An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. Whereas it is expedient to make provision for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing : It is hereby enacted as follows :
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Industrial Disputes Act, 1947.(2) It extends to the whole of India.(3) It shall come into force on the first day of April, 1947.
SECTION 02: DEFINITIONS
In this Act, unless there is anything repugnant in the subject or context,-
(a) "appropriate Government" means-
(i) in relation to any industrial disputes concerning any industry carried on by or under the authority of the Central Government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the Central Government or in relation to an industrial dispute concerning a Dock Labour Board established under section 5-A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956), or the Employees' State Insurance Corporation established under section 3 of the Employees' State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3-A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948(46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under section 5-A and section 5-B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), or the Life Insurance Corporation Act, 1956 (31 of 1956), or the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956), or the Deposit Insurance and Credit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961(47 of 1961), or the Central Warehousing Corporation established under section 3 of the Warehousing Corporations Act, 19.6 (58 of 1962), or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under section 16 of the Food Corporations Act, 1964 (37 of 1964), or the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994 (55 of 1994), or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Corporation of India Limited, or the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987) or the Banking Service Commission established under section 3 of the Banking Service Commission Act, 1975, or an air 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 industrial dispute, the State Government;
(aa) "arbitrator" includes an umpire ;
(aaa) "average pay" means the average of the wages payable to a workman
(i) in the case of monthly paid workman, in the three complete calendar months,
(ii) in the case of weekly paid workman, in the four complete weeks,
(iii) in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calen- dar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;
(b) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court,Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A ;
(bb) "banking company" means a banking company as defined in section 5 of the Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, and includes the Export-Import Bank of India, the Industrial Reconstruction Bank of India; the Industrial Development Bank of India, the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989) the Reserve Bank of India, the State Bank of India, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969, a corresponding new bank constituted under section 3 of the Banking Companies Acquisition and Transfer of Undertakings Act, 1970, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, and any subsidiary bank, as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);
(c) "Board" means a Board of Conciliation constituted under this Act ;
(cc) "closure" means the permanent closing down of a place of employment or part thereof;
(d) "conciliation officer" means a conciliation officer appointed under this Act:
(e) "conciliation proceeding" means any proceeding held by a conciliation officer or Board under this Act ;
(ee) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;
(f) "Court" means a Court of Inquiry constituted under this Act ;
(g) "employer" means-
(i) in relation to an industry carried on by or under the authority of any
department of the Central Government or a State Government, the authority
prescribed in this behalf, or where no authority is prescribed, the head of the department ;
(ii) in relation to an industry carried on b.y or on behalf of a local authority, the chief executive officer of that authority ;
(gg) 'executive', in relation to a trade union, means the body by whatever name called, to which the management of the affairs of the trade union is entrusted;
(h) ***
(i) a person shall be deemed to be "independent" for the purpose of his appointment as the chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute: Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute ; but in such a case, he shall disclose to the appropriate Government the nature and extent of the shares held by him in such company;
(j) "industry" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or a vocation of workmen; The following clause (j) shall he substituted by the Industrial Disputes (Amendment) Act, 1982 with effect from date yet to be notified:
(j) "industry" means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,-
(i) any capital has been invested for the purpose of carrying on such activity; or
(ii) such activity is carried on with a motive to make any gain or profit, and includes-
(a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1949) ;
(b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include-
(1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation: For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of 11 2 of the Plantations Labour Act, 1951 (69 of 1951); or
(2) hospitals or dispensaries ; or
(3) educational, scientific, research or training institutions ; or
(4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service; or
(5) khadi or village industries ; or
(6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or
(7) any domestic service ; or
(8) any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten ; or
(9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the cooperative society, club or other like body of individuals in relation to such activity is less than ten;
(k) "industrial dispute" means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person ;
(ka) "industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried on : Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,-
(a) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking ;
(b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking ;
(kk) "insurance company" means an insurance company as defined in section 2 of the Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State ;
(kka) "khadi" has the meaning assigned to it in clause (d) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956) ;
(kkb)"Labour Court" 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 or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster-rolls of his industrial establishment and who has not been retrenched ; Explanation: Every workman whose name is borne on the musterrolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid Off for that day within the meaning of this clause: Provided that if the workman, instead of being given employment at the commencement of any shift for any day, is asked to present himself for the purpose during the second half of the shift for the day and is given employment, then, he shall be deemed to have been laid off only for one half of that day : Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day ;
(l) "lock-out" means the temporary closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him ;
(la) "major port" means a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908) ;
(lb) "mine" means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952) ;
(ll) "National Tribunal" means a National Industrial Tribunal constituted under section 7B;
(lll) "office bearer", in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;
(m) "prescribed" means prescribed by rules made under this Act ;
(n) "public utility service" means
(i) any railway service or any transport service for the carriage of passengers or goods by air;
(ia)any service in, or in connection with the working of, any major port or dock;
(ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends;
(iii) any postal, telegraph or telephone service ;
(iv) any industry which supplies power, light or water to the public ;
(v) any system of public conservancy or sanitation ;
(vi) any industry specified in the First Schedule which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification: Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension:
(o) "railway company" means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890);
(oo) "retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include
(a) voluntary retirement of the workman ; or
(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or
(bb) termination of the service of the workman as a result of the non-removal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or
(c) termination of the service of a workman on the ground of continued ill- health;
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
(q) "strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment;
(qq) "trade union" means a trade union registered under the Trade Unions Act, 1926 (16 of 1926) ;
(r) "Tribunal" means an Industrial Tribunal constituted under section 7-A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act ;
(ra) "unfair labour practice" means any of the practices specified in the Fifth Schedule;
(rb) "village industries" has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);
(rr) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment, or of work done in such employment, and includes-
(i) such allowances (including dearness allowance) as the work- man is for the time being entitled to ;
(ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles;
(iii) any travelling concession;
(iv) any commission payable on the promotion of sales or business or both; but does not include
(a) any bonus;
(b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force ;
(c) any gratuity payable on the termination of his service ;
(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with. or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison ; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
SECTION 02A: DISMISSAL, ETC., OF AN INDIVIDUAL WORKMAN TO BE DEEMED TO BE AN INDUSTRIAL DISPUTE
Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
ANDHRA PRADESH Section 2A shall be numbered as sub-section (1) thereof and after the sub,- section, as so renumbered, the following subsection (2) shall be inserted :- "(2) Notwithstanding anything in section 10, any such workman as is specified in sub-section (1) may, make an application in the prescribed manner direct to the Labour Court for adjudication of the dispute referred to therein; and on receipt of such application the Labour Court shall have jurisdiction to adjudicate upon any matter in the dispute, as if it were a dispute referred to or pending before it, in. accordance with the provisions of this Act; and accordingly all the provisions of this Act, shall apply in relation to such dispute as they apply in relation to any other industrial dispute." - Andhra Pradesh Act No. 32 of 1987.
TAMIL NADU Section 2A shall be re-numbered as sub-section (l) of that section and after the said sub-section (1) as so re-numbered, the following sub-section shall be added, namely:- "(2) Where no settlement is arrived at in the course of any conciliation proceeding taken under this Act in regard to an industrial dispute referred to in sub-section (7), the aggrieved individual workman may apply, in the prescribed manner, to the Labour Court for adjudication of such dispute and the Labour Court shall proceed to adjudicate such dispute, as if such dispute has been referred to it for adjudication and accordingly all the provisions of this Act relating to adjudication of industrial disputes by the Labour Court shall apply to such adjudication." - Tamil Nadu Act No. 5 of 1988.
WEST BENGAL In section 2A: (a) after the words "dismisses, retrenches", the words "refuses employment" shall be inserted ; (b) after the words "dismissal retrenchment", the words "refusal of employment" shall be inserted - West Bengal Act No. 33 of 1989.
SECTION 03: WORKS COMMITTEE
(1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926).
(2) It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters.
SECTION 04: CONCILIATION OFFICERS
(1) The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.
(2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.
SECTION 05: BOARDS OF CONCILIATION
(1) The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute.
(2) A Board shall consist of a Chairman and two or four other members, as the appropriate Government thinks fit.
(3) The Chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party: Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the appropriate Government shall appoint such persons as it thinks fit to represent that party.
(4) A Board, having the prescribed quorum, may act notwithstanding the absence of the Chairman or any of its members or any vacancy in its number: Provided that if the appropriate Government notifies the Board that the services of the Chairman or of any other member have ceased to be available, the Board shall not act until a new chairman or member, as the case may be, has been appointed.
SECTION 06: COURTS OF INQUIRY
(1) The appropriate Government may as occasion arises by notification in the Official Gazette, constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.
(2) A Court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a Court consists of two or more members, one of them shall be appointed as the chairman.
(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number: Provided that, if the appropriate Government notifies the Court that the services of the Chairman have ceased to be available, the Court shall not act until a new chairman has been appointed.
SECTION 07: LABOUR COURTS
(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act.
(2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court, unless-
(a) he is, or has been, a Judge of a High Court ; or
(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge ; or
(c) ***
(d) he has held any judicial office in India for not less than seven years; or
57(e) he has been 'the Presiding Officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years.
GUJARAT In section 7, in sub-section (3),- ( i) in clause ( b), after the words "Additional District Judge," the words "or a Joint Judge or an Assistant Judge" shall be inserted; (ii) in clause (d), for the words "seven years' the words "five years' shall be substituted; (iii) in clause (e), for the words "five years' the words "three years' shall be substituted and the
word "or' shall be added at the end; (iv) after clause (e), the following clause shall be added, namely :- "(f) he has practised as an advocate or attorney for not less than seven years in a High Court or any Court subordinate thereto or in any Industrial Court or Industrial Tribunal or Labour Court constituted under any law for the time being in force;' - Gujarat Act No. 28 of 1977.
HARYANA In sub-section (3) of section 7,- (i) for clause (b), the following clause shall be substituted, namely:- "(b) he is qualified for appointment as, is, or has been, a District Judge or an Additional District Judge, or"; and (ii) after clause (c), the following clause shall be inserted, namely :- "(cc) He has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or" - Haryana Act No. 39 of 1976.
MADHYA PRADESH In section 7, after sub-section (1), the following sub-section shall be inserted, namely:- "(1A) In addition to the functions specified in sub-section (1) the Labour Court shall try offences punishable under this Act and the Acts specified in Part B of the Second Schedule." - Madhya Pradesh Act No. 43 of 1981.
MAHARASHTRA In section 7 in sub-section (3), after clause (d) the following clauses shall be inserted, namely:- "(d-1) he has practised as an advocate or attorney for not less than seven years in the High Court, or any court subordinate thereto, or any Industrial Court or Tribunal or Labour Court, constituted under any law for the time being in force; or (d-2) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of a Deputy Registrar of any such Industrial Court or Tribunal for not less than five years; or" - Maharashtra Act No. 56 of 1974. After clause (d-2), the following new clause shall be inserted, namely;- "(d-3) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than five years; or" - Maharashtra Act No. 22 of 1976.
PUNJAB (PRIOR TO AMENDMENT OF 1964) In sub-section (3) of section 7 at the end of clause (b), the word 'or' and the following new clauses shall be added, namely :- "(c) he is or has been a District Judge; or (d) he has held the office of the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950 or of any Tribunal, for a period not less than two years." - Punjab Act No. 8 of 1957.
UTTAR PRADESH (PRIOR TO AMENDMENT OF 1964) 2. After subsection (3) of section 7 the following shall be added as a new sub- section (3A)- "(3A) In relation to an industrial dispute other than that referred in sub-clause (i) of clause (a) of section 2 or in section 4 of the Industrial Disputes (Banking and Insurance (Companies Act), 1949, the provisions of sub-section (3) shall have effect as if- (a) after clause (c), the following new clauses (d) and (e) had been added- "(d) is or-has been a Magistrate of the first class for a period exceeding two years." "(e) is a person possessing more than two years practical experience of adjudicating or settling industrial disputes." (b) in the proviso after the words 'clause (b)' the words 'or clause (d) or clause (e)' had been added." - Uttar Pradesh Act No. 25 of 1951.
WEST BENGAL For clause (b) of sub-section (3) of section 7, the following clause shall be substituted:- "(b) he is, or has been, a District Judge or an Additional District Judge; or" - West Bengal Act, 35 of 1989.
SECTION 07A: TRIBUNALS
(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule and for performing such other functions as may be assigned to them under this Act. (2) A Tribunal shall consist of one person only to be appointed by the appropriate Government. (3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless- (a) he is, or has been, a Judge of a High Court; or (aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; *** (b) *** (4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it.
GUJARAT In section 7A :- in clause (ad), after the words "an Additional District Judge" the words "or a Joint Judge or an Assistant Judge" shall be inserted; in clause (b), the word "or" shall be added at the end; after clause (b), the following clause shall be added, namely :- "(c) he has for not less than five years been the presiding officer of a Labour Court constituted under any law for the time being in force." - Gujarat Act No. 28 of 1977. In section 7A, in sub-section (3), after clause (c), the following clause shall be added, namely:- "(d) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years." - Gujarat Act No. 22 of 1981.
HARYANA In sub-section (3) of section 7A,- (i) for clause (aa), the following clause shall be substituted, namely :- "(aa) he is qualified for appointment as, is, or has been, a District Judge or an Additional District Judge; or", and (ii) after clause (aa), the following clause shall be inserted, namely:- "(aaa) he has been a Commissioner of a division or an administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or"- Haryana Act No. 39 of 1976
KARNATAKA In sub-section (3) of section 7A after clause (a), the following clause shall be inserted, namely:- "(aa) he is, or has been a District Judge for a period of not less than three years, or" - Mysore Act No. 6 of 1963 and Mysore Act No. 35 of 1963
KERALA In sub-section (3) of section 7A for clause (a), the following clause shall be substituted, namely:- "(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for appointment as a Judge of a High Court; or" - Kerala Act No. 28 of 1961
MADHYA PRADESH In section 7A in sub-section (3), the following sub-section shall be substituted, namely:- "(3) A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless- (a) he is, or has been, a Judge of a High Court; or (b) he is eligible for being appointed a Judge of a High Court; or (c) he has worked as President of the Board of Revenue; or (d) he has worked as member of the Board of Revenue for a period of not less than three years; or (e) he has worked as Commissioner of Labour for a period of not less than three years: or (f) he has worked as a member of the Industrial Court constituted under section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960), for a period of not less than-five years" - Madhya Pradesh Act No. 19 of 1988
MAHARASHTRA In section 7A in sub-section (3), in clause( a), after the words "a Judge of a High Court" the following shall be inserted, namely :- "or a District Judge or a person qualified for appointment as a Judge of a High Court" -Maharashtra Act No. 2 of 1963 In section 7A in sub-section (3),- (i) in clause (aa), for the words "an Additional District Judge; or" words "an Additional District Judge or an Assistant Judge; or" shall be substituted; and (ii) after clause (b), the following new clause shall be inserted, namely :- ''(c) he has for not less than five years been a Presiding Officer of the Labour Court, constituted under any law for the time being in force - Maharashtra Act No. 56 of 1974. In section 7A of the principal Act, in sub-section (3), after clause (c), the following new clause shall be inserted, namely :- ''(d) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years." - Maharashtra Act No. 22 of 1976.
