THE INDUSTRIAL DISPUTES ACT,
1947
Table of Contents
CHAPTER I...........................................................................................................................................6
PRELIMINARY......................................................................................................................................6
1. Short title, extent and commencement.....................................................................................6
2. Definitions................................................................................................................................6
2-A. [Dismissal, etc., of an individual workman to be deemed to be an industrial dispute ...............16
CHAPTER II........................................................................................................................................18
AUTHORITIES UNDER THIS ACT .........................................................................................................18
3. Works Committee...................................................................................................................18
4. Conciliation officers ................................................................................................................21
5. Boards of Conciliation .............................................................................................................21
6. Courts of Inquiry .....................................................................................................................21
7. [Labour Courts........................................................................................................................22
7-A. Tribunals.................................................................................................................................25
7-B. National Tribunals...................................................................................................................29
7-C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals 29
8. [Filling of vacancies.................................................................................................................30
9. Finality of orders constituting Boards, etc. ..............................................................................31
[CHAPTER II-A ...................................................................................................................................31
NOTICE OF CHANGE..........................................................................................................................31
9-A. Notice of change.....................................................................................................................31
9-B. Power of Government to exempt............................................................................................32
[CHAPTER II-B ...................................................................................................................................33
GRIEVANCE REDRESSAL MACHINERY.................................................................................................33
9-C. Setting up of Grievance Redressal Machinery..........................................................................33
CHAPTER III.......................................................................................................................................36
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS.........................................................36
10. Reference of disputes to Boards, Courts or Tribunals ..............................................................36
10-A. Voluntary reference of disputes to arbitration ........................................................................41
CHAPTER IV.......................................................................................................................................47
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES........................................................................47
11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals...........................47
11-A. [Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of
discharge or dismissal of workmen..........................................................................................50
12. Duties of conciliation officers..................................................................................................51
13. Duties of Board.......................................................................................................................52
3
14. Duties of Courts......................................................................................................................53
15. [Duties of Labour Courts, Tribunals and National Tribunals .....................................................53
16. Form of report or award .........................................................................................................53
17. Publication of reports and awards...........................................................................................54
17-A. Commencement of the award.................................................................................................54
17-B. [Payment of full wages to workman pending proceedings in higher courts..............................56
18. Persons on whom settlements and awards are binding ...........................................................56
19. Period of operation ofsettlements and awards.......................................................................57
20. Commencement and conclusion of proceedings .....................................................................58
21. Certain matters to be kept confidential...................................................................................59
CHAPTER V .......................................................................................................................................60
STRIKES AND LOCK-OUTS ..................................................................................................................60
22. Prohibition of strikes and lock-outs.........................................................................................60
23. General prohibition of strikes and lock-outs............................................................................61
24. Illegal strikes and lock-outs.....................................................................................................61
25. Prohibition of financial aid to illegal strikes and lock- outs.......................................................62
[CHAPTER V-A...................................................................................................................................62
LAY-OFF AND RETRENCHMENT .........................................................................................................62
25-A. Application of sections 25C to 25E...........................................................................................62
25-B. [Definition of continuous service.............................................................................................62
25-C. [Right of workmen laid-off for compensation..........................................................................63
25-D. Duty of an employer to maintain muster rolls of workmen......................................................64
25-E. Workmen not entitled to compensation in certain cases.........................................................64
25-F. Conditions precedent to retrenchment of workmen................................................................65
25-FF.[Compensation to workmen in case of transfer of undertakings..............................................66
25-FFA. [Sixty days' notice to be given of intention to close any undertaking ..............................66
25-FFF. Compensation to workmen in case of closing down of undertakings..................................67
25-G. Procedure for retrenchment ...................................................................................................69
25-H. Re-employment of retrenched workmen ................................................................................69
25-I. Recovery of moneys due from employers under this chapter ..................................................69
25-J. Effect of laws inconsistent with this Chapter ...........................................................................70
[CHAPTER V-B ...................................................................................................................................70
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN
ESTABLISHMENTS ...................................................................................................................70
25-K. Application of Chapter V-B......................................................................................................70
25-L. Definitions ..............................................................................................................................73
4
25-M. Prohibition of lay-off...............................................................................................................74
25-N. Conditions precedent to retrenchment of workmen................................................................76
25-O. [Procedure for closing an undertaking.....................................................................................80
25-P. Special provision as to restarting of undertakings closed down before commencement of the
Industrial Disputes (Amendment) Act, 1976 ............................................................................87
25-Q. Penalty for lay-off and retrenchment without previous permission .........................................90
25-R. Penalty for closure ..................................................................................................................91
25-S. Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter
applies....................................................................................................................................92
[CHAPTER V-C ...................................................................................................................................93
UNFAIR LABOUR PRACTICES..............................................................................................................93
25-T. Prohibition of unfair labour practice........................................................................................93
25-U. Penalty for committing unfair labour practices........................................................................93
CHAPTER VI.......................................................................................................................................96
PENALTIES ........................................................................................................................................96
26. Penalty for illegal strikes and lock-outs....................................................................................96
27. Penalty for instigation, etc. .....................................................................................................96
28. Penalty for giving financial aid to illegal strikes and lock-outs..................................................96
29. [Penalty for breach of settlement or award.............................................................................96
30. Penalty for disclosing confidential information........................................................................97
30-A. [Penalty for closure without notice .........................................................................................98
31. Penalty for other offences.......................................................................................................98
CHAPTER VII....................................................................................................................................103
MISCELLANEOUS.............................................................................................................................103
32. Offence by companies, etc. ...................................................................................................103
33. [Conditions of service, etc., to remain unchanged under certain circumstances during
pendency of proceedings......................................................................................................103
33-A. [Special provision for adjudication as to whether conditions of service, etc., changed during
pendency of proceedings......................................................................................................104
33-B. [Power to transfer certain proceedings .................................................................................105
33-C. [Recovery of money due from an employer...........................................................................105
34. Cognizance of offences .........................................................................................................108
35. Protection of persons............................................................................................................108
36. [Representation of parties ....................................................................................................109
36-A. [Power to remove difficulties................................................................................................110
36-B. [Power to exempt .................................................................................................................110
37. Protection of action taken under the Act...............................................................................111
5
38. Power to make rules.............................................................................................................111
39. [Delegation of powers...........................................................................................................113
40. [Power to amend Schedules..................................................................................................113
[THE FIRST SCHEDULE .....................................................................................................................114
THE SECOND SCHEDULE..................................................................................................................120
THE THIRD SCHEDULE .....................................................................................................................121
THE FOURTH SCHEDULE..................................................................................................................122
[THE FIFTH SCHEDULE.....................................................................................................................122
6
THE INDUSTRIAL DISPUTES ACT, 1947
[ACT NO. 14 OF 1947]
[11th March 1947]
An Act to make provision for the investigation and settlement of industrial disputes, and for
certain other purposes.
WHEREAS it is expedient to make provision for the investigation and settlement of industrial
disputes, and for certain other purposes hereinafter appearing;
It is hereby enacted as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the Industrial Disputes Act, 1947.
(2) 1
[It extends to the whole of India];
2
[* * * *]
(3) It shall come into force on the first day of April 1947.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context,
(a) "appropriate Government" means,
(i) in relation to any industrial dispute concerning 3
[* * *] any industry carried
on by or under the authority of the Central Government, 4
[* * *] or by
railway company 5
[or concerning any such controlled industry as may be
specified in this behalf by the Central Government] 6
[* * *] or in relation to
an industrial dispute concerning 7
[ 8
[ 9
[ 10[ a Dock Labour Board established
under section 5A of the Dock Workers (Regulation of Employment) Act,
1948 (9 of 1940), or the 11[Industrial Finance Corporation of India
established under section 3 of the Industrial Finance Corporation Act,
1948 (15 of 1948), or the Employees' State Insurance Corporation
established under section 3 of the Employees' State Insurance Act, 1948 (34
of 1948), or the Board of Trustees constituted under section 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), 12[* * *], or the Life Insurance Corporation of India established under
section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 13[the
Oil and Natural Gas Commission established under section 3 of the Oil and
Natural Gas Commission Act, 1959 (43 of 1959)], or the Deposit Insurance
and Credit Guarantee Corporation established under section 3 of the
Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961),
7
or the Central Warehousing Corporation established under section 3 of the
Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India
established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963),
or the Food Corporation of India established under section 3, or a Board
of Management established for two or more contiguous States under
section 16, of the Food Corporations Act, 1964 (37 of 1964), or 14[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 Bank of India Limited], 15[the National Housing
Bank established under section 4 of the National Housing Bank Act, 1987
(53 of 1987), or 16[ 17[an air transport service, or a banking or an insurance
company, a mine, an oil-field] 18[, a Cantonment Board,] or a major port, any
company in which not less than fifty-one per cent of the paid-up share
capital is held by the Central Government, or any corporation, not being a
corporation referred to in this clause, established by or under any law made
by Parliament, or the Central public sector undertaking, subsidiary
companies set up by the principal undertaking and autonomous bodies
owned or controlled by the Central Government, the Central Government,
and]
(ii) 19[in relation to any other industrial dispute, including the State public sector
undertaking and autonomous bodies owned or controlled by the State
Government, the State Government:
Provided that in case of a dispute between a contractor and the contract
labour employed through the contactor in any industrial establishment
where such dispute first arose, the appropriate Government shall be the
Central Government or the State Government, as the case may be, which
has control over such industrial establishment;]
(aa) 20["arbitrator" includes an umpire;]
(aaa) 21[
22[ "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 calendar months or four complete weeks or
twelve full working days, as the case may be, and where such calculation
cannot be made, the average pay shall be calculated as the average of the
wages payable to a workman during the period he actually worked;]
State Amendment--Rajasthan
8
In its application to the State of Rajasthan, after Cl. (aa) (now re-lettered as Cl. (aaa),
insert the following new clauses, namely:
“(aaa) ‘arbitration proceeding’ means,
(i) any proceeding under Chapter III-A of this Act before an arbitrator,
(ii) any proceeding before an Industrial Tribunal in arbitration;
(aaaa) ‘arbitrator’ means an arbitrator to whom a dispute is referred for arbitration
under the provisions of Chapter III-A of this Act and includes an umpire."— Rajasthan
Act 34 of 1958, S. 3 (w.e.f. 1-7-1960).
State Amendment—West Bengal
In its application to the State of Rajasthan, after Cl. (aa) (now re-lettered as Cl. (aaa),
insert the following new clauses, namely:
“(aaa) ‘Authorised Officer’ means Labour commissioner, additional labour
commissioner, Joint Labour Commissioner, Deputy Labour commissioner, Assistant
Labour Comissioner, or such other officers as may be authorised by the state
government by notification in the official gazette- West Bengal Act 17 of 2007,S.3
(b) 23["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 undersection
10A;]
State Amendment—Rajasthan
In its application to the State of Rajasthan, in (b), for the words, figures and letter "under
section 10-A", substitute "under Chapter III-A": Rajasthan Act 34 of 1958, S. 3 (w.e.f. 1-
7-1960).
(bb) 24["banking company" means a banking company as defined in section 5 of the
Banking Companies Act, 1949 (10 of 1949)25, having branches or other establishments
in more than one State, and includes 26[the Export-Import Bank of India,] 27[the
Industrial Reconstruction Bank of India] 28[* * *], 29[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 30[a
corresponding new bank constituted under section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), 31[a corresponding
new bank constituted under section 3 of the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank]] as
defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(c) "Board" means a Board of Conciliation constituted under this Act;
(cc) 32["closure" means the permanent closing down of a place of employment or part
thereof;]
State Amendments—Gujarat
In its application to the State of Gujarat, after Cl. (c), following clause, namely:
9
“(cc) ‘closure’ means the permanent closing down of a place of employment or part
thereof:"—Gujarat Ordinance 6 of 1984 (w.e.f. 7-6-1984) which has been repealed by
Gujarat Act 20 of 1984, S. 4 (w.e.f. 22-10-1984) see S. 4 of Gujarat Act 10 of 1984.
(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) 33["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;]
34[* * *]
State Amendments—Gujarat
In its application to the State of Gujarat, after Cl. (a), insert the following clause, namely:
"(eee) ‘Council’ means a Joint Management Council for any industrial establishment
constituted under section 3-A;"—Gujarat Act 21 of 1972, S. 6 (w.e.f. 20-1-1973).
State Amendments - Rajasthan
In its application to the State of, ‘Rajasthan, after Cl. (eee) (now omitted), insert the
following clause, namely;
"(eeee) 'member' means a person who is an ordinary member of a Union and who has
paid a subscription of not less than four annas per month:
Provided that no person shall at any time be deemed to be member if his subscription
is in arrearsfor a period of three months or more next preceding such time.”—Rajasthan
Act 34 of 1958, S.3 (w.e.f. 1-7-1960).
(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 35[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 by or on behalf of a local authority, the
chief executive officer of that authority;
State Amendment—Rajasthan
In its application to the State of, ‘Rajasthan, in Cl. (g), aftersub-Cl. (ii), insert the following
clause, namely:
“(iii) where the owner of any industry in the course of or for the purpose of conducting
the industry contracts with any person for the execution by or under the contractor of
the whole or any part of any work which is ordinarily a part of the industry, the owner
of the industry, “Rajasthan Act 34 of 1958, S.3 (w.e.f. 1-7-1960).
(gg) 36["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) 37[* * *]
10
(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:
38[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) 39["industry" means any business, trade, undertaking, manufacture or calling of
employers and includes any calling service, employment, handicraft or industrial
occupation or avocation of workmen];
(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) 40[“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, asthe case may
be, unit thereof shall be deemed to be an industrial establishment
or undertaking;]
(kk) 41["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) 42["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)] 43[ 44["Labour Court" means a Labour Court constituted under section 7:]
(kkk) 45["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 ofstocks or
11
the breakdown of machinery 46[or natural calamity or for any other
connected reason] to give employment to a workman whose name is
borne on the muster rolls of his industrial establishment and who has not
been retrenched.
Explanation: Every workman whose name is borne on the muster rolls of the
industrial establishment and who presents himself for work at the
establishment at the time appointed for the purpose during normal working
hours on any day and is not given employment by the employer within two
hours of his so presenting himself shall be deemed to have been laid-off for
that day within the meaning of this clause:
Provided that if the workman, instead of being given employment at the
commencement of any shift for any day is asked to present himself for the
purpose during the second half of the shift for the day and is given
employment then, he shall be deemed to have been laid- off only for onehalf 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;]
State Amendments--Maharashtra
In its application to the State of Maharashtra, in S. 2, Cl. (kkk), after the
words “the break-down of machinery", insert "or on account of
discontinuance or reduction of the supply of power to the industrial
establishment for contravention of any provisions of the Bombay Electricity
(Special Powers) Act, 1946, or of any directions issued thereunder":
Maharashtra Act 22 of 1981, S. 2 (w.e.f. 1-7-1981).
State Amendments - West Bengal
In its application to the State of West Bengal, in the Explanation to Cl. (kkk)
of S. 2, for the words beginning with "Every workman" and ending with "so
n presenting himself", the following shall be substituted, namely:
"No workman whose name is borne on the muster rolls of the industrial
establishment and who presents himself for work at the establishment at
the time appointed for the purpose during normal working hours on any day
and is given employment by the employer can be laid-off for that day but if
any such workman is not given employment by the employer within two
hours of his so presenting himself, he"—W.B. Act 37 of 1974, S. 3 ov.o.t, 26-
8-1974).
(l) "lock-out" means the 47[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;
(l-a) 48["major port" means a major port as defined in clause (8) of section
3 of the Indian Ports Act, 1908 (15 of 1908);
12
(l-b) "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) 49["National Tribunal" means a National Industrial Tribunal constituted
under section 7-B;]
(lll) 50["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 51[or any transport service for the carriage of
passengers or goods by air;]
(ia) 52[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 53[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;
State Amendment---Andhra Pradesh
In its application to the State of Andhra Pradesh,
(a) after sub-Cl. (v) of Cl. (n), insert the following, clause, namely:
“(v-a) any service in hospitals and dispensaries”—A.P. Act 22 of 1968,
S.2 (w.e.f. 30-10-1963).
(b) In sub-Cl. (vi) of Cl. (n), the words “specified in the Schedule” shall be
omitted: Andhra Act 12 of 1949.
(o) "railway company" means a railway company as defined in section 3 of the
Indian Railways Act, 1890 (9 of 1890)54;
13
(oo) 55["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) 56[termination of the service of the workman as a result of the nonrenewal 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;]
State Amendments---Rajasthan
In its application to the State of Rajasthan, after Cl. (oo), insert the following
clauses, namely:
(ooo) ‘Registrar’ means the person for the time being appointed to be the
Registrar of Unions under this Act and includes, in respect of such powers
and duties of the Registrar as may be conferred and imposed on him, an
Assistant Registrar of Unions;
(oooo) ‘Representative Union’ means a Union for the time being registered
as a Representative Union under this Act. ---Rajasthan Act 24 of 1958, S. 3
(w.e.f. 1-7-1960).
State Amendments West Bengal
In its application to the State of West Bengal, in S. 2, in Cl. (oo),
(a)
(i) Afterthe words “termination by the employer” insert “by notice
or otherwise”;
(ii) Sub-cl. (c) shall be omitted—W.B. Act 57 of 1980, S.3.
(b) Cl. (oo) shall be renumbered as Cl. (ooo) and before Cl. (ooo) so
renumbered, insert the following clause, namely;
(oo) ‘Recovery Officer’ means any officer of the State Government
who may be authorised by the State Government, by notification in
14
the Official Gazette, to exercise the power of the Recovery Officer
under this Act.”—West Bengal Act 17 of 2007, S.3.
(p) 57["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 58[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) 59["trade union" means a trade union registered under the Trade Unions Act,
1926 (16 of 1926);]
(r) 60["Tribunal” means an Industrial Tribunal constituted under section 7A and
includes an Industrial Tribunal constituted before the 10th day of March
1957, under this Act;]
(ra) 61["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) 62["wages" means all remuneration capable of being expressed in terms of
money, which would, if the terms of employment, expressed or implied,
were fulfilled, be payable to a workman in respect of his employment or of
work done in such employment, and includes;
(i) such allowances (including dearness allowance) as the workman is for
the time being entitled to;
(ii) the value of any house accommodation, or of supply of light, water,
medical attendance or other amenity or of any service or of any
concessional supply of food-grains or other articles;
(iii) any travelling concession;
(iv) 63[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;]
State Amendment---Rajasthan
15
In its application to the State of Rajasthan, after Cl. (rr), insert the following
clause, namely:
“(rrr) ‘Union means a Trade Union of employees registered under the Indian
Trade Unions Act, 1926 (Central Act 16 of 1926).” ---Rajasthan Act 34 of
1958, S.3 (w.e.f. 1-7-1960).
(s) 64["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 65[ten thousand 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.
State Amendments---Gujarat
In its application to the State of Gujarat, in S. 2, Cl. (s), sub-Cl. (iv), for "five
hundred", substitute "one thousand six hundred”. —Gujarat Act 22 of 1981, S. 4
(w.e.f. 1-8-1981).
State Amendments - Rajasthan
In its application to the State of Rajasthan, in Cl. (s), after the words "employed in
any industry", insert "by an employer or by a contractor in relation to the
execution of his contract with such employer”. —Rajasthan Act 34 of 1958, S. 3
(w.e.f. 1-7-1960).
State Amendments - Maharashtra
ln its application to the State of Maharashtra, in sub-Cl. (iv) of Cl. (s) of S. 2, for the
words "one thousand six hundred rupees", substitute "six thousand five hundred
rupees”. —Maharashtra Act 23 of 2006, S. 2.
State Amendments - West Bengal
In its application to the State of West Bengal, — (i) in sub-CI. (iv) of CI. (s) of S. 2,
for the words "five hundred", substitute "one thousand “. ---W.B. Act 30 of 1980,
16
S. 3 (yet to be enforced). (ii) in CI. (5), after the words "orsupervisory work", insert
"or any work for the promotion of sales,”. —W.B. 'Act 33 of 1986, S. 53.
2-A. 66[Dismissal, etc., of an individual workman to be deemed to be an industrial dispute
(1) 67[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.]
(2) 68[Notwithstanding anything contained in section 10, any such workman as is
specified in sub-section (1) may, make an application direct to the Labour Court or
Tribunal for adjudication of the dispute referred to therein after the expiry of
forty-five days from the date he has made the application to the Conciliation
Officer of the appropriate Government for conciliation of the dispute, and in
receipt of such application the Labour Court or Tribunal shall securing am have
powers and jurisdiction to adjudicate upon the dispute, as dispute referred to it
by the appropriate Government in accordance provisions of this Act and all the
provisions of this Act shall apply in relation to such adjudication as they apply in
relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or
Tribunal before the expiry of three years from the date of discharge, dismissal,
retrenchment or otherwise termination of service as Government specified in subsection (1).]
State Amendment---Andhra Pradesh
In its application to the State of Andhra Pradesh, S. 2-A shall be renumbered as
sub-S. (1) thereof and after sub-section, as so re-numbered, insert the following
sub-section, namely;
“(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 asthey apply in relation to any other
industrial dispute."—A.P. Act 32 of 1987, S. 2 (w.e.f. 27-7-1987).
State Amendment---Tamil Nadu
In its application to the State of Tamil Nadu, S. 2-A shall be renumbered as sub-S.
(1) thereof and after sub-section, as so renumbered; insert the following subsection shall be inserted, namely:
"(2) Where no settlement is arrived at in the course of any conciliation proceeding
taken under this Act in regard to an industrial dispuote referred to in sub-section
(1),the aggrieved individual workman may apply, in the prescribed manner, to the
17
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 if 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.". —TN.
Act 5 of 1988, S. 2 (w.e.f. 1-11-1988).
State Amendment---West Bengal
In its application to the State of West Bengal, in S. 2A,
(a) after the words "dismisses, retrenches", insert "refuses employment";
(b) after the words "dismissal, retrenchment", insert "refusal of employment”. —
W.B. Act 33 of 1989, S. 3.
State Amendment – Madhya Pradesh
(i) In Section 2-A, in sub-section (3), for the words ‘’ the Labour Court or
Tribunal’’, the words ‘’ the Labour Court or tribunal or Conciliation Officer’’
shall be substituted;
(3) The application referred to in sub-section (2) shall be made to the 69[Labour
Court or Tribunal or Conciliation officer] before the expiry of three years from
the date of discharge, dismissal, retrenchment or otherwise termination of
service as Government specified in sub-section (1).]
State Amendment – Goa
(i) in sub-section (3), for the words “three years”, the words “one year” shall be
substituted;
(3) The application referred to in sub-section (2) shall be made to the Labour
Court or Tribunal before the expiry of 70[one year] from the date of
discharge, dismissal, retrenchment or otherwise termination ofservice as
Government specified in sub-section (1).
(ii) after sub-section (3), the following sub-section shall be inserted, namely:
(4) 71[Notwithstanding anything contained in sub-sections (1), (2) and (3), no
such 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 ifsuch dispute
is not raised before conciliation officer within a period of one year from
the date of such discharge, dismissal, retrenchment or termination:
Provided that an authority as may be specified by the State Government
may condone the delay beyond such period of one year if the applicant
workman satisfies the authority that he had sufficient cause for not
raising the dispute within the period of one year.]
STATE AMENDMENT - PUNJAB
In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act),
in its application to the State of Punjab, in section 2A, after sub-section (3), the
following sub-section (4) shall be added, namely:
18
(4) 72[Notwithstanding anything contained in sub-sections (1), (2) and (3), no
such 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 ifsuch dispute is not
raised in conciliation proceeding within a period of three yearsfrom the date
of such discharge, dismissal, retrenchment or termination:
Provided that an authority, as may be specified by the State Government,
may consider to extend the said period of three years when the applicant
workman satisfies the authority that he had sufficient cause for not raising
the dispute within the period of three years.]
STATE AMENDMENT – TRIPURA
In Section 2A of the ‘Principal Act’),-
(i) in sub-section (3), the expression “three years’ shall be substituted with the expression
“one year”.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or
Tribunal before the expiry of 73[one years] from the date of discharge, dismissal,
retrenchment or otherwise termination of service as Government specified in subsection (1).]
(ii) aftersub-section (3), the following new sub-section shall be inserted, namely :
(4) 74[Notwithstanding anything contained in subsection (1), (2) and (3), no such
dispute or difference between that workmen and his employer connected with, or
arising out of, such discharge, dismissal, retrenchment or termination shall he
deemed to be an industrial dispute if such dispute is not raised before conciliation
officer Within a period of one year from the date of such discharge dismissal,
retrenchment or termination:
Provided that an authority as may be specified by the State Government may
condone the delay beyond such period of one year if the applicant workman
satisfiesthe authority that he had sufficient cause for not raising the dispute within
the period of one year.]
STATE AMENDMENT – JAMMU AND KASHMIR
In Section 2A, in sub-section (3), for – “three years”,substitute – “one year”.
(1) The application referred to in sub-section (2) shall be made to the Labour Court or
Tribunal before the expiry of 75[one years] from the date of discharge, dismissal,
retrenchment or otherwise termination of service as Government specified in subsection (1).]
CHAPTER II
AUTHORITIES UNDER THIS ACT
3. Works Committee
(1) In the case of any industrial establishment in which one hundred or more
workmen are employed or have been employed on any day in the preceding
twelve months, the appropriate Government may by general or special order
19
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) Itshall be the duty of the Works Committee to promote measuresforsecuring 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.
State Amendments---Gujarat
In its application to the State of Gujarat, after S. 3, insert the following new
sections, namely:
"3-A. Joint Management Council
(1) If in respect of any industry, in relation to the industrial dispute in which the
appropriate Government is the State Government, the State Government is
of opinion that it is desirable in public interest to take action under this
section, it may, in the case of all industrial establishments or any class of
industrial establishments in such industry, in which five hundred or more
workmen are employed or have been employed on any day in the preceding
twelve months, by general or special order, require the employer to
constitute in the prescribed manner and within the prescribe time limit a
Joint Management Council consisting ofsuch number of members as may be
prescribed, comprised of representatives of employers and workmen
engaged in the establishment, so however that the number of
representatives of workmen on the Councilshall not be lessthan the number
of representatives of the employers. The representatives of the workmen on
the Council shall be elected in the prescribed manner by the workmen
engaged in the establishment from amongst themselves:
Provided that a list of industries in respect of which no order is issued under
this sub-section shall be laid by the State Government before the State
Legislature within thirty days from the commencement of its first Session of
each year.
(2) One of the members of the Council shall be appointed as Chairman in
accordance with rules made in this behalf.
3-B. Functions of the Council
(1) The Council shall be charged with the general duty to promote and
assist in the management of the industrial establishment in a more
efficient, orderly and economical manner, and for that purpose and
without prejudice to the generality of the foregoing provision, it shall
be the duty of the Council,
20
(a) to promote cordial relations between the employer and
employees;
(b) to build up understanding and trust between them;
(c) to promote measures which lead to substantial increase in
productivity;
(d) to secure better administration of welfare measures and
adequate safety
(e) to train the employees in understanding the responsibilities of
management of the undertaking and in sharing such
responsibilities to the extent considered feasible; and
(f) to do such other things as may be prescribed.
(2) The Council shall be consulted by the employer on all matters relating
to the management of the industrial establishment specified in subsection (1) and it shall be the duty of the Council to advise the
employer on any matter so referred to it.
(3) The Council shall be entrusted by the employer with such
administrative functions appearing to be connected with, or relevant
to, the discharge by the Council of its duties under this section as may
be prescribed.
(4) It shall be the duty of the employer to furnish to the Council necessary
information relating to such matters as may be prescribed for the
purpose of enabling it to discharge its duties under this Act.
(5) The Council shall follow such procedure in the discharge of its duties
as may be prescribed,"—Gujarat Act 21 of 1972, S. 7 (w.e.f. 20-1-
1973).
State Amendment---Maharashtra
In its application to State of Maharashtra, in S. 3, to sub-S. (1), add the following
proviso, namely:
“Provided that, where there is a recognised union for any undertaking under any
law for the time being in force, then the recognised union shall appoint its
nominees to represent the workmen who are engaged in such undertaking.
Explanation: In the proviso to sub-section (1), the expression ‘undertaking includes
an establishment: Maharashtra Act 1 of 1972, S.20(w.e.f. 8-9-1975).
State Amendment---Rajasthan
ln its application to the State of Rajasthan, after S. 3, insert the following, S. new
section, namely:
"3-A. Registrar and Assistant Registrar
(1) The State Government shall, by notification in the Official Gazette, appoint
a person to be the Registrar of Unions for the it purposes of this Act for the
whole of the State.
21
(2) The State Government may, by similar notification, appoint a person to be
the Assistant Registrar of Unions for any local area and may, by general or
special order, confer on such person all or any of the powers of the Registrar
of Unions under this Act."— Rajasthan Act 34 of 1958, S. 4 (w.e.f. 1-7-1960).
4. Conciliation officers
(1) The appropriate Government may, by notification in the Official Gazette, appoint
such number of persons as it thinks fit, to be conciliation officers, charged with the
duty of mediating in and promoting the settlement of industrial disputes.
(2) A conciliation officer may be appointed for a specified area or for specified
industries in a specified area or for one or more specified industries and either
permanently or for a limited period.
