Industrial disputes act, Study notes of Law

Download Industrial disputes act and more Study notes Law in PDF only on Docsity! 1 THE INDUSTRIAL DISPUTES ACT, 1947 ____________ ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. CHAPTER II AUTHORITIES UNDER THIS ACT 3. Works Committee. 4. Conciliation officers. 5. Board of Conciliation. 6. Courts of Inquiry. 7. Labour Courts. 7A. Tribunals. 7B. National Tribunals. 7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals. 7D. Qualifications, terms and conditions of service of Presiding Officer. 8. Filling of vacancies. 9. Finality of orders constituting Boards, etc. CHAPTER IIA NOTICE OF CHANGE 9A. Notice of change. 9B. Power of Government to exempt. CHAPTER IIB REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES 9C. Setting up of Grievance Settlement Authorities and reference of certain individual disputes to such authorities. CHAPTER III REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS 10. Reference of disputes to Boards, Courts or Tribunals. 10A. Voluntary reference of disputes to arbitration. 2 CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES SECTIONS 11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals. 11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen. 12. Duties of conciliation officers. 13. Duties of Board. 14. Duties of Courts. 15. Duties of Labour Courts, Tribunals and National Tribunals. 16. Form of report or award. 17. Publication of reports and awards. 17A. Commencement of the award. 17B. Payment of full wages to workman pending proceedings in higher courts. 18. Persons on whom settlements and awards are binding. 19. Period of operation of settlements and awards. 20. Commencement and conclusion of proceedings. 21. Certain matters to be kept confidential. CHAPTER V STRIKES AND LOCK-OUTS 22. Prohibition of strikes and lock-outs. 23. General prohibition of strikes and lock-outs. 24. Illegal strikes and lock-outs. 25. Prohibition of financial aid to illegal strikes and lock-outs. CHAPTER VA LAY-OFF AND RETRENCHMENT 25A. Application of sections 25C to 25E. 25B. Definition of continuous service. 25C. Right of workmen laid-off for compensation. 25D. Duty of an employer to maintain muster rolls of workmen. 25E. Workmen not entitled to compensation in certain cases. 25F. Conditions precedent to retrenchment of workmen. 25FF. Compensation to workmen in case of transfer of undertakings. 25FFA. Sixty days’ notice to be given of intention to close down any undertaking. 25FFF. Compensation to workmen in case of closing down of undertakings. 25G. Procedure for retrenchment. 25H. Re-employment of retrenched workmen. 25-I. [Repealed.] 25J. Effect of laws inconsistent with this Chapter. 5 THE INDUSTRIAL DISPUTES ACT, 1947 ACT NO. 14 OF 19471 [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[(2) It extends to the whole of India: 3* * * * *] (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 4*** any industry carried on by or under the authority of the Central Government, 5*** or by a railway company 6[or concerning any such controlled industry as may be specified in this behalf by the Central Government] 7*** or in relation to an industrial dispute concerning 8[9[10[11[a Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or 12[the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956)], or the Employees’ State Insurance Corporation established under section 3 of the Employees’ State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under section 5A and section 5B, respectively, of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), 13***, or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 14[the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)], or the 1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the schedule (w.e.f. 19-12-1962); to Pondicherry by Reg. 7 of 1963 (w.e.f. 1-10-1963); and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and the Schedule. 2. Subs. by Act 36 of 1956, s. 2, for the sub-section (2) (w.e.f. 29-8-1956). 3. Omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 4. Certain words omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 5. The words “by the Federal Railway Authority” omitted by the A.O. 1948. 6. Ins. by Act 65 of 1951, s. 32. 7. The words “operating a Federal Railway” omitted by the A.O. 1950. 8. Ins. by Act 47 of 1961, s. 51 and the Second Schedule, Part III (w.e.f. 1-1-1962). 9. Subs. by Act 36 of 1964, s. 2, for “the Deposit Insurance Corporation established” (w.e.f. 19-12-1964). 10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). 11. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 12. Subs. 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). 13. The words and figures “or the “Indian Airlines” and “Air India” Corporations established under section 3 of the Air Corporations Act, 1953 (27 of 1953)” by s. 2, ibid. (w.e.f. 11-10-1995). 14. Subs. 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). 