ORISSA After clause (a) of sub-section (3) of section 7A, insert the following :- "(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven years." - Orissa Act No. 6 of 1960.
WEST BENGAL In clause (a) of sub-section (3) of section 7A after the words "High Court* insert the words "or a District Judge" or an "Additional District Judge". - West Bengal Act No. 17 of 1958. For clause (ad) of sub-section (3) of section 7A, the following clause shall be substituted:- ''(aa) he is, or has been, a District Judge or an Additional District Judge; or" - West Bengal Act No. 35 of 1989.
SECTION 07B: NATIONAL TRIBUNALS
(1) The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes.
(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.
(3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal unless he is, or has been, a Judge of a High Court.
(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.
SECTION 07C: DISQUALIFICATIONS FOR THE PRESIDING OFFICERS OF LABOUR COURTS, TRIBUNALS AND NATIONAL TRIBUNALS
No person shall be appointed to, or continue in, the office of the Presiding Officer of a Labour Court, Tribunal or National Tribunal, if-
(a) he is not an independent person; or
(b) he has attained the age of sixty-five years.
PUNJAB- In section 7C for clause (b), the following shall be substituted, namely :- ''(b) he has attained the age of sixty-seven years;" - Punjab Act No. 8 of 1947.
WEST BENGAL To clause (b) of section 7C of the said Act, the following proviso shall be added, namely:- "Provided that where such presiding officer of a Tribunal appointed by the State Government attains the age of sixty-five years before completion of any proceedings pending before him, the State Government may if in the opinion of such Government public interest so requires, order his continuance in office for a period not exceeding six months for completion of the proceedings' - West Bengal Act No. 11 of 1959.
GUJARAT After section 7C, insert the following section : "7D. Certain District Judges qualified for appointment on Tribunal constituted by State Government - Notwithstanding anything contained in sub- section (1) of section 7A- (1) the State Government may constitute an Industrial Tribunal under that sub-section for performing such other functions as may be assigned to it under this Act; (2) where the State Government constitutes a Tribunal under section 7A, the Tribunal may consist of a person who is, or has been, for a period of not less than 5 years, a District Judge or Additional or Joint Direct Judge and, notwithstanding anything contained in sub-sec- tion (3) of section 7A but subject to section 7C, such person shall be deemed to be qualified for appointment as the presiding officer of the Tribunal; (3) the appointment of a person qualified under clause (2) shall be made after consultation with the 'High Court" - Gujarat Act No. 22 of 1962.
SECTION 08: FILLING OF VACANCIES
If, for any reason a vacancy (other than a temporary absence) occurs in the office of the presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of the Chairman or any other member of a Board or Court, then, in the case of a National Tribunal, the Central Government and in any other case, the appropriate Government, shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage at which the vacancy is filled.
SECTION 09: FINALITY OF ORDERS CONSTITUTING BOARDS, ETC
(1) No order of the appropriate Government or of the Central Government appointing any person as the chairman or any other member of a Board or Court or as the presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in question in any manner; and no act or proceeding before any Board or Court shall be called in question in any manner on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Board or Court.
(2) No settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6) of section 12 or sub-section (5) of section 13, as the case may be.
(3) Where the report of any settlement arrived at in the course of conciliation proceeding before a Board is signed by the chairman and all the other members
SECTION 09A: NOTICE OF CHANGE
No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,-
(a) without giving to the workman likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or
(b) within twenty-one days of giving such notice : Provided that no notice shall be required for effecting any such change-
(a) where the change is effected in pursuance of any settlement or award; or
(b) where the workman likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Service (Temporary Service) Rules, Revised Leave Rules, Civil Services Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply,
ANDHRA PRADESH In clause (b) of section 9A for the words "within twenty-one days" the words "within forty-two days" shall be substituted - Andhra Pradesh Act 32 of 1987.
WEST BENGAL In clause (b) of section 9A for the words "within twenty-one days" the words "within forty-two days" shall be substituted. - West Bengal Act No. 57 of 1980.
SECTION 09B: POWER OF GOVERNMENT TO EXEMPT.
Where the appropriate Government is of opinion that the application of the provisions of section 9A to any class of industrial establishments or to any class of workmen employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the appropriate Government may, by notification in the Official Gazette, direct that the provisions of the said section shall not apply, or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workmen employed in any industrial establishment.
SECTION 09C: SETTING UP OF GRIEVANCE SETTLEMENT AUTHORITIES AND REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO SUCH AUTHORITIES
(1) The employer in relation to every industrial establishment in which fifty or more workmen are employed or have been employed on any day in the preceding twelve months, shall provide for, in accordance with the rules made in that behalf under this Act, a Grievance Settlement Authority for the settlement of industrial disputes connected with an individual workman employed in the establishment.
(2) Where an industrial dispute connected with an individual workman arises in an establishment referred to in sub- ( 1 ), a workman or any trade union of workmen of which such workman is a member, refer, in such manner as may be prescribed, such dispute to the Grievance Settlement Authority provided for by the employer under that sub-section for settlement.
(3) The Grievance Settlement Authority referred to in sub-section (1) shall follow such procedure and complete its proceedings within such period as may be prescribed.
(4) No reference shall be made under Chapter III with respect to any dispute referred to in this section unless such dispute has been referred to the Grievance Settlement Authority concerned and the decision of the Grievance Settlement Authority is not acceptable to any of the parties to the dispute.
SECTION 10: REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
(1) Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing,-
(a) refer the dispute to a Board for promoting a settlement thereof; or
(b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry; or
(c) refer the dispute or any matter appearing to be connected with, or
relevant to, the dispute, if it relates to any matter specified in the Second Schedule, to a Labour Court for adjudication; or
(d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for adjudication: Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c) : Provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate Government shall, unless it considers that the notice has been frivolously or vexatiously given or that it would be inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this Act in respect of the dispute may have commenced : Provided also that where the dispute in relation to which the Central Government is the appropriate Government, it shall be competent for that Government to refer the dispute to a Labour Court or an Industrial Tribunal, as the case may be, constituted by the State Government;
(1 -A) Where the Central Government is of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not it is the appropriate Government in relation to that dispute, at any time, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a National Tribunal for adjudication.
(2) Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a Board, Court, Labour Court, Tribunal or National Tribunal, the appropriate Government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly.
(2-A) An order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall submit its award on such dispute to the appropriate Government : Provided that where such industrial dispute is connected with an individual workman, no such period shall exceed three months : Provided further that where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately^ to the Labour Court, Tribunal or National Tribunal for extension of such period or for any other reason, and the presiding officer to such Labour Court, Tribunal or National Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in writing, extend such period by such further period as he may think fit: Provided also that in computing any period specified in this sub-section, the period, if any, for which the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction or order of a Civil Court shall be excluded: Provided also that no proceedings before a Labour Court, Tribunal or National Tribunal shall lapse merely on the ground that any period specified under this sub-section had expired without such proceedings being completed.
(3) Where an industrial dispute has been referred to a Board, ^Labour Court, Tribunal or National Tribunal under this section, the appropriate Government may by order prohibit the continuance of any strike or lockout in connection with such dispute which may be in existence on the date of the reference.
(4) Where in an order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under this section or in a subsequent order, the appropriate Government has specified the points of dispute for adjudication, the Labour Court or the Tribunal or the National Tribunal, as the case may be, shall confine its adjudication to those points and matters incidental thereto.
(5) Where a dispute concerning any establishment or establishments has been, or is to be, referred to a Labour Court, Tribunal or National Tribunal under this section and the appropriate Government is of opinion, whether on an application made to it in this behalf or otherwise, that the dispute is of such a nature that any other establishment, group or class of establishments of a similar nature is likely to be interested in or affected by, such dispute, the appropriate Government may, at the time of making the reference or at any time thereafter but before the submission of the award, include in that reference such establishment, group or class of establishments, whether or not at the time of such inclusion any dispute exists or is apprehended in that establishment, group or class of establishments.
(6) Where any reference has been made under sub-section (1A) to a National Tribunal, then notwithstanding anything contained in this Act, no Labour Court or Tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the National Tribunal, and accordingly,-
(a) if the matter under adjudication before the National Tribunal is pending in a proceeding before a Labour Court or Tribunal, the proceeding before the Labour Court or the Tribunal, as the case may be, insofar as it relates to
such matter, shall be deemed to have been quashed on such reference to the National Tribunal; and
(b) it shall not be lawful for the appropriate Government to refer the matter
under adjudication before the National Tribunal to any Labour Court or
Tribunal for adjudication during the pendency of the proceeding in relation to such matter before the National Tribunal.
(7) Where any industrial dispute, in relation to which the Central Government is not the appropriate Government, is referred to a National Tribunal, then notwithstanding anything contained in this Act, any reference in section 15, section 17, section 19, section 33A, section 33B and section 36-A to the appropriate Government in relation to such dispute shall be construed as a reference to the Central Government but, save as aforesaid and as otherwise expressly provided in 'this Act, any reference in any other provision of this Act to the appropriate Government in relation to that dispute shall mean a reference to the State Government.
(8) No proceedings pending before a Labour Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government.
KARNATAKA In section 10, after sub-section (4), the following subsection shall be inserted, namely:- "(4A) Notwithstanding anything contained in section 9-C and in this section, in the case of a dispute falling within the scope of section 2-A, the individual workman concerned may, within six months from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the Industrial Disputes (Karnataka Amendment) Act, 1987, whichever is later, apply, in the prescribed manner, to the Labour Court for adjudication of the dispute and the Labour Court shall dispose of such application in the same manner as a dispute referred under sub-section (1).
TAMIL NADU In section 10 after sub-section (2); the following subsection shall be inserted, namely:- "(2A) Notwithstanding anything contained in sub-sections (1) and (2), where a Tribunal has been constituted, under this Act for the adjudication of disputes in any specified industry or industries and a dispute exists or is apprehended in any such industry, the employer or a majority of the work- men concerned may refer the dispute to that Tribunal" - Madras Act No. 12 of 1949
MAHARASHTRA In section 10, in sub-section (2), after 'appropriate Government' insert 'on such application being made by a union recognised for any undertaking under any law for the time being in force, and in any other case - Maharashtra Act No. I of 1972.
WEST BENGAL In section 10 after sub-section (I A), the following subsection shall be inserted:- "(IB)(a) Notwithstanding anything contained elsewhere in this Act, where in a conciliation proceeding of an industrial dispute relating to an individual workman, no settlement is arrived at within a period of sixty days from the date of raising of the dispute, the party raising the dispute may apply to the Conciliation Officer in such manner and in such form as may be prescribed, for a certificate about the pendency of the conciliation proceedings. The Conciliation Officer shall, on receipt of the application under clause (a), issue a certificate within seven days from the date of receipt in such manner, in such form and containing such particulars as may be prescribed. A copy of the certificate shall also be sent to the appropriate Government for information. (c).The party may, within a period of sixty days from the receipt of such certificate or, where such certificate has not been issued within seven days as aforesaid, within a period of sixty days commencing from the day immediate- ly after the expiry of seven days as aforesaid, file an application in such form and in such manner and with such particulars of demands as may be prescribed, to such Labour Courts or Tribunal as may be specified by the appropriate Government by notification. Different Labour Courts or Tribunals may be specified for different areas or different classes of industries. (d) The Labour Court or Tribunal specified under clause (c) shall, within a period of thirty days from the date of receipt of an application under clause (c), give a hearing to the parties and frame the specific issues in dispute, and shall thereafter proceed to adjudicate on the issues so framed as if it were an industrial dispute referred to in sub-section (1)." - West Bengal Act No. 33 of 1989.
SECTION 11: PROCEDURE AND POWERS OF CONCILIATION OFFICERS, BOARDS, COURTS AND TRIBUNALS AND NATIONAL TRIBUNALS
(1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, Court, Labour Court, Tribunal or National Tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit.
(2) A conciliation officer or a member of a Board, or Court or the presiding officer of a Labour Court, Tribunal or National Tribunal may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates.
(3) Every Board, Court, Labour Court, Tribunal or National Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:-
(a) enforcing the attendance of any person and examining him on oath;(b) compelling the production of documents and material objects;(c) issuing commissions for the examination of witness;
(d) in respect of such other matters as may be prescribed; and every inquiry or investigation by a Board, Court, Labour Court, Tribunal or National Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).
(4) A conciliation officer may enforce the attendance of any person for the purpose of examination of such person or call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of enforcing the attendance of any person and examining him or of compelling the production of documents.
(5) A Court, Labour Court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor or assessors to advise it in the proceeding before it.
(6) All conciliation officers, members of a Board or Court and the presiding officers of a Labour Court, Tribunal or National Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(7) Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before a Labour Court, Tribunal or National Tribunal shall be in the discretion of that Labour Court, Tribunal or National Tribunal, and the Labour Court, Tribunal or National Tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on application made to the appropriate Government by the person entitled, be recovered by that Government in the same manner as an arrear of land revenue.
{8) Every Labour Court, Tribunal or National Tribunal shall be deemed to be a Civil Court for the purposes of sections 345,346 and 348 of the Code of Criminal Procedure, 1973 (2 of 1974).
KARNATAKA For sub-section (4) of section 11 the following subsections shall be substituted, namely:- "(4) A Conciliation Officer may, if he considers that any document or the testimony of any person is relevant or necessary for the settlement of an industrial dispute or for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, call for and inspect such document or summons and examine such person. For the aforesaid purposes, the Conciliation Officer shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters, namely :- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) compelling the production of documents; (iii) issuing commission for examination of witnesses. (4A) Whoever refuses or fails to attend or take part in a conciliation proceeding or fails or refuses to produce the documents in pursuance of an order issue under sub-section (4), shall, on conviction, be punishable with imprisonment for a period which may extend to three months or with fine which may extend to five hundred rupees or with both' - Karnataka Act No. 5 of 1988.
TAMIL NADU For sub-section (4) of section 11 of the following subsection shall be substituted, namely:- "(4) A conciliation officer may, if he considers that any document or the testimony of any person is relevant or necessary for the settlement of an industrial dispute or for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, call for and inspect such document or summons and examine such person. For the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters, namely :- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) compelling the production of documents; (iii) issuing commissions for examination of witness." - Tamil Nadu Act No. 5 of 1988.
SECTION 11A: POWERS OF LABOUR COURTS, TRIBUNALS AND NATIONAL TRIBUNALS TO GIVE APPROPRIATE RELIEF IN CASE OF DISCHARGE OR DISMISSAL OF WORKMEN
Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and; in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require : Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.
