services (Classification, Control and Appeal) Rules or the IndianRailway Establishment Code or any other rules or regulations that may benotified in this behalf by the appropriate Government in the Official Gazette,apply.

9B. Power of Governmentto exempt.

Where the appropriateGovernment is of opinion that the application of the provisions of section 9Ato any class of industrial establishments or to any class of workmen employedin any industrial establishment affect the employers in relation thereto soprejudicially that such application may cause serious repercussion on the industryconcerned and that public interest so requires, the appropriate Government may,by notification, in the Official Gazette, direct that the provisions of thesaid section shall not apply or shall apply, subject to such conditions as maybe specified in the notification, to that class of industrial establishments orto that class of workmen employed in any industrial establishment.]

[CHAPTER IIB

REFERENCEOF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES

9C.Setting up of GrievanceSettlement Authorities and reference of certain individual disputes to suchauthorities

(1) The employer inrelation to every industrial establishment in which fifty or more workmen areemployed or have been employed on any day in the preceding twelve months, shallprovide for, in accordance with the rules made in that behalf under this Act, aGrievance Settlement Authority for the settlement of industrial disputesconnected with an individual workman employed in the establishment.

 

(2) Where an industrialdispute connected with an individual workman arises in an establishmentreferred to in sub–section (1), a workmen or any trade union of workmen of which such workman is a member, refer, insuch manner as may be prescribed such dispute to the Grievance SettlementAuthority provided for by the employer under that sub–section forsettlement.

 

(3) The GrievanceSettlement Authority referred to in sub–section (1) shall follow suchprocedure and complete its proceedings within such period as may be prescribed.

 

(4) No reference shall bemade under Chapter III with respect to any dispute referred to in this sectionunless such dispute has been referred to the Grievance Settlement Authorityconcerned and the decision of the Grievance Settlement Authority is notacceptable to any of the parties to the dispute.

CHAPTER III

REFERENCEOF DISPUTES TO BOARDS, COURTS OR TRIBUNALS

10. Reference of disputesto Boards, Courts or Tribunals.

(1).[Where theappropriate Government is of opinion that any industrial dispute exists or isapprehended, it may at any time], by order in writing,-

(a) refer the dispute to a Board for promotinga settlement thereof; or

(b) refer any matter appearing to be connectedwith or relevant to the dispute to a Court for inquiry; or

(c) refer the dispute or any matter appearingto be connected with, or relevant to, the dispute, if it relates to any matterspecified in the Second Schedule, to a Labour Court for adjudication; or

(d) refer the dispute or any matter appearingto be connected with, or relevant to, the dispute, whether it relates to anymatter specified in the Second Schedule, to a Tribunal for adjudication:

Provided that where thedispute relates to any matter specified in the Third Schedule and is not likelyto affect more than one hundred workmen, the appropriate Government may, if itso thinks fit, make the reference to a Labour Court under clause (c):]

[Provided further that]where the dispute relates to a public utility service and a notice undersection 22 has been given, the appropriate Government shall, unless itconsiders that the notice has been frivolously or vexatiously given or that itwould be inexpedient so to do, make a reference under this sub–sectionnotwithstanding that any other proceedings under this Act in respect of thedispute may have commenced:

 

[Provided also that wherethe dispute in relation to which the Central Government is the appropriateGovernment, it shall be competent for that Government to refer the dispute to aLabour Court or an Industrial Tribunal, as the case may be, constituted by theState Government.]

 

[(1A) Where the CentralGovernment is of opinion that any industrial dispute exists or is apprehendedand the dispute involves any question of national importance or is of such a naturethat industrial establishments situated in more than one State are likely to beinterested in, or affected by, such dispute and that the dispute should beadjudicated by a National Tribunal, then the Central Government may, whether ornot 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 connectedwith, or relevant, to the dispute, whether it relates to any matter specifiedin the Second Schedule or the thirdSchedule, to a National Tribunal for adjudication.]

 

(2) Where the parties toan industrial dispute apply in the prescribed manner, whether jointly orseparately, for a reference of the dispute to a Board, Court,[LabourCourt, Tribunal or National Tribunal],the appropriate Government, if satisfiedthat the persons applying represent the majority of each party, shall make thereference accordingly.

 

[(2A) An order referringan industrial dispute to a Labour Court, Tribunal or National Tribunal underthis section shall specify the period within which such Labour Court, Tribunalor National Tribunal shall submit its award on such dispute to the appropriateGovernment:

 

Provided that where suchindustrial dispute is connected with an individual workman, no such periodshall exceed three months:

 

Provided further that where theparties to an industrial dispute apply in the prescribed manner, whetherjointly or separately, to the Labour Court, Tribunal or NationalTribunal for extension of such period or for any other reason, and thepresiding officer of such Labour Court, Tribunal or National Tribunal considersit necessary or expedient to extend such period, he may for reasons to berecorded in writing, extend such period by such further period as he may thinksfit;

 

Provided also that incomputing any period specified in this sub–section, the period, if any,for which the proceedings before the Labour Court, Tribunal or NationalTribunal had been stayed by any injunction or order of a Civil Court shall beexcluded:

 

Provided also that noproceedings before a Labour Court, Tribunal or National Tribunal shall lapsemerely on he ground that any period specified under this sub–section hadexpired without such proceedings being completed.]

 

(3) Where an industrialdispute has been referred to a Board [Labour Court, Tribunal or NationalTribunal] under this section, the appropriate Government may by order prohibitthe continuance of any strike or lock–out in connection with suchdispute which may be in existence on the date of the reference.

 

[(4) Where in an orderreferring an industrial dispute to [a Labour Court, Tribunal or NationalTribunal] under this section or a subsequent order, the appropriate Governmenthas specified he points of dispute for adjudication [the Labour Court or theTribunal or the National Tribunal, as the case may be], shall confine itsadjudication to those points and matters incidental thereto.

 

(5) Where a disputeconcerning any establishment or establishments has been, or is to be, referredto a [Labour Court, Tribunal or NationalTribunal]under this section and the appropriate Government is of opinion,whether on an application made to it in this behalf or otherwise, that thedispute is of such a nature that any other establishments, group or class ofestablishment of a similar nature is likely to be interested in, or affectedby, such dispute, the appropriate Government may, at the time of making thereference 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 isapprehended in that establishment, group or class of establishments.]

 

[(6) Where any referencehas been made under sub–section (1A) to a National Tribunal, thennotwithstanding anything contained in this Act, no Labour Court or Tribunalshall have jurisdiction to adjudicate upon any matter which is underadjudication before the National Tribunal, and accordingly,–

(a) if the matter underadjudication before the National Tribunal is pending a proceeding before aLabour Court or Tribunal, the proceeding before the Labour Court or theTribunal, as the case may be, in so far as it relates to such matter, shall bedeemed to have been quashed on such reference to the National Tribunal; and

(b) it shall not belawful for the appropriate Government, to refer the matter under adjudicationbefore the National Tribunal to any Labour Court or Tribunal for adjudicationduring the pendency of the proceeding in relation to such matter before theNational Tribunal.

[Explanation.-Inthis sub–section, "Labour Court" or "Tribunal"includes any Court or Tribunal or other authority constituted under any lawrelating to investigation and settlement of industrial disputes in force in anyState.]

 

(7) Where any industrialdispute, in relation to which the Central Government is not the appropriateGovernment, is referred to a National Tribunal, then, notwithstanding anythingcontained in this Act, any reference insection 15, section 17, section 19, section 33A, section 33B and section 36A tothe appropriate Government in relation to such dispute shall be construed as areference to the Central Government but, save as aforesaid and as otherwiseexpressly provided in this Act, anyreference in any other provision of this Act to the appropriate Government inrelation to that dispute shall mean a reference to the State Government.]

 

[(8) No proceedingspending before a Labour Court, Tribunal or National Tribunal in relation to anindustrial dispute shall lapse merely by reason of the death of any of theparties to the dispute being a workman, such Labour Court, Tribunal or NationalTribunal shall complete such proceedings and submit its award to the appropriateGovernment.]

[10A.Voluntary referenceof disputes to arbitration.

(1) Where any industrialdispute exists or is apprehended and the employer and the workmen agree torefer the dispute to arbitration, they may, at any time before the dispute hasbeen referred under section 10 to a Labour Court or Tribunal or NationalTribunal, by a written agreement, refer the dispute to arbitration and thereference shall be to such person or persons (including the presiding officerof a Labour Court or Tribunal or National Tribunal) as an arbitrator orarbitrators as may be specified in the arbitration agreement.

 

[(1A) Where anarbitration agreement provide for a reference of the dispute to an even numberof arbitrators, the agreement shall provide for the appointment of anotherperson as umpire who shall enter upon the reference, if the arbitrators areequally divided in their opinion, and the award of the umpire shall prevail andshall be deemed to be the arbitration award for the purpose of this Act.]

 

(2) An arbitrationagreement referred to in sub–section (1) shall be in such form and shallbe signed by the parties thereto in suchmanner as may be prescribed.

 

(3) A copy of thearbitration agreement shall be forwarded to the appropriate Government and theconciliation officer and the appropriate Government shall, with in [one month] from the date of the receipt ofsuch copy, publish the same in the Official Gazette.

 

[(3A) Where an industrialdispute has been referred to arbitration and the appropriate Government issatisfied that the persons making the reference represent the majority of eachparty, 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 suchnotification is issued, the employer and workmen who are not parties to thearbitration agreement but are concerned in the dispute, shall be given anopportunity of presenting their case before the arbitrator or arbitrators.]

 

(4) The arbitrator orarbitrators shall investigate the dispute and submit to the appropriateGovernment the arbitration award signed by the arbitrator or all thearbitrators, as the case may be.

 

[(4A) Where an industrialdispute has been referred to arbitration and a notification has been issuedunder sub–section (3A) the appropriate Government may, by order,prohibit the continuance of any strike or lock–out in connection withsuch dispute which may be in existence on the date of the reference.]