6 Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3 or a Board of Management established for two or more contiguous States under section 16 of the Food Corporations Act, 1964 (37 of 1964), or 1[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 2[the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or 3[4[an air transport service, or a banking or an insurance company], a mine, an oil- field] 5[, a Cantonment Board,] or a 6[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] 7[(ii) in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal 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 contractor 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;] 6[(aa) “arbitrator” includes an umpire;] 8[ 9[(aaa)] “average pay” means the average of the wages payable to a workman— (i) in the case of monthly paid workman, in the three complete calendar months, (ii) in the case of weekly paid workman, in the four complete weeks, (iii) in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete 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;] 10[(b) “award” means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A;] 11[(bb) “banking company” means a banking company as defined in section 5 of the Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, and includes 12[the Export-Import Bank of India,] 13[the Industrial Reconstruction Bank of India,] 1. Subs. by Act 24 of 1996, s. 2, for “the International Airports Authority of India constituted under section 3 of the International Airports Authority of India Act, 1971 (48 of 1971)” (w.e.f. 11-10-1995). 2. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988). 3. Subs. by Act 54 of 1949, s. 3, for “a mine oil-field”. 4. Subs. by Act 24 of 1996, s. 2, for “a banking or an insurance company” (w.e.f. 11-10-1996). 5. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 6. Subs. by Act 24 of 2010, s. 2, for “major port, the Central Government, and” (w.e.f 15-9-2010). 7. Subs. by s. 2, ibid., for sub-clause (ii) (w.e.f. 15-9-2010). 8. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 9. Clause (aa) re-lettered as clause (aaa) by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 10. Subs. by Act 36 of 1956, s. 3, for clause (b) (w.e.f. 10-3-1957). 11. Subs. by Act 38 of 1959, s. 64 and the third Schedule, Part II, for clause (bb). 12. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 4-1-1982). 13. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985). 7 1[2***,] 3[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 4[, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) 5[, 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; 6[(cc) “closure” means the permanent closing down of a place of employment or part thereof;] (d) “conciliation officer” means a conciliation officer appointed under this Act; (e) “conciliation proceeding” means any proceeding held by a conciliation officer or Board under this Act; 7[(ee) “controlled industry” means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;] 8* * * * * (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 9[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; 10[(gg) “executive”, in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted;] 11* * * * * (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: 12[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;] 1. Ins. by Act 18 of 1964, s. 38 and the Second Schedule, Part II (w.e.f. 1-7-1964). 2. The words “the Industrial Development Bank of India” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004). 3. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (date to be notified). 4. Subs. by Act 5 of 1970, s. 20, for “and any subsidiary bank” (w.e.f. 19-7-1969). 5. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15-4-1980). 6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 7. Ins. by Act 65 of 1951, s. 32. 8. Omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 9. Subs. by the A.O. 1948, for “a Government in British India”. 10. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). 11. Clause (h) omitted by the A.O. 1950. 12. Ins. by Act 18 of 1952, s. 2. 10 (vi) any industry specified in the 1[First Schedule] which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification: Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate Government public emergency or public interest requires such extension; (o) “railway company” means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890); 2[(oo) “retrenchment” means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include— (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or 3[(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or] (c) termination of the service of a workman on the ground of continued ill-health;] 4[(p) “settlement” means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to 5[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 concerned 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; 6[(qq) “trade union” means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);] 7[(r) “Tribunal” means an Industrial Tribunal constituted under section 7A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;] 8[(ra) “unfair labour practice” means any of the practices specified in the Fifth Schedule; (rb) “village industries” has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);] 9[(rr) “wages” means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes— 1. Subs. by Act 36 of 1964, s. 2 for “Schedule” (w.e.f. 19-12-1964). 2. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 3. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984). 4. Subs. by Act 36 of 1956, s. 3, for clause (p) (w.e.f. 7-10-1956). 5. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965). 6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 7. Subs. by Act 18 of 1957, s. 2, for clause (r) (w.e.f. 10-3-1957). 8. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 9. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 11 (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 foodgrains or other articles; (iii) any travelling concession; 1[(iv) any commission payable on the promotion of sales or business or both;] but does not include— (a) any bonus; (b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; (c) any gratuity payable on the termination of his service;] 2[(s) “workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person— (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding 3[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 AMENDMENT Kerala Amendment of section 2.—In section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), in clause (s), for the words “clerical or supervisory work” the words “clerical, supervisory work or any work for the promotion of sales” shall be substituted. [Vide Kerala Act 12 of 2017, s. 2] Assam Amendment of section 2.—In the principal Act, in section 2, in clause (s), in between the words “or supervisory work” and “for hire or reward”, the words ‘or any work for the promotion of sales”, shall be inserted. [Vide Assam Act 22 of 2007, s. 2] Orissa Amendment of section 2.—In clause(s) of section 2 of the Industrial Disputes Act 1947 (14 of 1947), for the words and comma “operational, clerical or supervisory work”, the words and commas “sales promotion, operational, clerical or supervisory work or any work for promotion of sales” shall be substituted. [Vide Orissa Act 5 of 2014, s. 2] 4[2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.—5[(1)] 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 1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 2. Subs. by s. 2, ibid., for clause (s) (w.e.f. 21-8-1984). 3. Subs. by Act 24 of 2010, s. 2, for “one thousand six hundred rupees” (w.e.f. 15-9-2010). 4. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965). 5. Section 2A numbered as sub-section (1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010). 12 industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.] 1[(2) Notwithstanding anything contained in section l0, 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 have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the 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 specified in sub-section (1).] STATE AMENDMENT Andhra Pradesh In Section 2A, After the existing sub-section (2), the following sub-section shall be added, namely:— “(3) Notwithstanding anything in sub-sections (1) and (2), 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 if such dispute is not raised in conciliation proceeding within a period of three years from the date of such discharge, dismissal, retrenchment or termination: Provided that the Labour Court or the Conciliation Officer, as the case may be, may consider to extend the said period of three years when the applicant workman satisfies the Court or Conciliation Officer that he had sufficient cause for not raising the dispute within the period of three years.”. [Vide Andhra Pradesh 12 of 2015, s. 2] Union Territory of Jammu and Kashmir and Ladakh Section 2A.—In sub-section (3), for "three years", substitute "one year". [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). Meghalaya Amendment of section 2 (s) of Industrial Disputes Act, 1947 (Central Act No. 14 of 1947).—For the existing clause (s) of section 2 of the Industrial Disputes act, 1947 (Central Act No. 14 of 1947) the following shall be substituted, namely:-- “(S) “Workmen” means any person (including an apprentice) employed in any industry to do any manual skilled or unskilled, technical, sales promotion, operational, clerical or supervisory work or any work for the promotion of sales for hire or reward, whether the terms of employment be expressed or implied, and for the purposes of any proceeding under this act in relation to an industrial 1. Ins. by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010). 15 (ii) below clause (a) of the proviso so amended, the following clause shall be added, namely:-- “(aa) in respect of extensive and indiscriminate armed violence by members of any association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967, no period commencing from a date earlier than the date of publication of the notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of 1958) in respect of that area or earlier than two years before the date of publication of the notification under sub-section (1), shall be specified therein; and “. [Vide Manipur Act 11 of 1982, s. 2] Rajasthan Insertion of new section 3A, in Central Act XIV of 1947.-After section 3 of the principal Act, the following new section shall be inserted, namely- "3A. 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 purpose of this Act for the whole of the State. (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." [Vide Rajasthan Act 34 of 1958, s. 4] Insertion of new Chapter II-B in Central Act XIV of 1947.- After section 9B of the principal Act, the following new Chapter shall be inserted, namely:- "CHAPTER II-B Registration of Unions. 9C. 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. 9D. Application for Registration.-Any Union which has for the whole of the period of three months next preceding the date of its so applying under this section a membership of not less than fifteen per cent. of the total number of workmen employed in unit of an industry may apply in the prescribed form to the Registrar for registration as a Representative Union. 9E. Registration of Union.-On receipt of an application from a Union for registration under section 9D 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 9C 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 Registrar shall not register any Union if he is satisfied 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. 