STATE AMENDMENTS ANDHRA PRADESH After section 11A of the principal Act, the following section shall be inserted namely:- "11B. Power of Labour Court or Tribunal to execute its award by decree.-A Labour Court or a Tribunal shall have the power of a Civil Court to execute its award or any settlement as a decree of a Civil Court." – Andhra Pradesh Act No. 32 of 1987.
MADHYA PRADESH After section 11A, the following sections shall be inserted, namely :- "11B. Powers of Labour Courts in respect of criminal cases.-In respect of offences punishable under this Act and the Acts specified in Part-B of the Second Schedule a Labour Court shall have all the powers under Code of Criminal Procedure, 1973 (No. 2 of 1974) of a Judicial Magistrate of the First Class and in the trial of every such offence shall follow the procedure laid down in Chapter XXI of the said Code for summary trial and the rest of the provisions of the Code, shall, so far as may be, apply to such trial. 11C. Appeal-(1) An appeal shall lie to the Industrial Court constituted under section 9 of the Madhya Pradesh Audyogik Sambandh Adhiniyam, 1960 (27 of I960),- (a) against a conviction by a Labour Court, by the person convicted; (b) against an acquittal by a Labour Court, by the State Government: (c) for enhancement of sentence, awarded by a Labour Court, by the State Government. (2) Every appeal shall be made within sixty days from the date of the conviction, acquittal or sentence, as the case may be: Provided that the Industrial Court may for sufficient reason allow an appeal after the expiry of the said period. 11D. Powers of the Industrial Court hearing appeal under section I IC.-In respect of offence punishable under this Act and the Acts specified in Part B of the Second Schedule, Industrial Court hearing appeal under section I IC shall have all the powers of the High Court under the Code of Criminal Procedure, 1973 (2 of 1974) and shall follow such procedure as it may think fit in disposing of the appeal." - Madhya Pradesh Act No. 43 of 1981.
WEST BENGAL After section 11 A the following section shall be inserted :- " 11 B. Power of a Labour Court or Tribunal to execute its award by decree, -etc.- A Labour Court or a Tribunal shall have the power of a civil court to execute its own award as a decree of a civil court and also to execute any settlement as defined in clause (p) of section 2 as a decree." - West Bengal Act No. 57 of 1980.
SECTION 12: DUTIES OF CONCILIATION OFFICERS
(1) Where an industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall, hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government or an officer authorised in this behalf by the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub-section (4), the appropriate Government is satisfied that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal, it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: Provided that, subject to the approval of the conciliation officer, the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.
STATE AMENDMENT WEST BENGAL In sub-section (6) of section 12,- (i) for the words "within fourteen days" the words "after completion of the conciliation proceedings within sixty days" shall be substituted; and (ii) in the proviso, after the words "such period" the words "not exceeding six months" shall be inserted - West Bengal Act No. 57 of 1980.
SECTION 13: DUTIES OF BOARD
(1) Where a dispute has been referred to a Board under this Act, it shall be the duty of the Board to endeavour to bring about a settlement of the same and for this purpose the Board shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as it thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(2) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the Board shall send a report thereof to the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute.
(3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the proceedings and steps taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, its findings thereon, the reasons on account of which, in its opinion, a settlement could not be arrived at and its recommendations for the determination of the dispute.
(4) If, on the receipt of a report under sub-section (3) in respect of a dispute relating to a public utility service, the appropriate Government does not make a reference to a Labour Court, Tribunal or National Tribunal under section 10, it shall record and communicate to the parties concerned its reasons therefor.
(5) The Board shall submit its report under this section within two months of the date on which the dispute was referred to it or within such shorter period as may be fixed by the appropriate Government : Provided that the appropriate Government may from time to time extend the time for the submission of the report by such further periods nut exceeding two months in the aggregate: Provided further that the time for the submission of the report may be extended by such period as may be agreed on in writing by all the parties to the dispute.
SECTION 14: DUTIES OF COURTS
A court shall inquire into the matters referred to it and report thereon to the appropriate Government ordinarily within a period of six months from the commencement of its inquiry.
SECTION 15: DUTIES OF LABOUR COURTS, TRIBUNALS AND NATIONAL TRIBUNALS
Where an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2A) of section 10 submit its award to the appropriate Government. STATE AMENDMENTS
WEST BENGAL For section 15 the following section shall be substituted :- " 15. Duties of Labour Courts, Tribunals and National Tribunals.-(1) Where an industrial dispute has been referred to a National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2A) of section 10, submit its award to the appropriate Government. (2) Where an industrial dispute has been referred to a Labour Court or Tribunal under sub-section (f) of section 10, it shall,- (a) after the filing of statements and taking of evidence, give day to day hearing and pronounce its award, other determination or decision in the manner specified in section 17-AA, and (b) after hearing the parties to the dispute, determine, within a period of sixty days from the date of the order referring such industrial dispute or within such shorter period as may be specified in such order, the quantum of interim relief admissible, if any : Provided that the quantum of interim relief shall, in the case of discharge, dismissal or retrenchment of a workman from service or termination of service of workman, be equivalent to the subsistence allowance admissible under the West Bengal Payment of Subsistence Allowance Act, 1969-West Bengal Act No. 33 of 1986.
SECTION 16: FORM OF REPORT OR AWARD
(1) The report of a Board or Court shall be in writing and shall be signed by all the members of the Board or Court, as the case may be : Provided that nothing in this section shall be deemed to prevent any member of the Board or Court from recording any minute of dissent from a report or from any recommendation made therein.
(2) The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its presiding officer.
SECTION 17: PUBLICATION OF REPORTS AND AWARDS
(1) Every report of a Board or Court together with any minute of dissent recorded therewith, every arbitration award and every award of a Labour Court, Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government thinks fit.
(2) Subject to the provisions of section 17A, the award published under sub- section (1) shall be final and shall not be called in question by any Court in any manner whatsoever
SECTION 17A: COMMENCEMENT OF THE AWARD
(1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17: Provided that-
(a) if the appropriate Government is of opinion, in any case where the award has been given by a Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or
(b) if the Central Government is of opinion, in any case where the award has been given by a National Tribunal, that it will be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the appropriate Government, or as the case may be, the Central Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days.
(2) Where any declaration has been made in relation to an award under the proviso to sub-section (1), the appropriate Government or the Central Government may, within ninety days from the date of publication of the award under section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together with a copy of the order before the Legislature of the State, if the order has been made by a State Government, or before Parliament, if the order has been made by the Central Government.
(3) Where any award as rejected or modified by an order made under sub- section (2) is laid before the Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen days from the date on which it is so laid; and where no order under sub-section (2) is made in pursuance of a declaration under the proviso to sub-section (1), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-section (2).
(4) Subject to the provisions of sub-section ( I ) and sub-section (3) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (1) or sub-section (3), as the case may be.
SECTION 17B: PAYMENT OF FULL WAGES TO WORKMAN PENDING PROCEEDINGS IN HIGHER COURTS
Where in any case a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court : Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be.
SECTION 18: PERSONS ON WHOM SETTLEMENTS AND AWARDS ARE BINDING
(1)A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement.
(2) Subject to the provisions of sub-section (3), an arbitration award which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration.
(3) A settlement arrived at in the course of conciliation proceedings under this Act or an arbitration award in a case where a notification has been issued under sub-section (3A) of section 10A or an award of a Labour Court, Tribunal or National Tribunal which has become enforceable shall be binding on-
(a) all parties to the industrial dispute;
( b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, records the opinion that they were so summoned without proper cause;
(c) where a party referred to in clause (a) or clause ( b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates;
(d) where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part.
SECTION 19: PERIOD OF OPERATION OF SETTLEMENTS AND AWARDS
(1)A settlement ***shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute.
(2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months from the date on which the memorandum of settlement is signed by the parties to the dispute, and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement.
(3)An award shall, subject to the provisions of this section, remain in operation for a period of one year from the date on which the award becomes enforceable under section 17A : Provided that the appropriate Government may reduce the said period and fix such period as it thinks fit: Provided further that the appropriate Government may, before the expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit, so however, that the total period of operation of any award does not exceed three years from the date on which it came into operation.
(4) Where the appropriate Government, whether of its own motion or on the application of any party bound by the award, considers that since the award was made, there has been a material change in the circumstances on which it was based, the appropriate Government may refer the award or a part of it to a Labour Court, if the award was that of a Labour Court or to a Tribunal, if the award was that of a Tribunal or of a National Tribunal, for decision whether the period of operation should not, by reason of such change, be shortened and the decision of Labour Court or the Tribunal, as the case may be, on such reference shall *** be final.
(5) Nothing contained in sub-section (3) shall apply to any award which by its nature, terms or other circumstances does not impose, after it has been given effect to, any continuing obligation on the parties bound by the award.
(6) Notwithstanding the expiry of the period of operation under subsection (3), the award shall continue to be binding on- the parties until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award.
(7) No notice given under sub-section (2) or sub-section (6) shall have effect, unless it is given by a party representing the majority of persons bound by the settlement or award, as the case may be.
STATE AMENDMENTS
MAHARASHTRA In section 19,- (a) after sub-section (2), the following sub-section shall be added, namely :- "(2A) Notwithstanding, anything contained in this section, where a union has been recognised under any law for the time being in force, or where any other union is recognised in its place under such law, then notwithstanding anything contained in sub- section (2), it shall be lawful to any such recognised union to terminate the settlement after giving two months' written notice to the employer in that behalf."; (b) to sub-section (7), the following shall be added, namely :- "and where there is a recognised union for any undertaking under any law for the time being in force, by such recognised union." - Maharashtra Act No. 1 of 1972.
WEST BENGAL In section 19, in sub-section (3), for the words, figures and letter "or section 17B" the words, figures and letter "or section 17AA" shall be substituted - West Bengal Act Nos. 34 of 1983 and 57 of 1980.
SECTION 20: EOMMENCEMENT AND CONCLUSION OF PROCEEDINGS
(1)A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case may be.
(2) A conciliation proceeding shall be deemed to have concluded-
(a) where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute;
(b) where no settlement is arrived at, when the report of the conciliation officer is received by the appropriate Government or when the report of the Board is published under section 17, as the case may be; or
(c) when a reference is made to a Court, Labour Court, Tribunal or National Tribunal under section 10 during the pendency of conciliation proceedings.
(3) Proceedings before an arbitrator under section 10A or before a Labour Court, Tribunal or National Tribunal shall be deemed to have commenced on the date of the reference of the dispute for arbitration or adjudication, as the case may be, and such proceedings shall be deemed to have concluded on the date on which the award becomes enforceable under section 17A.
SECTION 21: TAIN MATTERS TO BE KEPT CONFIDENTIAL
There shall not be included in any report or award under this Act any information obtained by a conciliation officer. Board, Court, Labour Court, Tribunal, National Tribunal or an arbitrator, in the course of any investigation or inquiry as to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such officer, Board, Court, Labour Court, Tribunal, National Tribunal or arbitrator, if the trade union, person, firm or company, in question has made a request in writing to the conciliation officer. Board, Court, Labour Court, Tribunal, National Tribunal or arbitrator, as the case may be, that such information shall be treated as confidential; nor shall such conciliation officer or any individual member of the Board, or Court or the presiding officer of the Labour Court, Tribunal or National Tribunal or the arbitrator or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of the trade union or the person, firm or company in question, as the case may be: Provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).
SECTION 22: PROHIBITION OF STRIKES AND LOCK-OUTS
(1) No person employed in a public utility service shall go on strike in breach of contract-
(a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
(2) No employer carrying on any public utility service shall lock-out any of his workmen-
(a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or
(b) within fourteen days of giving such notice ; or
(c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
(3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services.
(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.
(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.
(6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (7) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe, the number of such notices received or given on that day.
SECTION 23: GENERAL PROHIBITION OF STRIKES AND LOCKOUTS
No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out-
(a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings;
( b) during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings; ***
(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or
(c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.
SECTION 24: ILLEGAL STRIKES AND LOCK-OUTS
(1)A strike or a lock-out shall be illegal if-(i) it is commenced or declared in contravention of section 22 or section 23;or(ii) it is continued 'in contravention of an order made under sub-section (3) of section 10 or sub-section (4A) of section 10A;
(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, an arbitrator, a Labour Court, Tribunal or National Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of section 10 or sub-section (4A) of section 10A.
(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.
SECTION 25: PROHIBITION OF FINANCIAL AID TO ILLEGAL STRIKES AND LOCK-OUTS
No person shall knowingly expend or apply any money in direct furtherance or support of any illegal strike or lock-out.
SECTION 25A: APPLICATION OF SECTIONS 25C TO 25E
(1) Sections 25C to 25E inclusive shall not apply to industrial establishments to which Chapter V-B applies, or-
(a) to industrial establishments in which less than fifty workmen on an
average per working day have been employed in the preceding calendar month; or
( b) to industrial establishments which are of a seasonal character or in which work is performed only intermittently.
(2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.
SECTION 25B: DEFINITION OF CONTINUOUS SERVICE
For the purposes of this Chapter,-
(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman ;
(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer-
(a) for a period of one year, if the workman, during a period of twelve
calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
(i) one hundred and ninety days in the case of a workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
(b) for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than
(i) ninety-five days, in the case of a workman employed below ground in a mine; and
(ii) one hundred and twenty days, in any other case.
SECTION 25C: RIGHT OF WORKMEN LAID OFF FOR COMPENSATION
Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid off : Provided that if during any period of twelve months, a workman is so laid-off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the workman and the employer: Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25F at any time after the expiry of the first fortyfive days of the lay-off and when he does so, any compensation paid to the workman for having been laid-off during the preceding twelve months may be set off against the compensation payable for retrenchment.
STATE AMENDMENTS MAHARASHTRA In section 25C (a) after the words 'had he not been so laid of:' the following proviso shall be inserted, namely:- "Provided that, where the lay off is on account of discontinuance or reduction of the supply of power to the industrial establishments for contravention of any provisions of the Bombay Electricity (Special Powers) Act, 1946(Bom. XXof 1946), or of any orders or directions issued thereunder, the compensation payable to the workman shall be equal to hundred per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid off:"; ( b) in the existing first proviso, for the words "Provided that' the words 'Provided further that" shall be substituted; (c) in the existing second proviso, for the words "Provided further that' the words "Provided also that' shall be substituted. - Maharashtra Act No. 22 of 1981.
WEST BENGAL In section 25C, the second proviso shall be omitted - West Bengal Act No. 57 of 1980.
SECTION 25D: DUTY OF AN EMPLOYER TO MAINTAIN MUSTER ROLLS OF WORKMEN
Notwithstanding that workmen in any industrial establishment have been laid off, it shall be the duty of every employer to maintain for the purposes of this Chapter a muster roll, and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours.