 

(5) Nothing in theArbitration Act, 1940 (10 of 1940),shall apply to arbitration under thissection.]

CHAPTER IV

PROCEDURE, POWERS AND DUTIES OFAUTHORITIES

11. Procedure and powersof conciliation officers, Boards, Courts and Tribunals.

[(1) Subject to any rulesthat may be made in this behalf, an arbitrator, a Board, Court, Labour CourtTribunal or National Tribunal shall follow such procedure as the arbitrator orother authority concerned may think fit.]

 

(2) A conciliationofficer or a member of a Board [or Courtor the presiding officer of a Labour Court, Tribunal or National Tribunal] mayfor the purpose of inquiry into any existing or apprehended industrial dispute,after giving reasonable notice, enter the premises occupied by anyestablishment to which the dispute relates.

 

(3) Every Board, Court[Labour Court, Tribunal or National Tribunal] shall have the same powers as arevested in a Civil Court under the Code of Civil Procedure, 1908(5 of 1908),when trying a suit, in respect of the following matters:-

(a) enforcing the attendance of any person andexamining him on oath;

(b) compelling the production of documents andmaterial objects;

(c) issuing commissions for the examination ofwitnesses;

(d) in respect of such other matters as may beprescribed;

and every inquiry orinvestigation by a Board, Court^,[Labour Court, Tribunal or NationalTribunal],shall be deemed to be judicial proceeding within the meaning ofsections 193 and 228 of the Indian Penal Code(45 of 1860).

 

(4) A conciliationofficer [may enforce the attendance of any person for the purpose ofexamination of such person or call for] and inspect any document which he hasground for considering to be relevant to the industrial dispute [or to be necessary for the purpose ofverifying the implementation of any award or carrying out any other dutyimposed on him under this Act, and for the aforesaid purposes, the conciliationofficer shall have the same powers as are vested in a Civil Court under theCode of Civil Procedure, 1908 (5 of 1908), [in respect of enforcing theattendance of any person and examining him or, of compelling the production ofdocuments.] ]

 

[(5) A Court, LabourCourt, Tribunal or National Tribunal may, if it so thinks fit, appoint one ormore persons having special knowledge of the matter under consideration asassessor or assessors to advise it in the proceeding before it.

 

(6) All conciliationofficers, members of a Board or Court and the presiding officers of a LabourCourt, Tribunal or National Tribunal shall be deemed to be public servantswithin the meaning of section 21 of the Indian Penal Code (45 of 1860).

 

(7) Subject to any rulesmade under this Act, the costs of, and incidental to, any proceeding before aLabour Court Tribunal or National Tribunal shall be in the discretion of that LabourCourt, Tribunal or National Tribunal and the Labour Court, Tribunal or NationalTribunal, as the case may be, shall havefull power to determine by and to whom and to what extent and subject to what conditions, if any, suchcosts are to be paid, and to give all necessary directions for the purposesaforesaid and such costs may, on application made to the appropriate Governmentby the person entitled, be recovered by that Government in the same manner asan arrear of land revenue.]

 

[(8) Every[Labour Court,Tribunal or National Tribunal] shall be deemed to be Civil Court for thepurposes of [sections 345,346 and 348 of the Code of Criminal Procedure, 1973(2 of 1974).]

[11A.Powers of LabourCourts, Tribunals and National Tribunals to give appropriate relief in case ofdischarge or dismissal of workmen.

Where an industrialdispute relating to the discharge or dismissal of a workman has been referredto a Labour Court, Tribunal and National Tribunal for adjudication and; in thecourse of the adjudication proceedings, the Labour Court, Tribunal and NationalTribunal, as the case may be, is satisfied that the order of discharge ordismissal was not justified, it may, by its award, set aside the order ofdischarge or dismissal and direct reinstatement of the workman on such termsand condition, if any, as it thinks fit, or give such other relief to theworkman including the award of any lesser punishment in lieu of discharge ordismissal as the circumstances of the case may require:

 

Provided that in any proceedingunder this section the Labour Court, Tribunal or National Tribunal, as the casemay be, shall rely only on the materials on record and shall not take any freshevidence in relation to the matter.]

12.Duties of Conciliationofficers.

(1) Where any industrialdispute exists or is apprehended, the conciliation officer may, or where thedispute relates to a public utility service and a notice under section 22 hasbeen given, shall hold conciliation proceedings in the prescribed manner.

 

(2) The conciliationofficer shall, for the purpose of bringing about a settlement of the dispute,without delay, investigate the dispute and all matters affecting the merits andthe right settlement thereof and may do all such things as he thinks fit forthe purpose of inducing the parties to come to a fair and amicable settlementof the dispute.

 

(3) If a settlement ofthe dispute or of any of the matters in dispute is arrived at in the course ofthe conciliation proceedings the conciliation officer shall send a reportthereof to the appropriate Government [or an officer authorised in this behalfby the appropriate Government] together with a memorandum of the settlementsigned by the parties to the dispute.

 

(4) If no such settlementis arrived at, the conciliation officer shall, as soon as practicable after theclose of the investigation, send to the appropriate Government a full reportsetting forth the steps taken by him for ascertaining the facts andcircumstances relating to the dispute and for brining about a settlementthereof, together with a full statement of such facts and circumstances, andthe reasons on account of which, in his opinion, a settlement could not bearrived at.

 

(5) If, on aconsideration of the report referred to in sub–section (4), the appropriateGovernment is satisfied that there is a case for reference to a Board,[LabourCourt, Tribunal or National Tribunal], it may make such reference. Wherethe appropriate Government does not make such a reference it shall record andcommunicate to the parties concerned its reasons therefor.

 

(6) A report under thissection shall be submitted within fourteen days of the commencement of heconciliation proceedings or within such shorter period as may be fixed by theappropriate Government.

 

[Provided that [subjectto the approval of the conciliation officer,] the time for the submission ofthe report may be extended by such period as may be agreed upon in writing byall the parties to the dispute.

13. Duties of Board.

(1) Where a dispute hasbeen referred to a Board under this Act, it shall be the duty of the Board toendeavour to bring about a settlement of the same and for this purpose theBoard shall, in such manner as it thinks fit and without delay, investigate thedispute and all matters affecting the merits and the right settlement thereofand may do all such things as it thinks fit for the purpose of inducing theparties to come to a fair and amicable settlement of the dispute.

 

(2) If a settlement ofthe dispute or of any of the matters in dispute is arrived at in the course ofthe conciliation proceedings, the Board shall send a report thereof to theappropriate Government together with a memorandum of the settlement signed bythe parties to the dispute.

 

(3) If no such settlementis arrived at, the Board shall, as soon aspracticable after the close of the investigation, send to theappropriate Government a full report setting forth the proceedings and stepstaken by the Board for ascertaining the facts and circumstances relating to thedispute and for brining about a settlement thereof, together with a fullstatement of such facts and circumstances, its findings thereon, the reasons onaccount of which, in its opinion, a settlement could not be arrived at and itsrecommendations for the determination of the dispute.

(4) If, on the receipt ofa report under sub–section (3) in respect of a dispute relating to apublic utility service, the appropriate Government does not make a reference toa [Labour Court, Tribunal or National Tribunal] under section 10, it shallrecord and communicate to the parties concerned its reasons therefor.

(5) The Board shallsubmit its report under this section within two months of the date [on which the dispute was referred to it] orwithin such shorter period as may be fixed by the appropriate Government;

 

Providedthat the appropriateGovernment may from time extend the time for the submission of the report bysuch further periods not exceeding two months taken together:

 

Provided further that thetime for the submission of the report may be extended by such period as may beagreed on in writing by all parties to the dispute.

14. Duties of Courts.

A Court shall inquireinto the matters referred to it and report thereon to the appropriateGovernment ordinarily within a period of six months from the commencement ofits inquiry.

[15. Duties of LabourCourts, Tribunals and National Tribunals.

Where an industrialdispute has been referred to a Labour Court, Tribunal or National Tribunal foradjudication, it shall hold its proceedings expeditiously and shall [within theperiod specified in the order referring such industrial dispute or the furtherperiod extended under the second proviso to sub–section (2A) of section10], submit its award to the appropriate Government.]

16. Form of report oraward.

(1) The report of a Boardor Court shall be signed by all the members of the Board or Court, as the casemay be:

 

Provided that nothing inthis section shall be deemed to prevent any member of the Board or Court fromrecording any minute of dissent from a report or from any recommendation madetherein.

 

(2) The award of a LabourCourt or Tribunal or National Tribunal shall be in writing and shall be signedby its presiding officer.]

17. Publication ofreports and awards.

(1) Every report of aBoard or Court together with any minute of dissent recorded therewith, everyarbitration award and every award of a Labour Court, Tribunal or NationalTribunal shall, within a period of thirty days from the date of its receipt bythe appropriate Government, be published in such manner as the appropriateGovernment thinks fit.

 

(2) Subject to theprovisions 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 mannerwhatsoever.]

 

17A. Commencement of theaward.

(1) An award (includingan arbitration award) shall become enforceable on the expiry of thirty daysfrom 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 inrelation 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 National Tribunal, that it willbe inexpedient on public grounds affecting national economy or social justiceto give effect to the whole or any part of the award, the appropriateGovernment or as the case may be the Central Government may, by notification inthe official Gazette, declare that the award shall not become enforceable onthe expiry or the said period of thirty days.

(2) Where any declarationhas been made in relation to an award under the proviso to sub–section(1), the appropriate Government, or the Central Government may, within ninetydays from the date of publication of the award under section 17, make an orderrejecting 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 theState, 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 asrejected or modified by an order made under sub–section (2) is laid beforethe Legislature of a State or before Parliament, such award shall becomeenforceable on the expiry or fifteen days from the date on which it is so laid;and where no order under sub–section (2) is made in pursuance of adeclaration under the proviso to sub–section (1), the award shall becomeenforceable on the expiry of the period of 90 days referred to in sub-section(2).