5. Boards of Conciliation
(1) The appropriate Government may as occasion arises by notification in the Official
Gazette constitute a Board of Conciliation for promoting the settlement of an
industrial dispute.
(2) A Board shall consist of a chairman and two or four other members, as the
appropriate Government thinks fit.
(3) The chairman shall be an independent person and the other members shall be
persons appointed in equal numbers to represent the parties to the dispute and
any person appointed to represent a party shall be appointed on the
recommendation of that party:
Provided that, if any party fails to make a recommendation as aforesaid within the
prescribed time, the appropriate Government shall appoint such persons as it
thinks fit to represent that party.
(4) A Board, having the prescribed quorum, may act notwithstanding the absence
of the chairman or any of its members or any vacancy in its number:
Provided that if the appropriate Government notifies the Board that the services
of the chairman or of any other member have ceased to be available, the Board
shall not act until a new chairman or member, as the case may be, has been
appointed.
6. Courts of Inquiry
(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 ofsuch 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:
22
Provided that, if the appropriate Government notifies the Court that the services
of the chairman have ceased to be available, the Court shall not act until a new
chairman has been appointed.
7. 76[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 asthe presiding officer of a Labour
Court, unless;
(a) 77[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) 78[* * *]]
(d) 79[he has held any judicial office in India for not less than seven years; or
(e) 80[he has been the presiding officer of a Labour Court constituted under any
Provincial Act or State Act for not less than five years.
(f) 81[he is or has been a Deputy Chief Labour Commissioner (Central) or Joint
Commissioner of the State Labour Department, having a degree in law and
at least seven years’ experience in the Labour department including three
years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour
Commissioner shall be appointed unless he resigns from the service of the
Central Government orthe State Government before being appointed asthe
presiding officer; or
(g) he is an officer of Indian Legal Service in Grade III with three years’
experience in the grade.]
State Amendments---Andaman and Nicobar Islands
In its application to the Union territory of Andaman and Nicobar, in Cl. (a) [now relettered as Cl. (d)1., for "seven-year substitute "three years”. —Regulation 6 of
1964, S. 2 (w.e.f. 29-4-1964).
State Amendments---Goa
In its application to the State of Goa, S 7 sub-S. (3), after CI. (d), insert the m
allowing clauses, namely:
(d-1) he has practised as an advocate or attorney for not less than seven years in
a High Court or in two or more such Courtsin succession, or any Courtsubordinate
thereto, or any Industrial Court or Tribunal or Labour Court constituted under any
law for the time ring in force; or
23
(d-2) he holds a degree in law of a university established hi law in arty part of India
or re equivalent degree and is holding or has held an office not loin rank than that
of Deputy Registrar of an Industrial Court or Tribunal or Labour Court constituted
under vie for the time being in force for not less than five years; or
(d-3) he holds a degree in law of a university established by law in any part of India
or an equivalent degree and is holding or has held an office not lower in rank than
that of Deputy Commissioner of Labour under a State Government or a Union
territory administration for not less than five years; or”—Goa Act 5 of 1987, S. 2
(w.e.f. 21-10-1987).
State Amendments---Gujarat
ln its application to the State of Gujarat, in S. 7, sub-S. (3),
(i) in Cl. (b), after the words "Additional District Judge, insert or joint Judge or
an Assistant Judge;
(ii) in Cl. (d), for the words “seven years” substitute “five years”;
(iii) in Cl. (e), for the words "five years",substitute "three years" and add “or” at
the end;
(iv) after Cl.(e) add the following clause, namely:
“(f) he has practiced 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 forthe time
being in force.”—Gujarat Act 28 of 1977, S.2 (w.e.f 13-10-1977).
State Amendments---Haryana
In its application to the State of Haryana,
(i) in sub-S. (3), for Cl. (h), substitute the following clause, namely:
“(b) he is qualified for appointment as is or has been, a District Additional
District Judge or; and"—Haryana Act 39 of 1976, S. 2 (w.e.f. 12-8-1976).
(ii) after Cl. (c), insert the following clause, 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 39 of 1979, S. 2 (w.e.f. 12-8-1976).
State Amendments--- Maharashtra
In its application to the State of Maharashtra,
(i) in S. 7(3), after Cl. (d), insert the following clauses, namely:
“(d-1) he has practised as an advocate or attorney for not less than seven
yearsin High Court, or any Courtsubordinate thereto, or any Industrial Court
24
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 them that of
Deputy Registrar of any such Industrial Court or Tribunal for not less than
five years; or."-Maharashtra Act 56 of 1974, S. 2.
(ii) after clause (d-2), insert the following clause, namely:
“(d-3) he holds a degree in law of a university established by law in any part
(or Joint India and is holding or has held an office not lower than that of
Assistant Commissioner of Labour under the State Government for not less
than five years; or."—Maharashtra Act 22 of 1976, S. 2 (w.e.f. 27-5-1976).
State Amendments---Madhya Pradesh
In its application to the State of Madhya Pradesh, after sub-S. (1), insert the
following sub-section, namely:
"(1-A) In addition to the functions specified in sub-section (1), the labour Court
shall try offences punishable, under this Act specified the Acts specified in Part B
of the Second Schedule. --M.P. Act 43 of 1981, S. 3 (w.e.f. 26-1-1982).
State Amendments---Punjab, Haryana and Chandigarh
In its application to the States of Punjab and Haryana and Union Territory of
Chandigarh,
At the end of Cl. (6) of sub-S. (3), add the word "or" and the following new clauses
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 8
of 1957, S. 2 (w.e.f. 3-6-1957) and Central Act 31 of 1966, S.88 (w.e.f. 1-11-1966).
State Amendments---Uttar Pradesh
In its application to the State of Uttar Pradesh,
(i) aftersub-S. (3), add the following sub-section, namely:
“(3-A) In relation to industrial disputes other than that referred to in subclause (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 effects as if,
(a) after clause (c),the following new clauses(d) and (e) have been added,
“(d) is or has been a Magistrate of the class for period exceeding two
years;
(e) is a person possessing more than two years' practical experience of
adjudicating or setting industrial disputes";
25
(ii) in the proviso after the words "clause (b)", add "or clause (d) or clause (e)"-
-U.P. Act of 1951, S. 2 (w.e.f. 26-6-1951).
State Amendments---West Bengal
In its application to the State of West Bengal,
(i) for Cl. (b), substitute the following clause, namely:
“(b) he is, or has been a District Judge or an Additional District Judge; or."—
W.B. Act 35 of 1989, S. 3 (w.e.f. 22-1-1990).
(ii)
7-A. Tribunals
(1) for Cl. (e),substitute the following clause, namely:
(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; or";
(2) after CL (e), insert the following clauses, namely:
(f) he has practiced as an advocate for not less than seven years in
a High Court or in any Court subordinate thereto or in any
Industrial Court of Industrial Tribunal or Labour Court
constituted under any law for the time being in force and is
selected by the State Public Service Commission; or
(g) 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 below the
rank of Deputy Labour Commissioner under the State
Government for not less than three years and is selected by the
State Public Service Commission."—W.B. Act 26 of 2008, S. 3.
(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 82[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) 83[he has, for a period of not less than three years, been a District Judge or
an Additional District Judge; 84[*]].
(b) 85[he is or has been a Deputy Chief Labour Commissioner (Central) or joint
Commissioner of the State Labour Department having a degree in taw and
at least seven years ‘experience in the labour department including three
Years of experience as Conciliation Officer:
26
Provided that no such Deputy Chief Labour Commissioner or Joint Labour
Commissioner shall be appointed unless he resigns from the service of the
Central Government or State Government, as the case may be, before being
appointed as the presiding officer; or
(c) he is an officer of Indian Legal Service in Grade III with three years’
experience in the grade.]
(4) The appropriate Government may, if it so thinks fit, appoint two persons as
assessors to advise the Tribunal in the proceeding before it.
State Amendments---Andaman and Nicobar Islands
In its application to the Union territory of Andaman and Nicobar, for Cl. (aa) of sub-S. (3)
of S. 7-A, substitute the following clause, namely:
“(aa) he is, or has been, or is qualified to be, a District Judge or an Additional District
Judge”. —Regulation 1 of 1985.
State Amendments---Assam
In its application to the State of Assam, after Cl. (a) of sub-S. (3) of S. 7-A, insert the
following clause, namely:
“(aa) he has worked as a District Judge or as an Additional District Judge or as both for a
total period of not less than three years or is qualified for appointment as a Judge of
High Court:
Provided that the appointment to a Tribunal of any person qualified under this clause
shall not be made without consultation with the Assam High Court; or—Assam Act (8 of
1962, S. 2 (w.e.t. 30-4-1962).
State Amendments---Bihar
In its application to the State of Bihar, after Cl. (a) of sub-S. (3) of S. 7-A, insert the
following clause, namely:
"(aa) he has worked as a District Judge or as an Additional District Judge or as both a
total period of not less than three years:
Provided that the appointment to a Tribunal of any person qualified undershall be made
in consultation with the High Court of the State in which the Tribunal has or is intended
to have, its usual place of sitting; or."—Bihar Act 20 of 1959, S.2 (w.e.f. 7-7-1959).
State Amendments--- Gujarat
In its application to the State of Gujarat, in S. 7-A, sub-S. (3),
(i) in Cl. (aa), after the words "art Additional District Judge”, insert 'or a Joint Judge or
Assistant Judge";
(ii) in Cl. (b), add the word "or" at the end;
(iii) after Cl. (b), add the following clause, namely:
“(c) he has for the less than five years been the presiding officer of a Labour constituted
under any law for the time being in force.” ---Gujarat Act 28 of1977, S. 3 (yet be
enforced).
27
(iv) after Cl. (c), add the following clause, 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
Labour under the State Government for not less than ten years, ---Gujarat Act 22 of
1981, S. 5 (w.e.f. 1-8-1981).
State Amendments---Goa
In its application to the State of Goa, in S. 7-A, sub-S. (3), for Cl. (aa), substitute the
following clauses, namely:
"(b) he is, or has been, a District Judge; or
(c) he has, for a period of not less than three years, been an Additional District or an
Additional District Judge; or";
(d) he is qualified for appointment as a Judge of the High Court."—Goa Act 5 of ]9g7: S.
3 (w.e.f. 21-10-1987).
State Amendments---Haryana
In its application to the State of Haryana, in sub-S. (3), S. 7-A,
(i) after Cl. (aa), substitute the following clause, namely:
“(aa) he is qualified for appointment as, is or has been a District Judge or an Additional
District Judge; or”; and
(ii) after Cl. (aa), insert the following clause, namely:
“(aaa) he has been a Commissioner of a division or an Administrative Secretary
Government or an officer of the Labour Department not below the rank of a Joint Lao
Commissioner for a period of not less than two years; or." Haryana Act 39 of 1976, S.
(w.e.f. 12-8-1976).
State Amendments---Kerala
In its application to the State of Kerala, in sub-S. (3), for Cl. (a), substitute the following
clause, 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 28 of 1961, S.2
(w.e.f. 27-7-1961).
State Amendments--Madhya Pradesh
In its application to the State of Madhya Pradesh, in S. 7-A, for sub-S. (3), substitute the
following sub-section, namely:
"(3) A person shall not be qualified for appointment as the presiding officer of 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
28
(d) he has worked as a 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 3 years; or
(f) he has worked as a member of the Industrial Court constituted undersection 9 of the
Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960) for a period of not less than
five years." M.P. Act 19 of 1988, S. 3 (w.e.f. 15-1-1989).
State Amendments-Maharashtra
In its application to the State of Maharashtra, in sub-S. (3) of S. 7-A,
(i) in Cl. (a), after the words "Judge of the High Court", insert "or a District Judge or a
person qualified for appointment as a judge of a High Court", insert “or a District Judge
or a person qualified for appointment as a of a High Court”. —Maharashtra Act 2 of
1963, S. 2 (w.e.f. 4-1-1963).
(ii) in Cl. (aa), for the words "an Additional District Judge", substitute” an Additional
District Judge or an Assistant Judge; or".
(iii) after Cl. (b), insert the following clause, namely:
"(c) he has for not less than five years been a; presiding officer of a Labour Court,
constituted under any law for the time being in force."--Maharashtra Act 56 of 1974, S.
3.
(iv) after Cl. (c), insert the following clause, 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
22 of 1976, S. 3.
State Amendments- Mysore Karnataka
In its application to the State of Mysore (Karnataka),
(1) after Cl. (a) ofsub-S. (3) insert the following clause, namely:
“(aa) he has, or has been, a District Judge; or"—Mysore Act 6 of 1963, S. 2 (w.e.f. 31-1-
1963).
(2) in Cl. (aa), asinserted by Mysore Act 6 of 1963, afterthe words "District Judge", insert
"for a period of not less than three years."—Mysore Act 25 of 1963, S. 2 (w.e.f. 12-12-
1963).
State Amendments-Orissa
In its application to the State of Orissa, after Cl. (n) of sub-S. (3) of S. 7-A, insert the
following clause, namely:
“(aa) he has been a member of the Orissa Superior Judicial Service for a period of not
less than seven years."—Orissa Act 6 of 1960; S. 2 (w.e.f. 17-2-1960).
State Amendments-West Bengal
In its application to the State of West Bengal, in sub-S. (3) of S. 7-A,
29
(i) in. Cl. (a), after the words "High Court", insert "or a District Judge or an Additional
District Judge”. —W.B. Act 17 of 1958, S. 3 (w.e.f. 22-9-1958).
(ii)(1) for Cl. (aa),substitute the following clause, namely:
"(aa) he has, for the period of not less than three years, been a District Judge or an
Additional District Judge; or;";
(2) after Cl. (aa), insert the following clauses, namely:
"(aaa) he has' practiced as an advocate for not less than ten years in a High Court or in
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 and is selected by the State
Public Service Commission; or
(aaaa) he holds a degree in law of a University established by law in any part of India and
holding or has held an office not below the rank of Joint Labour Commissioner for not
less than three years and is selected by the State Public Service Commission." W.B. Act
26 of 2008, S. 4.
7-B. 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 establishment situated
in more than one State are likely to be interested in, or affected by,such disputes.
(2) A National Tribunalshall 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 86[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.
7-C. 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.]
State Amendments---Assam
In its application to the State of Assam, to Cl. (b) of S. 7-C, add the following proviso,
namely:
"Provided that where such presiding officer of a Tribunal appointed by the State
Government attainsthe age ofsixty-five years before the 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
30
months for completion of the proceedings."—Assam Act 3 of 1962, S. 3 (w.e.f. 30-4-
1962).
State Amendments---Madhya Pradesh
In its application to the State of Madhya Pradesh, to Cl. (b) of S. 7-C, add the following
proviso, namely:
"Provided that a person appointed to the office of the Presiding Officer of a Tribunal
may continue in such office till he attainsthe age of sixty-seven years. M.P. Act 3 of 2007,
S. 3.
State Amendments---Punjab, Haryana and Chandigarh
In its application to the States of Punjab and Haryana and the Union territory of
Chandigarh, for Cl. (b), substitute the following clause, namely:
"(b) he has attained the age of sixty-seven years." Punjab Act 8 of 1957, S. 3 (w.e.f. 3-6-
1957) and Central Act 31 of 1966, S. 88.
State Amendments---West Bengal
(i) Same as that of Assam. --W.B. Act 11 of 1959, S. 3 (w.e.f. 27-10-1959).
(ii) after the proviso, add the following proviso, namely:
"Provided further that the age of superannuation and the conditions of the service of
the Presiding Officer of a Labour Court appointed under clauses (f) and (g) ofsub-section
(3) of section 7 and of the Presiding Officers of a Tribunal appointed under clauses (aaa)
and (aaaa) of sub-section (3) of section 7-A shall be such as may be prescribed." W.B.
Act 26 of 200$, S. 5.
Section 7-D
State Amendments---Gujarat
In its application to the State ofGujarat, after S. 7-C, insertthe following section, namely:
"7-D. Certain District Judges qualified for appointment on Tribunal constituted by State
Government. —Notwithstanding anything contained in sub-section (1) of section 7-A
(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 7-A, 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 an Additional or Joint District Judge and notwithstanding anything
contained in sub-section (3) of section 7-A but subject to section 7-C, 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 I sigh Court. —Gujarat Act 22 of 1962, S. 2 (w.e.f. 9-8-1962).
8. 87[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
31
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.
9. Finality of orders constituting Boards, etc.
(1) No order of the appropriate Government or of the Central Government appointing
any person as the chairman or any other member of a Board or Court or as the
presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in
question in any manner; and no act or proceeding before any Board or Court shall
be called in question in any manner on the ground merely of the existence of any
vacancy in, or defect in the constitution of,such Board or Court.
(2) No settlement arrived at in the course of a conciliation proceeding shall be invalid
by reason only of the fact that such settlement was arrived at after the expiry of
the period referred to in sub-section (6) of section 12 or sub-section (5) of section
13, as the case may be.
(3) Where the report of any settlement arrived at in the course of conciliation
proceeding before a Board is signed by the chairman and all the other members
of the Board, no such settlement shall be invalid by reason only of the casual or
unforeseen absence of any of the members (including the chairman) of the Board
during any stage of the proceeding.]
88[CHAPTER II-A
NOTICE OF CHANGE
9-A. Notice of change
No employer, who proposes to effect any change in the conditions of service applicable
to any workman in respect of any matter specified in the Fourth Schedule, shall effect
such change,
(a) without giving to the workmen likely to be affected by such change a notice in the
prescribed manner of the nature of the change proposed to be effected; or
(b) within twenty-one days of giving such notice:
Provided that no notice shall be required for effecting any such change,
(a) where the change is effected in pursuance of any 89[settlement or award];
or
(b) where the workmen likely to be affected by the change are persons to
whom the Fundamental and Supplementary Rules, Civil Services
(Classification, Control and Appeal) Rules, Civil Services (Temporary
Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in
Defence Services (Classification, Control and Appeal) Rules or the Indian
Railway Establishment Code or any other rules or regulations that may be
notified in this behalf by the appropriate Government in the Official
Gazette, apply.
32
State Amendments---Andhra Pradesh
In its application to the State of Andhra Pradesh, in Cl. (b), for the words "within twentyone days", substitute "within forty-two days”. —A.P. Act 32 of 1987, S. 3 (w.e.f. 27-7-
1987).
State Amendments -Maharashtra
In its application to the State of Maharashtra, in S. 9-A in the proviso,
(a) in Cl. (b), the word"; or" shall be added at the end;
(b) after Cl. (b), the following clause shall be added, namely:
"(c) where the change is effected due to updating or replacing of the existing machinery,
computerisation or increase in the immovable property and increase in production and
that,
(i) such change shall not effect the total wages of the workmen and their hours of work;
and
(ii) the employer provides all the legitimate and required facilities such as trainings, etc.,
to the workmen to acquire the skill of new job”. —Maharashtra Act 23 of 2006, S.3.
State Amendments -West Bengal
In its application to. the State of West Bengal, in Cl. (b) of S. 9-A, for the S. 3. words
"within twenty-one days `,substitute, "within forty-two days". W.B Act 57 of 1980, S. 4.
S. 9-A is applicable to educational institutions established and administered by,
minorities which are protected by Cl. (1) of Art. 30 of the Constitution: C.M.C.H.,
Employees Union v. C.M. College, Vellore Assocn. A.I.R. 1988 S.C. 37.
Retrenchment of a workman does not amount to a change in the conditions of his
service; it fails under item 10 of the Third Schedule and not under any item of the Fourth
Schedule; S. 9-A is, thus, not attracted in cases of retrenchment: Khotton V. Mohd.
Yamin A.I.R. 1982 S.C. 853.
Effect of non-compliance of S. 9-A of the industrial Disputes Act renders the change in
conditions of service void ab initio: Lokmat Newspapers Pvt. Lid. v. Shankarprasad 1999
S.C. 2423: (1999) 6 S.C.C. 275.
9-B. 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.
33
90[CHAPTER II-B
GRIEVANCE REDRESSAL MACHINERY
9-C. Setting up of Grievance Redressal Machinery
(1) Every industrial establishment employing twenty or more workmen shall have one
or more Grievance Redressal Committee for the resolution of disputes arising out
of individual grievances.
(2) The Grievance Redressal Committee shall consist of equal number of members
from the employer and the workmen.
(3) The chairperson of the Grievance Redressal Committee shall be selected from the
employer and from among the workmen alternatively on rotation basis every year.
(4) The total number of members of the Grievance Redressal Committee shall not
exceed more than six:
Provided that there shall be, as far as practicable, one-woman member if the
Grievance Redressal Committee has two members and in case the number of
members are more than two, the number of women members may be increased
proportionately.
(5) Notwithstanding anything-contained in this section, Grievance Redressal
Committee shall not affect the right of the workman to raise industrial dispute on
the same matter under the provisions of this Act.
(6) The Grievance Redressal Committee may complete its proceedings within thirty
days on receipt of a written application by or on behalf of the aggrieved party.
(7) The workman who is aggrieved of the decision of the Grievance Redressal
Committee may refer an appeal to the employer against the decision of Grievance
Redressal month from the date of receipt ofsuch appeal, dispose off the same and
send a copy of his decision to the workman concerned.
(8) Nothing contained this section shall apply to the workmen for whom there an
established Grievance Redressal Mechanism in the establishment concerned.]
State Amendment—Rajasthan
In its application to the State of Rajasthan, after S. 9-B, insert the following new Chapter,
namely:
CHAPTER II-B
REGISTRATION OF UNIONS
9-C. Maintenance of register
It shall be the duty of the Registrar to maintain in such form as may be prescribed a
register of Unions registered by him under the provisions of this Act.
9-D. Application for registration
Any Union which has for the whole of the period of [at immediately preceding the
calendar month in which it so applies] under this section a membership cent of the total
34
number of workmen employed in unit of an industry may apply prescribed form to the
Registrar for registration as a representative Union.
9-E. Registration of Union
(1) On receipt of an application from a Union for registration under section 9-D and
on payment of the fee prescribed, the Registrar shall, if, after holding such inquiry
as he deems fit, he comes to the conclusion that the conditions requisite for
registration specified in the said section are satisfied and that the Union is not
otherwise disqualified for registration, enter the name of the Union in the
appropriate register maintained under section 9-C and issue a certificate of
registration in such form as may be prescribed:
Provided that,
(i) where two or more Unions fulfilling the conditions necessary for registration
under this Act apply for registration in respect of the same unit of an
industry, the Union having the largest membership of employees employed
in the unit of the industry shall be registered; and
(ii) the Registrarshall not register any Union if he issatisfied that the application
for its registration is not made bona fide in the interest of the workmen but
is made in the interest of the employers to the prejudice of the interest of
the workmen.
(2) Once a Union has been registered as a representative Union under the Act, the
registration of the Union shall be held valid for a period of two yearsfrom the date
of its registration and shall continue to hold valid unless the registration is
cancelled under section 9-F of this Act or another Union is registered in its place
according to section 9-G of this Act.]
9-F. Cancellation of registration
The Registrar shall cancel the registration of a Union,
(a) if, after holding such inquiry, if any, as he deems fit, he is satisfied;
(i) that it was registered under mistake, misrepresentation or fraud; or
(ii) that the membership of the Union has, for a continuous period of three
months, [at any time after two years from the date of its registration,] fallen
below the minimum required under section 9-D for its registration:
Provided that where a strike or a closure not being an illegalstrike or closure under
this Act in a unit of industry involving more than one-third of the workmen in the
unit of the industry has extended to a period exceeding fourteen days in any
calendar month, such month shall be excluded in computing the said period of
three months:
Provided further that the registration of a Union shall not be cancelled under the
provisions of this sub-clause unless its membership at the time of the cancellation
is less than such minimum; or
(iii) that the registered union is being conducted not bona fide in the interests
of workmen but in the interests of employers to the prejudice of the
interests of workmen; or
35
(iv) that it has instigated, aided or assisted the commencement or continuance
of an illegal strike;
(b) if its registration under the Indian Trade Unions Act, 1926, is cancelled.
9-G. Registration of another Union in place of existing registered Union
(1) If [* * *] any Union (hereinafter in this section referred to as "applicant Union")
makes an application to the Registrar for being registered in place of the Union
(hereinafter in this section referred to as "representative Union ') for a unit of an
industry [at any time after a lapse of two yearsfrom the date of registration of the
representative Union] on the ground that it has a larger membership of workmen
employed in such unit of the industry, the Registrar shall call upon the
representative Union by a notice in writing to show cause within one month of the
receipt ofsuch notice why the applicant union should not be registered in its place.
An application made under this sub-section shall be accompanied 1py such fee as
may be prescribed.
(2) The Registrar shall forward to the Labour Commissioner of the State Government
a copy of the said application and notice.
(3) If, on the expiry of the period of notice under sub-section (1) and after holding
such inquiry as he deems fit, the Registrar comes to the conclusion that the
applicant Union complies with the conditions necessary for registration specified
in section 9-D and that its membership was during the whole of the period of [at
least three months during the period of six months immediately preceding the
calendar month in which it so applies] under this section larger than the
membership of the representative Union, he shall, subject to the provisions of
section 9-D, register the applicant Union in place of the representative Union.
(4) Every application made under this section shall be published in the prescribed
manner not lessthan fourteen days before the expiry of the period of notice under
sub-section (1).
9-H. Application for re-registration
(1) Any Union the registration of which has been cancelled on the ground it was
registered under a mistake or on the ground specified in sub-clause (ii) of clause
(a) of section 9-F may at any time after three months from the date of such
cancellation and on payment of such fees as may be prescribed, apply for reregistration. The provisions of sections 9-D and 9-E shall apply in respect of such
application.
(2) A Union, the registration of which has been cancelled on any other ground shall
not,save with the permission of the State Government, be entitled to apply for reregistration.
9-I. Appeal to Industrial Tribunal from order of Registrar
(1) Any party to a proceeding before the Registrar may, within thirty days from the
date of an order passed by the Registrar, under this Chapter, appeal against such
order to the Industrial Tribunal:
36
Provided that the Industrial Tribunal may, for sufficient reason, admit any
appeal made after the expiry of such period.
(2) The Industrial Tribunal may admit an appeal under sub-section (1) if on a perusal
of the memorandum of appeal and the decision appealed against it finds that the
decision is contrary to law or otherwise erroneous.
(3) The Industrial Tribunal in appeal may confirm, modify or rescind any order passed
by the Registrar and may passsuch consequential orders asit may deem fit. A copy
of the orders passed by the Industrial Tribunal shall be sent to the Registrar.
9-J. Publication of orders
Every order passed under section 9-E or section 9-F or section 9-G and every order
passed in appeal under section 9-I shall he published in the prescribed manner”. —
Rajasthan Act 34 of 1958, S. 5 (w.e.f. 1-7-1960) as amended by Rajasthan Act 14 of 1970,
S. 5 (w.r.e.f. 26-2-1970), which amended sections 9-D, 9-E, 9-F and 9- (The amendments
made by the latter Act are indicated within square brackets).
CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
10. Reference of disputes to Boards, Courts or Tribunals
(1) 91[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) 92[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):]
93[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:
94[Provided also that where the dispute in relation to which the Central
Government is the appropriate Government, it shall be competent for that
37
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) 
95[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
96[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) 97[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 orseparately, to the Labour Court, Tribunal or
National Tribunal for extension of such period or for any other reason, and the
presiding officer of such Labour Court, Tribunal or National Tribunal considers it
necessary or expedient to extend such period, he may for reasons to be recorded
in writing, extend such period by such further period as he may think fit:
Provided also that in computing any period specified in this sub- section, the
period, if any, for which the proceedings before the Labour Court, Tribunal or
National Tribunal had been stayed by any injunction or order of a Civil Court shall
be excluded:
Provided also that no proceedings before a Labour Court, Tribunal or National
Tribunalshall lapse merely on the ground that any period specified under this subsection had expired without such proceedings being completed.]
(3) Where an industrial dispute has been referred to a Board, 98[Labour Court,
Tribunal or National Tribunal] under this section, the appropriate Government
may by order prohibit the continuance of any strike or lock-out in connection with
such dispute which may be in existence on the date of the reference.
(4) 99[Where in an order referring an industrial dispute to 100[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, 101[the Labour
38
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 102[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) 103[Where any reference has been made under sub-section (1A) to a National
Tribunal, then notwithstanding anything contained in this Act, no Labour Court or
Tribunal shall have jurisdiction to adjudicate upon any matter which is under
adjudication before the National Tribunal, and accordingly,
(a) if the matter under adjudication before the National Tribunal is pending in a
proceeding before a Labour Court or Tribunal, the proceeding before the
Labour Court or the Tribunal, as the case may be, in so far as 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.
104[Explanation: In this sub-section, "Labour Court" or "Tribunal" includes
any Court or Tribunal or other authority constituted under any law relating
to investigation and settlement of industrial disputes in force in any State.]
(7) Where any industrial dispute, in relation to which the Central Government is
not the appropriate Government, is referred to a National Tribunal, then
notwithstanding anything contained in this Act, any reference in section 15,
section 17, section 19, section 33A, section 33B and section 36A to the
appropriate Government in relation to such dispute shall be construed as a
reference to the Central Government but, save as aforesaid and as otherwise
expressly provided in this Act, any reference in any other provision of this Act to
the appropriate Government in relation to that dispute shall mean a reference
to the State Government.]
(8) 105[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.]