SECTION 25E: WORKMEN NOT ENTITLED TO COMPENSATION IN CERTAIN CASES
No compensation shall be paid to a workman who has been laid off-
(i) if he refuses to accept any alternative employment in the same establishment from which he has been laid off, or in any other establishment belonging to the same employer situate in the same town or village or situate within a radius of five miles from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any special skill or previous experience and can be done by the workman, provided that the wages which would normally have been paid to the workman are offered for the alternative employment also;
(ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day;
(iii) if such laying off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment.
STATE AMENDMENTS
WEST BENGAL In section 25E after clause (ii), the following proviso shall be inserted :- "Provided that where lay off extends beyond seven days at a stretch the workman may be required to present himself only once in a week;' - West Bengal Act No. 5 7 of 1980.
SECTION 25F: CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMEN
No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until
(a) the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; ***
(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months; and
( c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified by the appropriate Government by notification in the Official Gazette
SECTION 25FF: COMPENSATION TO WORKMEN IN CASE OF TRANSFER OF UNDERTAKINGS
Where the ownership or management of an undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to that undertaking to a new employer, every workman who has been in continuous service for not less than one year in that undertaking immediately before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched: Provided that nothing in this section shall apply to a workman in any case where there has been a change of employers by reason of the transfer, if-
(a) the service of the workman has not been interrupted by such transfer;
(b) the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer; and
(c) the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by the transfer.
SECTION 25FFA: SIXTY DAYS' NOTICE TO BE GIVEN OF INTENTION TO CLOSE DOWN ANY UNDERTAKING
(1) An employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate Government staling clearly the reasons for the intended closure of-the undertaking : Provided that nothing in this section shall apply to-
(a) an undertaking in which-
(i) less than fifty workmen are employed, or
(ii) less than fifty workmen were employed on an average per working day in the preceding twelve months,
(b) an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project.
(2) Notwithstanding anything contained in sub-section (1), the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order.
SECTION 25FFF: COMPENSATION TO WORKMEN IN CASE OF CLOSING DOWN OF UNDERTAKINGS
(1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched: Provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman under clause (b) of section 25F shall not exceed his average pay for three months.
(1A) Notwithstanding anything contained in sub-section (1), where an undertaking engaged in mining operations is closed down by reason merely of exhaustion of the minerals in the area in which such operations are carried on, no workman referred to in that sub-section shall be entitled to any notice or compensation in accordance with the provisions of section 25F, if-
(a) the employer provides the workman with alternative employment with effect from the date of closure at the same remuneration as he was entitled to receive, and on the same terms and conditions of service as were applicable to him, immediately before the closure;
(b) the service of the workman has not been interrupted by such alternative employment; and
(c) the employer is, under the terms of such alternative employment or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by such alternative employment.
(1B) For the purposes of sub-sections (1) and (I A), the expressions "minerals" and "mining operations" shall have the meanings respectively assigned to them in clauses (a) and (d) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957).
(2) Where any undertaking set up for the construction of buildings, bridges, roads, canals, dams or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been set up, no workman employed therein shall be entitled to any compensation under clause (b) of section 25F, but if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section for every (completed year of continuous service or any part thereof in excess of six months.
ANDHRA PRADESH In sub-section (1) of section 25FFF,- "Provided that the prior payment of compensation to the workman shall be a condition precedent to the closure of any undertaking"; ( b) in the existing proviso, for the words "Provided that", the words "Provided further that" shall be substituted - Andhra Pradesh Act No. 32 of 1987.
WEST BENGAL In section 25FFF of the principal Act, in sub-section (1),- (7) before the existing proviso, the following proviso shall be inserted :- "Provided that prior pay.ment of compensation to the workmen shall be a condition precedent to the closure of any undertaking;". (2) in the existing proviso, for the words "Provided that" the words "Provided further that" shall be substituted. - West Bengal Act No. 57 of 1980.
SECTION 25G: PROCEDURE FOR RETRENCHMENT
Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman.
SECTION 25H: RE-EMPLOYMENT OF RETRENCHED WORKMEN
Where any workmen are retrenched, and the employer proposes to take into his employment any persons, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workmen who are citizens of India to offer themselves for re-employment, and such retrenched work- men who offer themselves for re-employment shall have preference over other persons.
ANDHRA PRADESH Section 25H,of the principal Act, shall be renumbered as sub-section (1) of that section and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:- "(2) Where a closed unit is re-opened the workmen on the roll of the Unit immediately before its closure shall be given an opportunity to offer them- selves for re-employment in the manner provided in sub-section (1).' -Andhra Pradesh Act No. 32 of 1987. Section 25H of the Principal Act, the following section shall be inserted, namely:-
"25-HH. Condition of reinstatement in service by an award of Labour Court or Tribunal-Where a workman is reinstated in service by an award of Labour Court or Tribunal, the workman shall be deemed to be in service from the date specified in the award whether or not the workman was earlier reinstated by the employer and his wages shall be recovered in the manner provided in section 33C." - Andhra Pradesh Act No. 32 of 1987.
WEST BENGAL Section 25H of the principal Act shall be re-numbered as sub-section (1) of that section and after sub-section ( 1 ), as so renumbered, the following sub-section shall be inserted:- "(2) Where a closed unit is reopened the workmen on the roll of the unit immediately before its closure shall be given an opportunity to offer them- selves for re-employment in the manner provided in sub-section (1)." - West Bengal Act No. 57 of 1980. After section 25H of the principal Act, the following section shall be inserted :- "25HH. Condition of reinstatement of workman by an award of a Labour Court or Tribunal-Where a workman is reinstated in service by an award of a Labour Court or Tribunal, the workman shall be deemed to be in service from the date specified in the award whether or not the workman was earlier reinstated by the employer and his wages shall be recovered in the manner provided in section 33C." - West Bengal Act No. 57 of 1980.
SECTION 25J: EFFECT OF LAWS INCONSISTENT WITH THIS CHAPTER
(1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law including standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946): Provided that where under the provisions of any other Act or rules, orders or notifications issued thereunder or under any standing orders or under any award, contract of service or otherwise, a workman is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the workman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.
(2) For the removal of doubts, it is hereby declared that nothing contained in this Chapter shall be deemed to affect the provisions of any other law for the time being in force in any State in so far as that law provides for the settlement of industrial disputes, but the rights and liabilities of employers and workmen in so far as they relate to lay-off and retrenchment shall be determined in accordance with the provisions of this Chapter.
SECTION 26: PENALTY FOR ILLEGAL STRIKES AND LOCK-OUTS
(1) Any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.
(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprison- ment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
SECTION 27: PENALTY FOR INSTIGATION, ETC.
Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
SECTION 28: PENALTY FOR GIVING FINANCIAL AID TO ILLEGAL STRIKES AND LOCK-OUTS.
Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
SECTION 29: PENALTY FOR BREACH OF SETTLEMENT OR AWARD
Any person who commits a breach of any term of any settlement' or award, which is binding on him under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine or with both and where the breach is a continuing one, with a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first and the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to any person who, in its opinion, has been injured by such breach.
ANDHRA PRADESH After section 29 of the principal Act, the following section shall be inserted, namely:- "29A. Penalty for failure to comply with an order issued under section SOB.-Any person who fails to comply with any provisions contained in an order made under sub-section (7) of section I OB shall be punishable with imprisonment for & term which shall not be less than six months but which may extend to one year and with fine : Provided that the Court may, for reasons to be recorded in its judgment, award a sentence or imprisonment for a term of less than six months." - Andhra Pradesh Act 32 of 1987.
KERALA After section 29, the following section shall be inserted, namely :- "29A. Penalty for failure to comply with an order issued under section IOB. - Any person who fails to comply with any provision contained in any order made under sub-section (7) of section IOB, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and with fine." - Kerala Act No. 30 of 1979.
TAMII, NADU After section 29, the following section shall be inserted, namely:- "29A. Penalty for failure to comply with an order issued under section IOB. - Any person who fails to comply with any provision contained in any order made under sub-section (/) of section IOB, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and with fine." - Tamil Nadu Act No. 36 of 1982.
SECTION 30: PENALTY FOR DISCLOSING CONFIDENTIAL INFORMATION
Any person who wilfully discloses any such information as is referred to in section 21 in contravention of the provisions of that section shall, on complaint made by or on behalf of the trade union or individual business affected, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
SECTION 30A: PENALTY FOR CLOSURE WITHOUT NOTICE
Any employer who closes down any undertaking without complying with the provisions of section 25FFA shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
GUJARAT After section 30, the following section shall be inserted, namely :- "30A. Penalty for failure to nominate members of Council by employer. - Any employer who fails to nominate his representatives to be appointed as members of the Council within the time limit specified for the constitution of the Council under sub-section (1) of section 3A shall, on conviction, be punishable with fine which may extend to fifty rupees and in the case of a continuing failure, with an additional fine which may extend to fifty rupees for every day during which such failure continues." - Gujarat Act No. 21 of 1972.
RAJASTHAN After section 30, the following new section shall be inserted, namely :- "30A. Penalty for contravention of an order made under section IOK.-Any person who contravenes an order issued by the State Government in pursuance of section IOK of the Act shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both." - Rajasthan Act No. 14 of 1970.
WEST BENGAL After section 30, the following section shall be inserted, namely :- "30A. Insertion of new section 30A.- Any employer who closes down any undertaking without complying with the provisions of section 25FFA, shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to five thousand rupees." - West Bengal Act No. 8 of 19-71.
SECTION 31: PENALTY FOR OTHER OFFENCES
(1) Any employer who contravenes the provisions of section 33 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine which may extend to one hundred rupees.
SECTION 32: OFFENCE BY COMPANIES, ETC
Where a person committing an offence under this Act is a company, or other body corporate, or an association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
SECTION 33: CONDITIONS OF SERVICE, ETC., TO REMAIN UNCHANGED UNDER CERTAIN CIRCUM- STANCES DURING PENDENCY OF PROCEEDINGS
(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before an arbitrator or a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, no employer shall,-
(a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or
(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending.
(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the workman,-
(a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding; or
(b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman: Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer.
(3) Notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute-
(a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceedings; or
(b) by discharging or punishing, whether by dismissal or otherwise, such protected workman, save with the express permission in writing of the authority before which the proceeding is pending.
(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of sub-section (3) shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purpose, the appropriate Government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner , in which the workmen may be chosen and recognised as protected workmen.
(5) Where an employer makes an application to a conciliation officer. Board, an arbitrator, a Labour Court, Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, within a period of three months from the date of receipt of such application such order in relation thereto as it deems fit : Provided that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit : Provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings being completed.
SECTION 33A: SPECIAL PROVISION FOR ADJUDICATION AS TO WHETHER CONDITIONS OF SERVICE, ETC.,CHANGED DURING PENDENCY OF PROCEEDINGS
Where an employer contravenes the provisions of section 33 during the pendency of proceedings before a conciliation officer. Board, an arbitrator, a Labour Court, tribunal or National Tribunal, any employee aggrieved by such contravention, may make a complaint in writing, -in the prescribed manner,-
(a) to such conciliation officer or Board, and the conciliation officer or Board shall take such complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and
(b) to such arbitrator. Labour Court, Tribunal or National Tribunal and on receipt of such complaint, the arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, shall adjudicate upon-the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this Act and shall submit his or its award to the appropriate Government and the provisions of this Act shall apply accordingly.
SECTION 33B: POWER TO TRANSFER CERTAIN PROCEEDINGS
(1) The appropriate Government may, by order in writing and for reasons to be stated therein, withdraw any proceeding under this Act pending before a Labour Court, Tribunal, or National Tribunal and transfer the same to another Labour Court, Tribunal or National Tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, Tribunal or National Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred : Provided that where a proceeding under section 33 or section 33A is pending before a Tribunal or National Tribunal, the proceeding may also be transferred to a Labour Court.
(2) Without prejudice to the provisions of sub-section (1), any Tribunal or National Tribunal, if so authorized by the appropriate Government, may transfer any proceeding under section 33 or section 33A pending before it to any one of the Labour Courts specified for the disposal of such proceedings by the appropriate Government by notification in the Official Gazette and the Labour Court to which the proceeding is so transferred shall dispose of the same.
SECTION 33C: RECOVERY OF MONEY DUE FROM AN EMPLOYER
(1) Where any money is due to a workman from an employer under a settlement or an. award or under the provisions of Chapter VA or Chapter VB, the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer Provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period.
(2) Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the appropriate Government within a period not exceeding three months. Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit.
(3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks fit, appoint a Commissioner who shall, after taking such evidence as may be necessary, submit a report to the Labour Court and the Labour Court shall determine the amount after considering the report of the Commissioner and other circumstances of the case.
(4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any amount found due by the Labour Court may be recovered in the manner provided for in sub-section (1).
(5) Where workmen employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen.
SECTION 34: COGNIZANCE OF OFFENCES
(1) No Court shall take cognizance of any offence punishable under this Act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate Government.
(2) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under this Act.
SECTION 35: PROTECTION OF PERSONS
(1) No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in the rules of a trade union or society notwithstanding.
(2) Nothing in the rules of a trade union or society requiring the settlement of disputes in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the Civil Court may, in lieu of ordering a person who has been expelled from member- ship of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that Court thinks just.
SECTION 36: REPRESENTATION OF PARTIES.
(1) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by-
(a) any member of the executive or other office bearer of a registered trade union of which he is a member;
(b) any member of the executive or other office bearer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated;
(c) where the worker is not a member of any trade union, by any member of the executive or other office bearer of any trade union connected with, or by any other workman employed in, the industry in which the worker is employed and authorized in such manner as may be prescribed.
(2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by-
(a) an officer of an association of employers of which he is a member;
(b) an officer of a federation of associations of employers to which the association referred to in clause (a) is affiliated;
(c) where the employer is not a member of any association of employers, by an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorised in such manner as may be prescribed.
(3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act or in any proceedings before a Court.
(4) In any proceeding before a Labour Court, Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be.
MAHARASHTRA In section 36, to sub-section (1), the following shall be added, namely:- "Provided that, where there is a recognised union for any undertaking under any law for the time being in force, no workman in such undertaking shall be entitled to be represented as aforesaid in any such proceeding (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration) except by such recognised union." - Maharashtra Act No. I of 1972.
SECTION 36A: POWER TO REMOVE DIFFICULTIES
(1) If, in the opinion of the appropriate Government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such Labour Court, Tribunal or National Tribunal, as it may think fit.
(2) The Labour Court, Tribunal or National Tribunal to which such question is referred shall, after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such parties.
SECTION 36B: POWER TO EXEMPT
Where the appropriate Government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertakings carried on by a department of that Government that adequate provisions exist for the investigation and settlement of industrial disputes in respect of workmen employed in such establishment or undertaking or class of establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or unconditionally such establishment or undertaking or class of establishments or undertakings from all or any of the provisions of this Act.