9F. 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 fallen below the minimum required under section 9D for its registration: 16 Provided that where a strike or a closure not being an illegal strike 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 (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 (Central Act XVI of 1926) is cancelled. 9G. Registration of another Union in place of existing registered Union.-(1) If at any time 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 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 of such notice why the applicant Union should not be registered in its place. An application made under this sub-section shall be accompanied by 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 9D and that its membership was during the whole of the period of three months immediately preceding the date of the application under this section larger than the membership of the representative Union, he shall, subject to the provisions of section 9D, 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 less than fourteen days before the expiry of the period of notice under sub-section (1). 9H. Application for re-registration.-(1) Any Union the registration of which has been cancelled on the ground that it was registered under a mistake or on the ground specified in sub-clause (ii) of clause (a) of section 9F 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 re-registration. The provisions of sections 9D and 9E 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 re-registration. 9I. 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: 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 pass such consequential orders as it may deem fit. A copy of the orders passed by the Industrial Tribunal, shall be sent to the Registrar. 17 9J. Publication of orders.-Every order passed under section 9E or section 9F or section 9G and every order passed in appeal under section 9I shall be published in the prescribed manner." [Vide Rajasthan Act 34 of 1958, s. 5] 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. Board 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 of such number of independent persons as the appropriate Government may think fit and where a Court consists of two or more members, one of them shall be appointed as the chairman. (3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number: Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to be available, the Court shall not act until a new chairman has been appointed. 1[7. Labour Courts.—(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act. (2) A Labour Court shall consist of one person only to be appointed by the appropriate Government. (3) A person shall not be qualified for appointment as the presiding officer of a Labour Court, unless— 2[(a) he is, or has been, a Judge of a High Court; or (b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or 3* * * * * 4[(d)] he has held any judicial office in India for not less than seven years; or 4[(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years. 5[(f) 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 ofthe Central Government or State Government, as the case may be, before being appointed as the presiding officer; or (g) he is an officer of Indian Legal Service in Grade Ili with three years' experience in the grade.] 1. Subs. by Act 36 of 1956, s. 4, for section 7 (w.e.f. 10-3-1957). 2. Ins. by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964). 3. Clause (c) omitted by Act 46 of 1982, s. 3 (w.e.f. 21-8-1984). 4. Clauses (a) and (b) re-lettered as (d) and (e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964). 5. Ins. by Act 24 of 2010, s. 4 (w.e.f. 15-9-2010). 20 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.] 1[CHAPTER IIA NOTICE OF CHANGE 9A. Notice of change.—No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,— (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or (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 2[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. 9B. Power of Government to exempt.—Where the appropriate Government is of opinion that the application of the provisions of section 9A to any class of industrial establishments or to any class of workmen employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the appropriate Government may, by notification in the Official Gazette, direct that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workmen employed in any industrial establishment.] 3[CHAPTER IIB GRIEVANCE REDRESSAL MACHINERY 9C. 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, the setting up of 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. 1. Ins. by Act 36 of 1956, s. 6 (w.e.f. 10-3-1957). 2. Subs. by Act 24 of 2010, s. 6, for Chapter IIB (w.e.f. 15-9-2010). 3. Ins. by Act 46 of 1982, s. 7 (w.e.f. 21-8-1984). 21 (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 prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned. (8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment.] Rajasthan Amendment of section 9D, Central Act 14 of 1947.-In the Industrial Disputes Act, 1947 (Central Act 14 of 1947), as amended by the Industrial Disputes (Rajasthan Amendment) Act, 1958 (Rajasthan Act 34 of 1958), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in section 9D, for the words "three months next preceding the date of its so applying", the words "at least three months during the period of six months immediately preceding the calendar month in which it so applies" shall be substituted. [Vide Rajasthan Act 14 of 1970, s. 2] Amendment of section 9E, Central Act 14 of 1947.