State Amendments—Andhra Pradesh
39
In its application to the State of Andhra Pradesh, in S. 10, after sub-S. (2), insert the
following sub-section, namely:
"(2-A) Notwithstanding anything contained in sub-sections (1) and (2), where a Tribunal
has been constituted under this Act for the adjudication of dispute in any specified
industry or industries and a dispute exists or is apprehended in any such industry, the
employer or a majority of the workmen concerned may refer the dispute to that
Tribunal”. — Andhra Pradesh Act 12 of 1949.
State Amendments—Delhi
In S. 10, after sub-S. (4), insert the following sub-section, namely:
"(4-A) Notwithstanding anything contained in section 9-C and in this section, in the case
of a dispute failing within the scope of section 2-A, the individual workman concerned
may, within twelve 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 (Delhi Amendment) Act, 2003, whichever is later, apply, the
prescribed manner, to the Labour Court or the Tribunal, as the case may be, for
adjudication of the dispute and the Labour Court or Tribunal as the case may be, shall
dispose of such application in .the same manner as a dispute referred under sub-section
(1).”—Delhi Act 9 of 2003, S. 2 (w.e.f. 22-8-2003).
State Amendments—Karnataka
(1) In its application to the State of Karnataka,
(i) in S. 10, after sub-S. (4), insert the following sub-section, namely:
"(4-A) 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 the
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).
Note: An application tinder sub-section (4-A), may be made even in respect of a
dispute pending consideration of the Government for reference, on the date of
commencement of the Industrial Disputes (Karnataka Amendment) Act, 1987”. --
Karnataka Act 3 of 1988, S. 2 (w.e.f. 7-4-1988).
(ii) after S. 10, insert the following section, namely:
"10-A. Power to Transfer cases: The State Government may, by order in writing
and for reasons to be stated therein, at any stage transfer any industrial dispute
pending before a Tribunal constituted by the State Government to any other
Tribunal constituted by the State Government for adjudication, and the Tribunal
to which the dispute is so transferred may subject to any special directions in the
order of transfer, proceed either de novo or from the stage at which it was
transferred."—Mysore Act 15 of 1953.
40
(2) In its application to the Madras area in the State of Mysore, omit sub-S. (2-A) as
inserted in Madras Act 12 of 1949. —Mysore Act 1 of 1960, S. 2 (w.e.f. 21-1-1960).
State Amendments—Madhya Pradesh
In its application to the State of Madhya Pradesh, throughout the Act, for the words ''in
the Second Schedule" wherever they occur, the words and letter in Part A of the Second
Schedule" shall be substituted—M.P. Act 43 of 1981, S. 3 (w.e.f. 26-1-1982).
State Amendments—Maharashtra
In its application to the State of Maharashtra, in S. 10, sub-S. (2), after the words
"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 1 of 1972, Sch. I, Item 2.
State Amendments—Tamil Nadu
In its application to the State of Tamil Nadu, after sub-S. (2), insert the following subsection, namely:
"(2-A) 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 workmen concerned they refer the dispute to that
Tribunal."—Tamil Nadu Act 12 of 1949, S. 3 (w.e.f. 14-6-1949).
State Amendments—West Bengal
In its application to the State of West Bengal, in S. 10, after sub- S. (1-A), insert the
following sub-section, namely:
"(1-B) (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.
(b) 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 immediately 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 Court or Tribunal as may
41
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 subsection (1).”—W.B. Act 33 of 1989, S.4.
10-A. Voluntary reference of disputes to arbitration
(1) Where any industrial dispute exists or is apprehended and the employer and the
workmen agree to refer the dispute to arbitration, they may, at any time before
the dispute has been referred under section 10 to a Labour Court or Tribunal or
National Tribunal, by a written agreement, refer the dispute to arbitration and
the reference shall be to such person or persons (including the presiding officer
of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators
as may be specified in the arbitration agreement.
(1-A) 106[Where an arbitration agreement provides for a reference of the dispute to an
even number of arbitrators, the agreement shall provide for the appointment of
another person as umpire who shall enter upon the reference, if the arbitrators
are equally divided in their opinion, and the award of the umpire shall prevail and
shall be deemed to be the arbitration award for the purposes of this Act.]
(2) An arbitration agreement referred to in sub-section (1) shall be in such form and
shall be signed by the parties thereto in such manner as may be prescribed.
(3) A copy of the arbitration agreement shall be forwarded to the appropriate
Government and the conciliation officer and the appropriate Government
shall, within 107[one month] from the date of the receipt of such copy, publish the
same in the Official Gazette.
(3-A) 108[Where an industrial dispute has been referred to arbitration and the
appropriate Government is satisfied that the persons making the reference
represent the majority of each party, the appropriate Government may, within the
time referred to in sub-section (3) issue a notification in such manner as may be
prescribed; and when any such notification is issued, the employers and workmen
who are not partiesto the arbitration agreement but are concerned in the dispute,
shall be given an opportunity of presenting their case before the arbitrator or
arbitrators.]
(4) The arbitrator or arbitrators shall investigate the dispute and submit to the
appropriate Government the arbitration award signed by the arbitrator or all the
arbitrators, as the case may be.
(4-A) 109[Where an industrial dispute has been referred to arbitration and a notification
has been issued under sub-section (3A), the appropriate Government may, by
order, prohibit the continuance of any strike or lock-out in connection with such
dispute which may be in existence on the date of the reference.]
(5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitrations under
this section.]
42
State Amendment--Maharashtra
In its application to the State of Maharashtra, in S. 10-A,
(i) in sub-S. (1). after the words "workmen", insert "and where under any law for the
time being in force, there is a recognised union in respect of any undertaking, the
employer and such recognised union";
(ii) to sub-S. (3-A), add the following proviso, namely:
"Provided that, nothing in this sub-section shall apply, where, a dispute has been
referred to arbitration in pursuance of. an agreement between the employer and the
recognised union under sub-section (1) of this section";
(iii) in sub-S. (4-A), after the words, brackets, figure and letter "sub-section (3-A)", insert
"or where there is a recognised union for any undertaking under any law for the time
being in force and an industrial dispute has been referred to arbitration”. —Maharashtra
Act 1 of 1972, Sch. I, Item 3.
Section 10-B
Andhra Pradesh
In its application to the State of Andhra Pradesh, after S. 10-A, insert the following
section, namely:
"10-B. Power to issue order regarding terms and conditions or service, etc.
(1) Notwithstanding anything contained in this Act, if in the opinion of the Government,
it is necessary or expedient so to do, forsecuring the public safety or convenience or the
maintenance of public order or supplies and services essential to the life of the
community or for maintaining employment or maintaining industrial peace, it may by a
general or special order, make provision,
(a) for requiring employers, workmen or both to observe for such period as may be
specified in the order, such terms and conditions of employment as may be determined
in accordance with the order; and
(b) for prohibiting, subject to the provisions of the order, strikes or lockouts generally or
a strike or lockout in connection with any industrial dispute.
(2) In case any industrial dispute is raised in respect of any provisions in the order of the
State Government made under sub-section (1) within a period of three months of the
order, it shall be referred by the State Government for adjudication to an Industrial
Tribunal or Labour Court and the order shall lapse when the award of the Tribunal or
Labour Court becomes enforceable:
Provided, that the reference of the industrial dispute to adjudication shall not have the
effect of staying operation of the order."---. A.P. Act 32 of 1987, S. 4 (w.e.f. -7-19S7).
43
State Amendments—Karnataka
In its application to the State of Karnataka, after S. 10-A, insert the following section,
namely:
"10-B. Power to issue order regarding terms and conditions of service pending
settlement of dispute
(1) Where an industrial dispute has been referred by the State Government to a Labour
Court or a Tribunal under sub-section (1) of section 10 and if in the opinion of the State
Government it is necessary or expedient so to do for securing the public safety or
convenience or the maintenance of public order or supplies and services essential to the
life of the community or for maintaining employment or industrial peace in the
establishment concerning which such reference has been made, it may, by general or
special order, make provision,
(a) for requiring the employer or workman or both to observe such terms and conditions
of employment as may be specified in the order or as may he have determined in
accordance with the order, including payment of money by the employer to any person
who is or has been a workman;
(b) for requiring any public utility service not to close or remain closed and to work or
continue to work on such terms and conditions as may be specified in the order; and
(c) for any incidental or supplementary matter which appears to it to be necessary or
expedient for the purpose of the order: Provided that no order made under this subsection shall require any employer to observe terms and conditions of employment less
favourable to the workman then those which were applicable to them a t any time
within three months immediately preceding the date of the order.
Explanation: For the purpose of this sub-section, "public utility service " means,
(i) any section of an industrial establishment on the working of which the safety of the
establishment or the workman employed therein depends,
(ii) any industry which supplies power, light or water to the public;
(iii) any industry which has been declared by the State Government to be a public utility
service for the purpose of this Act.
(2) An order made under sub-section (1) shall cease to operate on the expiry of a period
ofsix monthsfrom the date of the order or on the date of the award of the Labour Court
or the Tribunal, as the case may be, whichever is earlier.
(3) Any money paid by an employer to any person in pursuance of an order under subsection (1), maybe deducted by that employer from out of any monetary benefit to
which such person becomes entitled under the provisions of any award passed by the
Labour Court or the Tribunal, as the case may be."—Karnataka Act 5 of 1988, S. 3 (w.e.f.
7-4-1988).
State Amendments—Kerala
44
In its application to the State of Kerala, after S. 10-A, insert the following section,
namely:
"10-B. Power to issue order recording terms and conditions of service pending
settlement of disputes
(1) Where an industrial dispute has been referred by the State Government to a Labour
Court or Tribunal under sub-section (1) of section 10 and if, in the opinion of the State
Government, it necessary or expedient so to do for securing the public safety or
convenience or the maintenance of public order or supplies and services essential to the
life of the community or for maintaining employment or industrial peace in the
establishment concerning which such reference has been made, it may, by general or
special order, make provision,
(a) for requiring the employers or workmen or both to observe such terms and
conditions of employment as may be specified in the order or as may be determined in
accordance with the order, including payment of money by the employer to any person
who is or has been a workman;
(b) for requiring any public utility service not to close or remain closed and to work or
continue to work on such terms and conditions as may be specified in the order; and
(c) for any incidental or supplementary matters which appear to it to be necessary or
expedient for the purpose of the order:
Provided that no order made under this sub-section shall require any employer to
observe terms and conditions of employment less favourable to the workmen than
those which were applicable to them at any time within three months immediately
preceding the date of the order.
Explanation: For the purposes of this sub-section, "public utility service" means,
(i) any section of an industrial establishment on the working of which the safety of the
establishment or the workmen employed therein depends;
(ii) any industry which supplies power, light or water to the public;
(iii) any industry which has been declared by the State Government to be a public utility
service for the purposes of this Act.
(2) An order made under sub-section (1) shall cease to operate on the expiry of a period
ofsix months from the date of the order or on the date of the award of the Labour Court
or the Tribunal, as the case may be, whichever is earlier.
(3) Any money paid by an employer to any person in pursuance of an order under subsection (1), may be deducted by that employer from out of any monetary benefit to
which such person becomes entitled under they of any award passed by the Labour
Court or the Tribunal, as the case may be." Kerala Act 30 of 1979, S. 2 (yet to be
enforced).
State Amendments—Rajasthan
45
In its application to the State of Rajasthan, for S. 10-A, insert the following new Chapter,
namely:
10-B. Submission
"CHAPTER III-A
ARBITRATION
(1) Any employer and a Representative Union or, in the absence of any registered
Representative Union, any other Union which is representative of employees may, by a
written agreement, agree to submit any present or future industrial dispute or class of
such disputes to the arbitration of any person whether such arbitrator is named in such
agreement or not. Such agreement shall be called a submission.
(2) A copy of every such submission shall be sent to the Registrar who shall register it in
the register to be maintained for the purpose and shall publish it in such manner as may
be prescribed.
10-C. Submission when revocable: Every submission shall, in the absence of any
provision to the contrary contained therein, be irrevocable:
Provided that a submission to refer future disputes to arbitration may at any time be
revoked by any of the parties to such submission by giving the other party three months'
notice in writing:
Provided further that, before the expiry of the said period of three months the parties
may agree to continue the submission for such further period as may he agreed upon
between them.
10-D. Proceedings in arbitration: The proceedings in arbitration under this Chapter shall
ions of the Arbitration Act, 1940, in so far as they are applicable and the powers which
are exercisable by a Civil Court under the said provisions shall be exercisable by the
Industrial Tribunal.
10-E. Special case may be stated to Industrial Tribunal: The arbitrator may refer any
question of law arising before him in any proceeding under this Act to the Industrial
Tribunal for its decision. Any award made by the arbitrator shall be in accordance with
such decision.
10-F. Award by arbitrator: The arbitrator shall, after hearing the parties concerned,
make an award which shall be signed by him.
10-G. Dispute to be referred to Industrial Tribunal if no arbitrator appointed:
Notwithstanding anything contained in this Chapter, if no provision has been made in
any an arbitrator or where by reason of any circumstances no dispute may be referred
by the State Government for industrial dispute to Industrial Tribunal.
10-H. State Government may refer industrial dispute to Industrial Tribunal for
adjudication: Notwithstanding anything contained in this Chapter, the State
Government may, at any time, refer an industrial dispute for adjudication by the
Industrial Tribunal, if on a report made by the conciliation officer or otherwise it is
satisfied that:
(A) By reason of the continuance of the dispute,
46
(a) A serious outbreak of disorder or a breach of the public peace is likely to
occur; or
(b) Serious or prolonged hardship to a large section of the community is likely
to be caused; or
(c) The industry concerned islikely to be seriously affected orthe prospects and
scope for employment therein curtailed; or
(B) The disputes is not likely to be settled by other means; or
(C) It is necessary in the public interest to do so.
When the State Government makes a reference to the Industrial Tribunal for
adjudication of any industrial dispute, any submission or any award of an award
of an arbitrator with regard to that industrial dispute shall stand as cancelled.
10-I. Notice of award to parties
(1) The arbitrator or the Industrial Tribunal as an arbitrator, as case may be shall forward
copies of the award made by him or it to the parties, the Commissioner of Labour, the
Registrar and the State Government.
(2) On receipt of such award, the Registrar shall enter it in the register kept for the
purpose.
10-J. Completion of proceeding: The arbitration proceeding shall be deemed to have
completed when the award is published under section 17”. —Rajasthan Act 34 of 1958,
S. 6 (w.e.f. 1-7-1960).
10-K. State Government may lay down terms and conditions of employment and
prohibit strikes, etc.
(1) Notwithstanding anything contained in the Act, if in the opinion of the State
Government, it is necessary or expedientso to do, forsecuring the public safety or public
order or supplies and services essential to the life of the community or for maintaining
employment or maintaining industrial peace, it may by a general or special order, make
provision,
(a) for requiring employers, workmen or both to observe for such period as may
specified in the order, such terms and conditions of employment as may be determined
in accordance with the order; and
(b)for prohibiting, subject to the provision of order, strikes or lock-outs generally or a
strike or lock-out in connection with any industrial dispute.
(2) In case any industrial dispute is raised in respect of any provisions in the order of the
State Government made under sub-section (1) within a period of three months of the
order, it shall be referred by the State Government for adjudication to an Industrial
Tribunal and the ordershall lapse when the award of the Tribunal becomes enforceable:
Provided, however, that the reference of the industrial dispute to adjudication shall not
have the effect of staying the operation of the order”. --Rajasthan Act 14 of 1970, S. 6
(w.r.e.f. 26-2-1970).
State Amendments—Tamil Nadu
47
In its application to the State of Tamil Nadu, after S. 10-A, insert the following section,
namely:
"10-B. Power to issue order regarding terms and conditions of service pending
settlement of dispute
(1) Where an industrial dispute has been referred by the State Government to a Labour
Court or a Tribunal under sub-section (1) of section 10 and if in the opinion of the State
Government, it is necessary or expedient so to do for securing the public safety or
convenience or the maintenance of public order or supplies and services essential to the
life of the community or for maintaining employment or industrial peace in the
establishment concerning which such reference has been made, it may, by general or
special order, make provision,
(a) for requiring the employers or workmen or both to observe such terms and
conditions of employment as may be specified in the order or as may be determined in
accordance with the order, including payment of money by the employer to any person
who is or has been a workman;
(b) for requiring any public utility service not to close or remain closed and to work or
continue to work on such terms and conditions as may be specified in the order; and
(c) for any incidental or supplementary matter which appears to them to be necessary
or expedient for the purpose of the order:
Provided that no order made under this sub-section shall require any employer to
observe terms and conditions of employment less favourable to the workmen than
those which were applicable to them at any time within three months immediately
preceding the date of the order.
Explanation: For the purpose of this sub-section, "public utility service" means,
(i) any section of an industrial establishment on the working of which the safety of the
establishment or the workmen employed therein depends;
(ii) any industry which supplies power, light or water to the public;
(iii) any industry which has been declared by the State Government to be a public utility
service for the purpose of this Act.
(2) An order made under sub-section (1) shall cease to operate on the expiry of a period
ofsix months from the date of the order or on the date of the award of the Labour Court
or the Tribunal, as the case may be, whichever is earlier.
(3) Any money paid by an employer to any person in pursuance of an order under subsection (1) may be deducted by that employer from out of any monetary benefit to
which such person becomes entitled under the provisions of any award passed by the
Labour Court or the Tribunal, as the case may be."—Tamil Nadu Act 36 of 1982, S. 2
(w.e.f. 15-8-1982).
CHAPTER IV
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES
11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals
48
(1) 110[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, 111[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, 112[Labour Court, Tribunal and National Tribunal] shall have
the same powers as are vested in a Civil Court under the Code of Civil Procedure,
1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents and material objects;
(c) issuing commissions for the examination of witnesses;
(d) in respect of such other matters as may be prescribed; and every inquiry or
investigation by a Board, Court, 113[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 114[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
115[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), 116[in
respect of enforcing the attendance of any person and examining him or of
compelling the production of documents]].
(5) 117[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 Tribunalshall 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.]
49
(8) 118[Every 119[Labour Court, Tribunal or National Tribunal] shall be deemed to be
Civil Court forthe purposes of 120[sections 345, 346 and 348 of the Code of Criminal
Procedure, 1973 (5 of 1898).]
(9) 121[Every award made, order issued or settlement arrived at by before Labour
Court or Tribunal or National Tribunal shall be executed accordance with the
procedure laid down for execution of orders and decree, a Civil Court under order
21 of the Code of Civil Procedure, 1908 (5 of 1908).
(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall
transmit any award, order or settlement to a Civil Court having jurisdiction and
such Civil Court shall execute the award, order or settlement as if it were a decree
passed by it.]
State Amendments--Karnataka
In its application to the State of Karnataka, for sub-S. (4), substitute the following subsections, namely:
(4) A consolidation officer may, if he considers that any document or the testimony
any person is relevant or necessary for the settlement of an industrial dispute or
for 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
summon examine such person. Forthe 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, 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.
(4-A) 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 issued under
sub-section (4 shall, on conviction, be punishable with imprisonment for a period
which may extend three months or with fine, which may extend to five hundred
rupees or with both."---Karnataka Act 5 of 1988, S. 4 (w.e.f. 7-4-1988).
State Amendments—Tamil Nadu
In its application to the State of Tamil Nadu, for sub-S. (4), substitute the following subsection, namely:
(4) A conciliation officer may, if he considers that any document or the testimony of
al 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 him under this Act, call for and inspect such document or
summon and examine such person. For the aforesaid purposes, the conciliation
officer shall have the same powers as are 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, in respect of the following
matters, namely:
50
(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 witnesses.”—T.N. Act 5 of 1988, S.3
(w.e.f. 1-11-1988).
11-A. 122[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, issatisfied 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, asthe 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
In its application to the State of Andhra Pradesh, after S. 11-A, insert the following
section, namely:
"11-B. 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."—A.P. Act 32 of 1987, S. 5 (w.e.f. 27-7-1987).
State Amendments—Madhya Pradesh
In its application to the State of Madhya Pradesh, after S. 11-A, insert the following
sections, namely:
"11-B. 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 the Code of Criminal Procedure, 1973 (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.
11-C. Appeal
(1) An appeal shall lie to the Industrial Court constituted under section 9 of the Madhya
Pradesh Audyogik Sambandh Adhiniyam, 1960,
(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 Labour Court, by the State Government.
51
(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 reasons allow an appeal after the
expiry of the said period.
11-D. Powers of the Industrial Court hearing appeal under section 11-C: 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 11-C shall have all the powers
of the High Court under the Code of Criminal Procedure, 1973 and shall follow such
procedure asit may think fit in disposing of the appeal."—M.P. Act 43 of 1981, S. 3 (w.e.f.
26-1-1982).
State Amendments—West Bengal
In its application to the State of West Bengal, after S. 11-A, insert the following section,
namely:
"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."--W.B. Act 57 of 1980, S. 5.
12. Duties of conciliation officers
(1) Where any industrial dispute exists or is apprehended, the conciliation officer
may, or where the dispute relates to a public utility service and a notice under
section 22 has been given, shall hold conciliation proceedings in the prescribed
manner.
(2) The conciliation officer shall, for 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 allsuch 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 mattersin dispute is arrived at in the
course of the conciliation proceedings the conciliation officer shall send a report
thereof to the appropriate Government 123[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, 124[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.
52
(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:
125[Provided that, 126[subject to the approval of the conciliation officer,] the time
forthe submission ofthe 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 its application to the State of West Bengal, in sub-S. (6) of S. 12,
(i) forthe words "within fourteen days",substitute "after completion of the conciliation
proceedings within sixty days"; and
(ii) in the proviso, after the words "such period", insert "not exceeding six months”. —
W.B. Act 57 of 1980, S. 6.
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 mattersin dispute is arrived at in the
course of the conciliation proceedings, the Board shallsend 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 127[Labour Court, Tribunal or National Tribunal] under section 10, it shall
record and communicate to the parties concerned its reasons therefor.
(5) The Board shallsubmit its report underthis section within two months of the date,
128[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
forthe submission of the report by such further periods not exceeding two months
in the aggregate:
53
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.
14. Duties of Courts
A Court shall inquire into the matters referred to it and report thereon to the
appropriate Government ordinarily within a period of six months from the
commencement of its inquiry.
15. 129[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 Amendment—West Bengal
In its application to the State of West Bengal for S. 15, substitute the following section,
namely:
"15. Duties of Labour Courts, Tribunals and National Tribunals
(1) Where an industrial dispute has been referred to aNational 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 (2-A) 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 (1) of section 10, it shall,
(a) after the filing, a statement and taking of evidence, give day to day hearing and
pronounce its award, other determination or decision in the manner specified in S. 17-
AA, and
(b) after hearing the parties to the dispute, determine, within a period of sixty daysfrom
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 a workman, be
equivalent to the subsistence allowance admissible under the West Bengal Payment of
Subsistence Allowance Act, 1969 (West Bengal Act XXXVIII of 1969)." —W.B. Act 33 of
1986, S. 4.
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.
54
(2) The award of a Labour Court or Tribunal or National Tribunal shall be in writing
and shall be signed by its presiding officer.
17. Publication of reports and awards
(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.
17-A. Commencement of the award
(1) An award (including an arbitration award) shall become enforceable on the expiry
of thirty days from the date of its publication under section 17:
Provided that,
(a) if the appropriate Government is of opinion, in any case where the award
has been given by a Labour Court or Tribunal in relation to an industrial
dispute to which it is a party; or
(b) if the Central Government is of opinion, in any case where the award has
been given by a National Tribunal, that it will be inexpedient on public
grounds affecting national economy or social justice to give effect to the
whole or any part of the award, the appropriate Government, or as the
case may be, the Central Government may, by notification in the Official
Gazette, declare that the award shall not become enforceable on the expiry
of the said period of thirty days.
(2) Where any declaration has been made in relation to an award under the proviso
to sub-section (1), the appropriate Government or the Central Government may,
within ninety days from the date of publication of the award under section 17,
make an order rejecting or modifying the award, and shall, on the first available
opportunity, lay the award together with a copy of the order before the Legislature
of the State, if the order has been made by a State Government, or before
Parliament, if the order has been made by the Central Government.
(3) Where any award as rejected or modified by an order made under sub-section
(2) is laid before the Legislature of a State or before Parliament, such award
shall become enforceable on the expiry of fifteen days from the date on which
it is so laid; and where no order under sub-section (2) is made in pursuance of a
declaration under the proviso to sub-section (1), the award shall become
enforceable on the expiry of the period of ninety days referred to in sub-section
(2).
(4) Subject to the provisions of sub-section (1) and sub-section (3) regarding the
enforceability of an award, the award shall come into operation with effect from
such date as may be specified therein, but where no date is so specified, it shall
55
come into operation on the date when the award becomes enforceable undersubsection (1) or sub- section (3), as the case may be.]
State Amendment---West Bengal
In its application to the State of West Bengal, after S. 17-A, insert the following section,
namely:
“*17-AA. Pronouncement and commencement of award, etc.: Notwithstanding
anything contained in sections 17 and 17-A,
(1) every award, other determination or decision by an arbitrator or a Labour Court, or
a Tribunalshall be pronounced on a date notified for the purpose and shall be dated and
signed by the person or persons pronouncing the award, determination or decision and
such award, determination or decision once signed. and dated shall not be altered save
in the manner provided in this Act;
(2) the award, determination or decision of an arbitrator shall be pronounced in his
office and the award, determination or decision of a Labour Court or a Tribunal shall be
pronounced in open Court;
(3) a copy of every award, other determination or decision referred to in clause (1)
certified in such manner as may be prescribed, shall be given by the arbitrator, Labour
Court or Tribunal as the case may be, to each of the parties to the dispute fee of cost
and a copy of the award, determination or decision as so certified shall be sent by the
arbitrator, Labour Court or Tribunal, as the case may be, to the appropriate
Government;
(4) every award, other determination or decision referred to in clause (1) shall become
enforceable on the expiry of thirty days from the date of its pronouncement:
Provided that if the appropriate Government is of opinion, in any case where the award,
other determination or decision has been given by an arbitrator or a Labour Court or a
Tribunal, in relation to an industrial dispute in which it is a party, 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, other determination or decision, the appropriate
Government may, by notification, declare that such award, determination or decision
shall not become enforceable on the expiry of the said period of thirty days;
(5) where any declaration has been made-in relation to an award, other determination
or decision under the proviso to clause (4), the appropriate Government may, within
ninety days from the date of such award, determination or decision, by notification,
make an order rejecting or modifying such award, determination or decision, and shall,
on the first available opportunity, lay the same and a copy ofsuch order(where any such
order has been made) before the Legislature of the State;
(6) where any award, other determination or decision is rejected by the appropriate
Government under clause (5) it shall not be enforceable;
(7) where any award, other determination or decision is modified by an order made
under clause (5) such award, determination or decision as so modified shall become
enforceable on the expiry of fifteen days from the date on which the order making the
modification is published in the Official Gazette;
56
(8) where a declaration under the proviso to clause (4) has been made but no order is
made under clause (5), the award, determination or decision shall become enforceable
on the expiry of the period of ninety days referred to in clause (5);
(9) subject to the provisions of clauses (6), (7) and (8) regarding the inability of an award,
other determination or decision, the same shall come into operation with effect from
such date as may be specified therein, where no date is so specified it shall come into
operation on the date same becomes enforceable under clause (4), clause (7) or clause
(8) as the case may be;
(10) the award, other determination or decision pronounced under clause (1) shall,
subject to the provisions of thissection, be final and shall not be in question by any Court
in any manner whatsoever”. —W.B. Act 57 of 1980, S. 8. Old S. 17-B renumbered by
W.B. Act 34 of 1983, S. 4 (w.r.e.f. 30-11-1981).
17-B. 130[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.]
18. Persons on whom settlements and awards are binding
(1) 131[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) 132[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) 133[A settlement arrived at in the course of conciliation proceedings under this Act
134[or an arbitration award in a case where a notification has been issued under
sub-section (3A) of section 10A] or 135[an award 136[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, 137[arbitrator,] 138[Labour Court, Tribunal or
National Tribunal], as the case may be, records the opinion that they were
so summoned without proper cause;
57
(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.
State Amendment---Maharashtra
In its application to the State of Maharashtra, in to S. 13,
(a) in sub-S. (1), add the following proviso, namely:
"Provided that, where there is a recognised union for any undertaking under any the law
for the time being in force, then such agreement (not being an agreement in respect of
dismissal, discharge, removal, retrenchment, termination of service, orsuspension of an
employee) shall be arrived at between the employer, and the recognised union only;
and such agreement shall be binding on all persons referred to in clause (c) and clause
(d) of sub-section (3) of this section";
(b) in sub-S. (3), after the word, figure and letter "section 10-A", insert "or an arbitration
award in a case where there is a recognised union for any undertaking under any law for
the time being in force”. --Maharashtra Act 1 of 1972, S. 20(2) and Sch. I (w.e.f. 8-9-
1975).
19. Period of operation of settlements and awards
(1) A settlement 139[* * *] 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 2*[from the
date on which the memorandum of settlement is signed by the parties to the
dispute], and shall continue to be binding on the parties after the expiry of the
period aforesaid, until the expiry of two months from the date on which a notice
in writing of an intention to terminate the settlement is given by one of the parties
to the other party or parties to the settlement.