SECTION 37: PROTECTION OF ACTION TAKEN UNDER THE ACT
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
SECTION 38: POWER TO MAKE RULES
(1) The appropriate Government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the power and procedure of conciliation officers. Boards, Courts, ' Labour Courts, Tribunals or National Tribunals including rules as to the summoning of witnesses, the production of documents relevant to the subject-matter of an inquiry or investigation, the number of members necessary to form a quorum and the manner of submission of reports and awards;
(aa) the form of arbitration agreement, the manner in which it may be signed
by the parties, the manner in which a notification may be issued under sub-
section (3A) of section 10 A, the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him;
(aaa) the appointment of assessors in proceedings under this Act;
(ab) the constitution of Grievance Settlement Authorities referred to in section 9C, the manner in which industrial disputes may be referred to such authorities for settlement, the procedure to be followed by such authorities in the proceedings in relation to disputes referred to them and the period within which such proceedings shall be completed;
(b) the constitution and functions of and the filling of vacancies in Works Committees, and the procedure to be followed by such Committees in the discharge of their duties;
(c) the allowances admissible to members of Courts and Boards and Presiding Officers of Labour Courts, Tribunals and National Tribunals and to assessors and witnesses;
(d) the ministerial establishment which may be allotted to a Court, Board, Labour Court, Tribunal or National Tribunal and the salaries and allowances payable to members of such establishments;
(e) the manner in which and the persons by and to whom notice of strike or lock-out may be given and the manner in which such notices shall be communicated;
(f) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, Labour Court, Tribunal or National Tribunal;
(g) any other matter which is to be or may be prescribed.
(3) Rules made under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees.
(4) All rules made under this section shall, as soon as possible after they are made, be laid before the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament.
(5) Every rule made by the Central Government under-this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total 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 successive sessions aforesaid both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
GUJARAT' In section 38 in sub-section (2), after clause (b), the following clauses shall be inserted, namely:- "(b-1) the manner of constituting a Council and filing of vacancies therein, the number of members of such Council, and the manner of electing the representatives of workmen under sub-section (1) of section 3A; (b-2) the other things which a council may do under clause (f) of sub-section ( 1 ) of section 3B; (b-3) the administrative functions with which a Council shall be entrusted under sub-section (3) of section 3B; (b-4) matters relating-to which information shall be furnished to the Council by the employers under sub-section (4) of section 3B; (b-5) the procedure to be followed by the Council in the discharge of its duties under sub-section (5) of section 3B.' - Gujarat Act No. 21 of 1972.
WEST BENGAL In section 38, after clause (a) of sub-section (2), the following clause shall be inserted:- "(A-1) the manner and the form in which an application for certificate shall be made, the manner and the form in which a certificate is to be issued and the particulars which the certificate shall contain and the manner and the form in which an application shall be filed before a Labour Court or Tribunal, referred to in sub-section (I-B) of section 10 and the procedure to be followed by the Industrial Tribunal or the Labour Court, as the case may be, on receipt of such an application under clause (c) of sub-section (I-B) of section 10" - West Bengal Act No. 33 of 1989.
SECTION 39: DELEGATION OF POWERS
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also,-
(a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and
(b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
SECTION 40: POWER TO AMEND SCHEDULES
(1) The appropriate Government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed to be amended accordingly.
(2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly.
(3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of the State, if the notification has been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.
SCHEDULE 1 INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (VI) OF CLAUSE (N) OF SECTION 2
See section 2(n)(vi) 1. Transport (other than railways) for the carriage of passengers or goods by land or water. 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. India Government Mints. 12. India Security Press. 13. Copper Mining. 14. Lead Mining. 15. Zinc Mining. 16. Iron Ore Mining. 17. Service in any oil field. Service in uranium industry. 20. Pyrites mining industry. 21. Security Paper Mill, Hoshangabad. 22. Services in Bank Note Press, Dewas. {23. Phosphorite mining. 24. Magnesite Mining. 25. Currency Note Press. 26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like. 27. Service in the International Airports Authority of India. 28. Industrial establishments manufacturing or producing Nuclear Fuel and Components, Heavy Water and Allied Chemicals & Atomic Energy.
SCHEDULE 2 MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS
See section 7 1. The propriety or legality of an order passed by an employer under the standing orders; 2. The application and interpretation of standing orders; 3. Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed; 4. Withdrawal of any customary concession or privilege; 5. Illegality or otherwise of a strike or lock-out; and 6. All matters other than those specified in the Third Schedule.
SCHEDULE 3 MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS
See section 7A 1. Wages, including the period and mode of payment; 2. Compensatory and other allowances; 3. Hours of work and rest intervals; 4. Leave with wages and holidays; 5. Bonus, profit sharing, provident fund and gratuity; 6. Shift working otherwise than in accordance with standing orders; 7. Classification by grades; 8. Rules of discipline; 9. Rationalisation; 10. Retrenchment of workmen and closure of establishment; and 11. Any other matter that may be prescribed.
SCHEDULE 4 CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN
See section 9-A 1. Wages, including the period and mode of payment; 2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen 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, alternating or discontinuance of shift working otherwise than in accordance with standing orders; 7. Classification by grades; 8. Withdrawal of any customary concession or privilege or change in usage; 9. Introduction of new rules of discipline, or alteration of existing rules except insofar as they are provided in standing orders; 10. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen; 11. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift not occasioned by circumstances over which the employer has no control.
SCHEDULE 5 UNFAIR LABOUR PRACTICES
See section 2(ra) I-On the part of employers and trade unions of employers I, To interfere with, restrain from, or coerce, workmen in the exercise of their right to organise, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say,- (a) threatening workmen with discharge or dismissal, if they join a trade union; (b) threatening a lock-out or closure, if a trade union is organised; and (c) granting wage increase to workmen at crucial periods of trade union organisation, with a view to undermining the efforts of the trade union at organisation. 2. To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say :- (a) an employer taking an active interest in organising a trade union of his workmen: and (b) an employer showing partiality or granting favour to one of several trade unions attempting to organise his workmen or to its members, where such a trade union is not a recognised trade union. 3. To establish employer-sponsored trade unions of workmen. 4. To encourage or discourage membership in any trade union by discriminating against any workman, that is to say :- (a) discharging or punishing a workman, because he urged other work- men to join or organise a trade union; (b) discharging or dismissing a workman for taking part in any strike (not being a strike which it deemed to be an illegal strike under this Act); (c) changing seniority rating of workmen because of trade union activities; (d) refusing to promote workmen to higher posts on account of their trade union activities; (e) giving unmerited promotions to certain workmen with a view to creating discord amongst other workmen, or to undermine the strength of their trade union; (f) discharging office bearers or active members of the trade union on account of their trade union activities. 5. To discharge or dismiss workmen- (a) by way of victimisation; (b) not in good faith, but in the colourable exercise of the employer's rights; (c) by falsely implicating a workman in a criminal case on false evidence or on concocted evidence; (d) for patently false reasons; (e) on untrue or trumpet up allegations of absence without leave; (/) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste; (g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record of service of the workman, thereby leading to a disproportionate punishment. 6. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike. 7. To transfer a workman mala fide from one place to another, under the guise of following management policy. 8. To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a pre-condition to allowing them to resume work. 9. To show favouritism or partiality to one set of workers regardless of merit. 10. To employ workmen as ''badlis", casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen. 11. To discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute. 12. To recruit workmen during a strike which is not an illegal strike. 13. Failure to implement award, settlement or agreement. 14. To indulge in acts of force or violence. 15. To refuse to bargain collectively, in good faith with the recognised trade unions. 16. Proposing or continuing a lock-out deemed to be illegal under this Act. II-On the part of workmen and trade unions of workmen 1. To advise or actively support or instigate any strike deemed to be illegal under this Act. 2. To coerce workmen in the exercise of their right to self-organisation or to join a trade union or refrain from joining any trade union, that is to say- (a) for a trade union or its members to picketing in such a manner that non-striking workmen are physically debarred from entering the work places; (b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking work- men or against managerial staff. 3. For a recognised union to refuse to bargain collectively in good faith with the employer. 4. To indulge in coercive activities against certification of bargaining representative. 5. To stage, encourage or instigate such forms of coercive actions as wilful "go slow", squatting on the work premises after working hours or "gherao" of any of the members of the managerial or other staff. 6. To stage demonstrations at the residences of the employers or the managerial staff members. 7. To incite or indulge in wilful damage to employer's property connected with the industry. 8. To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work.
INDUSTRIAL TRIBUNAL (PROCEDURE) RULES, 1949
RULE 1 1
These rules may be called the Industrial Tribunal (Procedure) Rules, 1949.
RULE 2 2
The Industrial Tribunal constituted under the Ministry of Labour, Notification No. LR-2 (205), dated the 13th June, 1949, may entrust such cases or matters referred to it as it deems fit to one or more members for enquiry and report.
RULE 3 3
The report under rule 2 shall be submitted to the Chairman of the Tribunal. The Tribunal may withdraw any case or matter referred to one or more members under rule 2 and transfer the same to any other member or members.
RULE 4 4
The Tribunal shall, after considering the report and making such further enquiry as it deems fit, deliver its award.
RULE 5 5
For the purpose of making an enquiry under these rules, the member or members, as the case may be, shall have all the powers of the Tribunal under section 14 and the provisions of rules 14 to rule 21 , rule 24 , rule 30 and rule 31 shall apply to such enquiry as if the member or members were the Tribunal.
INDUSTRIAL DISPUTES (CENTRAL)RULES, 1957
SRO 770, DATED 10-3-1957 in exercise of the powers conferred by
section 38 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby makes the following Rules, the same having been previously published, as required by sub-section (1) of the said section namely:
RULE 1 TITLE AND APPLICATION
(1) These rules may be called the Industrial Disputes (Central) Rules, 1947 .
(2) They extend to Union territories in relation to all industrial disputes, and to the States in relation only to an industrial dispute concerning-
(a) any industry carried on by or under the authority of the Central Government or by a railway company; or
(b) a banking or an insurance company, a mine, an oilfield, or a major port; or
(c) any such controlled industry as may be specified under section 2(a)(i) of
the Act by the Central Government: 1 [* * *]
RULE 2 INTERPRETATION
In these rules, unless there is anything repugnant in the subject or context :-
(a) "Act" means the Industrial Disputes Act, 1947 (14 of 1947);
(b) "Chairman" means the Chairman of a Board or Court or, if the Court consists of one person only, such person;
(c) "committee" means a Works Committee constituted under sub-section (1) of section 3 of the Act;
(d) "form" means a form in the Schedule to these rules;
(e) "section" means a section of the Act;
(f) in relation to an industrial dispute in a Union territory, for which the appropriate Government is the Central Government, reference to the Central Government or the Government of India shall be construed as a reference to the Administrator of the territory, and reference to the Chief Labour Commissioner (Central), Regional Labour Commissioner (Central), 2 [Assistant Labour Commissioner (Central)] shall be construed as reference to the appropriate authority, appointed in that behalf by the Administrator of the territory;
3[(g) with reference to clause (g) of section 2, it is hereby prescribed that-
(i) in relation to an industry, not being an industry referred to in sub-clause
(ii), carried on by or under the authority of a Department of the Central or a State Government, the officer in charge of the industrial establishment shall be the 'employer' in respect of that establishment; and
(ii) in relation to an industry concerning railways, carried on by it under the authority of a Department of the Central Government,-
(a) in the case of establishments of a Zonal Railway, the General Manager of that
Railway shall be the 'employer' in respect of regular railway servants other than casual labour;
(b) in the case of an establishment independent of a Zonal Railway, the officer in charge
of the establishment shall be the 'employer' in respect of regular railway servants other than casual labour; and
(c) the District Officer in charge or the Divisional Personnel Officer or the Personnel
Officer shall be the 'employer' in respect of casual labour employed on a Zonal Railway or any other railway establishment independent of a Zonal Railway.]
RULE 3 APPLICATION
An application under sub-section (2) of section 10 for the reference of an industrial dispute to a Board, Court, Labour Court, Tribunal or National Tribunal shall be made in form A and shall be delivered personally or forwarded by registered post 4 [to the Secretary to the Government of India in the Ministry of Labour and Employment (in triplicate)], the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central), and the 5 [Assistant Labour Commissioner (Central)] concerned. The application shall be accompanied by a statement setting forth :-
(a) the parties to the dispute;
(b) the specific matters in disputes;
(c) the total number of workmen employed in the undertaking affected;
(d) an estimate of the number of workmen affected or likely to be affected by the dispute; and
(e) the efforts made by the parties themselves to adjust the dispute.
RULE 4 ATTESTATION OF APPLICATION
The application and the statement accompanying it shall be signed :-
(a) in the case of an employer by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the Corporation;
(b) in the case of workmen, either by the President and Secretary of trade union of the workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;
6 [(c) in the case of an individual workman, by the workman himself or by any officer of the trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf: Provided that such workman is not a member of a different trade union.]
RULE 5 NOTIFICATION OF APPOINTMENT OF BOARD, COURT, LABOUR COURT, TRIBUNAL OR NATIONAL TRIBUNAL
The appointment of a Board, Court, Labour Court, Tribunal or National Tribunal together with the names of person constituting the Board, Court, Labour Court, Tribunal or National Tribunal shall be notified in the Official Gazette.
RULE 6 NOTICE TO PARTIES TO NOMINATE REPRESENTATIVES
(1) If the Central Government proposes to appoint a Board, it shall send a notice in form B to the parties requiring them to nominate within a reasonable time persons to represent them on the Board.
(2) The notice to the employer shall be sent to the employer personally or if the employer is an incorporated company or a body corporate, to the agent, manager or other principal officer of such company or body.
(3) The notice to the workmen shall be sent :-
(a) in the case of workmen who are members of a trade union, to the President or Secretary of the trade union; and
(b) in the case of workmen who are not members of a trade union, to any one of the five representatives of the workmen who have attested the application made under rule 3 ; and in this case a copy of the notice shall also be sent to the employer who shall display copies thereof on notice
boards in a conspicuous manner at the main entrance to the premises of the establishment.
RULE 7 ARBITRATION AGREEMENT
An arbitration agreement for the reference of an industrial dispute to an arbittrator or arbitrators shall be made in form C and shall be delivered personally or forwarded by registered post in triplicate to the Secretary to the Government of India in the Ministry of Labour, the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central) and the 6 [Assistant labour Commissioner (Central)] concerned. The agreement shall be accompanied by the consent, in writing, of the arbitrator or arbitrators.
RULE 8 ATTESTATION OF THE ARBITRATION AGREEMENT
The arbitration agreement shall be signed :-
(a) in the case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager, or other principal officer of the Corporation.