 

(4) Subject to theprovisions of sub–section (1)and sub–section (3) regarding theenforceability of an award, the award shall come into operation with effectfrom such date as may be specified therein, but where no date is so specified,it shall come into operation on the date when the award becomes enforceableunder sub–section(1) or sub–section (3) as the case may be.]

[17B. Payment of full wages to workman pendingproceedings in higher courts.

Where in any case, aLabour Court, Tribunal or National Tribunal by its award directs reinstatementof any workman and the employer prefers any proceedings against such award in aHigh Court or the Supreme Court, the employer shall be liable to pay suchworkman, during the period of pendency of such proceedings in the High Court orthe Supreme Court, full wages last drawn by him, inclusive of any maintenanceallowance admissible to him under any rule if the workman had not been employedin any establishment during such period and an affidavit by such workman hadbeen filed to that effect in such Court:

 

Provided that where it isproved to the satisfaction of a High Court or the Supreme Court that suchworkman had been employed and had been receiving adequate remuneration duringany such period or part thereof, the Court shall order that no wages shall bepayable under this section for such period or part, as the case may be].

18. Persons on whomsettlements and awards are binding.

[(1) A settlement arrivedat by agreement between the employer and workman otherwise than in the courseof conciliation proceeding shall be binding on the parties to the agreement.

 

(2) [Subject to theprovisions of sub–section (3), an arbitration award] which has becomeenforceable shall be binding on the parties to the agreement who referred thedispute to arbitration.]

 

[(3)] A settlementarrived at in the course of conciliation proceedings under this Act [or an arbitration award in a case where anotification has been issued under sub–section (3A) of section 10A]or[an award] [of a Labour Court, Tribunalor National Tribunal] which has become enforceable] shall be binding on–

(a) all partiesto the industrial dispute;

(b) all other parties summoned to appear inthe proceedings as parties to the dispute, unless the Board, arbitrator, Labour Court, Tribunal or NationalTribunal],as the case may be, records the opinion that they were so summonedwithout proper cause;

(c) where a party referred to in clause (a) orclause (b) is an employer, his heirs, successors or assigns in respect of theestablishment to which the dispute relates;

(d) where a party referred to include (a) orclause (b)is composed of workmen, all persons who were employed in theestablishment or part of the establishment, as the case may be, to which thedispute relates on the date of the dispute and all persons who subsequently becomeemployed in that establishment or part.

19. Period of operationof settlements and awards.

(1) A settlement [—–]shall come into operation on such date as is agreed upon by the parties to thedispute, and if no date is agreed upon, on the date on which the memorandum ofthe settlement is signed by the parties to the dispute.

 

(2) Such settlement shallbe binding for such period as is agreed upon by the parties, and if no suchperiod is agreed upon, for a period of six months [from the date on which thememorandum of settlement is signed by the parties to the dispute], and shallcontinue 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 anintention to terminate the settlement is given by one of the parties to theother party or parties to the settlement.

 

[(3) An award shall,subject to the provisions of this section, remain in operation for a period ofone year[from the date on which the award becomes enforceable under section17A]:

 

Provided that theappropriate Government may reduce the said period and fix such period as itthinks fit:

 

Provided further that theappropriate Government may, before theexpiry of the said period extend the period of operation by any period notexceeding one year at a time as it thinks fit so, however, that the totalperiod of operation of any award does not exceed three years from the date onwhich it came into operation.

 

(4) Where the appropriateGovernment, whether of its own motion or on the application of any party boundby the award, considers that since the award was made, there has been amaterial change in the circumstances on which it was based, the appropriateGovernment may refer the award or a part of it [to a Labour Court, if the awardwas that of a Labour Court or to a Tribunal, if the award was that of aTribunal or of a National Tribunal] for decision whether the period ofoperation should not, by reason of such change, be shortened and the decisionof [Labour Court or the Tribunal, as the case may be],on such referenceshall [—–] be final.

 

(5) Nothing contained insub–section (3), shall apply to any award which by its nature, terms orother circumstances does not impose, after it has been given effect to, anycontinuing obligation on the parties bound by the award.

 

(6) Notwithstanding theexpiry of the period of operation under sub–section (3), the award shallcontinue to be binding on the parties until a period of two months has elapsedfrom the date on which notice is given by any party bound by the award to theother party or parties intimating its intention to terminate the award.

 

[(7) No notice givenunder sub–section (2)or sub–section (6),shall have effect ,unlessit is given by a party representing the majority of persons bound by thesettlement or award, as the case may be.]

20. Commencement andconclusion of proceedings.

(1) A conciliationproceeding shall be deemed to have commenced on the date on which a notice ofstrike or lock–out under section 22 is received by the conciliationofficer or on the date of the order referring the dispute to a Board, as the case may be.

 

(2) A conciliationproceeding shall be deemed to have concluded–

(a) where a settlement is arrived at, when amemorandum of the settlement is signed by the parties to the dispute;

(b) where no settlement is arrived at, whenthe report of the conciliation officer is received by the appropriateGovernment or when the report of the Board is published under section 17,as thecase may be; or

(c) when a reference is made to a Court[Labour Court, Tribunal or National tribunal] under section 10 during thependency or conciliation proceedings.

(3) Proceedings [beforean arbitrator under section 10A or before a Labour Court, Tribunal NationalTribunal] shall be deemed to have commenced on the date of the [reference ofthe dispute for arbitration or adjudication, as of the case may be] and suchproceedings shall be deemed to have concluded [on the date on which the awardbecomes enforceable under section 17A.]

21. Certain matters to bekept confidential.

There shall not beincluded in any report or award under this Act any information obtained by aconciliation officer, Board, Court [Labour Court, Tribunal, National Tribunalor an arbitrator] in the course of any investigation or inquiry as to a tradeunion or as to any individual business (whether carried on by a person, firm orcompany) which is not available otherwise than through the evidence givenbefore such officer, Board, Court [Labour Court, Tribunal, NationalTribunal or arbitrator],if the trade union , person, firm or company, inquestion has made a request in writing to the conciliation officer, Board,Court, [Labour Court, Tribunal,National Tribunal or arbitrator] asthe case may be, that such information shall be treated as confidential; norshall such conciliation officer or any individual member of the Board, [orcourt or the presiding officer of the Labour Court, Tribunal, National Tribunalor the arbitrator], or any person present at or concerned in the proceedingsdisclose any such information without the consenting writing of the secretaryof the trade union or the person, firm or company in question, as the case maybe:

 

Provided that nothingcontained in this section shall apply to a disclosure of any such informationfor the purposes of a prosecution under section 193 of the Indian Penal Code(45 or 1860)

CHAPTER V

STRIKESAND LOCK–OUTS

22. Prohibition ofstrikes and lock-outs

No person employed in apublic utility service shall go on strike in breach of contract–

(a) without giving to the employer notice ofstrike, as hereinafter provided, within six weeks before striking; or

(b) withinfourteen days of giving such notice; or

(c) before the expiry of the date of strikespecified in any such notice as aforesaid; or

(d) during the pendency or any conciliationproceedings before a conciliation officer and seven days after the conclusionof such proceedings.

(2) No employer carryingon any public utility service shall lock–out any of his workmen–

(a) without giving them notice of lock–outas hereinafter provided, within six weeks before locking–out; or

(b) withinfourteen days of giving such notice; or

(c) before the expiry the date of lock–outspecified in any such notice as aforesaid; or

(d) during the pendency of any conciliationproceedings before a conciliation officer and seven days after the conclusionof such proceedings.

(3) The notice of lock–outor strike under this section shall not be necessary where there is already inexistence a strike or, as the case may be, lock–out in the publicutility service, but the employer shall send intimation of such lock–outor strike on the day on which it is declared, to such authority as may bespecified by the appropriate Government either generally or for a particulararea or for a particular class of public utility services.

 

(4)The notice of strikereferred to in sub–section (1) shall be given by such number of personsto such person or persons and in such manner as may be prescribed.

 

(5) The notice of lock–outreferred to in sub–section (2) shall be given in such manner as may beprescribed.

 

(6) If on any day anemployer receives from any persons employed by him any such notices as arereferred to in sub–section (1) or gives to any persons employed by himany such notices as are referred to in sub–section (2), he shall withinfive days thereof report to the appropriate Government or to such authority asthat Government may prescribe the number of such notices received or given onthat day.

23. General prohibitionof strikes and lock-outs.

No workman who isemployed in any industrial establishment shall go on strike in breach ofcontract and no employer of any such workman shall declare a lock–out –

(a) during the pendency of conciliationproceedings before a Board and seven days after the conclusion of suchproceedings;

(b) during the pendency of proceedings before[a Labour Court, Tribunal or National Tribunal] and two months after theconclusion of such proceedings; [—–]

[(bb) during the pendency of arbitrationproceedings before an arbitrator and two months after the conclusion of suchproceedings, where a notification has been issued under sub–section(3A)of section 10A;or]

(c) during any period in which a settlement oraward is in operation in respect of any of the matters covered by thesettlement or award.

24. Illegal strikes andlock-outs.

(1) A strike or a lock–outshall be illegal if–

(i) it is commenced or declared incontravention of section 22 or section 23;or

(ii) it is continued in contravention of anorder made under sub–section (3) of section10 [or sub–section(4A) of section 10A.]

(2) where a strike orlock–out in pursuance of an industrial dispute has already commenced andis in existence at the time of the reference of the dispute to a Board [an arbitrator,] [Labour Court, Tribunal or NationalTribunal],the continuance of such strike or lock–out shall not be deemedto be illegal ,provided that such strike or lock–out was not at itscommencement in contravention of the provisions of this Act or the continuancethereof was not prohibited under sub–section (3) of section 10 [or sub–section(4A) of section 10A]

 

(3) A lock–outdeclared in consequence of an illegal strike or a strike declared inconsequence of an illegal lock–out shall not be deemed to be illegal.