(3) 140[An award shall, subject to the provisions of this section, remain in operation
for a period of one year 141[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 asitthinksfitso, however,that the total period of operation of any award
does not exceed three years from the date on which it came into operation.
58
(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 142[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 143[Labour Court or the Tribunal, as the case may be] on such
reference shall, 144[* * *] 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 sub-section (3), the
award shall continue to be binding on the parties until a period of two months has
elapsed from the date on which notice is given by any party bound by the award
to the other party or parties intimating its intention to terminate the award.
(7) 145[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 Amendment---Maharashtra
In its application to the State of Maharashtra, in S. 19,
(a) aftersub-S. (2), add the following sub-section, namely:
“(2-A) 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 subsection (2), it shall be lawful to a such recognised union to terminate the settlement
after giving two months' written notice to the employer in that behalf."
(b) to sub-S. (7), add the following,
"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 1 of 1972, S. 20(2) and
Sch. I (w.e.f. 8-9-1975).
State Amendments—West Bengal
In its application to the State of West Bengal, in sub-S. (3) of S. 19, after the words
"section 17-A", insert or section17-AA". W.13. Act 57 of 1980 S. 9 and W. Act ',34 of
1983, S. 5 (w.e.f. 30-11-1981).
20. Commencement and conclusion of proceedings
(1) A conciliation proceeding shall be deemed to have commenced on the date on
which a notice of strike or lock-out under section 22 is received by the conciliation
officer or on the date of the order referring the dispute to a Board, asthe case may
be.
(2) A conciliation proceeding shall be deemed to have concluded,
59
(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, 146[Labour Court, Tribunal or National
Tribunal] under section 10 during the pendency of conciliation proceedings.
(3) Proceedings 147[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 148[reference of the dispute for arbitration or adjudication, asthe case may be]
and such proceedingsshall be deemed to have concluded 149[on the date on which
the award becomes enforceable under section 17A].
State Amendment---West Bengal
In its application to the State of West Bengal, for sub-S. (1) of S. 20, substitute the
following sub-section, namely:
"(1) A conciliation proceeding shall be deemed to have commenced,
(a) in the case of an industry declared as "public utility service", on the date on which a
notice of strike or lock-out under section 22 is received by the conciliation officer,
(b) in the case of any other industry, on the date the conciliation officer issues notices
asking the parties concerned to attend a joint conference before him, and
(c) in the case where an industrial dispute isreferred to a Board on the date of the order
referring the dispute to a Board”. —W.B. Act 57 of 1980, S. 10.
21. Certain matters to be kept confidential
There shall not be included in any report or award under this Act any information
obtained by a conciliation officer, Board, Court, 150[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, 151[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, 152[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, 153[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).
60
CHAPTER V
STRIKES AND LOCK-OUTS
22. Prohibition of strikes and lock-outs
(1) No person employed in a public utility service shall go on strike in breach of
contract,
(a) without giving to the employer notice of strike, as herein-after provided,
within six weeks before striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as
aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation
officer and seven days after the conclusion of such proceedings.
(2) No employer carrying on any public utility service shall lock-out any of his
workmen,
(a) without giving them notice of lock-out as hereinafter provided, within six
weeks before locking out; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of lock-out specified in any such notice as
aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation
officer and seven days after the conclusion of such proceedings.
(3) The notice of lock-out or strike under this section shall not be necessary where
there is already in existence a strike or, as the case may be, lock-out in the public
utility service, but the employer shall send intimation of such lock-out or strike on
the day on which it is declared, to such authority as may be specified by the
appropriate Government either generally or for a particular area or for a particular
class of public utility services.
(4) The notice of strike referred to in sub-section (1) shall be given by such number of
persons to such person or persons and in such manner as may be prescribed.
(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner
as may be prescribed.
(6) If on any day an employer receives from any persons employed by him any such
notices as are referred to in sub-section (1) or gives to any persons employed by
him any such notices as are referred to in sub-section (2), he shall within five days
thereof report to the appropriate Government or to such authority as that
Government may prescribe the number of such notices received or given on that
day.
State Amendment---Himachal Pradesh
(1) No person employed in a public utility service 154[and non-public utility service]
shall go on strike in breach of contract,
61
(a) without giving to the employer notice of strike, as herein-after provided,
within six weeks before striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as
aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation
officer and seven days after the conclusion of such proceedings.
(2) No employer carrying on any public utility service 155[and non-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.
23. General prohibition of strikes and lock-outs
No workman who is employed in any industrial establishmentshall 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 156[a Labour Court, Tribunal or
National Tribunal] and two months afterthe conclusion ofsuch proceedings; 157[*]
(bb) 158[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.
24. Illegalstrikes 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 orsection 23; or
(ii) it is continued in contravention of an order made under sub-section (3) of
section 10 159[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, 160[an arbitrator, a] 161[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
62
provisions of this Act or the continuance thereof was not prohibited under subsection (3) of section 10 162[or sub-section (4A) of section 10A].
(3) A lock-out declared in consequence of an illegal strike or a strike declared in
consequence of an illegal lock-out shall not be deemed to be illegal.
25. Prohibition of financial aid to illegal strikes and lock- outs
No person shall knowingly expend or apply any money in direct furtherance of support
of any illegal strike or lock-out.
163[CHAPTER V-A
LAY-OFF AND RETRENCHMENT
25-A. Application of sections 25C to 25E
(1) Sections 25C to 25E inclusive 164[shall not apply to industrial establishments to
which Chapter VB applies, or;
(a) to industrial establishments in which less than fifty workmen on an average
per working day have been employed in the preceding calendar month; or
(b) to industrial establishments which are of a seasonal character or in which
work is performed only intermittently.
(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.
165[Explanation. --In this section and in sections 25C, 25D and 25E, "industrial
establishment" means,
(i) a factory as defined in clause (m) of section 2 of the Factories Act 1948 (63
of 1948); or
(ii) a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of
1952); or
(iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour
Act, 1951 (69 of 1951).]
25-B. 166[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
because 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,
63
(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 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 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.
Explanation: For the purposes of clause (2), the number of days on
which a workman has worked under an employer shall include the
days on which,
(i) he has been laid-off under an agreement or as permitted by
standing orders made under the Industrial Employment
(Standing Orders) Act, 1946 (20 of 1946), or under this Act or
under any other law applicable to the industrial establishment;
(ii) he has been on leave with full wages, earned in the previous
years;
(iii) he has been absent due to temporary disablement caused by
accident arising out of and in the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so,
however, that the total period of such maternity leave does not
exceed twelve weeks.]
25-C. 167[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 forty-five days of the lay-off and
when he does so, any compensation paid to the workman for having been laid- off
64
during the preceding twelve months may be set off against the compensation payable
for retrenchment.
Explanation: "Badli workman" means a workman who is employed in an industrial
establishment in the place of another workman whose name is borne on the muster
rolls of the establishment, but shall cease to be regarded assuch for the purposes of this
section, if he has completed one year of continuous service in the establishment.]
State Amendment---Maharashtra
In its application to the State of Maharashtra, in S. 25-C,
(a) after the words "had he not been so laid-off:", insert the following proviso,
"Provided that, where the lay-off is because discontinuance or reduction of the supply
of power to the industrial establishment for contravention of any provisions of the
Bombay Electricity (Special Powers) Act, 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", substitute "provided
further that".
(c) in the existing second proviso for the words "provided further that", substitute.
"provided also that”. —Maharashtra Act 22 of 1981, S. 3 (w.e.f. 1-7-1981).
State Amendments—West Bengal
In its application to the State of West Bengal, in S. 25-C, the second proviso shall be
omitted. --W.B. Act 57 of 1980, S. 11.
25-D. 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 forthe 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.
25-E. 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 employersituate in the same town or village orsituate within a radius of five
miles from the establishment to which he belongs, if, in the opinion of the
employer, such alternative employment does not call for any special kill or
previous experience and can be done by the workman, provided that the
wages which would normally have been paid to the workman are offered for the
alternative employment also;
(ii) if he does not present himself for work at the establishment at the appointed time
during normal working hours at least once a day;
65
(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 Amendment---West Bengal
In its application to the State of West Bengal, in S. 25-E, after Cl. (ii), insert the following
proviso, namely:
"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;"—W.B. Act 57 of 1980, S. 12.
25-F. 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:
168[* * *]
(b) the workman has been paid, at the time of retrenchment, compensation which
shall be equivalent to fifteen days' average pay 169[for every completed year of
continuous service] or any part thereof more than six months; and
(c) notice in the prescribed manner is served on the appropriate Government 170[or
such authority as may be specified by the appropriate Government by notification
in the Official Gazette].
State Amendment Madhya Pradesh
In Section 25F,
(a ) in Clause (a), forthe words‘’one month notice’’, the words‘’three month’s notice’’
shall be substituted;
(a) the workman has been given 171[three 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:
For Clause (b), the following clause shall be substituted, namely:
(b) 172[the workmen has been paid, at the time of retrenchment, compensation which
shall be equivalent to fifteen days’ average for every completed year of continues
service or any part thereof in excess of six months, or an amount equivalent to his
three months’ average pay, whichever is more; and]
State Amendment Himachal Pradesh
In Section 25 F of the principal Act, in clause (b), for the words "fifteen days", the
words “sixty days” shall be substituted.
(b) the workman has been paid, at the time of retrenchment, compensation which
shall be equivalent to 173[sixty days] average pay 174[for every completed year of
continuous service] or any part thereof more than six months; and
66
State Amendment – Jammu And Kashmir
In Section 25F, in clause (b), for “fifteen days”, substitute the words “thirty days”.
(b) the workman has been paid, at the time of retrenchment, compensation which shall be
equivalent to 175[thirty days] average pay 176[for every completed year of continuous
service] or any part thereof more than six months; and
25- FF. 177[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 yearin 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:
If nothing in this section shall apply to a workman in any case where there has been a
change of employers because 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.]
25- FFA. 178[Sixty days' notice to be given of intention to close any undertaking
(1) An employer who intends to close down an undertaking shall serve, at least sixty
days before the date on which the intended closure is to become effective, a
notice, in the prescribed manner, on the appropriate Government stating clearly
the 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) lessthan 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.]
State Amendment---West Bengal
67
In its application to the State of West Bengal, after S. 25-FP, insert the following new
section, namely:
"25-FFA. Sixty days' notice to be given of intention to close down any undertaking
(1) An employer who intendsto close down an undertaking shallserve, at least sixty days
before the date on which the intended closure is to become effective, a notice, in the
prescribed manner, on the State Government stating clearly the reasons for the
intended closure of the undertaking: Provided that nothing in this section shall apply to,
(a) an undertaking in which not more than fifty workmen are employed or were
employed on any day of the preceding twelve months;
(b) a branch establishment, in the State of West Bengal, of;
(i) an establishment, being a company, registered under the Companies Act, 1956,
having registered office outside the said State, or
(ii) any other establishment, 'having head office outside the said State, where the closure
of such branch establishment has become necessary consequent on the closure of the
registered office or the head office, as the case may be, of that establishment or that
other establishment.
(2) Notwithstanding anything contained in sub-section (1), the State 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."—President's Act 8 of 1971, S. 3 (w.e.f.28-8-
1971).
25- FFF. 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.
179[Explanation. --An undertaking which is closed down by reason merely of,
(i) financial difficulties (including financial losses); or
(ii) accumulation of undisposed of stocks; or
(iii) the expiry of the period of the lease or licence granted to it; or
(iv) in a case where the undertaking is engaged in mining operations, exhaustion
of the minerals in the area in which such operations are carried on; shall not
be deemed to be closed down on account of unavoidable circumstances
beyond the control of the employer within the meaning of the proviso to this
sub-section.]
68
(1-A) 180[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.
(1-B) For the purposes of sub-sections (1) and (1A), the expressions "minerals" and
"mining operations" shall have the meanings respectively assigned to them in
clauses (a) and (d) of section 3 of the Mines and Minerals (Regulation and
Development) Act, 1957 (67 of 1957).]
(2) Where any undertaking set-up for the construction of buildings, bridges, roads,
canals, dams or other construction work is closed down on account of the
completion of the work within two years from the date on which the undertaking
had been set-up, no workman employed therein shall be entitled to any
compensation under clause (b) of section 25F, but if the construction work is not
so completed within two years, he shall be entitled to notice and compensation
under that section for every 181[completed year of continuous service] or any part
thereof in excess of six months.]
State Amendment---Andhra Pradesh
In its application to the State of Andhra Pradesh, in sub-S. (1) of S. 25-FFF,
(a) before the existing proviso, insert the following proviso, namely:
"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"; substitute "provided further
that". A.P. Act 32 of 1987, S. 6 (w.e.f. 27-7-1987).
State Amendments—West Bengal
In its application to the State of West Bengal, in sub-S. (1) of S. 25-FFF,
(a) before the existing proviso, insert the following proviso, namely:
"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", substitute "provided further 11s, that". W.B. Act 57 of 1980, S. 13.
69
25-G. 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.
25-H. Re-employment of retrenched workmen
Where any workmen are retrenched, and the employer proposes to take into his employ
any persons, he shall, in such manner as may be prescribed, give an opportunity 182[to
the retrenched workmen who are citizens of India to offer themselves for reemployment and such retrenched workman] who offer themselves for re-employment
shall have preference over other persons.
State Amendment---Andhra Pradesh
In its application to the State of Andhra Pradesh, renumber S. 25-H as sub-S. (1) thereof
and after sub-S. (1), as so renumbered, insert the following sub-S. (2) and S. 25-HH,
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 themselves for re-employment
in the manner provided in sub-section (1)."
"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 a Labour Court or a 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 33-C”. —A.P. Act 32 of 1987, Ss. 7 and
8 (w.e.f. 27-7-1987).
State Amendments—West Bengal
In its application to the State of West Bengal, re-number S. 25-H as sub-S. (1) thereof
and after sub-S. (1), as so renumbered, insert the following sub-S. (2) and S. 25-HH,
namely:
"(2) Where a closed unit is re-opened, the workmen on the role of the unit immediately
before its closure shall be given an opportunity to offer themselves for re-employment
in the manner provided in sub-section (1)."
"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 a Labour Court or a Tribunal,
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 ‘33-C”. —W.B. Act 57 of 1980, Ss. 14 and
15.
25-I. Recovery of moneys due from employers under this chapter
70
[Repealed by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act,
1956 (36 of 1956), s. 19 (w.e.f. 10-3-1957).]
25-J. 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)]:
183[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.]
184[CHAPTER V-B
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN
ESTABLISHMENTS
25-K. Application of Chapter V-B
(1) The provisions of this Chapter shall apply to an industrial establishment (not being
an establishment of a seasonal character or in which work is performed only
intermittently) in which not less than 185[one hundred] workmen were employed
on an average per working day for the preceding twelve months.
(2) If a question arises whether an industrial establishment is of a seasonal character
or whether work is performed therein only intermittently, the decision of the
appropriate Government thereon shall be final.
State Amendment – Bihar
In the Industrial Disputes Act, 1947, in section 25 K, for the words "one hundred", the
words "three hundred" shall be substituted.
(1) The provisions of this Chapter shall apply to an industrial establishment (not being
an establishment of a seasonal character or in which work is performed only
intermittently) in which not less than 186[three hundred] workmen were employed
on an average per working day for the preceding twelve months.
State Amendment – Madhya Pradesh
71
In Section 25K, sub-section (1), for the words ‘’one hundred,’’ the words ‘’three
hundred’’ shall be substituted.
(1) The provisions of this Chapter shall apply to an industrial establishment (not being
an establishment of a seasonal character or in which work is performed only
intermittently) in which not less than 187[three hundred] workmen were employed
on an average per working day for the preceding twelve months.
State Amendment---Karnataka
In its application to the State of Karnataka, in S. 25-K, aftersub-S. (1), insert the following
sub-section, namely:
"(1-A) Notwithstanding anything contained in sub-section (1), the State Government
may, from time to time, by notification in the Official Gazette, apply the provisions of,
sections 25-O and 25-R in so far asthey relate to contravention ofsub-section (1) orsub-
, section (2) of section 25-O, also to an industrial establishment of a seasonal character
or in which work is performed only intermittently in which not less than one hundred
workmen were employed on an average per working day for the preceding twelve
months."— Karnataka Act 5 of 1988, S. 5 (w.e.f. 7-4-1988).
State Amendments—Maharashtra
In its application to the State of Maharashtra, in S. 25-K, after sub-S. (1), insert the
following sub-section, namely:
"(1-A) Without prejudice to the provisions of sub-section (1), the appropriate
Government may, from time to time, by notification in the Official Gazette, apply the
provisions ofsection 25-O and section 25-R in so far as it relates to contravention ofsubsection (1) or (2) of section 25-O, also to an industrial establishment (not being an
establishment of a seasonal character or in which work is performed only intermittently)
in which such number of workmen, which may be less than three hundred but not less
than one hundred, as may be specified in the notification, were employed on an average
per working day for the preceding twelve months." Maharashtra Act 3 of 1982, S. 2
(w.r.e.f. 27-10-1981).
State Amendments—Orissa
In its application to the State of Orissa, in S. 25-K (1), for the words "three hundred",
substitute "one hundred”. —Orissa Act 6 of 1983, S. 2 (w.e.f. 21-2-1983).
State Amendments—Rajasthan
In its application to the State of Rajasthan, in S. 25-K, aftersub-S. (1), insert the following
sub-section, namely:
"(1-A) Without prejudice to the provisions contained in sub-section (1), the State
Government may, if satisfied that maintenance of industrial peace or prevention of
victimisation of workmen so requires, by notification in the Official Gazette, apply the
provisions of this Chapter to an industrial establishment; (not being an establishment of
a seasonal character or in which work is performed only intermittently) in which such
number of workmen, which may be less than three hundred but not less than one
hundred, as may be specified in the notification, were employed on an average per
72
working day for the preceding twelve months.--Rajasthan Act 8 of 1984, S. 2 (w.e.f. 14-
4-1984).
State Amendments—West Bengal
In its application to the State of West Bengal, in sub-S. (1) of S. 25-K, for the words "three
hundred", substitute "fifty”. —W.B. Act 57 of 1980, S. 16.
State Amendments—Himachal Pradesh
In Section 25 K of the principal Act, in sub-section (1), for the words "one hundred",
the words "two hundred" shall be substituted.
(1) The provisions of this Chapter shall apply to an industrial establishment (not being
an establishment of a seasonal character or in which work is performed only
intermittently) in which not less than 188[two hundred] workmen were employed
on an average per working day for the preceding twelve months.
State Amendments-Gujarat
In the principal Act, in section 25K,-
(i) in sub-section (1), for the words “one hundred”, the words “three hundred” shall
be substituted;
(1) The provisions of this Chapter shall apply to an industrial establishment (not
being an establishment of a seasonal character or in which work is
performed only intermittently) in which not less than 189[three hundred]
workmen were employed on an average per working day for the preceding
twelve months.
(ii) after sub-section (1), the following sub-section shall be inserted, namely:
(1A) 190[Without prejudice to the provisions of sub-section (1), the State
Government may, if satisfied that the maintenance of industrial peace or
prevention of victimization of workmen so requires, by notification in the
Official Gazette, apply the provision of this Chapter to an industrial
establishment (not being an establishment of a seasonal character or in
which work is performed only intermittently) in which such number of
workmen which may be less than three hundred but not less than one
hundred, as may be specified in the notification, were employed on an
average per working day for the preceding twelve months.]
State Amendment – Karnataka
In the Industrial Disputes Act, 1947 (Central Act No.14 of 1947), in section 25K,-
(i) in sub-section (1), for the words "one hundred", the words "three hundred", shall be
substituted; and (ii) in sub-section (1A), for the words "one hundred", the words "three
hundred", shall be substituted.
(1) The provisions of this Chapter shall apply to an industrial establishment (not being
an establishment of a seasonal character or in which work is performed only
intermittently) in which not less than 191[three hundred] workmen were employed
on an average per working day for the preceding twelve months.
73
(1-A) Notwithstanding anything contained in sub-section (1), the State Government
may, from time to time, by notification in the Official Gazette, apply the provisions
of, sections 25-O and 25-R in so far as they relate to contravention of sub-section
(1) or sub-, section (2) of section 25-O, also to an industrial establishment of a
seasonal character or in which work is performed only intermittently in which not
less than 192[three hundred] workmen were employed on an average per working
day for the preceding twelve months.
STATE AMENDMENT – PUNJAB
In the principal Act, for section 25K, the following section shall be substituted, namely:
25K.
(1) 193[The provisions of this Chapter shall apply to an industrial establishment
(not being an establishment of a seasonal character or in which work is
performed only intermittently) in which not less than three hundred
workmen were employed on an average per working day for the preceding
twelve months.
(2) Without prejudice to the provisions ofsub-section (1), the State Government
may, if satisfied that maintenance of industrial peace or prevention of
victimization of workmen so requires, by notification in the Official Gazette
apply the provisions of this Chapter to an industrial establishment (not being
an establishment of a seasonal character or in which work is performed only
intermittently) in which less than three hundred workmen but not less than
one hundred workmen, as may be specified in the notification, were
employed on an average per working day for the preceding twelve months.
(3) 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.]
STATE AMENDMENT – JAMMU AND KASHMIR
In Section 25K, in sub-section (1), for – “one hundred”, substitute “three hundred”.
(1) The provisions of this Chapter shall apply to an industrial establishment (not being an
establishment of a seasonal character or in which work is performed only intermittently)
in which not less than 194[three hundred] workmen were employed on an average per
working day for the preceding twelve months.
25-L. Definitions
For the purposes of this Chapter,
(a) "industrial establishment" means;
(i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63
of 1948);
(ii) a mine as defined in clause (i) of sub- section (1) of section 2 of the Mines
Act, 1952 (35 of 1952); or
(iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour
Act, 1951 (69 of 1951);
74
(b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2,
(i) in relation to any company in which not less than fifty-one per cent. of the
paid-up share capital is held by the Central Government, or
(ii) in relation to any corporation [not being a corporation referred to in subclause (i) of clause (a) of section 2] established by or under any law made by
Parliament, the Central Government shall be appropriate Government.
State Amendment---Rajasthan
In its application to the State Rajasthan, in Cl. (b) of S. 25-L, for the expression "the
Central Government shall be the appropriate Government", substitute "the State
Government shall have no powers under this Chapter”. —Rajasthan Act 8 of 1984, S.3
(w.e.f. 14-4-1984).
25-M. Prohibition of lay-off
(1) No workman (other than a badli workman or a casual workman) whose name is
borne on the muster rolls of an industrial establishment to which this Chapter
applies shall be laid-off by his employer except 195[with the prior permission of
the appropriate Government or such authority as may be specified by that
Government by notification in the Official Gazette (hereinafter in this section
referred to as the specified authority), obtained on an application made in this
behalf, unless such lay-off is due to shortage of power or to natural calamity,
and in the case of a mine, such lay-off is due also to fire, flood, excess of
inflammable gas or explosion].
(2) 196[An application for permission under sub-section (1) shall be made by the
employer in the prescribed manner stating clearly the reasons for the intended
lay-off and a copy of such application shall also be served simultaneously on the
workmen concerned in the prescribed manner.
(3) Where the workman (other than badli workmen or casual workmen) of an
industrial establishment, being a mine, have been laid- off under sub-section (1)
for reasons of fire, flood or excess of inflammable gas or explosion, the
employer, in relation to such establishment, shall, within a period of thirty days
from the date of commencement of such lay-off, apply, in the prescribed manner,
to the appropriate Government or the specified authority for permission to
continue the lay-off.
(4) Where an application for permission under sub-section (1) or sub-section (3) has
been made, the appropriate Government or the specified authority, after
making such enquiry as it thinks fit and after giving a reasonable opportunity of
being heard to the employer, the workmen concerned and the persons interested
in such lay-off, may, having regard to the genuineness and adequacy of the
reasons for such lay-off, the interests of the workmen and all other relevant
factors, by order and for reasons to be recorded in writing, grant or refuse to grant
such permission and a copy ofsuch order shall be communicated to the employer
and the workmen.
(5) Where an application for permission under sub-section (1) or sub-section (3) has
been made and the appropriate Government or the specified authority does not
75
communicate the order granting or refusing to grant permission to the employer
within a period of sixty days from the date on which such application is made, the
permission applied for shall be deemed to have been granted on the expiration of
the said period of sixty days.
(6) An order of the appropriate Government or the specified authority granting or
refusing to grant permission shall, subject to the provisions of sub-section (7), be
final and binding on all the parties concerned and shall remain in force for one
year from the date of such order.
(7) The appropriate Government or the specified authority may, either on its own
motion or on the application made by the employer or any workman, review its
order granting or refusing to grant permission under sub-section (4) or refer the
matter or, as the case may be, cause it to be referred, to a Tribunal for
adjudication:
Provided that where a reference has been made to a Tribunal under this subsection, it shall pass an award within a period of thirty days from the date of such
reference.
(8) Where no application for permission under sub-section (1) is made, or where no
application for permission under sub-section (3) is made within the period
specified therein, or where the permission for any lay-off has been refused, such
lay-off shall be deemed to be illegal from the date on which the workmen had
been laid-off and the workmen shall be entitled to all the benefits under any law
for the time being in force as if they had not been laid-off.
(9) Notwithstanding anything contained in the foregoing provisions of this
section, the appropriate Government may, if it is satisfied that owing to such
exceptional circumstances as accident in the establishment or death of the
employer or the like, it is necessary so to do, by order, direct that the
provisions of sub- section (1), or, as the case may be, sub-section (3) shall not
apply in relation to such establishment for such period as may be specified in the
order.
(10) 197[The provisions of section 25C (other than the second proviso thereto) shall
apply to cases of lay-off referred to in this section.
Explanation: For the purposes of this section, a workman shall not be deemed to
be laid-off by an employer if such employer offers any alternative employment
(which in the opinion of the employer does not call for any specialskill or previous
experience and can be done by the workman) in the same establishment from
which he has been laid-off or in any other establishment belonging to the same
employer, situate in the same town or village, or situate within such distance
from the establishment to which he belongs that the transfer will not involve
undue hardship to the workman having regard to the facts and circumstances of
his case, provided that the wages which would normally have been paid to the
workman are offered for the alternative appointment also.
State Amendment---Rajasthan
In its application to the State of Rajasthan, in S. 25-M,
76
(a) in sub-S. (1), between the expression "this Chapter applies" and the expression "shall
be laid off", the expression "or is applied under sub-section (1-a) of section 25-K" and
for the expression “appropriate Government”, substitute the expression “State
Government”;
(b) in sub-S. (2), for the expression “(Amendment) Act, 1976”, substitute “Rajasthan
(Amendment) Act, 1984”;
(c) for sub-S. (3),substitute the following sub-section, namely:
“(3) In the case of every application for permission under sub-section (1) or sub-section
(2), the employer shall state clearly the reasons due to which he intends to lay-off or
continue the lay-off of a workman and a copy of such application shall be served on the
workman intended to be laid-off or continued to be laid-off by registered post with
acknowledgment due.
(4) Where an application for permission has been made under sub-section (1) or subsection(2), the authority to whom the application has been made, after making such
enquiry as it thinks fit and after giving reasonable opportunity of being heard to the
employer and the workman, may, having regard to the genuineness and adequacy of
the reasons stated by the employer, the terms of contract of service and the standing
orders governing the establishment, by order and for reasons to be recorded in writing
grant or refuse to grant such permission and such order shall be communicated to the
employer and the workman."
(d) renumber the existing sub-S. (4) as sub-S. (5) thereof;
(e) aftersub-S. (5) as so re-numbered, insert the following sub-sections, namely:
"(6) An order of the authority specified under sub-section (1) granting or refusing to
grant permission shall, subject to the provisions of sub-section (7), be final and binding
on both the parties.
(7) The authority specified undersub-section (1) may, either of its own motion or on the
application made by the employer or the workman, review its order granting or refusing
to grant permission under sub-section (4) or refer the matter to the Labour Court having
jurisdiction for adjudication:
Provided that where a reference has been made to a Labour Court under this subsection, it shall pass an award within a period of thirty days from the date of such
reference"; and
(f) renumber the existing sub-Ss. (5) and (6) as sub-Ss. (8) and (9) thereof. —Rajasthan,
Act 8 of 1984, S. 4 (w.e.f. 144-1984).
State Amendments—West Bengal
In its application to the State of West Bengal, in sub-S. (4) of S. 25-M, for the words "two
months" substitute "three months”. —W.B. Act 57 of 1980, S. 17.
25-N. Conditions precedent to retrenchment of workmen
(1) No workman employed in any industrial establishment to which this Chapter
applies, who has been in continuous service for not less than one year under an
employer shall be retrenched by that employer until,
77
(a) the workman has been given three months’ notice in writing indicating the
reasons for retrenchment and the period of notice has expired, or the
workman has been paid in lieu of such notice, wages for the period of the
notice; and
(b) the prior permission of the appropriate Government or such authority as
may be specified by that Government by notification in the Official Gazette
(hereafter in this section referred to as the specified authority) has been
obtained on an application made in this behalf.
(2) An application for permission undersub-section (1) shall be made by the employer
in the prescribed manner stating clearly the reasons for the intended
retrenchment and a copy of such application shall also be served simultaneously
on the workmen concerned in the prescribed manner.