(b) in the case of workmen, either by the President and Secretary of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose.
8 [(c) in the case of an individual workman, by the workman himself or by any officer of a trade union of which he is member or by another workman in the same establishment duly authorised by him in this behalf: Provided that such workman is not a member of a different trade union.]
RULE 8A NOTIFICATION REGARDING ARBITRATION AGREEMENT BY MAJORITY OF EACH PARTY
Where an industrial dispute has been referred to arbitration and the Central Government is satisfied that the persons making the reference represent the majority of each party, it shall publish a notification in this behalf in the Official Gazette for the information of the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute.]
RULE 9 CONCILIATION PROCEEDINGS IN PUBLIC UTILITY SERVICE
10 [(1)] The Conciliation Officer, on receipt of a notice of a strike or lockout given under rule 71 or rule 72 , shall forthwith arrange to interview both the employer and the workmen concerned with the dispute at such places and at such times as he may deem fit and shall endeavour to bring about a settlement of the dispute in question.
11 [(2) Where the Conciliation Officer receives no notice of a strike or lockout under rule 71 or rule 72 but he considers it necessary to intervene in the dispute, he may give formal intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein.]
RULE 10 CONCILIATION PROCEEDINGS IN NON-PUBLIC UTILITY SERVICE.
Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, he shall give formal intimation in writing to the parties concerned declaring his intention to commence conciliation proceeding with effect from such date as may be specified therein.
RULE 10A PARTIES TO SUBMIT STATEMENTS.
The employer or the party representing workmen 13 [or in the case of individual workman, the workman himself] involved in an industrial dispute shall forward a statement setting forth the specific matters in dispute to the 14 [Conciliation Officer] concerned wherever his intervention in the dispute is required.]
RULE 10B PROCEEDING BEFORE THE LABOUR COURT, TRIBUNAL OR NATIONAL TRIBUNAL
15[ (1) While referring an industrial dispute for adjudication to a Labour Court, Tribunal or National Tribunal, the Central Government shall direct the party raising the dispute to file a statement of claim complete with relevant documents, list of reliance and witnesses with the Labour Court, Tribunal or National Tribunal within fifteen days of the receipt of the order of reference and also forward a copy of such statement to each one of the opposite parties involved in the dispute.
(2) The Labour Court, Tribunal or National Tribunal after ascertaining that copies of statement of claim are furnished to the other side by party raising the dispute shall fix the first hearing on a date not beyond one month from the date of receipt of the order of reference and the opposite party or parties shall file their written statement together with documents, list of reliance and witnesses within a period of 15 days from the date of first hearing and simultaneously forward a copy thereof to the other party.
(3) Where the Labour Court, Tribunal or National Tribunal, as the case may be, finds that the party raising the dispute though directed did not forward the copy of the statement of claim to the opposite party or parties, it shall give direction to the concerned party to furnish the copy of the statement to the opposite party or parties and for the said purpose or for any other sufficient cause, extend the time-limit for filing the statement under sub-rule (1) or written statement under sub-rule (2) by an additional period of 15 days.
(4) The party raising a dispute may submit a rejoinder if it chooses to do so, to the written statement(s) by the appropriate party or parties within a period of fifteen days from the filing of written statement by the latter.
(5) The Labour Court, Tribunal or National Tribunal, as the case may be, shall fix a date for evidence within one month from the date of receipt of the statements, documents, list of witnesses, etc., which shall be ordinarily within sixty days of the date on which the dispute was referred for adjudication.
(6) Evidence shall be recorded either in Court or by affidavit but in the case of affidavit the opposite party shall have the right to cross-examine each of the deponents filing the affidavit. As the oral examination of each witness proceeds, the Labour Court, Tribunal or National Tribunal shall make a memorandum of the substance of what is being deposed. While recording the evidence, the Labour Court, Tribunal or National Tribunal shall follow the procedure laid down in rule 5 of order XVIII of the First Schedule to the Code of Civil Procedure, 1908 .
(7) On completion of evidence either arguments shall be heard immediately or a date shall be fixed for arguments/oral hearing which shall not be beyond a period of fifteen days from the close of evidence.
(8) The Labour Court, Tribunal or National Tribunal, as the case may be, shall not ordinarily grant an adjournment for a period exceeding a week at a time but in any case not more than three adjournments in all at the instance of the parties to the despite: Provided that the Labour Court, Tribunal or National Tribunal, as the case may be, may for reasons to be recorded in writing, grant an adjournment exceeding a week at a time but in any case not more than three adjournments at the instance of any one of the parties to the dispute.
(9) In case any party defaults or fails to appear at any stage the Labour Court, Tribunal or National Tribunal, as the case may be, may proceed with the reference ex parte and decide the reference/application in the absence of the defaulting party: Provided that the Labour Court, Tribunal or National Tribunal, as the case may be, may on the application of either party filed before the submission of the award revoke the order that the case shall proceed ex parte, if it is satisfied that the absence of the party was on justifiable grounds.
(10) The Labour Court, Tribunal or National Tribunal, as the case may be, shall submit its award to the Central Government within one month from the date of oral hearing/arguments or within the period mentioned in the order of reference, which- ever is earlier.
(11) In respect of reference under section 2A , the Labour Court, Tribunal or National Tribunal, as the case may be, shall ordinarily submit its awards within a period of three months: Provided that the Labour Court, Tribunal or National Tribunal may, as and when necessary, extend the period of three months and shall record its reasons in writing to extend the time for submission of the award for another specified period.]
RULE 11
The Conciliation Officer may hold a meeting of the representatives of both parties jointly or of each party separately.
RULE 12
The Conciliation Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit.
RULE 13 PLACE AND TIME OF HEARING.
16 [Subject to the provisions contained in rules 10A and 10B, the sittings of a Board, Court, Labour Court, Tribunal or National Tribunal or of an Arbitrator] shall be held at such times and places as the Chairman or the Presiding Officer or the Arbitrator, as the case may be, may fix and the Chairman, Presiding Officer or Arbitrator, as the case may be, shall inform the parties of the same in such manner as he thinks fit.
RULE 14 QUORUM FOR BOARDS AND COURTS.
The quorum necessary to constitute a sitting of a Board or Court shall be as follows:
Quorum (i) in the case of a Board- where the number of
RULE 15 EVIDENCE.
A Board, Court, Labour Court, Tribunal or National Tribunal or an arbitrator may accept, admit or call for evidence at any stage of the proceedings before it/him and in such manner as it/he may think fit.
RULE 16 ADMINISTRATION OF OATH.
Any member of a Board or Court or presiding officer of a Labour Court. Tribunal or National Tribunal or an arbitrator may administer an oath.
RULE 17 SUMMONS.
A summons issued by a Board, Court, Labour Court, Tribunal or National Tribunal shall be in form D and may require any person to produce before it any books, papers or other documents and things in the possession of or under the control of such person in any way relating to the matter under investigation or adjudication by the Board, Court, Labour Court, Tribunal or National Tribunal which the Board, Court, Labour Court, Tribunal or National Tribunal thinks necessary for the purposes of such investigation or adjudication.
RULE 18 SERVICE OF SUMMONS OR NOTICE.
Subject to the provisions contained in rule 20 , any notice, summons, process or order issued by a Board, Court, Labour Court, Tribunal, National Tribunal or an arbitrator empowered to issue such notice, summons, process or order, may be served either personally or by registered post and in the event of refusal by the party concerned to accept the said notice, summons, process or order, the same shall be sent again under certificate of positing.]
RULE 19 DESCRIPTION OF PARTIES IN CERTAIN CASES.
Where in any proceeding before a Board, Court, Labour Court, Tribunal or National Tribunal or an arbitrator, there are numerous persons arrayed on any side, such persons shall be described as follows :-
(1) all such persons as are members of any trade union or association shall be described by the name of such trade union or association; and
(2) all such persons as are not members of any trade union or association shall be described in such manner as the Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator, as the case may be, may determine.
RULE 20 MANNER OF SERVICE IN THE CASE OF NUMEROUS PERSONS AS PARTIES TO A DISPUTE.
(1) Where there are numerous persons as parties to any proceeding before a Board, Court, Labour Court, Tribunal or National Tribunal or an arbitrator and such persons are members of any trade union or association, the service of notice on the Secretary, or where there is no Secretary, on the principal officer, of the trade union or association shall be deemed to be service on such persons.
(2) Where there are numerous persons as parties to any proceeding before a Board. Court, Labour Court, Tribunal or National Tribunal or an arbitrator and such per- sons are not members of any trade union or association, the Board, Court, Labour Court, Tribunal, National Tribunal or arbitrator, as the case may be, shall, where personal service is not practicable, cause the service of any notice to be made by affixing the same at or near the main entrance of the establishment concerned.
(3) A notice served in the manner specified in sub-rule (2) shall also be considered as sufficient in the case of such workmen as cannot be ascertained and found.
RULE 21 PROCEDURE AT THE FIRST SITTING.
At the first sitting of a Board, Court, Labour Court, Tribunal or National Tribunal, the Chairman or the Presiding Officer, as the case may be, shall call upon the parties in such order as he may think fit to state their case.
RULE 22 BOARD, COURT, LABOUR COURT, TRIBUNAL, NATIONAL TRIBUNAL OR ARBITRATOR MAY PROCEED EX PARTE
If without sufficient cause being shown, any party to proceedings before a Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator fails to attend or to be represented, the Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator may proceed as if the party had duly attended or had been represented.
RULE 23 POWER OF ENTRY AND INSPECTION.
A Board, or Court, or any member thereof, or a Conciliation Officer, a Labour Court, Tribunal or National Tribunal or any person authorised in writing by the Board, Court, Labour Court, Tribunal or National Tribunal in this behalf may, for the purposes of any conciliation, investigation, enquiry or adjudication entrusted to the Conciliation Officer, Board, Court, Labour Court, Tribunal or National Tribunal under the Act, at any time between the hours of sunrise and sunset and in the case of a person authorised in writing by a Board, Court, Labour Court, Tribunal o" National Tribunal after he has given reasonable notice, enter any building, factory workshop, or other place or premises whatsoever, and inspect the same or any work machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter relevant to the subject-matter of the conciliation, investigation, enquiry or adjudication.
RULE 24 POWER OF BOARDS, COURTS, LABOUR COURTS, TRIBUNALS AND NATIONAL TRIBUNALS.
In addition to the powers conferred by the Act, Boards, Courts, Labour Courts, Tribunals and National Tribunals shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 , when trying a suit, in respect of the following matters, namely :-
(a) discovery and inspection;
(b) granting adjournment;
(c) reception of evidence taken on affidavit; and the Board, Court, Labour Court, Tribunal, or National Tribunal may summon and examine any person whose evidence appears to it to be material and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898
RULE 25 ASSESSORS.
Where assessors are appointed to advise a Tribunal or National Tribunal under sub-section (4) of section 7A or sub-section (4) of section 7B or by the Court, Labour Court, Tribunal or National Tribunal under sub-section (5) of section 11 , the Court, Labour Court, Tribunal or National Tribunal, as the case may be, shall, in relation to proceeding before it, obtain the advice of such assessors, but such advice shall not be binding on it.
RULE 26 FEES FOR COPIES OF AWARDS OR OTHER DOCUMENTS OF LABOUR COURT, TRIBUNAL OR NATIONAL TRIBUNAL.
18[(1) Fees for making a copy of an award or an order of a Labour Court, Tribunal or National Tribunal or any document filed in any proceedings before a Labour Court, Tribunal or National Tribunal shall be charged at the rate of Re. I per page.]
(2) For certifying a copy of any such award or order or document, a fee of Re. I shall be payable.
(3) Copying and certifying fees shall be payable in cash in advance.
(4) Where a party applies for immediate delivery of a copy of any such award or order or document, an additional fee equal to one-half of the fee leviable under this rule shall be payable.
RULE 27 DECISION BY MAJORITY.
All questions arising for decision at any meeting of a Board or Court, save where the Court consists of one person shall be decided by a majority of the votes of the members thereof (including the Chairman) present at the meeting. In the event of an equality of votes the Chairman shall also have a casting vote.
RULE 28 CORRECTION OF ERRORS.
A Board, Court, Labour Court, Tribunal, National Tribunal or arbitrator may at any time correct any clerical mistake or error arising from an accidental slip or omission in any proceedings, report, award or decision either of its or his own motion or on the application of any of the parties.]
RULE 29 RIGHT OF REPRESENTATIVES.
The representatives of the parties appearing before a Board, Court, Labour Court, Tribunal or National Tribunal or an arbitrator shall have the right of examination, cross-examination and of addressing the Board, Court, Labour Court, Tribunal or National Tribunal or arbitrator when an evidence has been called.
RULE 30 PROCEEDINGS BEFORE A BOARD, COURT, LABOUR COURT, TRIBUNAL OR NATIONAL TRIBUNAL.
The proceedings before a Board, Court, Labour Court, Tribunal or National Tribunal shall be held in public : Provided that the Board, Court, Labour Court, Tribunal or National Tribunal may at any stage direct that any witness shall be examined or its proceedings shall be held in camera.
RULE 31 TRAVELLING ALLOWANCE.
The Chairman or a member of a Board or Court, or the Presiding Officer or an Assessor of a Labour Court, Tribunal or National Tribunal, if a non-official, shall be entitled to draw travelling allowance and halting allowance, for any journey performed by him in connection with the performance of his duties, at the rates admissible and subject to the conditions applicable to a Government servant of the first grade under the Supplementary Rules issued by the Central Government from time to time.
RULE 32 FEES.
The Chairman and a member of a Board or Court, the Presiding Officer and an Assessor of a Labour Court, Tribunal or National Tribunal wherever he is not a salaried officer of Government may be granted such fees as may be sanctioned by the Central Government in each case.
RULE 33 EXPENSES OF WITNESSES.
Every person who is summoned and duly attends or otherwise appears as a witness before a Board, Court, Labour Court, Tribunal or National Tribunal or an Arbitrator shall be entitled to an allowance for expenses according to the scale for the time being in force with respect to witnesses in civil courts in the State where the investigation, enquiry, adjudication or arbitration is being conducted.
RULE 34 NOTICE OF CHANGE
Any employer intending to effect any change in the conditions of service applicable to any workmen in respect of any matter specified in the Fourth Schedule 20 [to the Act] shall give notice of such intention in Form E.
RULE 35 MANNER OF SERVICE OF NOTICE OF CHANGE.
21 [The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment in the manager's office : Provided that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the secretary of such union]. 21 [** ** **]
RULE 36 FORM OF AUTHORITY UNDER SECTION 36.
The authority in favour of a person or persons to represent a workman or group of workmen or an employer in any proceeding under the Act shall be in Form F.
RULE 37 PARTIES BOUND BY ACTS OF REPRESENTATIVE.
A party appearing by a representative shall be bound by the acts of that representative.