25. Prohibition offinancial aid to illegal strikes and lock-outs.

No person shall knowinglyexpend or apply any money in direct furtherance of support of any illegalstrike or lock–out.

[CHAPTER VA

LAY–OFFAND RETRENCHMENT

25A. Application ofsections 25C to 25E

(1) Sections 25C to 25Einclusive [shall not apply to industrialestablishments to which chapter VB applies, or–]

(a) to industrial establishments in which lessthan fifty workmen on an average per working day have been employed in thepreceding calendar month; or

(b) to industrial establishments which are ofa seasonal character or in which work is performed only intermittently.

(2) If a question ariseswhether an industrial establishment is of a seasonal character or whether workis performed therein only intermittently, the decision of the appropriateGovernment thereon shall be final.

 

[Explanation.-Inthis section and in sections 25C, 25D and 25E, "industrialestablishment" means–

(i) a factory as defined in clause(m) ofsection 2 of the Factories Act,1948 (63 of 1948);or

(ii) a mine as defined in clause (f) of section2 of the Mines Act,1952 (35 of 1952);or

(iii) a plantation as defined in clause (f) ofsection 2 of the Plantations Labour Act,1951(69 of 1951).]

[25B. Definition ofcontinuous service.

For the purposes of thisChapter-

(1) a workman shall besaid to be in continuous service for a period if he is, for that period, inuninterrupted service, including service which may be interrupted on account ofsickness 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 onthe part of the workman;

 

(2) where a workman isnot in continuous service within the meaning of clause (1) for a period of oneyear or six months, he shall be deemed to be in continuous service under anemployer–

 

(a) for a period of one year, if the workman,during a period of twelve calendar months preceding the date with reference towhich calculation is to be made, has actually worked under the employer for notless than–

(i) one hundred and ninety days in the caseof a workman employed below ground in a mine; and

(ii) two hundred and forty days, in any othercase;

(b) for a period of six months, if theworkman, during a period of six calender months preceding the date withreference to which calculation is to be made, has actually worked under theemployer for not less than–

(i) ninety–five days, in the case of aworkman employed below ground in a mine; and

(ii) one hundred and twenty days, in any othercase.

Explanation.- Forthe purposes of clause (2),the number of days on which a workman has actuallyworked under an employer shall include the days on which–

(i) he has been laid–off under anagreement or as permitted by standing orders made under the IndustrialEmployment (Standing Orders)Act,1946 (20 of 1946), or under this Act or underany 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 temporarydisablement caused by accident arising out of and in the course of hisemployment; and

 

(iv) in the case of a female, she has been onmaternity leave; so, however, that the total period of such maternity leavedoes not exceed twelve weeks.]

[25C. Right of workmenlaid-off for compensation.

Whenever a workman (otherthan a badli workman or a casual workman) whose name is borne on the musterrolls of an industrial establishment and who has completed not less than oneyear of continuous service under an employer is laid–off, whethercontinuously or intermittently, he shall be paid by the employer for all daysduring which he is so laid–off, except for such weekly holidays as mayintervene, compensation which shall be equal to fifty per cent of thetotal of the basic wages and dearness allowance that would have been payable tohim had he not been so laid–off:

 

Provided that if duringany period of twelve months, a workman is so laid–off for more thanforty–five days, no such compensation shall be payable in respect of anyperiod of the lay–off after the expiry of the first forty–fivedays, if there is an agreement to that effect between the workman and theemployer:

 

Provided further that itshall be lawful for the employer in any case falling within the foregoingproviso to retrenching the workman in accordance with the provisions containedin section 25F at any time after the expiry of the first forty–five daysof the lay–off and when he does so, any compensation paid to the workmanfor having been laid–off during the preceding twelve months may be setoff against the compensation payable for retrenchment.

 

Explanation.- "Badli workman" means a workmen who is employedin an industrial establishment in theplace of another workman whose name is borne on the muster rolls of theestablishment, but shall cease to be regarded as such for the purposes of thissection, if he has completed one year of continuous service in theestablishment.]

25D. Duty of an employerto maintain muster rolls of workmen.

Notwithstanding thatworkmen in any industrial establishment have been laid–off, it shall bethe duty of every employer to maintain for the purposes of this Chapter amuster roll and to provide for the making of entries therein by workmen who maypresent themselves for work at the establishment at the appointed time duringnormal working hours.

25E. Workmen not entitledto compensation in certain cases.

No compensation shall bepaid to a workman who has been laid–off–

(i) if he refuses to accept any alternativeemployment in the same establishment from which he has been laid–off, orin any other establishment belonging to the same employer situate in the sametown or village or situate within a radius of five miles from the establishmentto which he belongs, if, in the opinion of the employer, such alternativeemployment does not call for any special skill or previous experience and canbe done by the workman, provided that the wages which would normally have beenpaid to the workman are offered for the alternative employment also;

(ii) if he does not present himself for work atthe establishment at the appointed time during normal working hours at leastonce a day;

(iii) if such laying–off is due to astrike or slowing–down of production on the part of workmen in anotherpart of the establishment.

25F. Conditions precedentto retrenchment of workmen.

No workman employed inany industry who has been in continuous service for not less than one yearunder an employer shall be retrenched bythat employer until–

(a) the workman has been given one month’snotice in writing indicating the reasons for retrenchment and the period ofnotice has expired, or the workman has been paid in lieu of such notice, wagesfor the notice;

[—–]

(b) the workmen has been paid, at the time of retrenchment, compensation whichshall be equivalent to fifteen days’ average pay [for every completed year of continuousservice] or any part thereof in excess of six months; and

(c) notice in the prescribed manner is servedon the appropriate Government [or such authority as may be specified by theappropriate Government by notification in the Official Gazette]

[25FF. Compensation toworkmen in case of transfer of undertakings.

Where the ownership ormanagement of an undertaking is transferred, whether by agreement or byoperation of law, from the employer in relation to that undertaking to anew employer, every workman who has beenin continuous service for not less than one year in that undertakingimmediately before such transfer shall be entitled to notice and compensationin accordance with the provisions of section 25F,as if the workman had beenretrenched:

 

Provided that nothing inthis section shall apply to a workman in any case where there has been a changeof employers by reason of the transfer, if–

(a) the service of the workman has not beeninterrupted by such transfer;

(b) the termsand conditions of service applicable to the workman after suchtransfer are not in any way less favourable to the workman than thoseapplicable to him immediately before the transfer; and

(c) the new employer is, under the terms ofsuch transfer or otherwise, legally liable to pay to the workman, in the eventof his retrenchment, compensation on the basis that his service has beencontinuous and has not been interrupted by the transfer.

[25FFA. Sixty days’notice to be given of intention to close down any undertaking.

(1) An employer whointends to close down an undertaking shall serve, at least sixty days beforethe date on which the intended closure is to become effective, notice, in theprescribed manner, on the appropriate Government stating clearly the reasonsfor the intended closure of the undertaking.

 

Provided that nothing in thissection shall apply to –

(a) anundertaking in which–

(i) less than fifty workmen are employed, or

(ii) less than fifty workmen were employed onan average per working day in the preceding twelve months;

(b) an undertaking set up for the constructionof buildings, bridges, roads, canals dams or for other construction work orproject.

(2) Notwithstandinganything contained in sub–section (1), the appropriate Government may,if it is satisfied that owing to such exceptional circumstances as accident inthe 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 inrelation to such undertaking for such period as may be specified in the order.]

25FFF. Compensation toworkmen in case of closing down of undertakings.

(1) Where an undertakingis closed down for any reason whatsoever, every workman who has been incontinuous service for not less than one year in that undertaking immediatelybefore such closure shall, subject to the provisions of sub–section (2),be entitled to notice and compensation in accordance with the provisions ofsection 25F, as if the workman had been retrenched:

 

Provided that where theundertaking is closed down on account of unavoidable circumstances beyond thecontrol of the employer, the compensation to be paid to the workman underclause (b) of section 25F shall not exceed his average pay for three months.

 

[Explanation.-Anundertaking which is closed down by reason merely of–

(i) financialdifficulties (including financial losses);or

(ii) accumulation of indisposed of stocks; or

(iii) the expiry of the period of the lease orlicence granted to it; or

(iv) in a case where the undertaking is engagedin mining operations, exhaustion the minerals in the area in which suchoperations are carried on;

shall not be deemed to beclosed down on account of unavoidable circumstances beyond the control of theemployer within the meaning of the proviso to this sub–section.]

 

[(1A) Notwithstanding anything contained insub–section (1) where an undertaking engaged in mining operations isclosed down by reason merely of exhaustion of the minerals in the area in whichsuch operations are carried on, no workman referred to in that sub–sectionshall be entitled to any notice or compensation in accordance with theprovisions of section 25F,if–

(a) the employer provides the workman withalternative employment with effect from the date of closure at the sameremuneration as he was entitled to receive, and on the same terms andconditions of service as were applicable to him, immediately before theclosure;

(b) the service of the workman has not beeninterrupted by such alternative employment; and

(c) the employer is, under the terms of suchalternative employment or otherwise, legally liable to pay to the workman, inthe event of his retrenchment, compensation on the basis that his service hasbeen continuous and has not been interrupted by such alternative employment.

(1B) For the purposes ofsub–sections (1) and (1A), the expressions "minerals" and"mining operations" shall have the meanings respectively assigned tothem in clauses (a) and (d) of section 3 of the Mines and Minerals (Regulationand Development) Act,1957(67 of 1957).

 

(2) Where any undertakingset–up for the construction of buildings, bridges, roads, canals, damsor other construction work is closed down on account of the completion of thework within two years from the date on which the undertaking had been set up noworkman employed therein shall be entitled to any compensation under clause (b)of section 25F, but if the construction work is not so completed within twoyears, he shall be entitled to notice and compensation under that section forevery [completed year of continuous service] or any part thereof in excess ofsix months]

25G. Procedure forretrenchment.