(3) Where an application for permission under sub-section (1) has been made, the
appropriate Government or the specified authority, after making such enquiry
as it thinks fit and after giving a reasonable opportunity of being heard to the
employer, the workmen concerned and the persons interested in such
retrenchment, may, having regard to the genuineness and adequacy of the
reasons stated by the employer, the interests of the workmen and all other
relevant factors, by order and for reasonsto be recorded in writing, grant orrefuse
to grant such permission and a copy of such order shall be communicated to the
employer and the workmen.
(4) Where an application for permission has been made under sub- section (1) and
the appropriate Government or the specified authority does not communicate
the order granting or refusing to grant permission to the employer within a period
of sixty days from the date on which such application is made, the permission
applied for shall be deemed to have been granted on the expiration of the said
period of sixty days.
(5) An order of the appropriate Government or the specified authority granting or
refusing to grant permission shall, subject to the provisions of sub-section (6), be
final and binding on all the parties concerned and shall remain in force for one
year from the date of such order.
(6) The appropriate Government or the specified authority may, either on its own
motion or on the application made by the employer or any workman, review its
order granting or refusing to grant permission under sub-section (3) or refer the
matter or cause it to be referred, to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this subsection, it shall pass an award within a period of thirty days from the date of such
reference.
(7) Where no application for permission under sub-section (1) is made, or where the
permission for any retrenchment has been refused, such retrenchment shall be
deemed to be illegal from the date on which the notice of retrenchment was given
to the workman and the workman shall be entitled to all the benefits under any
law for the time being in force as if no notice had been given to him.
78
(8) Notwithstanding anything contained in the foregoing provisions of this section,
the appropriate Government may, if it is satisfied that owing to such exceptional
circumstances as accident in the establishment or death of the employer or the
like, it is necessary so to do, by order, direct that the provisions of sub- section (1)
shall not apply in relation to such establishment for such period as may be
specified in the order.
(9) Where permission for retrenchment has been granted under sub- section (3) or
where permission for retrenchment is deemed to be granted under sub-section
(4), every workman who is employed in that establishment immediately before
the date of application for permission under this section shall be entitled to
receive, at the time of retrenchment, compensation which shall be equivalent
to fifteen days' average pay for every completed year of continuous service or
any part thereof in excess of six months.]
State Amendment---Rajasthan
In its application to the State of Rajasthan, in S. 25-N, —(a) in sub-S. (1),
(i) between the expression "this Chapter applies" and the expression “who been”, insert
the expression “or is applied under sub-section (1-A) of section 25-K”; and
(ii) for Cl. (c), substitute the following clause, namely:
“(c) three months; notice in writing stating clearly the reasons for retrenchment is
served on the State Government or such authority as may be specified by the State
Government by notification in the Official Gazette by registered post with
acknowledgment due, and the permission of the State Government or of such authority
is obtained under sub-section (2)”;
(b) for sub-section (2),substitute the following sub-sections, namely:
"(2) On receipt of a notice under clause (c) of sub-section (1), the State Government, or
authority, after making such enquiry as it thinks fit and after giving reasonable
opportunity of being heard to the employer, the workman and the office-bearer of the
representative union of the concerned industrial establishment, may, having regard,
genuineness and adequacy of the reasons stated by the employer, requirements of
industrial peace, prevention of victimisation and unfair labour practice, by order reasons
to be recorded in writing grant or refuse to grant such permission and such or shall be
communicated to the employer, the workman and the office-bearer of representative
union";
(c) in sub-S. (4), substitute for the expression "(Amendment) Act, 1976", expression
"(Rajasthan Amendment) Act, 1984", for the expression "(a) of section expression "(c)
of sub-section (1)", for the word "appropriate", the word "State" and forty expression
"sub-section (2)", the expression "the said clause of the said sub-sere respectively;
(d) in sub-S. (5), for the word "appropriate", substitute "State";
(e) aftersub-S. (5), insert the following sub-sections, namely:
"(6) An order of the State Government or the authority granting or refusing to grant
permission shall, subject to the provisions of sub-section (7), be final and binding all the
parties and shall remain in force for one year from the date of such order.
79
(7) The State Government or the authority may, either or own motion or on the
application made by the employer or the workman, review its granting or refusing to
grant permission undersub-section (2) or refer the matter' Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section,
shall pass an award within a period of thirty days from the date of such reference.";
(f) renumber the existing sub-Ss. (6) and (7) as sub-Ss. (8) and (9) thereof, respectively;
and
(g) in sub-S. (9), as so renumbered,
(i) for the expression "(Amendment) Act, 1976", substitute “(Rajasthan Amendment)
Act, 1984";
(ii) delete the expression "or the Central Government";
(iii) for the word "appropriate", wherever occurring, substitute "State"; and
(iv) for the expression "and any order passed by such authority shall be final and binding
on the employer and the workman or workmen", substitute "and while deciding such
mattershall proceed to hold the enquiry in the manner and have regard to review under
the proviso to this sub-section, be final and binding on the employer and the workman
or workmen:
Provided that such authority as aforesaid may, either on its own motion or on the
application made by the employer or the workman, review the order passed by it under
this sub-section or refer the matter to a Tribunal for adjudication and to such reference,
the provisions contained in the proviso to sub-section (7) shall, mutatis mutandis,
apply”. --Rajasthan Act 8 of 1984, S. 5 (w.e.f. 14-4-1984).
State Amendment-Gujarat
In the principal Act, in section 25N,-
(i) in sub-section (1), in clause (a), the words “or the workman has been paid in lieu
of such notice, wages for the period of the notice” shall be deleted;
(a) the workman has been given three months’ notice in writing indicating the
reasonsfor retrenchment and the period of notice has expired, 198[***]; and
(ii) in sub-section (9), the words “and an amount equivalent to his last three months
average pay” shall be added at the end.
(9) Where permission for retrenchment has been granted under sub- section (3)
or where permission for retrenchment is deemed to be granted under subsection (4), every workman who is employed in that establishment
immediately before the date of application for permission under this
section shall be entitled to receive, at the time of retrenchment,
compensation which shall be equivalent to fifteen days' average pay for
every completed year of continuous service or any part thereof in excess
of six months.] 199[and an amount equivalent to his last three months
average pay]
State Amendment – Punjab
In the principal Act, in section-25 N,-
80
(i) in sub-section (1), in clause (a), the signs and words," or the workmen has been
paid in lieu of such notice, wages for the period of the notice" shall be omitted;
and
(ii) in sub-section (9), after the words "six months", the following words shall be
added, namely:-
"and an amount equivalent to his three months average pay".
(a) the workman has been given three months’ notice in writing indicating the
reasons for retrenchment and the period of notice has expired, s200[****];
and
(9) Where permission for retrenchment has been granted under sub- section (3)
or where permission for retrenchment is deemed to be granted under subsection (4), every workman who is employed in that establishment
immediately before the date of application for permission under this
section shall be entitled to receive, at the time of retrenchment,
compensation which shall be equivalent to fifteen days' average pay for
every completed year of continuous service or any part thereof in excess
of six months 201[and an amount equivalent to his three months average
pay.]
25-O. 202[Procedure for closing an undertaking
(1) An employer who intends to close down an undertaking of an industrial
establishment to which this Chapter applies shall, in the prescribed manner,
apply, for prior permission at least ninety days before the date on which the
intended closure is to become effective, to the appropriate Government, stating
clearly the reasons for the intended closure of the undertaking and a copy of
such application shall also be served simultaneously on the representatives of the
workmen in the prescribed manner:
Provided that nothing in this sub-section shall apply to an undertaking set up for
the construction of buildings, bridges, roads, canals, dams or for other
construction work.
(2) Where an application for permission has been made under sub- section (1), the
appropriate Government, after making such enquiry as it thinksfit and after giving
a reasonable opportunity of being heard to the employer, the workmen and the
persons interested in such closure may, having regard to the genuineness and
adequacy of the reasons stated by the employer, the interests of the general
public and all other relevant factors, by order and for reasons to be recorded
in writing, grant or refused to grant such permission and a copy of such order
shall be communicated to the employer and the workman.
(3) Where an application has been made under sub-section (1) and the appropriate
Government does not communicate the order granting or refusing to grant
permission to the employer within a period of sixty days from the date on which
such application is made, the permission applied forshall be deemed to have been
granted on the expiration of the said period of sixty days.
81
(4) An order of the appropriate Government granting or refusing to grant permission
shall, subject to the provisions of sub-section (5), be final and binding on all the
parties and shall remain in force for one year from the date of such order.
(5) The appropriate Government may, either on its own motion or on the application
made by the employer or any workman, review its order granting or refusing to
grant permission under sub-section (2) or refer the matter to a Tribunal for
adjudication:
Provided that where a reference has been made to a Tribunal under this subsection, it shall pass an award within a period of thirty days from the date of such
reference.
(6) Where no application for permission under sub-section (1) is made within the
period specified therein, or where the permission for closure has been refused,
the closure of the undertaking shall be deemed to be illegal from the date of
closure and the workmen shall be entitled to all the benefits under any law for the
time being in force as if the undertaking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provisions of this section,
the appropriate Government may, if it is satisfied that owing to such exceptional
circumstances as accident in the undertaking or death of the employer or the like
it is necessary so to do, by order, direct that the provisions of sub-section (1) shall
not apply in relation to such undertaking forsuch period as may be specified in the
order.
(8) Where an undertaking is permitted to be closed down under sub-section (2) or
where permission for closure is deemed to be granted undersub-section (3), every
workman who is employed in that undertaking immediately before the date of
application for permission under this section, shall be entitled to receive
compensation which shall be equivalent to fifteen days' average pay for every
completed year of continuous service or any part thereof in excess ofsix months.]
State Amendments---Madhya Pradesh
In its application to the State of Madhya Pradesh, for S. 25-O, substitute the following
section, namely:
“25-O. Procedure for closing down an undertaking: (1) An employer who intendsto close
down an undertaking of an industrial establishment to which this Chapter applies shall
apply for prior permission at least ninety days before the date on which the intended
closure is to be become effective, to the State Government, stating clearly the reasons
for the intended closure of the undertaking and a copy of such application shall also be
served simultaneously on the representatives of the workmen by registered post with
acknowledgment due.
(2) Where a notice has been served on the State Government by an employer undersubsection (1) of section 25-FFA and the period of notice has not expired on the 5th August
1983, such employer shall not close down the undertaking but shall, within a period of
fifteen days from the said date, apply to the State Government for permission to close
down the undertaking.
82
(3) Where an application for permission has been made under sub-section (1) or subsection (2), the State Government, after making such enquiry as it thinks fit and after
rea a reasonable opportunity of being heard to the employer, the workmen and the
personsinterested in such closure, may, having regard to the genuineness and adequacy
of the reasons stated by employer, the interest of the general public and all other
relevant factors, by order and for reasons to be recorded in writing, grant or refuse to
grant such permission and a copy of such order shall be communicated to the employer
and the workmen.
(4) Where an application has been made under sub-section (1) or sub-section (2) as the,
may be, and the State Government does not communicate the order granting or refusing
to grant permission to the employer within a period ofsixty days from the date on which
such application is made, the permission applied for shall be deemed to have been
granted on the expiration of the said period of sixty days.
(5) An order of the State Government granting or refusing to grant permission shall,
subject to the provisions of sub-section (6), be final and binding on all the parties and
shall remain in force for one year from the date or such order.
(6) The State Government may, either on its own motion or the application made by the
employer or any workman, review its order granting or refusing to grant permission
under sub-section (3) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it,
shall pass an award within a period of thirty days from the date of such reference.
(7) Where no application for permission under sub-section (1) or sub-section (2) made
within the period specified therein, or where the permission for closure has been
refused, the closure of undertaking shall be deemed to be illegal from the date of closure
and the workmen shall be entitled to all the benefits under any law for the time being
in force as if the undertaking had not been closed down.
(8) Notwithstanding anything contained in the foregoing provisions of this section, the
State Government may, if it is satisfied that owing to such exceptional circumstances as
accident in the undertaking or death of the employer or the like it is necessary so to do,
by order, direct that the provisions of sub-section (1) shall not apply in relation to such
undertaking for such period as may be specified in the order.
(9) Where an undertaking is permitted to be closed down under sub-section (3) or where
permission for closure is deemed to be granted under sub-section (4), even-workman
who is employed in that undertaking immediately before the date of application for
permission under this section, shall be entitled to receive compensation which shall be
equivalent of fifteen days' average pay for every completed year of continuous service
or any part thereof in excess of six months."—Madhya Pradesh Act 32 of 1983, S. 3
(w.e.f. 28-10-1983).
Maharashtra
In its application to the State of Maharashtra, for S. 25-0, substitute the following
section, namely:
"25-O. Application to be made for obtaining permission to close down any undertaking
ninety days before closure: (1) An employer, who intends to close down an undertaking
83
of an industrial establishment to which this Chapter applies,shallsubmit, for permission,
at least ninety days before the date on which the intended closure is to become
effective, an application, in the prescribed manner, to the appropriate Government,
stating clearly the reasons for the intended closure of the undertaking. A copy of such
application shall be served by the employer simultaneously on the representatives of
the workmen in the prescribed manner:
Provided that, nothing in this sub-section shall apply to an undertaking set up for the
construction of building, bridges, roads, canals, dams, or other construction works.
(2) On receipt of an application under sub-section (1), the appropriate Government,
after holding such inquiry as it deems fit, and after giving a reasonable opportunity of
being heard to the applicant and the representatives of the workmen, may, for the
reasons to be recorded in writing, by order grant the permission for closure, or if it is
satisfied that the reasons given for the intended closure of the undertaking are not
adequate and sufficient, or are not urged in good faith or are grossly unfair or unjust,
and in any case such closure would be prejudicial to the interests of the general public,
it may, for the reasonsto be recorded in writing, by order refuse to grant the permission
and direct the employer not to close such undertaking. A copy of any decision given by
the appropriate Government under this sub-section shall be sent by it simultaneously to
the representatives of the workmen.
(3) Where an application for permission has been made under sub-section (1), and the
appropriate Government does not communicate the refusal to grant the permission to
the employer, within a period of sixty days form the date of receipt of the application by
it, the permission applied for shall be deemed to have been granted on the expiration
of the said period of sixty days.
(4) Any employer or any workman affected by any order made under sub-section (2) or
any workman affected by the permission deemed to be granted under sub-section (3),
may, within thirty days from the date of the order or from the date from which the
permission is deemed to be granted, as the case may he, prefer an appeal to such
Industrial Tribunal as may be specified by the appropriate Government by notification
in the Official Gazette for such area or areas or for the whole State, as may he specified
therein. The Industrial Tribunal shall, after holding such inquiry as it deems fit, as far as
possible within thirty days from the date of filing the appeal, pass an order, either
affirming or setting aside the order of the appropriate Government or the permission
deemed to be granted, as the case may be.
(5) Any order made by the appropriate Government under sub-section (2) or any
permission deemed to be granted under sub-section (3), subject to an appeal to the
Industrial Tribunal, and any order made by the Industrial Tribunal in such appeal, shall
be final and binding on all the parties concerned.
(6) Any order refusing to grant permission for closure made by the appropriate
Government under sub-section (2) shall remain in force for a period of one year from
the date of such order, unless it is set aside earlier by the Industrial Tribunal in appeal.
(7) When no application for permission under sub-section (1) is made, or where the
permission for closure has been refused, the closure of the undertaking shall be deemed
84
to be illegal from the date of closure, and the workman shall be entitled to all the
benefits under any law for the time being in force, as if no notice has been given to him.
(8) Notwithstanding anything contained in sub-section (1), the appropriate Government
may, if it is satisfied that owning to such exceptional circumstances as accident in the
undertaking or death of the employer orthe like, it is necessary so to do, by order, direct
that the provisions of sub-section (1) shall not apply in relation to such undertaking for
such period as may he specified in the order.
(9) Where an undertaking is permitted to be closed down under sub-section (2) or where
permission for closure is deemed to be granted under sub-section (3), every workman
in the said undertaking, who has been in continuous service for not less than one year
in that undertaking immediately before the date of application for permission under this
section, shall he entitled to notice and compensation as specified in section 25-N, as if
the said workman has been retrenched under that section."—Maharashtra Act 3 of
1982, S. 3 (w.e.f. 27-10-1981).
Orissa
In its application to the State of Orissa, for S. 25-0, substitute the following section,
namely:
"25-O. Procedure for closing down an undertaking,—(1) An employer who intends to
close down an undertaking of an industrial establishment to which this Chapter applies,
shall, in the prescribed manner, apply, for prior permission at least ninety days before
the date on which the intended closure is to become effective, to the appropriate
Government, stating clearly the reasons for the intended closure of the undertaking and
a copy of such application shall also he served simultaneously on the representatives of
the workmen in the prescribed manner:
Provided that nothing in this sub-section shall apply to an undertaking set up for the
construction of buildings, bridges, roads, canals, dams or for other construction works.
(2) Where an application for permission has been made under sub-section (1), the
appropriate Government, after making such enquiry as it thinks fit and after giving a
reasonable opportunity of being heard to the employer, the workmen and the person
interested in such closure may, having regard to the genuineness and adequacy of the
reasonsstated by the employer, the interests of the general public and all other relevant
factors, by order and for reasons to be recorded in writing, grant or refuse to grant such
permission and a copy of such order shall be communicated to the employer and the
workmen.
(3) Where an application has been made under sub-section (1) and the appropriate
Government does not communicate the order granting or refusing to grant permission
to the employer within a period of sixty days from the date on which such application is
made, the permission applied for shall be deemed to have been granted on the
expiration of the said period of sixty days.
(4) An order of the appropriate Government granting or refusing to grant permission
shall, subject to the provisions of sub-section (5), be final and binding on all the parties
and shall remain in force for one year from the date of such order.
85
(5) The appropriate Government may, either on its own motion or on the application
made by the employer or any workman, review its order granting or refusing to grant
permission under sub-section (2) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it
shall pass an award within a period of thirty days from the date of such reference.
(6) Where no application for permission under sub-section (1) is made within the period
specified therein, or where the permission for closure has been ref-used, the closure of
the undertaking shall be deemed to be illegal from the date of closure and the workmen
shall be entitled to all the benefits under any law for the time being in force as if the
undertaking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provisions of this section, the
appropriate Government may, if it is satisfied that owing to such exceptional
circumstances as accident in the undertaking or death of the employer or the like it is
necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply
in relation to such undertaking for such period as may be specified in the order.
(8) Where an undertaking is permitted to be closed down under sub-section (2) or where
permission for closure is deemed to be granted under sub-section (3), every workman
who is employed in that undertaking immediately before the date of application for
permission under this section, shall be entitled to receive compensation which shall be
equivalent of fifteen days' average pay for every completed year of continuous service
or any part thereof in excess of six months."—Orissa Ordinance 3 of 1983, S. 3 (w.e.f.
21-2-1983).
State Amendments—Rajasthan
In its application to the State of Rajasthan, for S. 25-0, substitute the following section,
namely:
"25-O. Procedure for closing down an undertaking.—(1) An employer who intends to
close down an undertaking of an industrial establishment to which this Chapter applies
including an employer who has served a notice under sub-section (1) of section 25-FFA
on the State Government of his intention to close down such an undertaking but the
period of such a notice has not expired at the commencement of the Industrial Disputes
(Rajasthan Amendment) Ordinance, 1983,shall apply for prior permission at least ninety
days before the date on which the intended closure is to become effective, to the State
Government,stating clearly the reasons for the intended closure of the undertaking and
copy of such-application shall also be served simultaneously on the representatives of
the workmen by registered post with acknowledgment due.
(2) Where an application for permission has been made under sub-section (1), the State
Government, after making such enquiry as it thinks fit and after giving reasonable
Opportunity of being heard to the employer, the workmen and the persons interested
in such closure may, having regard to the genuineness and adequacy of the reasons
stated by employer, the interests of the general public and all other relevant factors, by
order and for reasons to be recorded writing, grant or refuse to grant such permission
and a copy of such order shall be communicated to the employer and the workmen.
(3) Where an application has been made under sub-section (1) and the appropriate
Government does not communicate the order granting or refusing to grant permission
86
to the employer within a period of sixty days from the date on which such application is
made, the permission applied for shall be deemed to have been granted on the
expiration of the said period of sixty days.
(4) An order of the State Government granting or refusing to grant permission shall,
subject to the provisions of sub-section (5), be final and binding on all the parties and
shall remain in force for one year from the date of such order.
(5) The State Government may, either on its own motion or on the application made by
the employer or any workman, review its order granting or refusing to grant permission
under sub-section (2) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it
shall pass an award within a period of thirty days from the date of such reference.
(6) Where no application for permission under sub-section (1) is made within the period
specified therein, or where the permission for closure has been ref-used, the closure of
the undertaking shall be deemed to be illegal from the date of closure and the workmen
shall be entitled to all the benefits under any law for the time being in force as if the
undertaking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provisions of this section, the
State Government may, if it is satisfied that owing to such exceptional circumstances as
accident in the undertaking or death of the employer or the like it is necessary so to do,
by order, direct that the provisions of sub-section (1) shall not apply in relation to such
undertaking for such period as may be specified in the order.
(8) Where an undertaking is permitted to be closed down under sub-section (2) or where
permission for closure is deemed to be granted under sub-section (3), every workman
who is employed in that undertaking immediately before the date of application for
permission under this section, shall be entitled to receive compensation which shall be
equivalent of fifteen days' average pay for every completed year of continuous service
or any part thereof in excess of six months."—Rajasthan Act 8 of 1984, S.6 (w.e.f. 14-4-
1984).
State Amendments—West Bengal
In its application to the State of West Bengal, in S. 25-O,
(a) in sub-S. (1), after the first proviso, insert the following proviso, namely:
Provided further that every application for permissions to dose down an undertaking
shall, having regard to the first proviso to section 25-FFF, contain the particulars of the
quantum, mode, manner and time of payment of compensation to the workmen, in the
manner prescribed, and such employer shall furnish such guarantee as may be required
by the appropriate Government to discharge his liability for payment of compensation
and otherstatutory dues to the workmen in the event of such permission being granted
under sub-section (2) or deemed to have been granted under sub-section (3)";
(b) aftersub-S. (1), insert the following sub-section, namely:
(1-A) Where an application for permission has been made under sub-section (1), the
appropriate Government may, having regard to the reasons adduced in such application
and the interests of the undertaking and the concerned workmen, issue such directions
87
as may be necessary for maintaining normalcy and continuity of work during the notice
period";
(c) to sub-S. (6), add the following Explanation, namely:
"Explanation: Benefits under any law shall include benefits under any contract,
agreement, award or settlement under any law";
(d) aftersub-S. (7), insert the following sub-section, namely:
"(7-A) Every order of the appropriate Government under sub-section (7) shall indicate,
for reasons to be recorded, the extent to which compensation computed under subsection (8) shall be payable in the case, having regard to the facts and circumstances of
the same and for securing such payment, the appropriate Government may obtain such
information and guarantee specified in the second proviso to sub-section (1) as may be
considered necessary”;
(e) in sub-S (8), after the words "shall be entitled to receive", insert "in addition to all al
dues. (including gratuity)’. —W. B Act 33 of 1989, S 5 (w.e.f 8-12-1989).
State Amendment-Gujarat
In the principal Act, in section 25-O, in sub-section (8), the words “and an amount
equivalent to his last three months average pay” shall be added at the end.
(8) Where an undertaking is permitted to be closed down under sub-section (2) or
where permission for closure is deemed to be granted undersub-section (3), every
workman who is employed in that undertaking immediately before the date of
application for permission under this section, shall be entitled to receive
compensation which shall be equivalent to fifteen days' average pay for every
completed year of continuous service or any part thereof in excess of six months.]
203[and an amount equivalent to his last three months average pay]
State Amendment – Punjab
In the principal Act, in section 25-O, in sub-section (8), after the words "six months" the
following words shall be amended, namely:-
"and an amount equivalent to his three months average pay."
(8) [Where an undertaking is permitted to be closed down under sub-section (2) or
where permission for closure is deemed to be granted undersub-section (3), every
workman who is employed in that undertaking immediately before the date of
application for permission under this section, shall be entitled to receive
compensation which shall be equivalent to fifteen days' average pay for every
completed year of continuous service or any part thereof in excess of six months
204[and an amount equivalent to his three months average pay].]
25-P. Special provision as to restarting of undertakings closed down before commencement
of the Industrial Disputes (Amendment) Act, 1976
If the appropriate Government is of opinion in respect of any undertaking of an industrial
establishment to which this Chapter applies and which closed down before the
commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976),
88
(a) that such undertaking was closed down otherwise than on account of unavoidable
circumstances beyond the control of the employer;
(b) that there are possibilities of restarting the undertaking;
(c) that it is necessary for the rehabilitation of the workmen employed in such
undertaking before its closure or for the maintenance of supplies and services
essential to the life of the community to restart the undertaking or both; and
(d) that the restarting of the undertaking will not result in hardship to the employer
in relation to the undertaking, it may, after giving an opportunity to such employer
and workmen, direct, by order published in the Official Gazette, that the
undertaking shall be restarted within such time (not being less than one month
from the date of the order) as may be specified in the order.
State Amendments---Rajasthan
In its application to the State of Rajasthan,
(i) for S. 25-P, substitute the following section, namely:
“25-P. Special provisions as to restarting of undertaking closed down before
commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984: Where
the undertaking of an industrial establishment to which this Chapter applies had been
closed down before the commencement of the Industrial Disputes (Rajasthan
Amendment) Act, 1984 and the State Government, after giving reasonable opportunity
of being heard to the employer, workmen and the office bearer of the representative
union of the concerned industrial establishment and after making such enquiry as it
thinks fit, is satisfied that,
(a) such undertaking was closed down otherwise than on account of unavoidable
circumstances beyond the control of the employer;
(b) there are possibilities of restarting the undertaking;
(c) it is necessary for the rehabilitation of the workmen employed in such undertaking
before its closure or for the maintenance of supplies and services essential to the life of
the community or both to restart the undertaking; and
(d) the restarting of the undertaking will not result in hardship to the employer in
relation to the undertaking, it may direct, by order published in the Official Gazette, that
the undertaking shall restarted within such time (not being less than one month from
the date of the order) as may be specified in the order.
(2) An order of the State Government directing the restarting of the undertaking under
sub-section (1) shall, subject to the provisions of sub-section (3) be final and binding on
all the parties.
(3) The State Government may either on its own motion or on the application made by
the employer and after giving to such employer, the workmen and the office-bearer of
the representative union of the concerned industrial establishment an opportunity of
being heard, review its order directing the restarting of the undertaking under subsection (1) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it
shall pass an award within a period of sixty days from the date of such reference and
89
pending award by the Tribunal, the undertaking shall continue to remain restarted.";
and
(ii) after S. 25-P, as so substituted, insert the following section, namely:
“25-PP. Special provision as to reinstatement of workmen retrenched before the
commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984: (1)
Notwithstanding award or order of Tribunal or any judgment, order or direction of any
Court upholding the validity of retrenchment lent of any workman employed in any
industrial establishment to which this Chapter applies who is retrenched at any time for
six months immediately before the commencement of the Industrial Disputes.
(Rajasthan Amendment Act, 1984, the State Government shall, either on its own motion
or on the application made by any such retrenched workman or by the office-bearer of
the representative union of tile concerned establishment, examine the validity of
retrenchment of such workman and if, after making such enquiry it thinks fit and after
giving reasonable opportunity of being heard to the employer, the retrenched workman,
or as the case may be, to such office bearer, it is satisfied that,
(a) the retrenchment of the workman was without genuine or adequate reasons;
(b) the retrenchment was by way of victimisation and unfair labour practice; and
(c) the reinstatement of the workman is required for maintaining industrial peace in the
industrial establishment, it shall, by order and for reasons to be recorded in writing,
direct the employer to reinstate the retrenched workman within such time as may be
specified in the order and if it is not so satisfied, it shall be such reasoned order uphold
the validity of retrenchment of the workman and shall communicate its order to the
employer and the workman.
(2) An order of the State Government undersub-section (1), subject to the order passed
by it as a result of review under sub-section (3) and, where a reference has been made
by it to a Tribunal under the said sub-section subject to the award passed by the
Tribunal, shall be final and binding on the employer and the workman.
(3) The State Government may, either on its own motion or on the application made 
bythe employer or the retrenched workman, review its order directing reinstatement 
of the retrenched workman or, as the case may be, the order upholding the validity or
retrenchment of the workman under sub-section (1) or refer the matter to a Tribunal
for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it
shall pass an award within a period of thirty days from the date of such reference."--
Rajasthan Act 8 of 1984, Ss. 7 and 8 (w.e.f. 14-4-1984).
State Amendments—West Bengal
In its application to the State of West Bengal,for S. 25-P,substitute the following section,
namely:
"25-P. Special provision the as to restarting of the undertaking closed down before the
commencement of the Industrial Disputes (West Bengal Second Amendment) Act, 1986
(1) If the appropriate Government is of opinion in respect of any undertaking of an
industrial establishment to which tis Chapter applies and which is closed down before
90
the commencement of the Industrial Disputes (West Bengal Second Amendment) Act,
1986,
(a) that such undertaking was closed dawn otherwise than on account of unavoidable
circumstances beyond the control of the employer,
(b) that there are possibilities of restarting the undertaking,
(c) that it is necessary for the rehabilitation of the workmen employed in such iceundertaking before its closure or for the maintenance of supplies and services essential
to the fife or the community to restart the undertaking or both; and
(d) that the restarting of the undertaking shall not result in hardship to the employer in
relation to the undertaking, it may, after giving such employer and workmen
opportunity of being heard, direct, by order published in the Official Gazette, that the
undertaking shall be restarted within such time (not being less than one month from the
date of the order) as may be specified in the order.