RULE 38 CONSTITUTION.
Any employer to whom an order made under sub-section (1) of section 3 relates shall forthwith proceed to constitute a Works Committee in the manner prescribed in this part.
RULE 39 NUMBER OF MEMBERS.
The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and classes of workmen engaged in, and to the sections, shops or departments of the establishment: Provided that the total number of members shall not exceed twenty: Provided further that the number of representatives of the workmen shall not be less than the number of representatives of the employer.
RULE 40 REPRESENTATIVES OF EMPLOYER.
Subject to the provisions of these rules, the representatives of the employer shall be nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the working of the establishment.
RULE 41: CONSULTATION WITH TRADE UNIONS.
(1) Where any workmen of an establishment are members of a registered trade union, the employer shall ask the union to inform him in writing-
(a) how many of the workmen are members of the union; and
(b) how their membership is distributed among the sections, shops or departments of the establishment.
(2) Where an employer has reason to believe that the information furnished to him under sub-rule (1) by any trade union is false, he may, after informing the union, refer the matter 22 [to the Assistant Labour Commissioner (Central) concerned for his decision; and the Assistant Labour Commissioner (Central)] after hearing the parties shall decide the matter and his decision shall be final.
RULE 42 GROUPS OF WORKMEN'S REPRESENTATIVES.
On receipt of the information called for under rule 41 , the employer shall provide for the election of workmen's representatives on the Committee in two groups-
1. those to be elected by the workmen of the establishment who are members of the registered trade union or unions, and
2. those to be elected by the workmen of the establishment who are not members of the registered trade union or unions, bearing the same proportion to each other as the union members in the establishment bear to the non-members: Provided that where more than half the workmen are members of the union or any one of the unions, no such division shall be made : Provided further that where a registered trade union neglects or fails to furnish the information called for under sub-rule (1) or rule 41 within one month of the date of the notice requiring it to furnish such information such union shall for the purpose of this rule be treated as if it did not exist : Provided further that where any reference has been made by the employer under sub-rule (2) of rule 41 , the election shall be held on receipt of the decision of the 23 [Assistant Labour Commissioner (Central)].
RULE 43 ELECTORAL CONSTITUENCIES.
Where under rule 42 the workmen's representatives are to be elected in two groups, the workmen entitled to vote shall be divided into two electoral constituencies, the one consisting of those who are members of a registered trade union and the other of those who are not: Provided that the employer may, if he thinks fit sub-divide the 24 [electoral constitu- ency or constituencies, as the case may be] and direct that workmen shall vote in either by groups, sections, shops or departments.
RULE 44 QUALIFICATION OF CANDIDATES FOR ELECTION.
Any workman of not less than 19 years of age and with a service of not less than one year in the establishment may if nominated as provided in these rules, be a candidate for election as a representative of the workmen on the Committee: Provided that the service qualification shall not apply to the first election in an establishment which has been in existence for less than a year.
RULE 45 QUALIFICATIONS FOR VOTERS.
All workmen, 25 [***] who are not less than 18 years of age and who have put in not less than 6 months' 26 [continuous] service in the establishment shall be entitled to vote in the election of the representative of workmen.
RULE 46 PROCEDURE FOR ELECTION.
(1) The employer shall fix a date as the closing date for receiving nominations from candidates for election as workmen's representatives on the Committee.
(2) For holding the election, the employer shall also fix a date which shall not be earlier than three days and later than 27 [fifteen] days after the closing date for receiving nominations.
(3) The dates so fixed shall be notified at least seven days in advance to the workmen and the registered trade union or unions concerned. Such notice shall be affixed on the notice board or given adequate publicity amongst the workmen. The notice shall specify the number of seats to be elected by the groups, sections, shops or depart- ments and the number to be elected by the members of the registered trade union or unions and by the non-members.
(4) A copy of such notice shall be sent to the registered trade union or unions concerned.
RULE 47 NOMINATION OF CANDIDATES FOR ELECTION.
(1) Every nomination shall be made on a nomination paper in form 'G' copies of which shall be supplied by the employer to the workmen requiring them.
(2) Each nomination paper shall be signed by the candidate to whom it relates and attested by at least two other voters belonging to the group, section, shop or depart- ment the candidate seeking election will represent, and shall be delivered to the employer.
RULE 48 SCRUTINY OF NOMINATION PAPERS.
(1) On the day following the last day fixed for filing nomination papers, the nomination papers shall be scrutinised by the employer in the presence of the candidates and the attesting persons and those which are not valid shall be rejected.
(2) For the purpose of sub-rule (1), a nomination paper shall be held to be not valid if (a) the candidate nominated is ineligible for membership under rule 44 or (b) the requirements of rule 47 have not been complied with: Provided that where a candidate or an attesting person is unable to be present at the time of scrutiny, he may send a duly authorised nominee for the purpose.
RULE 48A WITHDRAWAL OF CANDIDATES VALIDLY NOMINATED.
Any candidate whose nomination for election has been accepted may withdraw his candidature within 48 hours of the completion of scrutiny of nomination papers].
RULE 49 VOTING IN ELECTION.
(1) If the number of candidates who have been validly nominated is equal to the number of seats, the candidates shall be forthwith declared duly elected.
(2) If in any constituency the number of candidates is more than the number of seats allotted to it, voting shall take place on the day fixed for election.
(3) The election shall be held in such manner as may be convenient for each electoral constituency.
(4) The voting shall be conducted by the employer, and if any of the candidates belong to a union such of them as the union may nominate shall be associated with the election.
(5) Every workman entitled to vote at an electoral constituency shall have as many votes as there are seats to be filled in the constituency: Provided that each voter shall be entitled to cast only one vote in favour of any one candidate.
RULE 50 ARRANGEMENTS FOR ELECTION.
The employer shall be responsible for all arrangements in connection with the election.
RULE 51 OFFICERS OF THE COMMITTEE.
(1) The Committee shall have among its office bearers a Chairman, a Vice-Chair- man, a Secretary and a Joint Secretary, The Secretary and the Joint Secretary shall be elected every year.
29 [(2) The Chairman shall be nominated by the employer from amongst the employer's representatives on the Committee and he shall, as far as possible, be the head of establishment.
(2A) The Vice-Chairman shall be elected by the members on the Committee representing the workers, from amongst themselves: Provided that in the event of equality of votes in the election of the Vice-Chairman, the matter shall be decided by draw of a lot.]
(3) The Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers, the Joint Secretary shall be elected from amongst the representatives of the work- men and vice versa: 30 [Provided that] the post of the Secretary or the Joint Secretary, as the case may be, shall not be held by a representative of the employer or the workmen, for two consecutive years: 31 [Provided that the representatives of the employer shall not take part in the election of the secretary or joint secretary, as the case may be, from amongst the representatives of the workmen and only the representatives of the workmen shall be entitled to vote in such elections.]
32 (4) In any election under sub-rule (3), in the event of equality of votes, the matter shall be decided by a draw of lot.]
RULE 52 TERM OF OFFICE.
32[1) The term of office of the representatives on the Committee other than a member chosen to fill a casual vacancy shall be two years.]
(2) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor.
(3) A member who without obtaining leave from the Committee, fails to attend three consecutive meetings of the Committee shall forfeit his membership.
RULE 53 VACANCIES.
In the event of workmen's representative ceasing to be a member under sub- rule (3) of rule 52 or ceasing to be employed in the establishment or in the event of his ceasing to represent the trade or vocation he was representing, or resignation or death his successor shall be elected in accordance with the provisions of this Part from the same category, group, class, section, shop or department to which the member vacating the seat belonged.]
RULE 54 POWER TO CO-OPT.
The Committee shall have the right to co-opt in a consultative capacity persons employed in the establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Committee.
RULE 55 MEETINGS.
(1) The Committee may meet as often as necessary but not less often than once in three months (a quarter).
(2) The Committee shall, at its first meeting regulate its own procedure.
RULE 56 FACILITIES FOR MEETING, ETC.
34 [(1)] The employer shall provide accommodation for holding meetings of the Committee. He shall also provide all necessary facilities to the Committee and to the members thereof for carrying out the work of the Committee. The Committee shall ordinarily meet during working hours of the establishment concerned on any working day and the representative of the workmen shall be deemed to be on duty while attending the meeting.
35 [(2) The Secretary of the Committee may, with the prior concurrence of the Chair- man, put up notice regarding the work of the Committee on the notice board of the establishment.]
RULE 56A SUBMISSION OF RETURNS.
The employer shall submit half-yearly returns as in Form G-I in triplicate to the 37 [Assistant Labour Commissioner (Central)] concerned not later than the 20th day of the month following the half-year.]
RULE 57 DISSOLUTION OF WORKS COMMITTEE.
The Central Government, or where the power under section 3 has been dele- gated to any officer or authority under section 39 , such officer or authority may, after making such inquiry as it or he may deem fit. dissolve any Works Committee at any time, by an order in writing, if he or it is satisfied that the Committee has not been constituted in accordance with these rules or that not less than two- thirds of the number of representatives of the workmen have, without any reason- able justification failed to attend three consecutive meetings of the Committee or that the Committee has, for any other reason, ceased to function: Provided that where a Works Committee is dissolved under this rule, the employer may, and if so required by the Central Government or, as the case may be, by such officer or authority shall, take steps to re-constitute the Committee in accordance with these rules.
RULE 58 MEMORANDUM OF SETTLEMENT.
(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in form 'H'.
(2) The settlement shall be signed by-
(a) in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an incorporated company or other body corporate, by the agent, manager, or other principal officer of the corporation:
38 [(b) in the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose.
39 [(c) in the case of the workman in an industrial dispute under section 2A of the Act, by the workman concerned.]
(3) Where a settlement is arrived at in the course of conciliation proceeding, the conciliation officer shall send a report thereof to the Central Government together with a copy of the memorandum of settlement signed by the parties to the dispute.
(4) Where a settlement is arrived at between an employer and his workmen other- wise than in the course of conciliation proceeding before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the Central Government, the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central) and to the 40 [Assistant Labour Commissioner (Central)] concerned.
RULE 59 COMPLAINTS REGARDING CHANGE OF CONDITIONS OF SERVICE, ETC.
(1) Every complaint under section 33-A of the Act shall be presented in triplicate in Form 1' and shall be accompanied by as many copies of the com- plaint as there are opposite parties to the complaint.
(2) Every complaint under sub-rule (1) shall be verified at the foot by the workmen making it or by some other persons proved to the satisfaction of the Labour Court, Tribunal or National Tribunal to be acquainted with the facts of the case.
(3) The person verifying shall specify, by references to the numbered paragraphs of the complaint, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(4) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
RULE 60 APPLICATION UNDER SECTION 33.
(1) An employer intending to obtain the express permission in writing of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal as the case may be, under sub-section (1) or sub-section (3) of section 33 shall present an application in Form J in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file along with the application as many copies thereof as there are opposite parties.
(2) An employer seeking the approval of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal, as the case may be, of any action taken by him under clause (a) or clause (b) of sub-section (2) of section 33 shall present an application in Form K in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file along with the application as many copies thereof as there are opposite parties.
(3) Every application under sub-rule (1) or sub-rule (2) shall be verified at the foot by the employer making it or by some other person proved to the satisfaction of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal to be acquainted with the facts of the case.
(4) The person verifying shall specify by reference to the numbered paragraphs of the application, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(5) The verification shall be signed by the person making it and shall state the date on which and the place at which it was verified.
RULE 61 PROTECTED WORKMEN.
(1) Every registered trade union connected with an industrial establishment, to which the Act applies, shall communicate to the employer before the 41 [30th April] every year, the names and addresses of such of the officers of the union who are employed in that establishment and who, in the opinion of the union, should be recognised as "protected workmen". Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change.
(2) The employer shall, subject to section 33 , sub-section (4), recognise such work- men to be "protected workmen" for the purposes of subsection (3) of the said section and communicate to the union, in writing, within fifteen days of the receipt of the names and addresses under subrule (a), the list of workmen recognised as protected workmen 42 [for the period of twelve months from the date of such communication].
(3) Where the total number of names received by the employer under subrule (1) exceeds the maximum number of protected workmen, admissible for the establishment, under section 33, sub-section (4), the employer shall recognise as protected workmen only such maximum number of workmen: Provided that, where there is more than one registered trade union in the establishment, the maximum number shall be so distributed by the employer among the unions that the numbers of recognised protected workmen in individual unions bear roughly the same proportion to one another as the membership, figures of the unions. The employer shall in that case intimate in writing to the President or the Secretary of the union the number of protected workmen allotted to it : Provided further that where the number of protected workmen allotted to a union under this sub-rule, falls short of the number of officers of the union seeking protection, the union shall be entitled to select the officers to be recognised as protected workmen. Such selection shall be made by the union and communicated to the employer within five days of the receipt of the employer's letter.
(4) When a dispute arises between an employer and any registered trade union in any matter connected with the recognition of 'protected workmen' under this rule, the dispute shall be referred to 43 [any Regional Labour Commissioner (Central) or] the 44 [Assistant Labour Commissioner (Central)] concerned whose decision thereon shall be final.
RULE 62 APPLICATION FOR RECOVERY OF DUES.
45[ (1) Where any money is due from an employer to a workman or a group of workmen under a settlement or an award or under the provisions of Chapter V-A or 46 [Chapter V-B], the workman or the group of workmen, as the case may be, may apply in Form K-1 for the recovery of the money due: Provided that in the case of a person authorised in writing by the workman, or in the case of the death of the workman the assignee or heir of the deceased workman, the application shall be made in Form K.-2.
(2) Where any workman or a group of workmen is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money, the workman or the group of the workmen, as the case may be, may apply to the specified Labour Court in Form K-3 for the determination of the amount due or, as the case may be, the amount at which such benefit should be computed:] 47 [Provided that in the case of the death of a workman, application shall be made in Form K-4 by the assignee or heir of the deceased workman].
RULE 63 APPOINTMENT OF COMMISSIONER.
Where it is necessary to appoint a Commissioner under sub-section (3) of section 33C of the Act, the Labour Court may appoint a person with experience in the particular industry, trade or business involved in the industrial dispute or a person with experience as a judge of a civil court, or as a stipendiary magistrate or as a Registrar or Secretary of a Labour Court, or Tribunal constituted under any Provincial Act or State Act or of a Labour Court, Tribunal or National Tribunal constituted under the Act or of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950
RULE 64 FEES FOR THE COMMISSIONER, ETC.
(1) The Labour Court shall, after consultation with the parties, estimate the probable duration of the enquiry and fix the amount of the Commissioner's fees and other incidental expenses and direct the payment thereof, into the nearest treasury, within a specified time, by such party or parties and in such proportion as it may consider fit. The Commission shall not issue until satisfactory evidence of the deposit into the treasury of the sum fixed is filed before the Labour Court: Provided that the Labour Court may from time to time direct that any further sum or sums be deposited into the treasury within such time and by such parties as it may consider fit: Provided further that the Labour Court may in its discretion, extend the time for depositing the sum into the treasury.