-In section 9E of the principal Act, the existing section shall be numbered as subsection (1) and after sub-section (1) so re-numbered, the following new sub-section shall be inserted, namely:- "(2) Once a union has been registered as a representative union under this Act, the registration of the union shall be held valid for a period of two years from the date of its registration and shall continue to hold valid unless the registration is cancelled under section 9F of this Act or another union is registered in its place according to section 9G of this Act." [Vide Rajasthan Act 14 of 1970, s. 3] Amendment of section 9F, Central Act 14 of 1947.-In sub-clause (ii) of clause (a) of section 9F of the principal Act, after the words "continuous period of three months", the words "at any time after two years from the date of its registration" shall be inserted. [Vide Rajasthan Act 14 of 1970, s. 4] Amendment of Chapter II-B, Central Act No.14 of 1947.- Chapter II-B of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as “CHAPTER IIC”. [Vide Rajasthan Act 21 of 2014, s. 4] Amendment of section 9G, Central Act 14 of 1947.-In section 9G of the principal Act- (a) in sub-section (1)— (i) the words "at any time", occurring after the word "If" shall be deleted; and (ii) after the words "for a unit of an industry", the words "at any time after a lapse of two years from the date of registration of the representative union" shall be inserted; and (b) in sub-section (3), for the words "three months immediately preceding the date of the application", the words "at least three months during the period of six months immediately preceding the calendar month in which it so applied" shall be substituted. [Vide Rajasthan Act 14 of 1970, s. 5] Amendment of section 9C, Central Act No. 14 of 1947.- Section 9C of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as “9CC”. [Vide Rajasthan Act 21 of 2014, s. 5] Amendment of section 9D, Central Act No. 14 of 1947.- In section 9D of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, the existing expression “fifteen per cent” shall be substituted by the expression “thirty per cent”. [Vide Rajasthan Act 21 of 2014, s. 6] 22 CHAPTER III REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS 10. Reference of disputes to Boards, Courts or Tribunals.—(1) 1[Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time], by order in writing,— (a) refer the dispute to a Board for promoting a settlement thereof; or (b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry; or 2[(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the Second Schedule, to a Labour Court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for adjudication: Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c):] 3[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: 4[Provided also that where the dispute in relation to which the Central Government is the appropriate Government, it shall be competent for that Government to refer the dispute to a Labour Court or an Industrial Tribunal, as the case may be, constituted by the State Government.] 5[(1A) Where the Central Government is of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not it is the appropriate Government in relation to that dispute, at any time, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a 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, 6[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. 7[(2A) An order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall submit its award on such dispute to the appropriate Government: Provided that where such industrial dispute is connected with an individual workman, no such period shall exceed three months: Provided further that where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, to the Labour Court, Tribunal or National Tribunal for extension of such period or for any other reason, and the presiding officer of such Labour Court, Tribunal or National Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in writing, extend such period by such further period as he may think fit: Provided also that in computing any period specified in this sub-section, the period, if any, for which the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction or order of a Civil Court shall be excluded: 1. Subs. by Act 18 of 1952, s. 3, for “If any industrial dispute exists or is apprehended, the appropriate Government may”. 2. Subs. by Act 36 of 1956, s. 7, for clause (c) (w.e.f. 10-3-1957). 3. Subs. by s. 7, ibid., for “Provided that” (w.e.f. 10-3-1957). 4. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984). 5. Ins. by Act 36 of 1956, s. 7 (w.e.f. 10-3-1957). 6. Subs. by Act 36 of 1956, s. 7, for “or Tribunal” (w.e.f. 10-3-1957). 7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984). 25 may be prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.] (4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be. 2[(4A) Where an industrial dispute has been referred to arbitration and a notification has been issued under sub-section (3A), the appropriate Government may, by order, prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.] (5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitration under this section.] STATE AMENDMENT Kerala Insertion of new section 10B.