(2) Notwithstanding anything contained in sub-section. (1) the appropriate Government
may, either on its own motion or on the application made by the employer and after
giving the employer and the workmen an opportunity of being heard, review its order
the under sub-section (1) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it
shall pass an award within a period of sixty days from the date of such reference and,
pending such award, the undertaking shall not be closed down." W.B. Act 33 of 1989,
S 6 (w.e.f. 8-12-1989).
25-Q. Penalty for lay-off and retrenchment without previous permission
Any employer who contravenes the provisions of section 25M or 205[* * *] of section
25N shall be punishable with imprisonment for a term which may extend to one month,
or with fine which may extend to one thousand rupees, or with both.
State Amendment Rajasthan
In its application to the State of Rajasthan, for S. 25-Q, substitute the following section,
namely,
"25-Q. Penalty for -off and retrenchment without previous permission—Any employer
who, (a) lay-off a workman without complying with the provisions of sub-section (1) or
sub-section (2) of section 25-M; or
(b) contravenes an order refusing to grant permission to lay-off or to continue the layoff of a workman under sub-section (4) of section 25-M; or
(c) contravenes such an order as is referred to in clause (b) passed as a result of review
under sub-section (7) of section 25-M; or
(d) contravenes the provisions of clause (b) of sub-section (1) or sub-section (4) of
section 25-N; or
91
(e) contravenes an order refusing to grant permission to retrench a workman undersubsection (2) or an order under sub-section (9) of section 25-N; or
(f) contravenes such an order as is referred to in clause (e) passed as a result of review
under sub-section (7) orsub-section (9) of section 25-N; or
(g) contravenes the direction to reinstate a retrenched workman given under subsection (1) of section 25-PP or such a direction given as a result of review under subsection (3) of the said section, shall be punishable with imprisonment for a team which
may extend to three months, or with fine which may extend to two thousand rupees or
with both.”—Rajasthan Act 8 of 1984, S. 9 (w.e.f. 14-4-1984).
25-R. Penalty for closure
(1) Any employer who closes down an undertaking without complying with the
provisions of sub-section (1) of section 25-O shall be punishable with
imprisonment for a term which may extend to six months, or with fine which may
extend to five thousand rupees, or with both.
(2) Any employer, who contravenes 206[an order refusing to grant permission to
close down an undertaking under sub-section (2) of section 25-O or a direction
given under section 25P], shall be punishable with imprisonment for a term
which may extend to one year, or with fine which may extend to five thousand
rupees, or with both, and where the contravention is a continuing one, with a
further fine which may extend to two thousand rupees for every day during which
the contravention continues after the conviction.
207[* * *]
State Amendments---Madhya Pradesh
In its application to the State of Madhya Pradesh, in S. 25-R,
(a) for sub-S. (2),substitute the following sub-section, namely:
"(2) Any employer, who contravenes an order refusing to grant permission to close
down an undertaking wider sub-section (3) of section 25-O or a direction given under
section 25-P, shall be punishable with a imprisonment for a term which may extend to
one year, or with fine which may extend to five thousand rupees, or with both, and
where the contravention is a continuing one, with a further fine which may extend to
two thousand rupees for every day during which the contravention continues after the
conviction"; and
(b) omit sub-S. 3. —M.P. Act 32 of 1983, S. 4 (w.e.f. 28-10-1983).
State Amendments—Maharashtra
In its application to the State of Maharashtra, for S. 25-R, substitute the following
section, namely:
"25-R. Penalty for closure: (1) Any employer who closes down an undertaking without
complying with the provisions of subsection (1) of section 25-O shall, on conviction, be
punished with imprisonment for a term which may extend to six months, or with fine
which may extend to five thousand rupees, or with both.
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(2) Any employer who contravenes a direction given undersub-section (2) of section 25-
O or section 25-P shall, on conviction, be punished with imprisonment for a term which
may extend to one year, or with fine which may extend to five thousand rupees, or with
the contravention is a continuing one, with a further fine which may extend to two
thousand rupees for every day during which the contravention continues after the
conviction. -Maharashtra Act 3 of 1982, S. 4 (w.e.f. 27-10-1981).
State Amendments—Orissa
In its application to the State of Orissa, in S. 25-R,
(a) in sub-S. (2), for the words brackets, figures and letters "a direction given under subsection (2) of section 25-O or section 25-P”, substitute “an order refusing to grant
permission to close down an undertaking under sub-section (2) of section 25-O or a
direction given under section 25-P";
(b) omit sub-S. (3). ---Orissa Ordinance 3 of 1983, S. 4 (w.e.f. 21-10-1983).
State Amendments—Rajasthan
ln its application to the State of Rajasthan, in S. 25-R,
(a) for sub-S. (2),substitute the following sub-section, namely:
"(2) Any employer, who.: contravenes an order refusing to grant permission to close
down an undertaking under sub-section (2) of section 25-O or a direction given under
section 25-P, shall be punishable with an imprisonment for a term which may extend to
one year, or with fine which may extend to five thousand rupees, or with both, and
where the contravention is a continuing one, with a further fine which may extend to
two thousand rupees for every day during which the contravention continues after the
conviction"; and
(b) omit sub-S. (3). —Rajasthan Act 8 of 1984, S. 10 (w.e.f. 14-4-1984).
25-S. Certain provisions of Chapter VA to apply to an industrial establishment to which this
Chapter applies
The provisions of sections 25B, 25D, 25FF, 25G, 25H, and 25J in Chapter VA shall, so far
as may be, apply also in relation to an industrial establishment to which the provisions
of this Chapter apply.]
State Amendments---Rajasthan
In its application to the State of Rajasthan, in S. 25-S, after the expression "provisions of
this Chapter apply", add or are applied under sub-section (1-A) of section 25-K”. —
Rajasthan Act 8 of 1984, S. 11 (w.e.f. 14-4-1984).
State Amendments—Gujarat
In its application to the State of Gujarat, after S. 25-S, insert the following, section,
namely:
"25-SS. Removal of doubt asto effect of other laws: Forthe removal of doubt it is hereby
declared that notwithstanding anything contained in any other law for the time being in
force in the State providing forsettlement of industrial disputes, the rights and liabilities
of employers and workmen in relation to closure shall be determined in accordance with
the (provisions of this Chapter." Gujarat Act 20 of 1984, S. 2 (w.e.f. 22-10-1984).
93
208[CHAPTER V-C
UNFAIR LABOUR PRACTICES
25-T. Prohibition of unfair labour practice
No employer or workman or a trade union, whether registered under the Trader Unions
Act, 1926 (16 of 1926), or not, shall commit any unfair labour practice.
25-U. Penalty for committing unfair labour practices
Any person who commits any unfair labour practice shall be punishable with
imprisonment for a term which may extend to six months or with fine which may extend
to one thousand rupees or with both.]
State Amendment---Gujarat
In its application to the State of Gujarat, after Chapter V-C, insert the following Chapter,
namely:
CHAPTER V-D
25-V. Special Provisions for Special Economic Zone: (1) The provisions and V-A shall not
apply to an industrial establishment to which Chapter V-D applies,
(2) The provision of this Chapter shall apply to an industrial establishment set up in the
Special Economic Zone declared as such by the Government of India.
25-W. Definitions 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, cessation of work which is not due to any fault on the
part of the workman 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 case of a workman employed below ground in a mine; and
(ii) one hundred and twenty days, in any other case.
94
Explanation. —For the purposes of clause (2) the number of days on which a workman
has actually worked under an employer shall include the days on which,
(i) he has been laid off under an agreement or as permitted by standing orders made
under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) or under this
Act or under any other law applicable to the industrial establishment.
(ii) he has been on leave with full wages, earned in the previous year;
(iii) he has been absent due to temporary disablement caused by accident arising out of
and in the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so, however, that the total
period of such maternity leave does not exceed twelve weeks.
25-X. Right of workmen laid off for compensation.—Whenever a workman (other than
badly workman or a causal 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 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 percent, 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:
Provided further that it shall be lawful for the employer in any case falling within the
foregoing proviso to terminate the workman in accordance with the provisions
contained in section 25-ZA at any time after the expiry of the first for 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
termination.
Explanation: “BadIi workman” means a workman who is employed in an industrial
establishment in the place of another workman whose name is borne on the muster
rolls of the establishment, but shall cease to be regarded as such for purposes of this
section, if he completed one year of continuous service in the establishment.
25-Y. Duty of 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.
25-Z. Workman not entitled to compensation in certain cases. —No compensation shall
be made 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 orsituate 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 specialskill or previous experience and can
95
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 strike or slowing down of production on the part of
workmen in another part of the establishment.
25-ZA. Conditions for termination of workman:
(1) No workman employed in any industry who has been in continuous service for not
less than one year under an employer shall be terminated (otherwise then as a
punishment inflicted by way of disciplinary action) by that that employer until,
(a) the workman has been given one month's notice in writing and the period of notice
has expired, or the workman has been offered in lieu of such notice, wages for the aid
period of the notice;
(b) the workman has been paid compensation equivalent to forty-five days salary for
every completed year of continuous service in such manner as may be prescribed.
(2) Where the workman has been insured through insurance policy by the employer for
the social security to receive the compensation in the case of termination, equivalent to
forty-five days salary for every completed year of continuous service, the employer,
instead of making payment of compensation under clause (b) of sub-section (1) shall
forward all the necessary documents ofsuch workman to the Insurance Company within
fifteen days after termination.
25-ZB. Compensation to workman in case of transfer of undertaking.—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 to who has been in continuous service for not less than one
yearin that undertaking immediately before such transfershall be entitled to notice and
compensation in accordance with the provisions of section 25-ZA, as if the workman had
been terminated:
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 termination, compensation on the basis that his
service has been continuous and has not been interrupted by the transfer.
25-ZC. Sixty days’ notice to be given of intention to close down any undertaking. —An
employer who intends to dose down an undertaking, shall serve at least sixty days
before the date on which the intended closure is to become effective, a notice, in
manner as may be prescribed, on the State Government stating clearly the reasons for
the intended closure of the undertaking.
96
25-ZD. Compensation to workman in case of closing down of undertaking: Where
undertaking is closed down for any reason whatsoever, every workman who has been
continuous service for not less than one year in that undertaking immediately before
such closure shall be entitled to compensation in accordance with the provisions of
section 25-ZA, as if the workman had been terminated.”—Gujarat Act 12 of 2004, S.3
(w.e.f. 10-2-2004).
CHAPTER VI
PENALTIES
26. Penalty for illegal strikes and lock-outs
(1) Any workman who commences, continues or otherwise acts in furtherance of, a
strike which is illegal under this Act, shall be punishable with imprisonment for a
term which may extend to one month, or with fine which may extend to fifty
rupees, or with both.
(2) Any employer who commences, continues, or otherwise acts in furtherance of a
lock-out which is illegal under this Act, shall be punishable with imprisonment for
a term which may extend to one month, or with fine which may extend to one
thousand rupees, or with both.
27. Penalty for instigation, etc.
(1) Any person who instigates or incites others to take part in, or otherwise acts in
furtherance of, a strike or lock-out which is illegal under this Act, shall be
punishable with imprisonment for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.
28. Penalty for giving financial aid to illegal strikes and lock-outs
Any person who knowingly expends or applies any money in direct furtherance or
support of any illegalstrike or lock-outshall be punishable with imprisonment for a term
which may extend to six months, or with fine which may extend to one thousand rupees,
or with both.
29. 209[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, 210[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
97
fine realised from him shall be paid, by way of compensation, to any person who,
in its opinion, has been injured by such breach.]
State Amendments---West Bengal
In its application to the State of West Bengal, for S. 29, substitute the following section
namely:
“29. Penalty for breach of settlement or award: Any person who commits a breach any
term of settlement or award, which is binding on him under this Act, shall punishable
with imprisonment for a term which may extend to six months and with a fine which
may extend to fifty thousand rupees and where the breach is a continuing one, with
further fine of five hundred rupees for every day during which the breach continues
afterthe conviction for the first, and the Court trying the offence. If it finesthe 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. —
West Bengal Act 17 of 2007 S. 4.
State Amendments—Andhra Pradesh
In its application to the State of Andhra Pradesh, after S. 29, insert the following section,
namely:
“29-A. Penalty for failure to comply with an order issued under section 10-B: Any person
who fails to comply with any provisions contained in an order made under sub-section
(1) of section 10-B, shall he punishable with imprisonment for a 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 of imprisonment for a term of less than six months."—A.P. Act 32 of 1987, S.
9 (w.e.f. 27-7-1987).
State Amendments—Kerala
In its application to the State of Kerala, after S. 29, insert the following section, namely:
"29-A. Penalty for failure to comply with an order issued under section 10-B: Any person
who fails to comply with any provision contained in any order made under sub-section
(1) of section 10-B, 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 30
of 1979, S. 3 (w.e.f. 30-10-1979).
State Amendments—Tamil Nadu
In its application to the State of Tamil Nadu, after S. 29, insert the following section,
namely:
"29-A. Penalty for failure to comply with an order issued under section 10-B: Any person
who fails to comply with any provision contained in any order made under sub-section
(1) of section 10-B, 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
36 of 1982, S. 3 (w.e.f. 15-10-1982).
30. Penalty for disclosing confidential information
98
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.
30-A. 211[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.]
State Amendments---Gujarat
In its application to the State of Gujarat, after S. 30, insert the following section, namely:
"30-A. Penalty forfailure to nominate members on Council by employer.—Any employer
who fails to nominate his representatives to he appointed as members of the Council
within the time limit specified for the constitution of the Council under sub-section (1)
of section 3-A shall, on conviction, be punishable with fine which may extend to fifty
rupees and in the case of a continuing failure, with an additional tine which may extend
to fifty rupees for every day during which such failure continues."—Gujarat Act 21 of
1972, S. 8 (w.e.f. 20-1-1973).
State Amendments—Rajasthan
In its application to the State of Rajasthan, after S. 30, insert the following section,
namely:
30-A. Penalty for contravention of an order made wider section 10-K: Any person who
contravenes an order issued by the State Government in pursuance of section 10-K 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 14 of 1970, S. 7 (w.e.f. 26-2-1070).
State Amendments—West Bengal
In its application to the State of West Bengal, after S. 30, insert the following section,
namely:
"30-A. Insertion of new section 30-A.—Any employer who closes down any undertaking
without complying with the provisions of section 25-FFA, shall be punishable with
imprisonment for a term which may extend to six months and with fine which may
extend to five thousand rupees."—President's Act 8 of 1971, S. 4 (w.e.f. 28-8-1971).
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 underthis Act for
99
such contravention, be punishable with fine which may extend to one hundred
rupees.
STATE AMENDMENT-TRIPURA
After Section 31, a new Section 31A shall be inserted, as follows :
31-A. 212[Compounding of offences
(1) Any offence punishable under Sections 25Q, 25R, 25-U, 26, 27, 28, 29, 30A and
Sub-Sections (1) and (2) of Section 31 may, either before or after the institution
of the prosecution, on an application by the alleged offender, be compounded
by such officer or authority as the State Government may, by notification in the
Official Gazette, specify in this behalf for such amount as specified in the table
bel ow:
Sl. No. Section Compounding amount
1. 25Q 25 days wages last drawn by each workman
2. 25R 60 days wages last drawn by each workman
3. 25U (i) By each workman Rs.150/- per day but not
exceeding Rs.3000/- in aggregate.
(ii) By employer Rs.300/- per day but not exceeding
the amount aggregate as shown below:
Number of workmen
employed in the Industry
Amount not
exceeding
1 to 50 Rs. 7,000/-
51 to 100 Rs. 10,000/-
101 to 500 Rs. 15,000/-
More than 500 Rs. 20,000/-
4. 26 (i) In case of illegal strike, Rs. 1501- per day by each
workman but not exceeding Rs.300/- in
aggregate.
(ii) In case of illegal lock-out Rs.3O0/- per day by an
employer but not exceeding the amount in
aggregate as shown below.
Number of workmen
employed in the industry
Amount not
exceeding
1 to 50 Rs.7,000/-
51 to 100 Rs.10,000/-
101 to 500 Rs.15,000/-
More than 500 Rs.20,000/-
5. 27 and 28 As per Section 26 above for illegal strike and lockout.
100
6. 29 Rs.200/- per day in respect of each of the workman.
7. 30A 25 days wages last drawn by each workman.
8. 31(1) Number of
workmen
employed
in the
Industry
For first
offence
For the
second
offence
For the
third
offence
1 to 50 Rs.10,000/- Rs.15,000/- Rs.20,000/-
51 to 100 Rs.15,000/- Rs.20,000/- Rs.25,000/-
101 to 500 Rs.20,000/- Rs.25,000/- Rs.30,000/-
More than
500 Rs.30,000/- Rs.35,000/- Rs.40,000/-
9. 32(2) (i) For each workman, for the first offence Rs.1000/-
forthe second offence Rs. 2000/- and forthe third
offence Rs. 3000/-
(ii) For employer:
Number of
workmen
employed in
the Industry
For first
offence
For the
second
offence
For the
third
offence
1 to 50 Rs.1500/- Rs.3000/- Rs.6,000/-
51 to 100 Rs.3000/- Rs.6000/- Rs.10,000/-
101 to 500 Rs.4000/- Rs.8000/- Rs.15,000/-
More than
500 Rs.5000/- Rs.10,000/- Rs.20,000/-
Provided that the State-Government may, by
notification in the Official Gazette, amend the
composition amount specified in the above Table.
Provided further that the offence committed of the
same nature shall be compoundable only for the first
three offences.
Provided also that such offences shall be
compoundable only after the alleged offender has
acted to the satisfaction of such officer or authority
that such offence is not continued any further.
(2) Where an offence has been compounded under
Sub-Section (1), no further proceedings shall be taken
against the offender in respect ofsuch offence and the
offender, if in custody, shall be discharged.”
101
STATE AMENDMENT – JAMMU AND KASHMIR
Insertion of new section- After section 31, insert –
31A. 213[Compounding of offences
(1) Any offence punishable under sections 25Q , 25R, 25U, 26, 27, 28, 29, 30A and
sub-sections (1) and (2) of section 31 may, either before or after the institution of
the prosecution, on an application by the alleged offender, be compounded by
such officer or authority as the appropriate Government may, by notification in
the Official Gazette, specify in this behalf forsuch amount as specified in the Table
below, namely:
TABLE
Sl. No. Section Compounding amount
1 2 3
1 25Q 25 days wages last drawn by each workman.
2 25R 60 days wages last drawn by each workman.
3 25U (i) By each workman Rs.150/- per day but not
exceeding Rs. 3000/- in aggregate;
(ii) By employer Rs.300/- per day but not exceeding the
amount in aggregate as shown below:
Number of workmen
employed in the industry Amount not exceeding
1 to 50 Rs. 5000/-
51 to 100 Rs. 8000/-
101 to 500 Rs. 12000/-
More than 500 Rs. 16000/-
4 26 (i) In case of illegal strike, Rs.150/- per day by each
workman but not exceeding Rs.3000/- in aggregate;
(ii) In case of illegal lock-out Rs. 300/- per day by an
employer but not exceeding the amount in
aggregate as shown below:
Number of workmen
employed in the industry Amount not exceeding
1 to 50 Rs. 5000/-
51 to 100 Rs. 8000/-
101 to 500 Rs. 12000/-
More than 500 Rs. 16000/-
5
27 and
28
As persection 26 above for illegal strike and lockout.
102
6 29 Rs. 200/- per day in respect of each of the workman.
7 30A 25 days wages last drawn by each workman.
8 31(1) Number of
workmen
employed
in the
industry
For first
occasion
For second
occasion
For third
occasion
1 to 50 Rs. 5000/- Rs. 10,000/- Rs. 15,000/-
51 to 100 Rs. 8000/- Rs. 16,000/- Rs.24,000/-
101 to 500 Rs.
12000/-
Rs.24,000/- Rs.36,000-
More than
500
Rs.
16000/-
Rs.32,000- Rs.48,000/
9 31(2) (i) For each workman, for the first offence Rs.1000/-
for the second offence Rs.2000/- and for the third
offence Rs.3000/-
(ii) For employer:
Number of
workmen
employed
in the
industry
For first
occasion
For second
occasion
For third
occasion
1 to 50 Rs. 1500 Rs. 3000 Rs. 6000
51 to 100 Rs.3000 Rs.6000 Rs.10000
101 to 500 Rs.4000 Rs.8000 Rs.15000
More than
500 Rs.5000 Rs.10000 Rs.20000:
Provided that the appropriate Government may, by notification in the Official
Gazette, amend the compounding amount specified in the said Table:
Provided further that the offences of the same nature committed by the same
offender for more than three occasions shall not be compoundable:
Provided also that such offences shall be compoundable only after the alleged
offender has acted to the satisfaction ofsuch officer or authority thatsuch offence
is not continued any further:
Provided also that when an offence is compounded on an application by the
employer, then the compounding amount received from him, shall be paid to the
concerned workman or equally amongst the workmen and if any workmen are not
identifiable, then the remaining amount shall be deposited in such manner as may
be notified by the appropriate Government.
103
(2) Where an offence has been compounded under sub-section (1), no further
proceedings shall be taken against the offender in respect of such offence and the
offender, if in custody, shall be released/discharged.]
CHAPTER VII
MISCELLANEOUS
32. Offence by companies, etc.
Where a person committing an offence under this Act is a company, or other body
corporate, or an association of persons (whether incorporated or not), every director,
manager, secretary, agent or other officer or person concerned with the management
thereof shall, unless he proves that the offence was committed without his knowledge
or consent, be deemed to be guilty of such offence.
33. 214[Conditions of service, etc., to remain unchanged under certain circumstances
during pendency of proceedings
(1) During the pendency of any conciliation proceeding before a conciliation officer or
a Board or of any proceeding before 215[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 216[or, where there are no such standing
orders, in accordance with the terms of the contract, whether express or implied,
between him and the workman],
(a) alter, in regard to any matter not connected with the dispute, the conditions
of service applicable to that workman immediately before the
commencement of such proceeding; or
(b) for any misconduct not connected with the dispute, or discharge or punish,
whether by dismissal or otherwise, that workman:
Provided that no such workman shall be discharged or dismissed, unless he
has been paid wages for one month and an application has been made by
the employer to the authority before which the proceeding is pending for
approval of the action taken by the employer.
(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,
104
(a) by altering, to the prejudice of such protected workman, the conditions of
service applicable to him immediately before the commencement of such
proceedings; or
(b) by discharging or punishing, whether by dismissal or otherwise, such
protected workman, save with the express permission in writing of the
authority before which the proceeding is pending.
Explanation: For the purposes of this sub-section, a "protected workman",
in relation to an establishment, means a workman who, being 217[a member
of the executive or other office bearer] of a registered trade union
connected with the establishment, is recognised as such in accordance with
rules made in this behalf.
(4) In every establishment, the number of workmen to be recognised as protected
workmen for the purposes of sub-section (3) shall be one per cent. of the total
number of workmen employed therein subject to a minimum number of five
protected workmen and a maximum number of one hundred protected workmen
and for the aforesaid purpose, the appropriate Government may make rules
providing for the 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, 218[an
arbitrator, a] labour Court, Tribunal or National Tribunal under the proviso to subsection (2) for approval of the action taken by him, the authority concerned shall,
without delay, hear such application and pass, 219[within a period of three months
from the date of receipt of such application], such order in relation thereto as it
deems fit:]
220[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.]
33-A. 221[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 222[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, 223[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
105
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.]
33-B. 224[Power to transfer certain proceedings
(1) The appropriate Government may, by order in writing and for reasonsto 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 33-A 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.]
33-C. 225[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 226[Chapter V-A or Chapter V-B], 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; 227[within a period not exceeding three
months:]
106
228
[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.
Explanation: In this section "Labour Court" includes any court constituted under
any law relating to investigation and settlement of industrial disputes in force in
any State.]]
State Amendments---Andhra Pradesh
ln its application to the State of Andhra Pradesh, in sub-S. (1) of S. 33-C, for the words
"to the Collector who shall proceed to recoverthe same in the same manner as an arrear
of land revenue", substitute "to the Chief Judicial to Magistrate or the Chief
Metropolitan Magistrate having jurisdiction and the Chief Judicial Magistrate or the
Chief Metropolitan Magistrate, as the case may be, shall proceed to realise the money
as if it were a fine imposed by such Magistrate".—A.P. Act 32 of 1987, S. 10 (w.e.f. 27-
7-1987).
State Amendments—Rajasthan
In S. 33-C, in sub-S. (1), after the expression "Chapter V-A", insert "or under an order
issued by the State Government under section 10-K of the Act”. —Rajasthan Act 14 of
1970, S. 8 (w.e.f. 26-2-1970).
State Amendments—West Bengal
In its application to the State of West Bengal,
(a) in sub-S. (1) of S. 33-C, for the words "to the Collector who shall proceed to receiver
be same in the same manner as an arrear of land revenue", substitute to the Chief
Judicial Magistrate or the Chief Metropolitan Magistrate having jurisdiction and the
Chief Judicial Magistrate or the Chief Metropolitan Magistrate, as the case may be,shall
proceed to realise the money as it were a fine imposed by such Magistrate”. —W.B. Act
57 of 1980, S. 18.
(b) after S. 33-C, insert the following section, namely:
107
"33-D. Recovery of money from the employer in respect of which the appropriate
Government under section 2 is the, State Government: (1) Save as otherwise provided
in section 33-C,
(a) where any money is due to a workman from an employer under a settlement an
award or under the provisions of Chapter V-A or Chapter V-B, the workman himself any
other person authorised by him in writing, on his behalf, in the case of death of the
workman, his assignee or heirs may, without prejudice to any other mode of recovery,
make an application to the Authorised Officer for the recovery of money due to him,
and if the Authorised Officer is satisfied that any money is so due, he shall issue a
certificate forthe amountto the Recovery Officer who shall proceed to recover the same
in the manner as down in this section:
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 tie entertained after expiry of the said
period of one year if the Authorised Officer is satisfied that the applicant has sufficient
cause for not making the application within the said period;
(b) 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 h
computed, then the question may be decided by the Authorised Officer within a period
not exceeding three months after giving an opportunity of hearing to the parties
concerned.
Provided that where the Authorised Officer 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 deem fit:
Provided further that if the Authorised Officer decides that any amount is due to
workman from an employer, he shall issue a certificate for that amount to the Recover
Officer, who shall proceed to recover the same in the manner as laid down in this
section.
(2) The Recovery Officer, on receipt of a certificate issued by the Authorise Officer for
the amount due to a workman from an employer, shall proceed to recover the amount
specified therein from establishment or as the case may be, the employer by one or
more of the modes mentioned below:
(a) attachment and sale of the movable or immovable property of the establishment or,
as the case may be, the employer;
(b) arrest of the employer and his detention in prison;
(c) appointing a receiver for the management of the movable or immovable properties
of the establishment or, as the case may be, the employer:
Provided that the attachment and sale of any property under this section shall first be
effected against the proportion of the establishment and where such attachment and
sale in insufficient for recovering the whole of the amount of arrears specified in the
certificate, the Recovery Officer may take such proceedings against the property of the
employer for recovery of the whole or any part of such arrears.
108
33-E. Recovery Officer to whom certificate is to be forwarded:
(1) The Authorised Office m. ay forward the certificate referred to in section 33-D to the
Recovery Officer within whom jurisdiction the employer,
(a) carries on his industry or within whose jurisdiction the principal place of the
establishment is situate; or
(b) resides or any movable or immovable property of the establishment or the employer
is situating.
(2) Where an establishment or the employer has property within the jurisdiction more
than one of the Recovery Officer and the Recovery Officer to whom a certificate is sent
by the Authorised Officer,
(a) is not able to recover the entire amount by the sale of the property, movable or
immovable, within his jurisdiction; or
(b) is of the opinion that, for the purpose of expediting or securing the recovery of the
whole or any part of the amount, it is necessary so to do,
he may send the certificate or, where only a part of the amount is to be recovered, a
copy of the certificate certified in the prescribed manlier and specifying the amount to
be recoveree to the Recovery Officer within whose jurisdiction the establishment or the
employer has property or the employer resides, and thereupon that Recovery Officer
shall also proceed recover the amount due under this section as if the certificate or the
copy thereof had been the certificate sent to him by the Authorised Officer."—West
Bengal Act 17 of 2007, S. 4
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 229[a Metropolitan Magistrate or a Judicial Magistrate
of the first class], shall try any offence punishable under this Act.
State Amendment---Madhya Pradesh
In its application to the State of Madhya Pradesh, in S. 34, for sub-S, (2), substitute the
following sub-section, namely:
"(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or
any other law for the time being in force, every offence punishable under this Act and
the Actsspecified in the Part B of the Second Schedule shall be tried by the Labour Court
within the local limits of whose jurisdiction it was committed."—M.P. Act 43 of 1981, S.
3 (w.e.f. 26-1-1982).