Where any workman in anindustrial establishment, who is a citizen of India, is to be retrenched and hebelongs to a particular category of workmen in that establishment, in theabsence of any agreement between the employer and the workman in this behalf,the employer shall ordinarily retrench the workman who was the last person tobe employed in that category, unless for reasons to be recorded the employerretrenches any other workman.

25H. Re-employment ofretrenched workmen.

Where any workmen areretrenched, and the employer proposes to take into his employ any persons, heshall, in such manner as may be prescribed, give an opportunity[to the retrenched workmen who are citizens of India to offer themselvesfor re–employment, and such retrenched workmen] who offer themselves forre–employment shall have preference over other persons.

25I.Recovery of moneysdue from employers under this Chapter

[—–]

25J. Effect of lawsinconsistent with this Chapter.

(1)The provisions of thisChapter shall have effect notwithstanding anything inconsistent therewithcontained in any other law [including standing orders made under the IndustrialEmployment(Standing Orders)Act,1946(20 of 1946)]

 

[Provided that whereunder the provisions of any other Act or rules, orders or notifications issuedthereunder or under any standing orders or under any award, contract of serviceor otherwise, a workman is entitled to benefits in respect of any matter whichare more favourable to him than those to which would be entitled under thisAct, the workman shall continue to be entitled to the more favourable benefitsin respect of that matter, notwithstanding that he receives benefits in respectof other matters under this Act]

 

(2) For the removal ofdoubts, it is hereby declared that nothing contained in this Chapter shall bedeemed to affect the provisions of any other law for the time being in force inany State in so far as that law provides for the settlement of industrialdisputes, but the rights and liabilities of employers and workmen in so far asthey relate to lay–off and retrenchment shall be determined inaccordance with the provisions of this Chapter.]

[CHAPTER VB

SPECIALPROVISIONS RELATING TO LAY–OFF, RETRENCHMENT AND CLOSURE IN CERTAINESTABLISHMENTS.

25K. Application ofChapter VB.

(1) The provisions ofthis Chapter shall apply to an industrial establishment (not being an establishmentof a seasonal character or in which work is performed only intermittently) inwhich not less than [one hundred]workmen were employed on an average per working day for the preceding twelvemonths.

 

(2) If a question ariseswhether an industrial establishment is of a seasonal character or whether workis performed therein only intermittently, the decision of the appropriateGovernment thereon shall be final.

25L. Definitions.

For the purposes of thisChapter,–

(a) "Industrialestablishment" means–

(i) a factory as defined in clause(m) ofsection 2 of the Factories Act,1948 (63 of 1948)

(ii) a mine as defined in clause (j) 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 sectione of the plantations Labour Act,1951(69 of 1951);

(b) notwithstanding anything contained in sub–clause(ii) of clause (a) of section 2,–

(i) in relation to any company in which notless than fifty–one per cent, of the paid–up share capital isheld by the Central Government, or

(ii) in relation to any corporation [not beinga corporation referred to in sub–clause (i) of clause (a) of section 2]established by or under any law made byparliament,

the Central Government shall be the appropriate Government.

25M. Prohibition oflay-off.

(1) No workman (otherthan a badli workman or a casual workman) whose name is borne on the musterrolls of an industrial establishment to which this Chapter applies shall belaid–off by his employer except [with the prior permission of theappropriate Government or such authority as may be specified by that Governmentby notification in the official Gazette (hereafter in this section referred toas 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].

 

[(2) An application forpermission under sub–section (1)shall be made by the employer in theprescribed manner stating clearly the reasons for the intended lay–offand a copy of such application shall also be served simultaneously on theworkmen 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) forreasons of fire, flood or excess of inflammable gas or explosion, the employer,in relation to such establishment, shall, within a period of thirty days fromthe date of commencement of such lay–off, apply, in the prescribedmanner, to the appropriate Government or the specified authority for permissionto continue the lay–off.

(4) Where an applicationfor permission under sub–section (1) or sub–section (3) has beenmade, the appropriate Government or the specified authority, after making suchenquiry as it thinks fit and after giving a reasonable opportunity of beingheard to the employer, the workmen concerned and the persons interested in suchlay–off, may having regard to the genuineness and adequacy of thereasons for such lay–off, the interests of the workmen and all otherrelevant factors, by order and for reasons to be recorded in writing, grant orrefuse to grant such permission and a copy of such order shall be communicatedto the employer and the workmen.

 

(5) Where an applicationfor permission under sub–section (1) or sub–section (3) has beenmade and the appropriate Government or the specified authority does notcommunicate the order granting or refusing to grant permission to the employerwithin 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 theexpiration of the said period of sixty days.

 

(6) An order of theappropriate Government or the specified authority granting or refusing grantpermission shall, subject to the provisions of sub–section (7), be finaland binding on all the parties concerned and shall remain in force for one yearfrom the date of such order.

 

(7) The appropriateGovernment or the specified authority may, either on its own motion or on theapplication made by the employer or any workman, review its order granting orrefusing to grant permission under sub–section (4) or refer the matteror, as the case may be, cause it to be referred, to a Tribunal foradjudication:

 

Provided that where areference has been made to a Tribunal under this sub–section, it shallpass an award within a period of thirty days from the date of such reference.

 

(8) Where no applicationfor permission under sub–section (1) is made, or where no applicationfor permission under sub–section (3) is made within the period specifiedtherein, or where the permission for any lay–off has been refused, suchlay–off shall be deemed to be illegal from the date on which the workmenhad been laid off and the workmen shall be entitled to all the benefits underany law for the time being in force as if they had not been laid–off.

 

(9) Notwithstandinganything contained in the foregoing provisions of this sections, theappropriate Government may, if it is satisfied that owing to such exceptionalcircumstance as accident in the establishment or death of the employer or thelike, 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 relationto such establishment for such period as may be specified in the order.]

 

[(10)] The provisions ofsection 25C (other than the second proviso thereto shall apply to cases of lay–offreferred to in this section.

 

Explanation.- Forthe purposes of this section , a workman shall not be deemed to be laid–offby an employer if such employer offers any alternative employment (which in theopinion of the employer does not call for any special skill or previousexperience and can be done by the workmen) in the same establishment from whichhe has been laid–off or in any other establishment belonging to the someemployer , situate in the same town or village, or situate within such distancefrom the establishment to which he belongs that the transfer will not involveundue hardship to the workman having regard to the facts and circumstances ofhis case, provided that the wages which would normally have been paid to theworkman are offered for the alternative appointment also.

[25N. Condition precedentto retrenchment of workmen

(1) No workman employedin any industrial establishment to which this Chapter applies, who has been incontinuous service for not less than one year under an employer shall beretrenched by that employer until,–

(a) the workman has been given three months’notice in writing indicating the reasons for retrenchment and the period ofnotice has expired, or the workman has been paid in lieu of such notice, wagesfor the period of the notice; and

(b) the prior permission of the appropriateGovernment or such authority as may be specified by that Government bynotification in the Official Gazette (hereafter in this section referred to asthe specified authority) has been obtained on an application made in thisbehalf.

(2) An application forpermission under sub–section (1) shall be made by the employer in theprescribed manner stating clearly the reasons for the intended retrenchment anda copy of such application shall also be served simultaneously on the workmenconcerned in the prescribed manner.

 

(3) Where an applicationfor permission under sub–section (1) has been made, the appropriateGovernment or the specified authority, after making such enquiry as it thinksfit and after giving a reasonable opportunity of being heard to the employer,the workman 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 forreasons to be recorded in writing, grant or refuse to grant such permission anda copy of such order shall be communicated to the employer and the workmen.

 

(4) Where an applicationfor permission has been made under sub–section (1) and the appropriateGovernment or the specified authority dose not communicate the order grantingor refusing to grant permission to the employer within a period of sixty daysfrom the date on which such application is made the permission applied forshall be deemed to have been granted on the expiration of the said period ofsixty days.

 

(5) An order of theappropriate Government or the specified authority granting or refusing to grantpermission shall, subject to the provisions of sub–section (6), be finaland binding on all the parties concerned and shall remains in force for oneyear from the date of such order.

 

(6) The appropriateGovernment or the specified authority may, either on its own motion or on theapplication made by the employer or any workman, review its order granting orrefusing to grant permission under sub–section (3) or refer the matteror, as the case may be, cause it to be referred, to a Tribunal for adjudication:

 

Providedthat where a referencehas been made to a Tribunal under this sub–section, it shall pass anaward within a period of thirty days from the date of such reference.

 

(7) Where no applicationfor permission under sub–section (1) is made, or where the permissionfor any retrenchment has been refused, such retrenchment shall be deemed to beillegal from the date on which the notice of retrenchment was given to theworkman and the workman shall be entitled to all the benefits under any law forthe time being in force as if no notice had been given to him.

 

(8) Notwithstandinganything contained in the foregoing provisions of this section, the appropriateGovernment may, if it is satisfied that owing to such exceptional circumstancesas accident in the establishment of death of the employer or the like, it isnecessary so to do, by order, direct, that the provisions of sub–section(1) shall not apply in relation to such establishment for such period as may bespecified in the order.

 

(9) where permission forretrenchment has been granted under sub–section (3) or where permissionfor retrenchment is deemed to be granted under sub–section (4), everyworkman who is employed in that establishment immediately before the date ofapplication for permission under this section shall be entitled to receive, atthe time of retrenchment, compensation which shall be equivalent to fifteendays average pay for every completed year of continuous service or any partthereof in excess of six months.]

[25O. Procedure forclosing down an undertaking.

(1) An employer whointends to close down an undertaking of an industrial establishment to whichthis Chapter applies shall, in the prescribed manner, apply, for priorpermission at least ninety days before the date on which the intended closureis to be effective, to the appropriate Government, stating clearly the reasonsfor the intended closure of the undertaking and a copy of such applicationshall also be served simultaneously on the representatives of the workmen inthe prescribed manner:

 

Provided that nothing inthis sub–section shall apply to an undertaking set up for theconstruction of buildings, bridge, roads, canals, dams, or for otherconstruction work.