—After section 10A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:- “10B. Power to issue orders regarding 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 that 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 matters which appear to it to be necessary or expedient for the purposes 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 of six months from the date of 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 any order under sub-section (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."] [Vide Kerala Act 30 of 1979, s. 2 ] 26 Karnataka Insertion of new section 10B.—After section 10A of the principal Act, the following section shall be inserted namely:— “10B. Power to issue order regarding 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 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 maintain 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 s 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 it to be necessary or expedients for the purpose of the order: Provident that no order made under this sub-section shall require any employer to observe terms and conditions of employment less favorable to the workman than those which were applicable to them at any time within the months immediately preceeding the date of the order. Explanation.—For the purpose the 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 of six 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 sub-section (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. [Vide Karnataka Act 5 of 1988, s. 3] Rajasthan Insertion of new section 10K. in Central Act 14 of 1947.-After section 10J of the principal Act, the following new section shall be inserted, namely:- "10K. 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 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 maintaining industrial peace, it may by a general or special order, make provision- 27 (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 provision 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 and the order shall 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”. [Vide Rajasthan Act 14 of 1970, s. 6] Insertion of new Chapter III-A in Central Act XIV of 1947.- For section 10A of the principal Act, the following new Chapter shall be inserted, namely:- "CHAPTER III-A. Arbitration. 10B. Submission.-(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. 10C. 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 be agreed upon between them. 10D. Proceedings in arbitration.-The proceedings in arbitration under this Chapter shall be in accordance with the provisions of the Arbitration Act, 1940 (Central Act X of 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. 10E. 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. 10F, Award by arbitrator.-The arbitrator shall, after hearing the parties concerned, make an award which shall be signed by him. 10G. 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 submission for the appointment of an arbitrator or where by reason of any circumstances no arbitrator is appointed, such dispute may be referred by the State Government for adjudication by the Industrial Tribunal. 10H. State Government may refer industrial dispute to Industrial Tribunal for adjudication.- (1) 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- (a) a serious outbreak of disorder or a breach of the public peace is likely to occur; or 30 punishable with imprisonment for a period which may extend to three months or with fine which may extend to five hundred rupees or with both.” [Vide Karnataka Act 5 of 1988, s. 4] 1[11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.—Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.] STATE AMENDMENT Tamil Nadu Insertion of new section 11-B-After section 11-A of the Industrial Disputes act, 1947 (Central Act XIV of 1947), the following section shall be inserted, 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 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.” [Vide Tamil Nadu Act 45 of 2008, s. 2] In section 11-B of the Industrial Disputes Act, 1947 for the expression “award” the expression “award and order” shall be substituted. [Vide Tamil Nadu Act 19 of 2019, s. 2] 12. Duties of conciliation officers.—(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner. (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 2[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, 3[Labour Court, Tribunal or National Tribunal], it 1. Ins. by Act 45 of 1971, s. 3 (w.e.f. 15-12-1971). 2. Ins. by Act 35 of 1965, s. 4 (w.e.f. 1-12-1965). 3. Subs. by Act 36 of 1956, s. 10, for “or Tribunal” (w.e.f. 10-3-1957). 31 may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor. (6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 1[Provided that, 2[subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.] 13. Duties of Board.