35. Protection of persons
(1) No person refusing to take part or to continue to take part in any strike or lockout 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,
109
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 thissection, and in any such proceeding the Civil Court may,
in lieu of ordering a person who has been expelled from membership of a trade
union or society to be restored to membership, order that he be paid out of the
funds of the trade union or society such sum by way of compensation or damages
as that Court thinks just.
36. 230[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) 231[any member of the executive or office bearer] of a registered trade union
of which he is a member;
(b) 232[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 233[any member of
the executive or other office bearer] of any trade union connected with, or
by any other workman employed in, the industry in which the worker is
employed and authorized in such manner as may be prescribed.
(2) An employer who is a party to a dispute shall be entitled to be represented in any
proceeding under this Act by,
(a) an officer of an association of employers of which he is a member;
(b) an officer of a federation of association of employers to which the
association referred to in clause (a) is affiliated;
(c) where the employer is not a member of any association of employers, by
an officer of any association of employers connected with, or by any other
employer engaged in, the industry in which the employer is engaged and
authorized in such manner as may be prescribed.
(3) No party to a dispute shall be entitled to be represented by a legal practitioner in
any conciliation proceedings under this Act or in any proceedings before a Court.
(4) In any proceeding 234[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 235[with the leave of the Labour Court,
Tribunal or National Tribunal, as the case may be].]
State Amendment---Maharashtra
In its application to the State of Maharashtra, to sub-S. (1) of S. 36, add the following
proviso, namely:
110
"Provided that, where there is a recognised union for an undertaking under any law for
the time being in force, no workman in such undertaking shall be entitled to be
represented to as aforesaid in any such proceeding (not being a proceeding in which the
legality 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 1 of 1972, S. 20(2) and Sch. I, Item 6 (w.e.f.
8-9-1975).
36-A. 236[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.]
36-B. 237[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.].
State Exemption---Madhya Pradesh
The State Government vide Notification No. 956-02-2020-A-16 dated 05-05-2020,
hereby, exempts such industries of the state from the provisions of this Act, except the
provisions of Chapter V-A and Section 25-N, 25-O,25-P,25-Q, and 25-R of chapter V-B for
next 1000 days from the date of publication of this notification in the Madhya Pradesh
Gazette subject to condition that adequate provisions are made by such industries for
the investigation and settlement of industrial disputes of the workmen employed by
them. This notification shall be applicable to those new industries which will be
registered in the factories act, 1948 and start production for the first time in the next
1000 days after the publication of this notification.
STATE AMENDMENT-TRIPURA
After Section 36B of the Principal Act, a new Section 36C. shall be inserted as follows36C. 238[State Government's power to exempt:
where the State Government is satisfied, in relation to any new industrial
establishment or new undertaking or class of new industrial establishments or
new undertakings that, it is necessary in the public interest to do so, it may, by
notification in the official Gazette, exempt, conditionally or unconditionally, any
such new establishment or new undertaking or class of new establishments or new
undertakings from all or any of the provisions of this Act for a period of one
thousand days from the date of the establishment of such new industrial
111
establishment or new undertaking or class of new establishments or class of new
undertakings, as the case may be.]
BIHAR AMENDMENT
In the Industrial Disputes Act, 1947, after the sub section 36 (B), the following section shall
be added, namely:
36C. 239[Power to exempt new industries in public interest
Where the State Government in satisfied in relation to any new industrial establishment
or new undertaking or class of new industrial establishments or new undertaking that it
is necessary in the public interest to do so, it may, by notification in the official Gazette,
exempt, conditionally or unconditionally, any such new establishment or new
undertaking or class of new establishments or new undertaking from all or any of the
provisions of this Act for a period of one thousand days from the date of the
establishment of such new industrial establishment or new undertaking or class of new
establishments or new undertakings, as the case may be
Explanation:- For the purposes of this section, the expression "new industrial
establishment or new undertaking or class of new industrial establishment or new
undertakings” means such industrial establishment or undertaking or class of industrial
establishments or undertakings which are established within a period of one thousand
days after the commencement of the Industrial Disputes(Bihar Amendment) Act, 2020.]
37. Protection of action taken under the Act
No suit, prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of this Act or any rules
made thereunder.
38. Power to make rules
(1) The appropriate Government may, subject to the condition of previous
publication, make rules for the purpose of giving effect to the provisions of this
Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:
(a) the powers and procedure of conciliation officers, Boards, Courts, 240[Labour
Courts, Tribunals and National Tribunals] including rules as to the
summoning of witnesses, the production of documents relevant to the
subject-matter of an inquiry or investigation, the number of members
necessary to form a quorum and the manner of submission of reports and
awards;
(aa) 241[the form of arbitration agreement, the manner in which it may be signed
by the parties, 242[the manner in which a notification may be issued under
sub-section (3A) of section 10A,] the powers of the arbitrator named in the
arbitration agreement and the procedure to be followed by him;
(aaa) the appointment of assessors in proceedings under this Act;]
243[* * *]
112
(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) 244[the salaries and allowances and the terms and conditions for
appointment of the presiding officers of Labour Courts, Tribunals and
National Tribunal including the allowances admissible to members of Courts,
Boards and to assessors and witnesses;]
(d) the ministerial establishment which may be allotted to a Court, Board,
245[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, 246[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) 247[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) 248[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 249[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.]
State Amendments---Gujarat
In its application to the State of Gujarat, in S.38, sub-S. (2), after Cl. (b), insert the
following clauses, namely:
“(b-1) the manner of constituting a Council and filling of vacancies therein, the number
of members ofsuch Council, and the manner of electing the representatives of workmen
under sub-section (1) of section 3-A;
113
(b-2) the other things which a Council may do under clause (f) of sub-section (1) of
section 3-B;
(b-3) the administrative functions with which a Council shall be entrusted under subsection (3) of section 3-B;
(b-4) matters relating to which information shall be furnished to the Council by the
employers under sub-section (4) of section 3-B;
(b-5) the procedure to be followed by the Council in the discharge of its duties subsection (5) of section 3-B."--Gujarat Act 21 of 1972, S. 8 (w.e.f. 20-1-1973).
State Amendments—West Bengal
In its application to the State of West Bengal, in S. 38, sub-S. (2), after Cl. (a), insert the
following clause, namely:
"(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 (1-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 (1-B) of section
10."-W.B. Act 33 of 1989, S. 7 (w.e.f. 8-12-1989).
39. 250[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.]
40. 251[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 shall be deemed to be
amended accordingly.
114
(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.]
252[THE FIRST SCHEDULE
[See Section 2(n)(vi)]
Industries which may be declared to be Public Utility Services under sub-clause (vi) of
clause (n) of Section 2
1. Transport (other than railways) for the carriage of passengers or goods 253[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. 254[India Government Mints;
12. India Security press;]
13. 255[Copper Mining;
14. Lead Mining;
15. Zinc Mining;]
16. 256[Iron Ore Mining;]
17. 257[Service in any oil-field;]
18. 258[x x x x x x;]
19. 259[Service in uranium industry;]
20. 260[Pyrites mining;]
21. 261[Security Paper Mill, Hoshangabad;]
21. 262[Aeronautical. Engineering industry.]
22. 263[Services in the Bank Note Press, Dewas;]
23. 264[Phosphorite mining;]
24. 265[Magnesite Mining;]
115
25. 266[Currency Note Press;]
26. 267[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. 268[Service in the Airports Authority of India;]
28. 269[Industrial establishments manufacturing or producing nuclear fuel and
components, heavy water and allied chemicals and atomic energy;]
29. 270[Processing or production of fuel gases (coal gas, natural gas and the like);]
30. 271[Manufacturing of Alumina and Aluminium; and
31. Mining of Bauxite;]
STATE AMENDMENTS
[Andhra Pradesh]: In its application to the State of Andhra Pradesh, omit item 9 of the First
Schedule: A.P. Act 22 of 1968, S. 3 (w.e.f. 30-11-1968).
(1) Oxygen and acetylene industry—A.P. Gaz., dt. 4-3-1965, Pt. I, p. 396.
(3) Detonators manufacturing—A.P. Gaz., dt. 26-8-1965, Pt. I, p. 1781.
(4) Lamination-industry,
(5) Polyster industry,
(6) Phenolic resin industry,
(7) Moulding powder manufacturing industry—A.P. Gaz., dt. 28-1-1966, Pt. I, Ext., p. 1.
(8) Printing industry—A.P. Gaz., dt. 17-1-1967, Ext.
(9) Special purpose machine manufacturing industry—A.P. Gaz., dt. 8-8-1968, pt p. 1977.
(11) Manufacturing, Marketing and Distribution of Petroleum Products Industry_ A.P. Gaz.,
dt. 30-11-1966, Pt. I, p. 2072.
(13) Dairy farming—A.P. Gaz., dt. 8-8-1968, Pt. I, p. 1477.
(15) Manufacturing pressure vessels, heat exchangersindustry—A.P. Gaz dt_ 24 4 1972, Ext.
p. 2.
(16) Chorine production industry—A.P. Gaz., dt. 24-4-1972, Pt. 1, Ext., p. 2.
(17) Nitrocellulose paints industry—A.P. Gaz., dt. 16-1-1974, Pt. I,. p. 33.
(18) Industries connected with manufacture of guided missiles and other like items—A.P.
Gaz., dt. 24-4-1975, Pt. I, Ext, p. 348.
(19) Manufacture, marketing and distribution of petroleum products—A.P. Gaz. dt. 13-3-
1968, Pt. I, Ext., p. 21.
(23) Electrical Equipment Corporation, Sanath-Nagar, Hyderabad—A.P. Gaz., dt. 5-4-1979,
Pt. I, Ext., p. 1.
(30) Hydrogen gas industry—A.P. Gaz., dt. 18-2-1982, Pt. I, p. 204.
(31) Mishra Dhatu Nigam Ltd. industry—A.P. Gaz., dt. 22-2-1983, Pt. I, p. 1.
(32) Industry carried on by the National Airports Authority in the State of Andhra Pradesh—
A.P. Gaz., dt. 22-10-1991, Pt. I, Ext., p. 1.
(33) Industry carried on by the Liquidated Petroleum Gas Cylinders Manufacturing in State
of Andhra Pradesh—A.P. Gaz., dt. 26-2-1992, Pt. I, Ext., p. 1.
(34) Industry carried on—of the manufacturing of instant coffee powder.
(35) Industry carried on by Ferro-Scrap Nigam in the State of Andhra Pradesh.
(36) Industry carried on by B.H.E.L. Corporate Research and Development Divisions in the
State of Andhra Pradesh—A.P. Gaz., dt. 4-5-1993, Pt. I, Ext., p. 1.
116
(37) Industry carried on by Marine and Communication Electronics (India) Ltd. in the State of
Andhra Pradesh.
(39) Services carried on by the Airport Authority of India (National Airports Division in the
State of Andhra Pradesh—A.P. Gaz., dt. 29-5-1995, Pt. I, Ext., p. 1.
[Assam]: 10-A. Oxygen and acetylene industry—Assam Gaz., dt. 30-3-1966, Pt. 11-A, p. 725.
10-B. Manufacture, marketing and distribution of petroleum products—Assam Gaz d t. 30-3-
1966, Pt. H-A, p. 725.
10-C. Chemical fertilizer industry—Assam Gaz., dt. 8-11-1967, Pt. II-A, p. 2487.
1. Iron and steel factories.
2. Services in all hospitals and dispensaries.
3. All flour, rice and oilmills—Assam Gaz., dt. 11-2-1970, Pt. II-A, p. 350.
19. Electric conductors—Assam Gaz., dt. 26-5-1971, Pt. II-A, p. 2487.
[Bihar]
1. Lead smelter industry—Bihar Gaz., dt. 5-10-1966, Pt. II-A, Ext., p. 2873.
2. Fertilizer industry—Bihar Gaz., dt. 16-5-1967, Pt. II-A, Ext., p.1666.
3. Copper reduction works—Bihar Gaz., dt. 27-3-1968, Pt. II-A, Ext.
4. Manufacturing, marketing and distribution of petroleum products Bihar Gaz.; d t. 11-9-
1968, Pt. 11, p. 1876.
5. Manufacture, assembling and repairing of automobiles: Bihar Gaz., dt. 11-9-1976.
6. Manufacture, assembling and repairing of minor vehicles of all types.
7. Manufacture of motor vehicles, engines, parts and accessories--. Bihar Gaz., dt. 28-12-
1968, Ext.
9. Explosive industry-Bihar Gaz., dt. 3-11-1971, Pt. 11, p. 1660.
10. Ceramic and refractories industry—Bihar Gaz., dt. 12-5-1973 Ceramic Ext. (No. 571).
11. Transportation of petroleum products by pipe lines with all their installations and
stations--Bihar Gaz., dt. 26-11-1975, Pt. II-A, p. 1660.
12. Aluminium industry---Bihar Gaz., dt. 3-3-1987, Pt.11, p.197.
15. Slag granulation industry.—Bihar Gaz., dt. 11-3-1987, Pt. 11, p. 218.
16. Metallurgical and Engineering Consultant (MECON) India Ltd. industry—Bihar Gaz., dt.
8-7-1987, Pt. II, p. 7-B (No. 27).
[Delhi].---Chemical fertilizer industry—Del. Gaz., dt. 12-4-1967, Pt. IV, p. 146.
Export-oriented Units in Delhi, the entire production of which is exported—Del. Gaz., dt. 8-7-
1994,1't. IV, Ext., p.-1.
[Goa]--Service/Employment in manufacture of cement pipes and articles—Goa Gaz., dt. 27-8-
1987, p. 283.
Service in National Airports Authority—Goa Gaz., dt. 16-8-1991, p. 217. Distribution of
essential commodities and consumer goods to the members and the general public by the Cooperative Societies—Goa Gaz., dt. 21-9-1995, p. 247.
[Gujarat]
11. Oxygen and acetylene.
12. Manufacture, marketing and distribution of petroleum products.—Guj. Gaz., dt. 8-8-1968,
Pt. I-L., p. 1675.
13. Rayon spinning industry—Guj. Gaz., dt. 8-8-1968, Pt. 1-L, p. 1674.
14. Printing Industry—Guj. Gaz., 1972, Pt. 1-L, p. 6166.
15. Gujarat Polyster "Filament Yarn" Industry—Guj. Gaz., dt. 8-7-1982, Pt. 1-L, P. 1160.
25. Any Industry in relation to which the State Government is the appropriate Government
and the entire production of which is exported—Guj. Gaz., dt. 27-7-1982, Pt. I-1., p. 1200.
117
26. Gujarat rat State Warehousing Corporation--Guj. Gaz., dt. 17-1-1985, Pt. I-L, p. 1920.
27. Gujarat Carbon Black Industry.
28. Gujarat State Civil Supplies Corporation----Gui. Gaz., dt. 11-4-1985, Pt. I-L, 10975.
[Haryana]
25. Oxygen Manufacturing Industry- -Har. Gaz., dt. 14-7-1981, Pt. I, p. 1470.
26. Service in National Airports Authority—Har. Gaz., dt. 9-10-1991, Ext., p. 1734.
27. Any industry in relation to which the State Government is the appropriate Government
and is 100 per cent export-oriented unit in the State of Haryana—Har. Gaz., dt. 14-7-1995,
Ext., p. 1254. [Himachal Pradesh]: Manufacture marketing distribution of petroleum
products--H.P. Gaz., 1967, Ext., p. 670, H.P. Gaz., dt. 29-3-1969, Pt. I, p. 808.
Service in National Airports Authority—H.P. Gaz., dt. 1-6-1991, Ext., p. 1226.
[Jammu and Kashmir]: J&K. Gaz., dt. 13-1-1973, Pt. I-B.
13. Manufacture, marketing and distribution of petroleum products J&K. Gaz., dt. 11-11-
1972,, Pt. I-B, Ext.
[Karnataka]:
11. Oxygen and Acetylene- Inserted by Mysore Act, 6 of 1968, S. 8 (w.e. 31-8-1968).
12-13. Textile Industry, Pharmaceutical Industry.
14. Mysore Fertilizer Industry—Mys. Gaz., dt. 21-4-1966, Pt. IV, S. 2(ii), p. 1158.
15. Manufacture, marketing and distribution of petroleum products—Mys. dt. 16-11-1967, Pt.
IV-2C(ii), p. 5235.
16. Engineering Industry (Manufacturing Machine Tools)—Mys. Gaz., dt. 27-2-Pt. IV, S. 2-C(ii),
p. 1101.
19. Service in the Uranium Industry.
20. Mysore Special Machine Manufacturing Industry—Mys. Gaz.. dt. 9-7-1%8, S. 2-C(ii), p.
3487.
21. Aeronautical Engineering Industry—Mvs. Gaz., dt. 3-10-1968, Pt. II, S. 2 p. 4444.
22. Mysore Dairy Industry—Mys. Gaz., dt. 22-5-1969, Pt. IV, S. 2-C(h), p. 2348.
23. Aluminium Industry—Mys. Gaz., dt. 1-3-1973, Pt. IV, S. 2-C(h), p. 1028.
24. Graphite Industry—Karn. Gaz., dt. 31-7-1975, Pt. IV, S. 2-C(h), p. 4322.
25. Industry generating power—Karn. Gaz., dt. 1-10-1981, Pt. W, S. 2(h), p.
30. Elevator Industry (Maintenance and Service Sections)—Karn. Gaz., dt. Pt. IV, S. 2-C(ii), p.
3363.
32. National Airports Authority—Karn. Gaz., dt. 24-12-1992, Pt. IV, S. 2-C(ii), p. 3363.
[Kerala].—Fertilizer Industry, Kerala—Ker. Gaz., dt. 6-7-1975, Pt. 1, p. 2080.
21. All export-oriented units and all other unitsincidental thereto in Export Processing Zone—
Ker. Gaz., dt. 17-1-1985, Ext., p. 1.
28. Service in National Airports Authority—Ker. Gaz., dt. 27-7-1991, Ext., p. 1
29. Electric Industry in Technopark Kariyavattorn, Thiruvananthapurarr Pktric Ker. Gaz., dt. 17-
1-1995, Ext., p. 1.
30 Lower Periyar Dam Works at the said project site—Ker. Gaz., dt. 23-6-1995, Ext., p.1.
31. Service in Airports Authority of India—Ker. Gaz., dt. 11-9-1995, Ext., p. 1.
[Madhya Pradesh].—Oxygen and acetylene—M.P. Gaz., dt. 12-6-1987, Pt. I, p. 1259.
Services in National Airports Authority—M.P. Gaz., dt. 20-9-1991, Pt. I, p. 1477.
[Maharashtra]: 11. Oxygen and acetylene.
12. Mineral oil (crude oil), motor oil, aviation spirit, diverse hydrocarbon oils and their blends
including synthetic fuels, lubricating oils and their blends including synthetic fuels, lubricating
oils and the like.
118
13. Vaccines.
14. Sera.
15. Antibiotics.
16. Catgut—Mah. Act 2 of 1963, S. 3 (4-1-1963).
17. Chemical fertilizer industry.
18. Production,supply and distribution of petroleum products—Mah. Ga. dt. 10-8-1967, Pt. IL, p. 3269.
19. Rayon spinning industry—Mah. Gaz., dt. 26-12-1968, Pt. 1-L, p. 3260.
20. Industry engaged in the assembly and manufacture of aircraft and the components—Mah.
Gaz., dt. 13-11-1980, Pt. 1-L, Ext., p. 9150.
21. Industry engaged in manufacture of nylon and polyster filament yarn—Mah. Gaz., dt. 10-
7-1969, Pt. 1-L, p. 3726.
22. Poultry farming—Mah. Gaz., dt. 10-7-1969, 1972, Pt. 1-L, p. 634.
23. Fresh yeast manufacturing, animal feed manufacturing industry:Mah. Gaz., dt. 15-3-1973,
Pt. I-L, p. 2765.
24. Basic heavy organic chemicals:Mah. Gaz., dt. 18-4-1977, Ext., Pt. I-L p. 143.
[Manipur]: Manufacture, trading, marketing and distribution of petroleum products:Mani.
Gaz., dt. 23-11-1969, Ext., p.2.
[Meghalaya]:Service in the National Airports:Megha. Gaz., dt. 30-5-1991, Pt. V-A, p.236.
[Orissa]
1. Iron and Steel Products.
2. Crucibles.
3. Fertilizers.
4. Refractories.
5. Aluminimum and aluminimum products.
6. Ferro-manganese.
7. Paper.
8. Electric goods.
9. Construction Projects of State Government.
10. Newspaper establishments.
11. Blood Bank: Ori. Gaz., dt. 18-8-1965, Pt. III, p. 881.
12. Printing Presses: Ori. Gaz., dt. 10-12-1965, Pt. III, p. 1828.
13. Manufacture, marketing and distribution of petroleum products.
14. Chemical Industry: Ori. Gaz., dt. 22-3-1968, Pt. III, p. 265.
15. Aeronautical Industry: Ori.Gaz., dt. 14-8-1969, Pt. III, p.
16. Ferro-sillicon: Ori. Gaz., dt. 18-7-1969, Pt. III, p. 697.
17. Explosive Industry: Ori. Gaz., dt 20-2-1970, Pt. III, p.
32. Ferro-Chrome Industry-:Ori. Gaz., dt. 27-9-1970, Pt. III, p.65.
20. National Airports Authority: Ori. Gaz., dt. 21-8-1991, Ext., p.1.
28. Charge Chrome Industry: Ori. Gaz., dt. 26-6-1995, Ext., p.1.
[Pondicherry].---Manufacture, marketing and distribution of petroleum products-- Pondi.
Gaz., di. 8-6-1969, p. 299.
[Punjab]---11. Chemical fertilizer industry----Puni. Gaz., tit. 8-11-1967, Pt. 1, p. 1059.
12. Manufacture, marketing and distribution of petroleum products---Punj. dt. 29-8-1968, Pt.
1, p. 441.
22. Employment in sports goods agency—Punj. Gaz., dt, 8-84968, Pt.1, Ext. p. 319.
23. Employment in electricity generation and supply---Punj. Gaz., tit.2-8-1968, Pt. Ext. p. 315.
119
24. Processing and marketing of agricultural produce—Punj. Gaz.„ cit. 19-1-19%), Ext., p.45.
25. Production and distribution of essential agricultural implements including insecticides—
Punj. Gaz., --dt. 16-7-1982, Pt. I, p. 1754.
26. National Airports Authority Punj. Gaz., dt. 4-10-1991, Pt.111 (LS), p. 427.
27. Any industry in relation to which the State Government is the appropriate Government
and the entire production of which is exported—Punj. Gaz., dt. 27-5-1994, Pt. III (LS), p. 193.
[Rajasthan]--17. manufacture, marketing and distribution of petroleum products—Raj. Gaz.,
dt. 4-11-1967, Pt. IV (Ga), Ext., p. 685.
18. Manufacture and delivery of oxygen gas—Raj. Gaz., dt. 26-9-1969, Pt. IV (Ga), Ext., p.
1046.
19. Works at Khetri Copper Project, Khetri Nagar – Raj. Gaz,. Dt. 23-12-1972, pt. I (Kha), Ext.,
P. 1.
20. Works on Rajasthan Canal Project -- Raj. Gaz., dt. 26-4-1973, Pt. IV (Ga), P. 79.
21. Works on Chambal Project – Raj. Gaz., dt. 26-4-1973, Pt. IV (Ga), P.79.
22. Works on Mahi Bajaj Sagar Project – Raj. Gaz., dt. 26-4-1973, Pt. IV (Ga), P.79.
23. Chemical and fertilizer industry – Raj. Gaz., dt. 3-5-1972, pt. I (Gha) , P. 23.
24. Warehousing – Raj. Gaz., dt. 7-4-1980, pt. IV (Ga), Ext., P. 417.
25. Works in dairy plants—Raj. Gaz., dt. 7-4-1980, Pt. IV (Gha), Ext., p. 1.
26. Works in chilling centres---Raj. Gaz., dt. 7-4-1980, Pt. IV (Gha), Ext., p. 1.
27. Works in milk produces co-operative unions—Raj. Gaz. Dt. 7-4-1980, Pt. IV (Gha), Ext.,
p.1.
28. All hundred per cent export-oriented units with an investment of Rs. 10 crore and
above—Raj. Gaz., dt. 31-3-1995, Pt. IV (Gha), Ext., p. 59.
[Tamil Nadu]
11. Leather.
12. Oxygen and acetylene T.N. Act, 9 of 1963,S. 3 (24-5-1963).
Manufacture, marketing and distribution of petroleum products--G.O.Ms. 1320, dt. 17-4-
1967.
Rayon, nylon and other synthetic fibre industry T.N. Gaz., dt. 13-5-1970, Pt. II, S. 1, p. 809.
Heavy chemicals industry---T. N. Gaz., di. 9-9-1970, Pt. II, S. 2, p. 1440.
Industry in manufacture of steam generation equipments like pressure boilers, valves and
fillings, pressure vessels and package boilers---- T.N. Gaz., dt. 2-12-1970, Pt. 11, S. 1, p. 1783.
Production of aluminium—T.N. Gaz., dt. 27-6-1973, Pt. 11, S. 1, p. 324.
Surgical and pharmaceutical industry—T.N. Gaz., d t. 23-3-1980, Pt.II, S. 2, p. 198.
Heat exchangers—G.O.Ms. 2627, dt.18-11-1980. Magnesite processing industry—C.O.Ms.
1533, d t.16-7-1981.
Electric goods manufacturing---T.N. Gaz., dt. 13-4-1983, Pt. II, S. 2, p. 301.
Establishments engaged in manufacture, distribution and service of vertical transportation
equipments—G.O.Ms. 1206, d t. 20-5-1983.
Madras Export Processing Zone—T.N. Gaz., dt.13-11-1985, Pt. II, S. 2, p. 860 (No. 44).
Manufacture of Boiler Auxiliaries for high pressure boilers---T.N. Gaz., 29-10-1986, Pt. II. S. 2,
p. 760 (No. 42).
Any banking service in the Co-operative Sector----T.N. Gaz., dt. 24-6-1992, Pt. II, S. 2, p. 334
(No. 25).
Service in National Airports Authority—T.N. Gaz., dt. 10-7-1991, Pt. II, S.2, p. 473 (No. 26).
120
All industrial gases other than oxygen and acetylene manufacturing industry—T.N. Gaz., dt.
28-10-1992, Pt. 11, S. 2, p. 612.
Industrial units whose entire production is exported—T.N. Gaz., dt. 8-6-1994, Pt, S. 2, p. 490.
The hundred per cent. export-oriented units approved by the Government of India and the
units set up in the Export Processing Zones established with the approval of the Government
of India—T.N. Gaz., dt. 8-12-1994, Pt. II, S. 2, Ext., p. 1.
Industrial establishments in the public sectors and all co-operative in registered under the
Tamil Nadu Co-operative Societies Act, 1983 engaged in procurement, storage and
distribution of essential commodities—C.O.Ms. 1961, cit. 16-8-1983 and T.N. Gaz., dt. 21-12-
1994, PHI, S. 2, p. 1250.
Airport Authority of Indian (National Airports Division)---T.N. Gaz., dt. 30-5-1995, Pt. II, S.2,
Ext., p.1.
Service of the maintenance staff in the project offices of Sipcot Industrial Complexes in the
State—T.N. Gaz., dt. 9-8-1995, Pt. II, S.2, p. 665.
[Tripura]:Service in National Airport Authority—Tri. Gaz., dt. 25-6-1991, Pt. I,Ext., p.3.
Service in Airports Authority of India—Tri.Gaz., dt. 2-8-1995, Pt. I, Ext., p. 1.
[West Bengal]
11. Oxygen and acetylene—W.B. Act 25 of 1961, S. 8.
12. Fertilizer—Cal. Gaz., dt. 25-1-1968, Pt. I, p. 183.
13. Manufacture, marketing and distribution of petroleum products—Cal. Gaz., dt. 28-1-1968,
Pt. I, p. 183.
14. Yeast-Cal. Gaz., dt. 28-3-1968, Pt. I, p. 715.
15. Distillery industry-- Cal. Gaz., dt. 28-3-1968, Pt. I, p. 715.
16. Any service or construction undertakingsin connection with construction work in any port
or dock area-- Cal. Gaz., dt. 14-11-1974, Pt. I, p. 742.
17. Battery Manufacturing—Cal. Gaz., dt. 4-11-1974, Pt. I, p. 1807.
18. Graphite products—Cal. Gaz., di. 5-12- I 974, Pt, p. 2074.
19. Chemical—Cal. Gaz., dt. 28-10-1976, Pt. I, p. 2796.
20. Pharmaceutical—Cal. Gaz., dt. 2840-1976, Pt. I, p. 2796.
21. Godown or any premises used for storing articles solely for export to foreign countries—
Cal. Gaz., dt. 28-10-1976, Pt. p. 2796.
THE SECOND SCHEDULE
[See Section 7]
Matters within the jurisdiction of Labour Courts
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.
121
State Amendment: [Madhya Pradesh]: In its application to the State of Madhya
Pradesh, the Second Schedule shall be renumbered as Part-A thereof and in the
Second Schedule, after Part-A, as to be renumbered insert the following, namely:
PART-B
[See section 7(1-A))
CENTRAL ACTS OFFENCES WHEREUNDER TRIABLE BY LABOUR COURT
1. The Trade Unions Act, 1926.
2. The Payment of Wages Act, 1936.
3. The Factories Act, 1948.
4. The Minimum Wages Act, 1948.
5. The Employees' State Insurance Act, 1948.
6. The Employees' Provident Fund and Miscellaneous Provisions Act, 1952.
7. The Working Journalists and other Newspaper Employees (Conditions of
Service) an Miscellaneous Provisions Act, 1955.