 

(2) Where an applicationfor permission has been made under sub–section (1), the appropriateGovernment, after making such enquiry as it thinks fit and after giving areasonable opportunity of being heard to the employer, the workmen and thepersons interested in such closure may, having regard to the genuineness andadequacy of the reasons stated by the employer, the interests of the generalpublic and all other relevant factors, by order and for reasons to be recordedin writing, granted or refuse to grant such permissions and a copy of suchorder shall be communicated to the employer and the workmen.

 

(3) Where an applicationhas been made under sub–section (1) and the appropriate Government doesnot communicate the order granting or refusing to grant permission to theemployer within a period of sixty days from the dated on which such applicationis made, the permission applied for shall be deemed to have been granted on theexpiration of the said period of sixty days.

 

(4) An order of theappropriate Government granting or refusing to grant permission shall, subjectto the provisions of sub–section (5), be final and binding on all theparties and shall remain in force for one year from the date of such order.

 

(5) The appropriateGovernment may, either on its own motion or on the application made by theemployer or any workman, review its order granting or refusing to grantpermission under sub–section (2) or refer the matter to a Tribunal foradjudication:

 

Provided that where areference has been made to a Tribunal under this sub–section, it shallpass an award within a period of thirty days from the date of such reference.

 

(6) Where no applicationfor permission under sub–section (1) is made, within the periodspecified therein, or where the permission for closure has been refused, theclosure of the undertaking shall be deemed to be illegal from the date ofclosure and the workmen shall be entitled to all the benefits under any law forthe time being in force as if the undertaking had not been closed down.

 

(7) Notwithstandinganything contained in the foregoing provisions of this section, the appropriateGovernment may, if it is satisfied that owing to such exceptional circumstancesas accident in the undertaking or death of the employer or the like it isnecessary 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 bespecified in the order.

 

(8) Where an undertakingis permitted to be closed down under sub–section (2) or where permissionfor closure is deemed to be granted under sub–section (3), every workmenwho is employed in that undertaking immediately before the date of applicationfor permission under this section, shall be entitled to receive compensationwhich shall be equivalent to fifteen days’ average pay for every completed yearof continuous service or any part thereof in excess of six months.]

 

25P. Special provision asto restarting of undertakings closed down before commencement of the IndustrialDisputes (Amendment) Act, 1976.

If the appropriate Government is of opinion in respectof any undertaking of an industrial establishment to which this chapter appliesand which closed down before the commencement of the Industrial Disputes(Amendment) Act, 1976 (32 of 1976),-

(a) that such undertaking was closed downotherwise than on account of unavoidable circumstances beyond the control ofthe employer;

(b) that thereare possibilities of restarting the undertaking ;

(c) that it is necessary for therehabilitation of the workmen employed in such undertaking before its closure orfor the maintenance of supplies and services essential to the life of thecommunity to restart the undertaking or both; and

(d) that the restarting of the undertakingwill not result in hardship to the employer in relation to the undertaking,

it may, after giving anopportunity to such employer and workmen, direct, by order published in theOfficial Gazette, that the undertaking shall be restarted within such time (notbeing less than one month from the date of the order) as may be specified inthe order.

25Q. Penalty for lay-offand retrenchment without previous permission.

Any employer whocontravenes the provisions of section 25 M or [—–] of section 25N shall bepunishable with imprisonment for a term, which may extend to one month, or withfine, which may extend to one thousand rupees, or with both.

25R. Penalty for closure.

(1) Any employer whocloses down an undertaking without complying with the provision of sub–section(1) of section 25–O shall be punishable with imprisonment for a term, whichmay extend to six months, or with fine, which may extend to five thousandrupees, or with both.

 

(2) Any employer, whocontravenes [an order refusing to grant permission to close down an undertakingunder sub–section (2) of section 25–O or a direction given undersection 25–P] shall be punishable with imprisonment for a term which mayextend to one year, or with fine which may extent to five thousand rupees, orwith both, and where the contravention is a containing one, with a further finewhich may extend to two thousand rupees for every day during which thecontravention continues after the conviction.

 

(3) [—–]

25S. Certain provisionsof Chapter VA to apply to an industrial establishment to which this Chapterapplies.

The provision of section25B, 25D, 25FF, 25G, 25H and 25J in Chapter VA shall, so far as may be, applyalso in relation to an industrial establishment to which the provision of thisChapter apply.

[CHAPTER VC

UNFAIRLABOUR PRACTICES

25T. Prohibition ofunfair labour practice.

No employer or workmen or a trade union,whether registered under the Trade Unions Act, 1926 (18 of 1926), or not, shallcommit any unfair labour practice.

25U. Penalty forcommitting unfair labour practices.

Any person who commitsany unfair labour practice shall be punishable with imprisonment for a termwhich may extend to six months or with fine which may extend to one thousandrupees or with both.]

CHAPTER VI

PENALTIES

26. Penalty for illegalstrikes and lock-outs.

(1) Any workmen whocommences, continues or otherwise acts in furtherance of, a strike which isillegal under this Act, shall be punishable with imprisonment for a term whichmay extend to one month, or with fine which may extent to fifty rupees, or withboth.

 

(2) Any employer who commences,continues, or otherwise acts in furtherance of a lock–out which isillegal under this Act, shall be punishable with imprisonment for a term whichmay extend to one month, or with fine which may extend to one thousand rupees,or with both.

27. Penalty forinstigation, etc.

Any persons whoinstigates or incites others to take part in, or otherwise acts in furtheranceof, strike or lock–out which is illegal under this Act, shall bepunishable with imprisonment for a term which may extend to six months, or withfine which may extend to one thousand rupees, or with both.

28. Penalty for givingfinancial aid to illegal strikes and lock-out.

Any person who knowinglyexpends or applies any money in direct furtherance or support of any illegalstrikes or lock–out shall be punishable with imprisonment for a termwhich may extend to six months, or with fine which may extend to one thousandrupees, or with both.

[29. Penalty for breachof settlement or award.

Any person who commits abreach of any terms of any settlement or award, which is biding on him underthis Act, shall be punishable with imprisonment for a term which may extend tosix months, or with fine, or with both [and where the breach is a continuingone, with a further fine which may extend to two hundred rupees for every dayduring which the breach continues after the conviction for the first], and theCourt trying the offence, if it fines the offender, may direct that the wholeor 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. Penalty fordisclosing confidential information.

Any person whowilfully discloses any such information as is referred to in section 21 incontravention of the provision of that section shall, on complaint made by oron behalf of the trade union or individual business affected, be punishablewith imprisonment for a term which may extend to six month or with fine whichmay extend to one thousand rupees, or with both.

[30A. Penalty for closurewithout notice.

Any employer who closesdown any under–taking without complying with the provisions of section25FFA shall be punishable with imprisonment for a term, which may extend to sixmonths, or with fine, which may extend to five thousand rupees, or with both.]

31. Penalty for otheroffences.

(1) Any employer whocontravenes the provisions of section 33 shall be punishable with imprisonmentfor a term which may extend to six months, or with fine which may extend to onethousand rupees, or with both.

 

(2) Whoever contravenesany of the provisions of this Act or any rule made thereunder shall, if noother penalty is elsewhere provided by or under this Act for suchcontravention, be punishable with fine may which extend to one hundred rupees.

CHAPTER VII

MISCELLANEOUS

32. Offence by companies,etc.

Where a personscommitting an offence under this Act is a company or other body corporate, oran association of persons (whether incorporated or not), every director,manager, secretary, agent or other officer or person concerned with themanagement thereof shall, unless he proves that the offences was committedwithout his knowledge or consent, be deemed to be guilty of such offence.

[33. Conditions ofservice, etc., to remain unchanged under certain circumstances during pendencyof proceedings.

(1) During the pendencyof any conciliation proceeding before a conciliation officer or a Board or ofany proceeding before [an arbitrator, or] a Labour Court or tribunal orNational Tribunal in respect of an industrial dispute, no employer shall,–

(a) in regard to any matter connected with thedispute, alter, to the prejudice of the workmen concerned in such dispute, theconditions of service applicable to them immediately before the commencement ofsuch proceeding; or

(b) for any misconduct connected with thedispute, discharge or punish, whether by dismissal or otherwise any workmenconcerned in such dispute,

save with the expresspermission in writing of the authority before which the proceeding is pending.

 

(2) During the pendencyof any such proceeding in respect of an industrial dispute, the employer may,in accordance with the standing orders applicable to a workman concerned insuch dispute [or, where there are no such standing orders, in accordance withthe terms of the contract, whether express or implied, between him and theworkman], –

(a) alter, in regard to any matter notconnected with the dispute, the conditions or service applicable to thatworkman immediately before the commencement of such proceeding; or

(b) for any misconduct not connected with thedispute, discharge or punish, whether by dismissal or otherwise, that workman:

Provided that no suchworkman shall be discharged or dismissed, unless he has been paid wages for onemonth and an application has been made by the employer to the authority beforewhich the proceeding is pending for approval of the action taken by theemployer.

(3) Notwithstandinganything contained in sub–section (2), no employer shall, during thependency of any such proceeding in respect of an industrial dispute, take anyaction against any protected workman concerned in such dispute,-

(a) byaltering to the prejudice of such protected workman, the conditions ofservice applicable to him immediately before the commencement of suchproceedings; or

(b) by discharging or punishing, whether bydismissal or otherwise, such protected workman,

save with the expresspermission in writing of the authority before which the proceeding is pending.

 

Explanation.- Forthe purposes of this sub–section, a "protected workman", inrelation to an establishment, means a workman who, being [a member of the executive or other officebearer] of a registered trade union connected with the establishment, is recognisedas such in accordance with rules made in this behalf.