—(1) Where a dispute has been referred to a Board under this Act, it shall be the duty of the Board to endeavour to bring about a settlement of the same and for this purpose the Board shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as it thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (2) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the Board shall send a report thereof to the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute. (3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the proceedings and steps taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, its findings thereon, the reasons on account of which, in its opinion, a settlement could not be arrived at and its recommendations for the determination of the dispute. (4) If, on the receipt of a report under sub-section (3) in respect of a dispute relating to a public utility service, the appropriate Government does not make a reference to a 3[Labour Court, Tribunal or National Tribunal] under section 10, it shall record and communicate to the parties concerned its reasons therefor. (5) The Board shall submit its report under this section within two months of the date 4[on which the dispute was referred to it] or within such shorter period as may be fixed by the appropriate Government: Provided that the appropriate Government may from time to time extend the time for the submission of the report by such further periods not exceeding two months in the aggregate: Provided further that the time for the submission of the report 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. 5[15. Duties of Labour Courts, Tribunals and National Tribunals.—Where an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, 6[within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2A) of section 10], submit its award to the appropriate Government. 16. Form of report or award.—(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. 1. Ins. by Act 36 of 1956, s. 10 (w.e.f. 17-9-1956). 2. Ins. by Act 36 of 1964, s. 8 (w.e.f. 19-12-1964). 3. Subs. by Act 36 of 1956, s. 11, for “Tribunal” (w.e.f. 10-3-1957). 4. Subs. by Act 40 of 1951, s. 6, for “of the notice under section 22”. 5. Subs. by Act 36 of 1956, s. 12, for sections 15, 16, 17 and 17A (w.e.f. 10-3-1957). 6. Subs. by Act 46 of 1982, s. 10, for certain words (w.e.f. 21-8-1984). 32 (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. 17A. Commencement of the award.—(1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17: Provided that— (a) if the appropriate Government is of opinion, in any case where the award has been given by a Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or (b) if the Central Government is of opinion, in any case where the award has been given by a National Tribunal, that it will be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the appropriate Government, or as the case may be, the Central Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days. (2) Where any declaration has been made in relation to an award under the proviso to sub-section (1), the appropriate Government or the Central Government may, within ninety days from the date of publication of the award under section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together with a copy of the order before the Legislature of the State, if the order has been made by a State Government, or before Parliament, if the order has been made by the Central Government. (3) Where any award as rejected or modified by an order made under sub-section (2) is laid before the Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen days from the date on which it is so laid; and where no order under sub-section (2) is made in pursuance of a declaration under the proviso to sub-section (1), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-section (2). (4) Subject to the provisions of sub-section (1) and sub-section (3) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (1) or sub- section (3), as the case may be.] 1[17B. Payment of full wages to workman pending proceedings in higher courts.—Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court: Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be.] 18. Persons on whom settlements and awards are binding.—2[(1) A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement. 1. Ins. by Act 46 of 1982, s. 11 (w.e.f. 21-8-1984). 2. Ins. by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956). 35 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 hereinafter provided, within six weeks before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. (2) No employer carrying on any public utility service shall lock-out any of his workmen— (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking out; or (b) within fourteen days of giving such notice; or (c) before the expiry the date of lock-out specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. (3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services. (4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed. (5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed. (6) If on any day an employer receives from any persons employed by him any such notices as are referred to in sub-section (1) or gives to any persons employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe the number of such notices received or given on that day. 23. General prohibition of strikes and lock-outs.—No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out— (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings; (b) during the pendency of proceedings before 1[a Labour Court, Tribunal or National Tribunal] and two months after the conclusion of such proceedings; 2*** 3[(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or] (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. 1. Subs. by Act 36 of 1956, s. 17, for “a Tribunal” (w.e.f. 10-3-1957). 2. The word “or” omitted by Act 36 of 1964, s. 11 (w.e.f. 19-12-1964). 3. Ins. by s. 11, ibid. (w.e.f. 19-12-1964). 36 24. Illegal strikes and lock-outs.—(1) A strike or a lock-out shall be illegal if— (i) it is commenced or declared in contravention of section 22 or section 23; or (ii) it is continued in contravention of an order made under sub-section (3) of section 10 1[or sub-section (4A) of section 10A]. (2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, 4[an arbitrator, a] 2[Labour Court, Tribunal or National Tribunal], the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of section 10 4[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. 