8. The Motor Transport Workers Act, 1961.
9. The Maternity Benefits Act, 1961.
10. The Payment of Bonus Act, 1965.
11. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
12. The Contract Labour (Regulation and Abolition) Act, 1970.
13. The Payment of Gratuity Act, 1972.
14. The Sales Promotion Employees (Conditions of Service) Act, 1976.
15. The Equal Remuneration Act, 1976.
16. The Inter-State Migrant Workmen (Regulation of Employment and
Condition; Service) Act, 1979".-See M.P. Act 43 of 1981, S. 3(v) (w.e.f. 26-1-
1982).
THE THIRD SCHEDULE
[See Section 7-A]
Matters within the jurisdiction of Industrial Tribunals
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.
122
THE FOURTH SCHEDULE
[See Section 9-A]
Conditions of Service for change of which notice is to be given
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, alteration 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 in so
far 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 reductions(Other than casual) in the number of person employed
or to be employed in any occupation or process or department or shift 272[not
occasioned by circumstances over which the employer has no control.]]
273[THE FIFTH SCHEDULE
[See Section 2(ra)]
Unfair Labour Practices
I On the part of employers and trade unions of employers
1. 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;
(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
123
(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
workmen to join or organise a trade union;
(b) discharging or dismissing a workman fortaking part in strike (not being
a strike Which is deemed to be an ill 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 theirtrade
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 trumped up allegations of absence without leave;
(f) 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 technical character, without having any
regard to the nature of the particular misconduct or the past record or
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, underthe 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.
124
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 the them as
such for years, with the object of depriving them of in 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 illegalstrike.
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 advice 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 workmen
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 a 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.
274[Explanation: For the purpose of this paragraph, ‘go slow’ means any such
activity by any number of persons, employed in any industry, acting in
combination or with common understanding, to slow down or to delay the
process of production or work purposely whether called by work to rule or
by any other name so as the fixed or average or normal level of production
or work or output of workman or workmen of the establishment is not
achieved:
Provided that all necessary ingredients or inputs for standard quality
production or work are made available in time and in sufficient quantity.”]
125
6. To stage demonstrations at the residences of the employers or the
managerialstaff 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.]
State Amendment - Punjab
In the principal Act, in Fifth Schedule, in part II, after paragraph 5, the following
Explanation shall be added, namely:-
275[Explanation.- For the purpose of this paragraph, ‘go slow’ means any such activity by
any number of persons, employed in any industry, acting in combination or with
common understanding, to slow down or to delay the process of production or work
purposely whether called by work to rule or by any other name, so as the fixed or
average or normal level of production or work or output of workman or workmen of the
establishment is not achieved:
Provided that all necessary ingredients orinputs forstandard quality production or work
are made available in time and in sufficient quantity]
1 Subs. by Act 36 of 1956, s. 2, for the sub-section (1) (w.e.f. 29-8-1956).
2 Proviso omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
3 Certain words and figures inserted by Act 10 of 1963, s. 47 and Sch. II, Pt. II have been omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
4 The words "by the Federal Railway Authority" omitted by the A. O. 1948.
5 Ins. by Act 65 of 1951, s. 32.
6 The words "operating a Federal Railway" omitted by the A. O. 1950.
7 Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1-1962).
8 Subs. by Act 36 of 1964, s. 2, for “the Deposit Insurance Corporation established" (w.e.f. 19-12-1964).
9 Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
10 Subs. by Act 46 of 1982, s. 2 (w.e.f. 1-1-1962).
11 Substituted by Act 24 of 1996, S.2, for “the Industrial Finance Corporation of India established under section 3 of the Industrial Finance
Corporation Act, 1948 (15 of 1948)” (w.e.f. 11-10-1995).
12 The words and figures “or the ‘Indian Airlines’ and ‘Air India’ Corporation Act, 1953 (27 of 1956)” omitted by Act 24 of 1996, S.2 (w.e.f.
11-10-1995).
13 Substituted by Act 24 of 1996, S.2, for “the Oil and Natural Gas Commission established under section 3 of the Oil and Natural Gas
Commission Act, 1959 (43 of 1959)” (w.e.f. 11-10-1995).
14 Substituted by Act 24 of 1996, S.2, for “the International Airports Authority of India constituted under section 3 of the International
Airports Authority Act, 1971 (43 of 1971)” (w.e.f. 11-10-1995).
15 Inserted by Act 53 of 1987, S.56 and Sch.II, Pt. III (w.e.f. 9-7-1988).
16 Substituted by Act 54 of 1959, S. 3, for “a mine oil-field”.
17 Substituted by Act 24 of 1996, S.2, for “a banking or an insurance company” (w.e.f. 11-10-1995).
18 Inserted by Act 36 of 1996, S.2, (w.e.f. 18-12-1964).
19 Subs. by Industrial Disputes (Amendment) Act No. 24 of 2010. [w.e.f. 15-9-2010].
20 Inserted by Act 36 of 1996, S.2, (w.e.f. 18-12-1964).
21 Inserted by Act 43 of 1953, S.2 (w.e.f. 24-10-1953).
22 Cl. (aa) re-lettered as (aaa) by Act 36 of 1964, S.2 (w.e.f. 19-12-1964).
23 Substituted by Act 36 of 1956, S.3, for Cl. (b) (w.e.f. 10-3-1957).
24 Substituted by Act 38 of 1959, S.64 and Sch.III, Pt. II, for CL (bb). Earlier CL. (bb) was inserted by Act 54 of 1949, S.3.
25 The short title now reads as “the Banking Regulation Act, 1949”.
26 Inserted by Act 28 of 1981, S.40 and Sch. II, Pt. II (w.e.f. 1-1-1982).
27 Inserted by Act 62 of 1984, S. 71 and Sch. III, Pt. II (w.e.f. 20-3-1985).
28 The words "the Industrial Bank of India" omitted by Act 53 of 2003, S. 12 and Sch. (w.e.f. 2-7-2004).
29 Inserted by Act 39 of 1989, S.53 and Sch. II.
30 Substituted by Act 5 of 1970, S. 20, for “and any subsidiary bank” (w.e.f. 19-7-1969).
31 Substituted by Act 40 of 1980, S.20, for certain words (w.e.f. 15-4-1980).
32 Inserted by Act 46 of 1982, S. 2 (w.e.f. 21-8-1984).
33 Inserted by Act 65 of 1951, S. 32.
34 Cl. (eee) omitted by Act 36 of 1964, S.2 (w.e.f. 19-12-1964). Earlier Cl. (eee) was inserted by Act 43 of 1953, S.2.
126
35 Substituted by the A. O. 1948, for "a Government in British India".
36 Inserted by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
37 Cl. (h) defining “Federal Railway” omitted by the A. O. 1950.
38 Ins. by Act 18 of 1952, s. 2.
39 On the enforcement of Cl. (c) of S. 2 of Act 46 of 1982, Cl. (j)shall stand substituted as under: "[(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 5-A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948); (b) any activity relating to the promotion of sales
or business or both carried on by an establishment, but does not include—(1) any agricultural operation except where such agricultural
operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the for egoing provisions
of this clause) and such other activity is the predominant one.
Explanation. —For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined
in clause (f) of section 2 of the' Plantations Labour Act, 1951; or
(2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed by
organisation 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; (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 individual or body of individuals in
relation to such profession isless than ten; or (9) any activity, being an activity carried on by a co-operative society or a club or any other like
body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such
activity is less than ten.]”
40 Inserted by Act 46 of 1982, S.2 (w.e.f. 21-8-1984).
41 Inserted by Act 54 of 1949, s. 3 (w.e.f. 14-12-1949).
42 Cl.(kka) re-lettered as Cl. (kkb) and Cl. (kka) inserted by Act 46 of 1982, S.2 (w.e.f. 21-8-1984).
43 Cl.(kka) re-lettered as Cl. (kkb) and Cl. (kka) inserted by Act 46 of 1982, S.2 (w.e.f. 21-8-1984).
44 Inserted by Act 36 of 1956, S.3 (w.e.f. 10-3-1957).
45 Inserted by Act 43 of 1953, S.2 (w.e.f. 24-10-1953).
46 Substituted by Act 46 of 1982, S.2, for “or for any other reason” (w.e.f. 21-8-1984)
47 Substituted by Act 46 of 1982, S. 2, for certain words (w.e.f. 21-8-1984).
48 Inserted by Act 36 of 1964, S. 2 (w.e.f. 19-12-1964).
49 Inserted by Act 36 of 1956, S. 3 (w.e.f. 10-3-1957).
50 Inserted by Act 45 of 1971, S. 2 (w.e.f. 15-12-1971).
51 Inserted by Act 36 of 1964, S. 2 (w.e.f. 19-12-1964).
52 Inserted by Act 36 of 1964, S. 2 (w.e.f. 19-12-1964).
53 Substituted by Act 36 of 1964, S. 2, for "Schedule" (w.e.f. 19-12-1964).
54 Now see the Railways Act, 1989 (24 of 1989).
55 Inserted by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
56 Inserted by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984).
57 Substituted by Act 36 of 1956, s. 3, for cl. (p) (w.e.f. 7-10-1956).
58 Inserted by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965).
59 Inserted by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
60 Substituted by Act 18 of 1957, s. 2, for cl. (r) (w.e.f. 10-3-1957).
61 Inserted by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
62 Inserted by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
63 Inserted by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
64 Substituted by Act 46 of 1982, s. 2, for Cl. (w. e. f. 21-8-1984).
65 Substituted by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), S. 2(ii), for “one thousand six hundred rupees” (w.e.f. 15-9-
2010).
66 Inserted by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965).
67 S.2-A renumbered as sub-S. (1) thereof by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), S.3 (w.e.f. 15-9-2010).
68 Inserted by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), S.3 (w.e.f. 15-9-2010).
69 Substituted by Madhya Pradesh Labour Law (Amendment) and Miscellaneous provisions Act, 2015, Dated 27
November 2015.
70 Substituted by Notification No. 8/3/2020-LA dated 26-06-2020.
71 Inserted by Notification No. 8/3/2020-LA dated 26-06-2020.
72 Added by No.21/73/2019-4L/1134, Dated 11-08-2020.
73 Substituted by The Tripura Ordinance No. 5 of 2020, Dated 21-08-2020.
74 Inserted by The Tripura Ordinance No. 5 of 2020, Dated 21-08-2020.
75 Substituted by Notification No. S.O. 3465(E), dated 05-10-2020.
76 Substituted by Act 36 of 1956, s. 4, for s. 7 (w.e.f. 10-3-1957).
77 Inserted by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
78 Cl. (c) Omitted by Act 46 of 1982, s. 3 (w.e.f. 21-8-1984).
79 Clauses (a) and (b) re-lettered as (d) and (e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
80 Clauses (a) and (b) re-lettered as (d) and (e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
81 Inserted by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), S. 4 (w.e.f. 15-9-2010).
82 Inserted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
83 Inserted by Act 36 of 1964, S.4 (w.e.f. 19-12-1964).
84 The word “or” omitted by Act 46 of 1982, S.4 (w.e.f. 21-4-1984).
127
85 Inserted by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), S.5 (w.e.f. 15-9-2010).
86 Inserted by Act 46 of 1982, s. 5 (w.e.f. 21-8-1984).
87 Substituted by Act 36 of 1956, s. 5, for ss. 8 and 9 (w.e.f. 10-3-1957).
88 Chap.II-A consisting of Ss. 9-A and 9-B, inserted by Act 36 of 1956, S.6 (w.e.f. 10-3-1957).
89 Substituted by Act 46 of 1982, S.6, for certain words (w.e.f. 21-8-1984).
90 Substituted by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), S.6, for Chap.II-B (w.e.f. 15-9-2010).
91 Substituted by Act 18 of 1952, s. 3, for "If any industrial dispute exists or is apprehended, the appropriate Government may".
92 Substituted by Act 36 of 1956, s. 7, for cl. (c) (w.e.f. 10-3-1957).
93 Substituted by s. 7, ibid., for "Provided that" (w.e.f. 10-3-1957).
94 Inserted by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
95 Inserted by Act 36 of 1956, s. 7 (w.e.f. 10-3-1957).
96 Substituted by s. 7, ibid., for "or Tribunal" (w.e.f. 10-3-1957).
97 Inserted by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
98 Substituted by Act 36 of 1956, s. 7, for "or Tribunal" (w.e.f. 10-3-1957).
99 Inserted by Act 18 of 1952, s. 3.
100 Substituted by Act 36 of 1956, s. 7, for "a Tribunal" (w.e.f. 10-3-1957).
101 Substituted by Act 36 of 1956, s. 7, for "a Tribunal" (w.e.f. 10-3-1957).
102 Substituted by Act 36 of 1956, s. 7, for "a Tribunal" (w.e.f. 10-3-1957).
103 Inserted by Act 36 of 1956, S.7 (w.e.f. 10-3-1957).
104 Inserted by Act 36 of 1964, s. 5 (w.e.f. 19-12-1964).
105 Inserted by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
106 Inserted by Act 36 of 1964, s. 6 (w.e.f. 19-12-1964).
107 Substituted by Act 36 of 1964, s. 6, for "fourteen days" (w.e.f. 19-12-1964).
108 Inserted by Act 36 of 1964, s. 6 (w.e.f. 19-12-1964).
109 Inserted by Act 36 of 1964, s. 6 (w.e.f. 19-12-1964).
110 Substituted by Act 36 of 1956, s. 9, for sub-section (1) (w.e.f. 10-3-1957).
111 Substituted by s. 9, ibid., for "Court or Tribunal" (w.e.f. 10-3-1957).
112 Substituted by Act 36 of 1956, s. 9, for "and Tribunal" (w.e.f. 10-3-1957).
113 Substituted by Act 36 of 1956, s. 9, for "and Tribunal" (w.e.f. 10-3-1957).
114 Substituted by Act 46 of 1982, s. 9, for certain words (w.e.f. 21-8-1984).
115 Inserted by Act 36 of 1956, S.9 (w.e.f. 17-9-1956).
116 Substituted by Act 46 of 1982, s. 9, for certain words (w.e.f. 21-8-1984).
117 Substituted by s. 9, ibid., for sub-sections (5) to (7) (w.e.f. 10-3-1957). Sub-S. (7) was inserted by Act 48 of 1950, S. 34 and Sch.
118 Inserted by Act 48 of 1950, s. 34 and Sch.
119 Substituted by Act 36 of 1956, s. 9, for "Tribunal" (w.e.f. 10-3-1957).
120 Substituted by Act 46 of 1982, S.9, for “Sections 480, 482 and 484 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 21-8-
1984).
121 Inserted by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), S.7 (w.e.f. 15-9-2010).
122 Inserted by Act 45 of 1971, s. 3 (w.e.f. 15-12-1971).
123 Inserted by Act 35 of 1965, s. 4 (w.e.f. 1-12-1965).
124 Substituted by Act 36 of 1956, s. 10. for "or Tribunal" (w.e.f. 10-3-1957).
125 Inserted by Act 36 of 1956, s. 10 (w.e.f. 10-3-1957).
126 Inserted by Act 36 of 1964, s. 8 (w.e.f. 19-12-1964).
127 Substituted by Act 36 of 1956, s. 11. for "or Tribunal" (w.e.f. 10-3-1957).
128 Substituted by Act 40 of 1951, s. 6, for "of the notice under section 22".
129 Substituted by Act 36 of 1956, s. 12, for ss. 15, 16, 17 and 17A (w.e.f. 10-3-1957). S. 17-A was inserted by Act 48 of 1950, s. 34 and Sch.
130 Inserted by Act 46 of 1982, S.11 (w.e.f. 21-8-1984).
131 Inserted by Act 36 of 1956, s. 13 (w.e.f. 10-3-1957).
132 Substituted by Act 36 of 1964, s. 9, for "An arbitration award" (w.e.f. 19-12-1964).
133 S. 18 renumbered as sub-section (3) of that section by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956).
134 Ins. by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964).
135 Substituted by Act 48 of 1950, s. 34 and Sch., for "an award which is declared by the appropriate Government to be binding under subsection (2) of section 15".
136 Inserted by Act 36 of 1956, s. 13 (w.e.f. 10-3-1957).
137 Inserted by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964).
138 Substituted by s. 13, ibid., for "or Tribunal" (w.e.f. 10-3-1957).
139 The words “arrived at in the course of a conciliation proceeding under this Act” omitted by Act 36 of 1956, s. 14 (w.e.f. 7-10-1956).
140 Substituted by Act 48 of 1950, s. 34 and Sch., for sub-section (3).
141 Inserted by Act 36 of 1956, s. 14 (w.e.f. 10-3-1957).
142 Substituted by s. 14, ibid., for "to a Tribunal" (w.e.f. 10-3-1957).
143 Substituted by s. 14, ibid., for "to a Tribunal" (w.e.f. 10-3-1957).
144 The words "subject to the provision for appeal" omitted by s. 14, ibid. (w.e.f. 10-3-1957).
145 Inserted by Act 36 of 1964, s. 10 (w.e.f. 19-12-1964). The former sub-section (7) was omitted by Act 36 of 1956,s. 14 (w.e.f. 17-9- 1956).
146 Substituted by Act 36 of 1956, s. 15, for "or Tribunal" (w.e.f. 10-3-1957).
147 Substituted by s. 15, ibid., for “before a Tribunal" (w.e.f. 10-3-1957).
148 Substituted by s. 15, ibid., for “reference of a dispute for adjudication" (w.e.f. 10-3-1957).
149 Substituted by Act 18 of 1952, s. 4, for certain words and figures.
150 Substituted by Act 36 of 1956, s. 16, for "or Tribunal" (w.e.f. 10-3-1957).
151 Substituted by Act 36 of 1956, s. 16, for "or Tribunal" (w.e.f. 10-3-1957).
152 Substituted by Act 36 of 1956, s. 16, for "or Tribunal" (w.e.f. 10-3-1957).
153 Substituted by s. 16, ibid., for “Court or Tribunal" (w.e.f. 10-3-1957).
128
154 Inserted by Himachal Pradesh Ordinance No. 4 of 2020 dated 09-07-2020.
155 Inserted by Himachal Pradesh Ordinance No. 4 of 2020 dated 09-07-2020.
156 Substituted by Act 36 of 1956, s. 17, for "a Tribunal" (w.e.f. 10-3-1957).
157 The word “or" omitted by Act 36 of 1964, s. 11 (w.e.f. 19-12-1964).
158 Inserted by s. 11, ibid. (w.e.f. 19-12-1964).
159 Inserted by Act 36 of 1964, s. 12 (w.e.f. 19-12-1964).
160 Inserted by Act 36 of 1964, s. 12 (w.e.f. 19-12-1964).
161 Substituted by Act 36 of 1956, s. 18, for "or Tribunal" (w.e.f. 10-3-1957).
162 Inserted by Act 36 of 1964, s. 12 (w.e.f. 19-12-1964).
163 Inserted by Act 43 of 1953, s. 3 (w.e.f. 24-10-1953).
164 Substituted by Act 32 of 1976, s. 2, for "shall not apply--" (w.e.f. 5-3-1976).
165 Substituted by Act 48 of 1954, s. 2, for the former Explanation (w.e.f. 1-4-1954).
166 Substituted by Act 36 of 1964, s. 3, for s. 25-B (w.e.f. 19-12-1964).
167 Substituted by Act 35 of 1965, s. 5, for the former section 25-C (w.e.f. 1-12-1965).
168 Omitted by Act 49 of 1984, s. 3 (w.e.f. 18-8-1984).
169 Substituted by Act 36 of 1964, s. 14, for "for every completed year of service" (w.e.f. 19-12-1964).
170 Inserted by s. 14, ibid. (w.e.f. 19-12-1964).
171 Substituted by Madhya Pradesh Labour Law (Amendment) and Miscellaneous Provisions Act, 2015
172 172Substituted by Madhya Pradesh Labour Law (Amendment) and Miscellaneous Provisions Act, 2015
173 Inserted by Himachal Pradesh Ordinance No. 4 of 2020 dated 09-07-2020.
174 Substituted by Act 36 of 1964, s. 14, for "for every completed year of service" (w.e.f. 19-12-1964).
175 Substituted by Notification No. S.O. 3465(E), dated 05-10-2020.
176 Substituted by Act 36 of 1964, s. 14, for "for every completed year of service" (w.e.f. 19-12-1964).
177 Substituted by Act 18 of 1957, s. 3, for the former section (w.e.f. 28-11-1956). S. 25FF was inserted by Act 41 of 1956, s. 3.
178 Inserted by Act 32 of 1972, s. 2 (w.e.f. 14-6-1972).
179 Substituted by Act 45 of 1971, s. 4, for the original Explanation (w.e.f. 15-12-1971).
180 Ins. by s. 4, ibid. (w.e.f. 15-12-1971).
181 Substituted by Act 36, of 1964, s. 15, for "completed year of service" (w.e.f. 19-12-1964).
182 Substituted by s. 16, ibid. for certain words (w.e.f. 19-12-1964).
183 Substituted by s. 17, ibid., for the proviso (w.e.f. 19-12-1964).
184 Chap. V-B added by Act 32 of 1976, S. 3 (w.e.f. 5-3-1976).
185 Substituted by Act 46 of 1982, s. 12, for “three hundred” (w.e.f. 21.8.1984).
186 Substituted by Bihar Ordinance No. 07, 2020 dated 02-07-2020.-2020.
187 Substituted by Madhya Pradesh Labour Law (Amendment) and Miscellaneous Provisions Act, 2015
188 Substituted by Himachal Pradesh Ordinance No. 4 of 2020 dated 09-07.
189 Substituted by GUJARAT ORDINANCE NO. 5 OF 2020, dated 03-07-2020.
190 Inserted by GUJARAT ORDINANCE NO. 5 OF 2020, dated 03-07-2020.
191 Substituted by the Notification Karnataka Ordinance No.15 OF 2020 dated 31-07-2020.
192 Substituted by the Notification Karnataka Ordinance No.15 OF 2020 dated 31-07-2020.
193 Substituted by No.21/73/2019-4L/1134, Dated 11-08-2020.
194 Substituted by Notification No. S.O. 3465(E), dated 05-10-2020.
195 Substituted by Act 49 of 1984, s. 4 (w.e.f. 18.8.1984).
196 Substituted by Act 49 of 1984, S.4, for sub-Ss. (2) to (5) (w.e.f. 18-8-1984).
197 Re-numbered by Act 49 of 1984, s. 4 (w.e.f. 18.8.1984).
198 Deleted by GUJARAT ORDINANCE NO. 5 OF 2020, dated 03-07-2020.
199 Added by GUJARAT ORDINANCE NO. 5 OF 2020, dated 03-07-2020.
200 Omitted by No.21/73/2019-4L/1134, Dated 11-08-2020.
201 Added by No.21/73/2019-4L/1134, Dated 11-08-2020.
202 Substituted by Act 46 of 1982, s. 14 (w.e.f. 21.8.1984).
203 Added by GUJARAT ORDINANCE NO. 5 OF 2020, dated 03-07-2020.
204 Added by No.21/73/2019-4L/1134, Dated 11-08-2020.
205 Omitted by Act 49 of 1984, s. 6 (w.e.f. 18.8.1984).
206 Substituted by Act 46 of 1982, s. 15 (w.e.f. 21.8.1984).
207 Omitted by s. 15, ibid. (w.e.f. 21-8-1984).
208 Inserted by s. 16, ibid. (w.e.f. 21.8.1984).
209 Substituted by Act 36 of 1956, s. 20, for s. 29 (w.e.f. 17-9-1956).
210 Inserted by Act 35 of 1965, s. 6 (w.e.f. 1-12-1965).
211 Inserted by Act 32 of 1972, s. 3 (w.e.f. 14-6-1972).
212 Inserted by The Tripura Ordinance No. 5 of 2020, Dated 21-08-2020.
213 Inserted by Notification No. S.O. 3465(E), dated 05-10-2020.
214 Substituted by Act 36 of 1956, s. 21, for s. 33 (w.e.f. 10-3-1957).
215 Inserted by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964).
216 Inserted by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964).
217 Substituted by Act 45 of 1971, s. 5, for "an officer" (w.e.f. 15-12-1971).
218 Inserted by Act 36 of 1964, s. 18 (w.e.f 19-12-1964).
219 Substituted by Act 46 of 1982, s. 17 (w.e.f. 21-8-1984).
220 Inserted by Act 46 of 1982, s. 17 (w.e.f. 21.8.1984).
221 Inserted by Act 48 of 1950, s. 34 and Sch.
222 Substituted by Act 46 of 1982, s. 18 (w.e.f. 21.8.1984).
223 Substituted by Act 46 of 1982, s. 18 (w.e.f. 21.8.1984).
224 Inserted by Act 36 of 1956, s. 23 (w.e.f. 10-3-1957).
129
225 Substituted by Act 36 of 1964, s. 19, for S. 33-C (w.e.f. 19-12-1964).
226 Substituted by Act 32 of 1976, s. 4, for "Chapter VA" (w.e.f. 5-3-1976).
227 Inserted by Act 46 of 1982 s. 19 (w.e.f. 21-8-1984).
228 Inserted by Act 46 of 1982 s. 19 (w.e.f. 21-8-1984).
229 Substituted by s. 20, ibid. (w.e.f. 21.8.1984).
230 Substituted by Act 48 of 1950, s. 34 and Sch., for s. 36.
231 Substituted by Act 45 of 1971, s. 6 (w.e.f. 15-12-1971).
232 Substituted by Act 45 of 1971, s. 6 (w.e.f. 15-12-1971).
233 Substituted by Act 45 of 1971, s. 6 (w.e.f. 15-12-1971).
234 Substituted by Act 36 of 1956, s. 24, for "before a Tribunal" (w.e.f.10-3-1957).
235 Substituted by s. 24, ibid., for “with the leave of the Tribunal" (w.e.f. 10-3-1957).
236 Inserted by Act 36 of 1956, s. 25, ibid. (w.e.f. 10-3-1957).
237 Inserted by Act 46 of 1982, s. 21 (w.e.f. 21-8-1984).
238 Inserted by The Tripura Ordinance No. 5 of 2020, Dated 21-08-2020.
239 Inserted by BIHAR ACT 15, 2020 dated 18-11-2020.
240 Substituted by Act 36 of 1956, s. 24, for "before a Tribunal" (w.e.f. 10-3-1957).
241 Inserted by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957).
242 Inserted by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).
243 Cl. (ab) omitted by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), S. 8(i) (w.e.f. 15-9-2010).
244 Substituted by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), S. 8(ii), for Cl. (c) (w.e.f. 15-9-2010).
245 Substituted by Act 36 of 1956, s. 26, for “or Tribunals" (w.e.f. 10-3-1957).
246 Substituted by Act 36 of 1956, s. 26, for “or Tribunals" (w.e.f. 10-3-1957).
247 Inserted by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957).
248 Inserted by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).
249 Substituted by Act 32 of 1976, s. 5, for certain words (w.e.f. 5-3-1976).
250 Substituted by Act 36 of 1956, s. 27, for s. 39 (w.e.f. 17-9-1956).
251 Substituted by Act 36 of 1964, s. 21, for s. 40 (w.e.f. 19-12-1964), which was inserted by Act 36 of 1956, s. 28. Original s. 40 was rep. by
Act 35 of 1950, s. 2 and Sch. I.
252 Schedule substituted as First Schedule to Fourth Schedule by Act No. 36 of 1956, S.29, w.e.f. 10-3-1957.
253 Substituted for the words “by land, water or air” by Act No. 36 of 1964, s. 22, w.e.f. 19-12-1964.
254 Added by SO No. 21.93, dated 30-6-1965.
255 Added by SO No. 1444, dated 3-5-1966.
256 Added by SO No. 726, dated 21-2-1967.
257 Added by SO No. 1776, dated 10-5-1967.
258 Item 18 omitted by Act No. 45 of 1971, s. 7.
259 Added by Gazette of India, dated 27-4-1968.
260 Added by SO No. 2061, dated 30-5-1970.
261 Added by Gazette of India.
262 Added by Karnataka Gazette, dated 3-10-1968.
263 Added by SO No. 4697, dated 26-11-1976.
264 Added by SO No. 47, dated 17-12-1976.
265 Added by SO No. 2474, dated 4-9-1980.
266 Added by SO No 946, dated 7-3-1981.
267 Added by SO N 4207 dated 20-11-1984.
268 Substituted b S 0 1808(E), dated 5-8-2011.
269 Added by SO No. 967, dated 8-4-1995.
270 Added by S.O. 997(E), dated 29-8-2003
271 Sl. Nos. 30 and 31 added by S.O. 1431(E), dated 27-6-2012.
272 Substituted for the words “not due to forced matters” by Act No. 36 of 1964, s. 23, w.e.f. 19-12-1964.
273 Fifth Schedule inserted by Ad No. 46 of 1982, s. 23, w.e.f. 21-8-1984
274 Added by Act No.12 of Industrial Disputes (Andhra Pradesh Amendment) Act, 2015.
275 Added by No.21/73/2019-4L/1134, dated 11-08-2020.