 

(4) In everyestablishment, the number of workmen to be recognised as protected workmen forthe purposes of sub–section (3) shall be one per cent, of the totalnumber of workmen employed therein subject to a minimum number of fiveprotected workmen and a maximum number of one hundred protected workmen and forthe aforesaid purposes, the appropriate Government may make rules providing forthe distribution of such protected workmen among various trade unions, if any,connected with the establishment and the manner in which the workmen may bechosen and recognised as protected workmen.

 

(5) Where an employermakes an application to a conciliation officer, Board,[an arbitrator, a] LabourCourt, 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 andpass, [within a period of threemonths from the date of receipt of such application ], such order in relationthereto as it deems fit:]

 

[Provided that where anysuch authority considers it necessary or expedient so to do, it may, forreasons to be recorded in writing, extend such further period as it may thinksfit:

 

Provided further that noproceedings before any such authority shall lapse merely on the ground that anyperiod specified in this sub–section had expired with out suchproceedings being completed.]

[33A. Special provisionfor adjudication as to whether conditions of service, etc., changed duringpendency of proceedings.

Where an employer contravenes the provisions ofsection 33 during the pendency of proceedings [before a conciliation officer,Board, an arbitrator, a Labour Court, Tribunal or National Tribunal], any employeeaggrieved by such contravention, may make a complaint in writing , [in theprescribed manner,–

(a) to such conciliation officer or Board, andthe conciliation officer or Board shall take such complaint into account inmediating in, and promoting the settlement of, such industrial dispute; and

(b) to such arbitrator, Labour Court, Tribunalor National Tribunal and on receipt of such complaint, the arbitrator, LabourCourt, Tribunal or National Tribunal, as the case may be, shall adjudicate uponthe complaint as if it were a dispute referred to or pending before it, inaccordance with the provisions of this Act and shall submit his or its award tothe appropriate Government and the provisions of this Act shall applyaccordingly.]]

[33B. Power to transfercertain proceedings.

(1) The appropriateGovernment 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 orNational Tribunal, as the case may be, for the disposal of the proceeding andthe Labour Court, Tribunal or National Tribunal to which the proceeding is sotransferred may, subject to special directions in the order of transfer, proceedeither de novo or from the stage atwhich it was so transferred:

 

Provided that where aproceeding under section 33 or section 33A is pending before a Tribunal orNational Tribunal, the proceeding may also be transferred to a Labour Court.

 

(2) Without prejudice tothe provisions of sub–section (1), any Tribunal or National Tribunal, ifso authorised by the appropriate Government, may transfer any proceeding undersection 33 or section 33A pending before it to any one of the Labour Courtsspecified for the disposal of such proceedings by the appropriate government bynotification in the Official Gazette and the Labour Court to which theproceeding is so transferred shall dispose of the same.

[33C. Recovery of moneydue from an employer.

(1) Where any money isdue to a workman from an employer under a settlement or an award or under theprovisions of [Chapter VA or Chapter VB], the workman himself or any otherperson authorised by him in writing in this behalf, or in the case of the deathof the workman, his assignee or heirs may, without prejudice to any other modeof recovery, make an application to the appropriate Government for the recoveryof the money due to him, and if the appropriate Government is satisfied thatany money is so due, it shall issue a certificate for that amount to theCollector who shall proceed to recover the same in the same manner as an arrearof land revenue:

 

Provided that every suchapplication shall be made within one year from the date on which the moneybecame due to the workman from the employer:

Provided further that anysuch application may be entertained after the expiry of the said period of oneyear, if the appropriate Government is satisfied that the applicant hadsufficient cause for not making the application within the said period.

 

(2) Where any workman isentitled to receive from the employer any money or any benefit which is capableof being computed in terms of money and if any question arises as to the amountof money due or as to the amount at which such benefit should be computed, thenthe question may, subject to any rules that may be made under this Act, bedecided by such Labour Court as may be specified in this behalf by theappropriate Government [within a periodnot exceeding three months:]

 

[Provided that where thepresiding officer of a Labour Court considers it necessary or expedient so todo, he may, for reason to be recorded in writing, extend such period by suchfurther period as he may think fit.]

 

(3) For the purposes ofcomputing the money value of a benefit, the labour Court may, if it so thinksfit, appoint a commissioner who shall, after taking such evidence as may benecessary, submit a report to the Labour Court and the Labour Court shalldetermine the amount after considering the report of the commissioner and othercircumstances of the case.

 

(4) The decision of theLabour Court shall be forwarded by it to the appropriate Government and anyamount found due by the Labour Court may be recovered in the manner providedfor in sub–section (1).

 

(5) Where workmenemployed under the same employer under the same employer are entitled toreceive from him any money or any benefit capable of being computed in terms ofmoney, then, subject to such rules as may be made in this behalf, a single applicationfor the recovery of the amount due may be made on behalf of or in respect ofany number of such workmen.

 

Explanation.-Inthis section "Labour Court" includes any Court constituted under anylaw relating to investigation and settlement of industrial disputes in force inany State.

34. Cognizance ofoffences.

(1) No court shall takecognizance of any offence punishable under this Act or of the abetment of anysuch offence, save on complaint made by or under the authority of theappropriate Government.

 

(2) No Court inferior tothat of [a Metropolitan Magistrate or aJudicial Magistrate of the first class]shall try any offence publishable under this Act.

35. Protection ofpersons.

(1) No person refusing totake part or to continue to take part in any strike or lock–out which isillegal under this Act shall, by reason of such refusal or by reason of anyaction taken by him under this section, be subject to expulsion from any tradeunion or society, or to any fine or penalty, or to deprivation of any right orbenefit to which he or his legal representatives would otherwise be entitled,or be liable to be placed in any respect, either directly or indirectly, underany disability or at any disadvantage as compared with other members of theunion or society, anything to the contrary in the rules of a trade union orsociety notwithstanding.

 

(2) Nothing in the rulesof a trade union or society requiring the settlement of disputes in any mannershall apply to any proceeding for enforcing any right or exemption secured bythis section, and in any such proceeding the Civil Court may, in lieu ofordering a person who has been expelled from membership of a trade union orsociety to be restored to membership, order that he be paid out of the funds ofthe trade union or society such sum by way of compensation or damages as thatCourt thinks just.

[36. Representation of parties.

(1) A workman who is aparty to a dispute shall be entitled to be represented in any proceeding underthis Act by-

(a) [any member of the executive or otheroffice bearer] of a registered trade union of which he is a member;

(b) [any member of the executive or otherofficer bearer] of a federation of trade unions to which the trade unionreferred to in clause (a) is affiliated;

(c) where the worker is not a member of anytrade union, by [ any member of the executive or other officer bearer] of anytrade union connected with, or by any other workman employed in the industry inwhich the worker is employed and authorised in such manner as may prescribed.

(2) An employer who is aparty to dispute shall be entitled to be represented in any proceeding underthis Act by–

(a) an officer of an association of employersof which he is a member;

(b) an officer of a federation of associationsof employers to which the association referred to in clause (a) is affiliated;

(c) where the employer is not a member of anyassociation of employers, by an officer of any association of employersconnected with, or by any other employer engaged in the industry in which theemployer is engaged and authorised in such manner as may be prescribed.

(3) No party to a disputeshall be entitled to be represented by a legal practitioner in any conciliationproceedings under this Act or in any proceedings before a Court.

 

(4) In any proceeding[before a Labour Court, Tribunal or National Tribunal], a party to a disputemay be represented by a legalpractitioner with the consent of the other parties to other proceedings and[with the leave of the Labour Court, Tribunal or National Tribunal, as the casemay be].]

[36A. Power to removedifficulties.

(1) If, in the opinion ofthe appropriate Government, any difficulty or doubt arises as to theinterpretation of any provision of an award or settlement it may refer thequestion to such Labour Court, Tribunal or National Tribunal as it may thinkfit.

 

(2) The Labour Court,Tribunal or National Tribunal to which such question is referred shall, aftergiving the parties an opportunity of being heard, decide such question and itsdecision shall be final and binding on all such parties.]

[36B. Power to exempt.

Where the appropriateGovernment is satisfied in relation to any industrial establishment orundertaking or any class of industrial establishments or undertakings carriedon by a department of that Government that adequate provisions exist for theinvestigation and settlement of industrial disputes in respect of workmenemployed in such establishment or undertaking or class of establishments orundertakings it may, by notification in the official gazette, exemptconditionally or unconditionally such establishment or undertaking or class ofestablishments or undertakings from all or any of the provisions of this Act.]

37. Protection of actiontaken under the Act.

No suit, prosecution orother legal proceedings shall lie against any person for any thing which is ingood faith done or intended to be done in pursuance of this Act or any rulesmade there under.

38. Power to make rules.

(1) The appropriateGovernment may, subject to the condition of previous publication, make rulesfor the purpose of giving effect to the provisions of this Act.

 

(2) In particular andwithout prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:–

(a) the powers and procedure of conciliationofficers, Boards, Courts, [Labour Courts, Tribunals or National Tribunals]including rules as to the summoning of witnesses, the production of documentsrelevant to the subject–matter of an inquiry or investigation, thenumber of members necessary to form a quorum and the manner of submission ofreports and awards:

[(aa) the form of arbitration agreement, the mannerin which it may be signed by the parties,[the manner in which a notification may be issued under sub–section(3A) of section 10A,] the powers of the arbitrator named in the arbitrationagreement and the procedure to be followed by him;

(aaa) the appointment of assessors in proceedingsunder this Act;]

[(ab) the constitution of Grievance SettlementAuthorities referred to in section 9C, the manner in which industrial disputesmay be referred to such authorities forsettlement, the procedure to be followed by such authorities in the proceedingsin relation to disputes referred to them and the period within such proceedingsshall be completed;]

(b) the constitution and functions of and thefilling of vacancies in Works Committees, and the procedure to be followed bysuch Committees in the discharge of their duties;

(c) the allowances admissible to members ofCourts [and Boards and presidingofficers of Labour Courts, Tribunals and National Tribunals] and to assessorsand witnesses;

(d) the ministerial establishment which may beallotted to a court, Board, [LabourCourt, Tribunals and National Tribunal] and the salaries and allowances payableto members of such establishments;

(e) the manner in which and the persons by andto whom notice of strike or lock–out may be given and the manner inwhich such notices shall be communicated;

(f) the conditions subject to which partiesmay be represented by legal practitioners in proceedings under this Act beforea Court, [Labour Court, Tribunals andNational Tribunal]:

(g) any othermatter which is to be or may prescribed.