(2) The Labour Court may, at any time, for reasons to be recorded in writing, vary the amount of the Commissioner's fees in consultation with the parties.
(3) The Labour Court may direct that the fees shall be disbursed to the Commissioner in such instalments and on such dates as it may consider fit.
(4) The undisbursed balance, if any, of the sum deposited shall be refunded to the party or parties who deposited the sum in the same proportion as that in which it was deposited.
RULE 65 TIME FOR SUBMISSION OF REPORT.
(1) Every order for the issue of a Commission shall appoint a date, allowing sufficient time, for the Commissioner to submit his report.
(2) If for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be exceeded, he shall apply, before the expiry of the said date, for extension of time setting forth grounds thereof and the Labour Court shall take such grounds into consideration in passing orders on the application : Provided that the Labour Court may grant extension of time notwithstanding that no application for such extension has been received from the Commissioner within the prescribed time limit.
RULE 66 LOCAL INVESTIGATION
In any industrial dispute in which the Labour Court deems a local investigation to be requisite or proper for the purpose of computing the money value of a benefit, the Labour Court may issue a commission to a person referred to in rule 63 directing him to make such investigation and to report thereon to it.
RULE 67 COMMISSIONER'S REPORT.
(1) The Commissioner after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence together with his report in writing signed by him to the Labour Court.
(2) the report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the industrial dispute and shall form part of the record of the proceedings in the industrial dispute, but the Labour Court or, with the permission of the Labour Court, any of the parties to the industrial dispute may examine the Commissioner personally before the Labour Court, regarding any of the matters referred to him or mentioned in his report or as to his report, or as to the manner in which he has made the investigation.
(3) Where the Labour Court is for any reason dissatisfied with the proceedings of the Commissioner it may direct such further enquiry to be made as it shall think fit.
RULE 68 POWERS OF COMMISSIONER.
Any Commissioner appointed under these rules, may unless otherwise directed by the order of appointment-
(a) examine the parties themselves and any witnesses whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him;
(b) call for and examine documents and other things relevant to the subject of enquiry;
(c) at any reasonable time enter upon or into any premises mentioned in the order.
RULE 69 SUMMONING OF WITNESSES, ETC.
(1) The provisions of the Code of Civil Procedure, 1908 (Act V of 1908) relating to the summoning, attendance, examination of witnesses and penalties to be imposed upon witnesses, shall apply to persons required to give evidence or to produce documents before the Commissioner under these Rules.
(2) Every person who is summoned and appears as a witness before the Commissioner shall be entitled to payment by the Labour Court out of the sum deposited under rule 64 , of an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing in the civil courts.
RULE 70 REPRESENTATION OF PARTIES BEFORE THE COMMISSIONER.
The parties to the industrial dispute shall appear before the Commissioner, either in person or by any other person who is competent to represent them in the proceedings before the Labour Court.
RULE 70A RESERVATIONS OF RECORDS BY THE NATIONAL INDUSTRIAL TRIBUNALS, INDUSTRIAL TRIBUNALS OR LABOUR COURTS.
48[ (1) The records of the National Industrial Tribunals, Industrial Tribunals or Labour Courts specified in Column I of the Table below shall be preserved, for the periods specified in the corresponding entry in column 2 thereof after the proceedings are finally disposed of by such National Tribunals, Industrial Tribunals, Labour Courts. TABLE
________________________________________________________________________ Records Number of years for which the records shall be preserved ________________________________________________________________________
12 ________________________________________________________________________ (i) Order and judgments of National Industrial Tribunals, 10 years Industrial Tribunals or Labour Courts. (ii) Exhibited documents in the above mentioned Tribunals 10 years or Courts. (iii) Other papers. 7 years. ________________________________________________________________________
(2) Notwithstanding anything contained in sub-rule (1), the records of the National Industrial Tribunals, Industrial Tribunals or Labour Courts, connected with writ petitions, if any, filed in the High Courts or Supreme Court, or connected with appeals by special leave, if any, filed in the Supreme Court shall be preserved at least till the final disposal of such writ petitions or appeal by special leave.]
RULE 71 NOTICE OF STRIKE
(1) The notice of strike to be given by workmen in a public utility service shall be in Form L.
(2) On receipt of a notice of a strike under sub-rule (1), the employer shall forthwith intimate the fact to the Conciliation Officer having jurisdiction in the matter.
RULE 72 NOTICE OF LOCK-OUT.
The notice of lock-out to be given by an employer carrying on a public utility service shall be in Form M. 49 [The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment and in the Manager's Office: Provided that where a registered trade union exists, a copy of the notice shall also be served on the Secretary of the Union.]
RULE 73 REPORT OF LOCK-OUT OR STRIKE.
The notice of lock-out or strike in a public utility service to be submitted by the employer under sub-section (3) of section 22 , shall be in Form N.
RULE 74 REPORT OF NOTICE OF STRIKE OR LOCK-OUT.
The report of notice of a strike or lock-out to be submitted by the employer under sub-section (6) of section 22 shall be sent by registered post or given personally to the 50 [Assistant Labour Commissioner (Central)] appointed for the local area concerned, with copy by registered post to :-
(1) The Administrative Department of the Government of India concerned.
(2) The Regional Labour Commissioner (Central) for the Zone.(3) Chief Labour Commissioner (Central).(4) Ministry of Labour of the Government of India.(5) Labour Department of the State Government concerned, and(6) The District Magistrate concerned.
RULE 75 REGISTER OF SETTLEMENTS.
The 51 [Conciliation Officer] shall file all settlements effected under this Act in respect of disputes in the area within his jurisdiction in a register maintained for the purpose as in Form O.
RULE 75A NOTICE OF LAY OFF
52[ (1) If any workman employed in an industrial establishment as defined in the Explanation below section 25A [not being an industrial establishment referred to in sub-section (1) of that section] is laid off, then, the employer concerned shall give notices of commencement and termination of such lay off in Forms 0-1 and 0-2 respectively within seven days of such commencement or termination, as the case may be.
(2) Such notices shall be given by an employer in every case irrespective of whether, in his opinion, the workman laid off is or is not entitled to compensation under section 25C .]
RULE 75B APPLICATION FOR PERMISSION FOR LAY-OFF UNDER SECTION 25M
53[ (1) Application for permission to lay-off any workman under sub-section (1), or for permission to continue a lay-off under 54 [sub-section (3)] of section 25M shall be made in Form 0-3 and delivered to the authority specified under sub- section (1) either personally or by registered post acknowledgement due and where the application is sent by registered post the date on which the same is delivered to the said authority shall be deemed to be the date on which the application is made, for the purposes of 55 [sub-section (5)] of the said section.
56 [(2) The application for permission shall be made in triplicate and copies of such application shall be served by the employer on the workmen concerned and a proof to that effect shall also be submitted by the employer along with the application.]
(3) The employer concerned shall furnish to the authority to whom the application for permission has been made such further information as the authority considers necessary for arriving at a decision on the application, as and when called for by such authority, so as to enable the authority to communicate the permission or refusal to grant permission within the period specified in 57 [sub-section (5)] of section 25M .
(4) Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the Regional Labour Commissioner (Central), concerned, a notice of commencement and termination of such lay-off in Forms 0-1 and 0-2 respectively and where permission to continue a lay-off has been granted by the said authority, the employer shall give to the Regional Labour Commissioner (Central) concerned, a notice of commencement of such lay-off in Form 0-1, in case such a notice has not already been given under sub-rule (1) of rule 75A , and a notice of termination of such lay-off in Form 0-2.
(5) The notice of commencement and termination of lay-off referred to in sub-rule (4) shall be given within the period specified in sub-rule (1) of rule 75A .]
RULE 76 NOTICE OF RETRENCHMENT
If any employer desires to retrench any workman employed in his industrial establishment who has been in continuous service for not less than one year under him (hereinafter referred to as 'workman' in this rule and in rules 77 and 78 , he shall give notice of such retrenchment as in Form P to the Central Government, the Regional Labour Commissioner (Central) and Assistant Labour Commissioner (Central) and the Employment Exchange concerned and such notice shall be served on that Government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, by registered post in the following manner:-
(a) where notice is given to the workman, notice of retrenchment shall be sent within three days from the date on which notice is given to the workman;
(b) where no notice is given to the workman and he is paid one months wages in lieu thereof, notice of retrenchment shall be sent within three days from the date on which such wages are paid; and
(c) where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retrenchment shall be sent so as to reach the Central Government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, at least one month before such date: Provided that if the date of termination of service agreed upon is within 30 days of the agreement, the notice of retrenchment shall be sent to the Central Government, the Regional Labour Commissioner (Central), the Assistant Commissioner (Central), and the Employment Exchange concerned, within 3 days of the agreement.]
RULE 76A NOTICE OF, AND APPLICATION FOR PERMISSION FOR, RETRENCHMENT
59[ (1) Notice 60 [or, as the case may be, the application under] sub-section (1) of section 25N for retrenchment shall be served in Form PA and served on the Central Government or such authority as may be specified by that Government under the said clause either personally or by registered post acknowledgement due and where the notice is served by registered post, the date on which the same is delivered to the Central Government or the authority shall be deemed to be the date of service of the notice for the purposes of 61 [sub-section (4)] of the said section. 62 [***]
63 [(2)] The notice or, as the case may be, the application, shall be made in triplicate and copies of such notice, or as the case may be, the application, shall be served by the employer on the workmen concerned and a proof to that effect shall also be submitted by the employer along with the notice or, as the case may be, the application.]
64 [ 65 (3)] The employer concerned shall furnish to the Central Government or the authority to whom the notice for retrenchment has been given or the application for permission for retrenchment has been made, under sub-section (1) of section 25N, such further information as the Central Government or, as the case may be, the authority considers necessary for arriving at a decision on the notice or, as the case may be, the application, as and when called for by such authority so as to enable the Central Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-section (4) of section 25N .]
RULE 76B NOTICE OF CLOSURE
If an employer intends to close down an undertaking he shall give notice of such closure in Form Q to the Central Government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, by registered post.]
RULE 76C NOTICE OF, AND APPLICATION FOR PERMISSION FOR, CLOSURE
67[ (1) Notice under sub-section (1) of section 25-0 of intended closure shall be given in Form QA and served on the Central Government either personally or by registered post acknowledgement due. 68 [A copy of such application shall be served simultaneously by registered post on the President or Secretary of registered trade union(s) functioning in the establishment and a notice in this regard shall also be displayed conspicuously by the employer on a notice board at the main entrance to the establishment for the information of all the concerned workmen at the same time when applications are served on the Central Government.] 69 [***]
70 [(2)] The notice, or, as the case may be, the application shall be made in triplicate.
70 [(3)] The employer concerned shall furnish to the Central Government to whom the notice of intended closure has been given or the application for permission to close down has been made such further information as that Government considers necessary, for arriving at a decision on the notice, or as the case may be, the application, and calls for from such employer.]
RULE 77 MAINTENANCE OF SENIORITY LIST OF WORKMEN.
The employer shall prepare a list of all workmen in the particular category from which retrenchment is contemplated arranged according to the seniority of their service in that category and cause a copy thereof to be pasted on a notice board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.
RULE 78 RE-EMPLOYMENT OF RETRENCHED WORKMEN.
(1) At least ten days before the date on which vacancies are to be filled, the employer shall arrange for the display on a notice board in a conspicuous place in the premises of the industrial establishment details of those vacancies and shall also give intimation of those vacancies by registered post to every one of all the retrenched workmen eligible to be considered therefor, to the address given by him at the time of retrenchment or at any time thereafter : Provided that where the number of such vacancies is less than the number of retrenched workmen, it shall be sufficient if intimation is given by the employer individually to the seniormost retrenched workmen in the list referred to in rule 77 the number of such seniormost workmen being double the number of such vacan- cies: Provided further that where the vacancy is of a duration of less than one month there shall be no obligation on the employer to send intimation of such vacancy to individual retrenched workmen: 71 [Provided also that if a retrenched workman, without sufficient cause being shown in writing to the employer, does not offer himself for reemployment on the date or dates specified in the intimation sent to him by the employer under this sub-rule, the employer may not intimate to him the vacancies that may be filled on any subsequent occasion.]
(2) Immediately after complying with the provisions of sub-rule (1), the employer shall also inform the trade unions connected with the industrial establishment, of the number of vacancies to be filled and names of the retrenched workmen to whom intimation has been sent under that subrule: Provided that the provisions of this sub-rule need not be complied with by the employer in any case where intimation is sent to every one of the workmen mentioned in the list prepared under rule 77 .
RULE 79 PENALTIES.
Any breach of these rules shall be punishable with fine not exceeding fifty rupees.
RULE 80 REPEAL
The industrial Disputes (Central) Rules, 1947 , are hereby repealed : Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
In exercise of the powers conferred by section 38 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government makes the following rules, the same having been published as required by sub-section (1) of the said section, namely:-
RULE 1
These rules may be called the Industrial Tribunal (Central Procedure) Rules, 1954.
RULE 2
In these rules-
(a) "the Act" means the Industrial Disputes Act, 1947 (14 of 1947);(b) "Chairman" means the Chairman of the Tribunal;(c) "member" means a member of the Tribunal;(d) "section" means a section of the Act;
(e) "Tribunal" means the Industrial Tribunal constituted under section 7 consisting of two or more members.
RULE 3
In the case of a Tribunal where it consists of two or more members, the Chairman may sit alone or with one or more members to hear an application or complaint in writing under section 33 or section 33A, as the case may be, for inquiry and report to the Tribunal or entrust any such application or complaint to one or more members, as he deems fit, for such enquiry and report.
RULE 4
The Chairman may withdraw any case or matters referred to one or more members, under Rule 3 and transfer the same to himself or any other member or members.
RULE 5
The report under rule 3, where the enquiry is made by one or more members, shall be submitted to the Chairman and where the enquiry is by the Chairman sitting alone or with one or more members, the report shall be submitted to the Tribunal: Provided that in all cases, the final order on such application or complaint shall be passed by the Tribunal after taking into consideration the report submitted to it by the Chairman sitting singly or with one or more members or by any other member or members.]
RULE 6
The Tribunal shall, after considering the report submitted to the Chairman under rule 5 and making such further enquiry, if any, as it thinks fit, give its decision or award as the case may be.
RULE 7
For the purposes of making an enquiry under these rules the Chairman or members, as the case may be, shall have all the powers of the Tribunal under section II and the provisions of rules 14 to 21, 24, 30 and 31 of the Industrial Disputes (Central) Rules, 1947, shall apply to such enquiry as if the Chairman or member or members by themselves constituted the Tribunal.]