(3) Rules made under thissection may provide that a contravention thereof shall be punishable with finenot exceeding fifty rupees.

 

[(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 bothHouses of Parliament.]

 

[(5) Every rule made bythe Central Government under this section shall be laid, as soon as may beafter it is made, before each House of Parliament while it is in session for atotal period of thirty days which may be comprised in one session or in [two or more successive sessions, and if,before the expiry of the session immediately following the session or the successivesessions aforesaid] both Houses agree in making any modification in the rule,or both Houses agree that the rule should not be made, the rule shallthereafter have effect only in such modified form or be of no effect, as thecase may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under that rule.]

[39. Delegation ofpowers.

The appropriateGovernment may, by notification in the Official Gazette, direct that any powerexercisable by it under this Act or rules made thereunder shall, in relation tosuch matters and subject to such conditions, if any, as may specified in thedirection, be exercisable also,-

(a) where the appropriate Government is theCentral Government, by such officer or authority subordinate to the CentralGovernment or by the State Government or by such officer or authoritysubordinate to the State Government, as may be specified in the notification;and

(b) where the appropriate Government is aState Government, by such officer or authority subordinate to the StateGovernment, as may be specified in the notification; ]

[40. Power to amendSchedules.

(1) The appropriateGovernment may, if it is of opinion that it is expedient or necessary in thepublic interest so to do, by notification in the Official Gazette, add to theFirst Schedule any industry, and on any such notification being issued, theFirst Schedule shall be deemed to be amended accordingly.

 

(2) The CentralGovernment may, by notification in the Official Gazette, add to or alter oramend the Second Schedule or the "Third Schedule and on any suchnotification being issued, the Second Schedule or the Third Schedule, as the case may be, shallbe deemed to be amended accordingly.

 

(3) Every suchnotification shall, as soon as possible after it is issued, be laid before theLegislature of the State, if the notification has been issued by a StateGovernment, or before Parliament, if the notification has been issued by theCentral Government.]

[THE FIRST SCHEDULE

[Seesection 2(n)(vi)]

INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDERSUB-CLAUSE (iv) OF CLAUSE (n) OF SECTION 2

1. Transport(other than railways) for the carriage of passengers or goods, [ by land orwater].

2.Banking

3.Cement

4.Coal

5.Cotton textiles.

6.Foodstuffs.

7.Iron and steel.

8.Defence establishments.

9.Service in hospitals and dispensaries.

10. Fire Brigade Service.

11.IndiaGovernment Mints.

12. India Security press.

13. Copper Mining.

14. Lead mining.

15. Zinc Mining.

16. Iron Ore Mining.

17. Service in any oil–field.

18. [—–]

19. Service in the UraniumIndustry.

20. Pyrites Mining.

21. Security paper Mill, Hoshangabad.

22. Services in the Bank NotePress, Dewas.

23. Phosphorite Mining.

24. Magnesite Mining.

25.Currency Note Press

26.Manufacture orproduction of mineral oil (Crude oil), motor and aviation spirit, diesel oil,kerosene oil, fuel oil, diverse hydrocarbon oils and their blends includingsynthetic fuels, lubricating oils and the like.

27.Service in theInternational Air ports Authority of India.

28.Industrialestablishments manufacturing or producing nuclear fuel and components, HeavyWater and Allide Chemicals & Atomic Energy.

THE SECOND SCHEDULE

[Seesection 7]

MATTERSWITHIN THE JURISDICTION OF LABOUR COURTS

1. The Propriety or legality of anorder passed by an employer under the standing orders;

2. The application and interpretationof standing orders;

 

3. Discharge or dismissal of workmenincluding reinstatement of, or grant of relief to, workmen wrongfullydismissed;

4. Withdrawal of any customaryconcession or privilege;

5. Illegality or otherwise of a strikeor lock–out ; and

6. All matters other than thosespecified in the Third Schedule.

THE THIRD SCHEDULE

[See section 7A]

MATTERSWITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS

1. Wages including the period and modeof payment;

2. Compensatory and other allowances;

3. Hours of work and rest intervals;

4. Leave with wages and holidays;

5. Bonus, profit sharing, providentfund and gratuity;

6. Shift working otherwise than inaccordance with standing orders;

7. Classification by grade;

8. Rules of discipline;

9. Rationalisation;

10. Retrenchment of workmen and closureof establishment; and

11. Any other matter that may beprescribed.

THE FOURTH SCHEDULE

[Seesection 9A]

CONDITIONSOF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN

1. Wages, including the period andmode of payment;

2. Contribution paid, or payable, bythe employer to any provident fund or pension fund or for the benefit of theworkmen under any law for the time being in force;

3. Compensatory and other allowances;

4. Hours of work and rest intervals;

5. Leave with wages and holidays;

6. Starting, alteration ordiscontinuance of shift working otherwise than in accordance with standingorders;

7. Classification by grade;

8. Withdrawal of any customaryconcession or privilege or change in usage;

9. Introduction of new rulesdiscipline, or alteration of existing rules, except in so far as they areprovided in standing orders;

10. Rationalisation, standardisation orimprovement of plant or technique which is likely to lead to retrenchment ofworkmen;

11. Any increases or reduction (otherthan casual) in the number of persons employed or to be employed in anyoccupation or process or department or shift, [not occasioned by circumstancesover which the employer has no control].]

[THE FIFTH SCHEDULE

[See section 2 (ra)]

UNFAIR LABOUR PRACTICES

I.-Onthe part of employers and trade unions of employers

1.To interferewith, restrain from, or coerce, workmen in the exercise of their right toorganise, form, join or assist a trade union or to engage in concertedactivities for the purposes of collective bargaining or other mutual aid orprotection, that is to say–

(a) threatening workmen with discharge ordismissal, if they join a trade union;

(b) threatening a lock–out or closure,if a trade union is organised;

(c) granting wage increase to workmen atcrucial periods of trade union organisation, with a view to undermining theefforts of the trade union at organisation.

2.To dominate,interfere with or contribute support, financial or otherwise, to any tradeunion, that is to say:-

(a) an employer taking an active interest inorganising a trade union of his workmen; and

(b) an employer showing partiality or grantingfavour to one of several trade unions attempting to organise his workmen or toits members, where such a trade union is not a recognised trade union.

3.To establishemployer-sponsored trade unions of workmen.

4.To encourage ordiscourage membership in any trade union by discriminating against any workman,that is to say:-

(a) discharging or punishing a workman,because he urged other workmen to join or organise a trade union.

(b) discharging or dismissing a workman fortaking part in any strike (not being a strike which is deemed to be an illegalstrike under this Act);

(c) changing seniority rating of workmenbecause of trade union activities;

(d) refusing to promote workmen to higherposts on account of their trade union activities;

(e) giving unmerited promotions to certainworkmen with a view to creating discord amongst other workmen, or to underminethe strength of their trade union;

(f) discharging office–bearers oractive members of the trade union on account of their trade union activities.

5.To discharge ordismiss workmen–

(a) by way ofvictimisation;

(b) not in good faith, but in the colourableexercise of the employer’s rights;

(c) by falsely implicating a workman in acriminal case on false evidence or on concocted evidence;

(d) for patentlyfalse reasons;

(e) on untrue or trumpet up allegation ofabsence without leave;

(f) in utterdisregard of the principles of natural justice in the conduct ofdomestic enquiry or with undue haste;

(g) for misconduct of a minor or technicalcharacter, without having any regard to the nature of the particular misconductor the past record or service of the workman, thereby leading to adisproportionate punishment.

6.To abolish thework of a regular nature being done by workmen, and to give such work tocontractors as a measure of breaking a strike.

7.To transfer aworkman mala fide from one place to another, under the guise of followingmanagement policy.

8.To insist uponindividual workmen, who are on a legal strike to sign a good conduct bond, as apre–condition to allowing them to resume work.

9.To showfavouritism or partiality to one set of workers regardless of merit.

10.To employworkmen as "badlis", casuals or temporaries and to continue them assuch for years, with the object of depriving them of the status and privilegesof permanent workmen.

11.To discharge ordiscriminate against any workman for filing charges or testifying against anemployer in any enquiry or proceeding relating to any industrial dispute.

12.To recruitworkmen during a strike which is not an illegal strike.

13.Failure toimplement award, settlement or agreement.

14.To indulge inacts of force or violence.

15.To refuse tobargain collectively, in good faith with the recognised trade unions.

16.Proposing orcontinuing a lock–out deemed to be illegal under this Act.

II.–On the part of workmen and trade unions of workmen

1.To advise oractively support or instigate any strike deemed to be illegal under this Act.

2.To coerceworkmen in the exercise of their right to self–organisation or to join atrade union or refrain from joining any trade union, that is to say–

(a) for a trade union orits members to picketing in such a manner that non–striking workmen arephysically debarred from entering the work place;

(b) to indulge in acts offorce or violence or to hold out threats of intimidation in connection with astrike against non–striking workmen or against managerial staff.

3.For a recognisedunion to refuse to bargain collectively in good faith with the employer.

4.To indulge incoercive activities against certification of a bargaining representative.

5.To stage,encourage or instigate such forms of coercive actions as wilful "goslow", squatting on the work premises after working hours or"gherao" of any of the members of the managerial or other staff.

6.To stagedemonstrations at the residence of the employers or the managerial staffmembers.

7.To incite orindulge in wilful damage to employer’s property connected with the industry.

8.To indulge inacts of force or violence or to hold out threats of intimidation against anyworkman with a view to prevent him from attending work.]

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