3[CHAPTER VA LAY-OFF AND RETRENCHMENT 25A. Application of sections 25C to 25E.—(1) Sections 25C to 25E inclusive 4[shall not apply to industrial establishments to which Chapter VB applies, or—] (a) to industrial establishments in which less than fifty workmen on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal character or in which work is performed only intermittently. (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. 5[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 (i) 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).] 6[25B. Definition of continuous service.—For the purposes of this Chapter,— (1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman; (2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer— 1. Ins. by Act 36 of 1964, s. 12 (w.e.f. 19-12-1964). 2. Subs. by Act 36 of 1956, s. 18, for “or Tribunal” (w.e.f. 10-3-1957). 3. Ins. by Act 43 of 1953, s. 3 (w.e.f. 24-10-1953). 4. Subs. by Act 32 of 1976, s. 2, for “shall not apply-” (w.e.f. 5-3-1976). 5. Subs. by Act 48 of 1954, s. 2, for the Explanation (w.e.f. 1-4-1954). 6. Subs. by Act 36 of 1964, s. 13, for section 25B (w.e.f. 19-12-1964). 37 (a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than— (i) one hundred and ninety days in the case of a workman employed below ground in a mine; and (ii) two hundred and forty days, in any other case; (b) for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than— (i) ninety-five days, in the case of a workman employed below ground in a mine; and (ii) one hundred and twenty days, in any other case. Explanation.—For the purposes of clause (2), the number of days on which a workman has actually worked under an employer shall include the days on which— (i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under this Act or under any other law applicable to the industrial establishment; (ii) he has been on leave with full wages, earned in the previous years; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.] 1[25C. Right of workmen laid-off for compensation.—Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent. of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off: Provided that if during any period of twelve months, a workman is so laid-off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the workman and the employer: Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25F at any time after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to the workman for having been laid-off during the preceding twelve months may be set off against the compensation payable for retrenchment. Explanation.—”Badli workman” means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such for the purposes of this section, if he has completed one year of continuous service in the establishment.] 25D. Duty of an employer to maintain muster rolls of workmen.—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. 1. Subs. by Act 35 of 1965, s. 5, for section 25C (w.e.f. 1-12-1965). 40 (1B) For the purposes of sub-sections (1) and (1A), the expressions “minerals” and “mining operations” shall have the meanings respectively assigned to them in clauses (a) and (d) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957).] (2) Where any undertaking set-up for the construction of buildings, bridges, roads, canals, dams or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been set-up, no workman employed therein shall be entitled to any compensation under clause (b) of section 25F, but if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section for every 1[completed year of continuous service] or any part thereof in excess of six months.] 25G. Procedure for retrenchment.—Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman. 25H. Re-employment of retrenched workmen.—Where any workmen are retrenched, and the employer proposes to take into his employ any persons, he shall, in such manner as may be prescribed, give an opportunity 2[to the retrenched workmen who are citizens of India to offer themselves for re- employment and such retrenched workman] who offer themselves for re-employment shall have preference over other persons. 25-I. [Recovery of moneys due from employres under this chapter.] Rep. by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 (36 of 1956), s. 19 (w.e.f. 10-3-1957). 25J. Effect of laws inconsistent with this Chapter.—(1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law [including standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946)]: 3[Provided that where under the provisions of any other Act or rules, orders or notifications issued thereunder or under any standing orders or 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.] 4[CHAPTER VB SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS 25K. Application of Chapter VB.—(1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than 5[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. 1. Subs. by Act 36 of 1964, s. 15, for “completed year of service” (w.e.f. 19-12-1964). 2. Subs. by s. 16, ibid., for certain words (w.e.f. 19-12-1964). 3. Subs. by Act 36 of 1964, s. 17, for the proviso (w.e.f. 19-12-1964). 4. Ins. by Act 32 of 1976, s. 2 (w.e.f. 5-3-1976). 5. Subs. by Act 46 of 1982, s. 12, for “three hundred” (w.e.f. 21-8-1984). 41 STATE AMENDMENT Andhra Pradesh In Section 25K The following shall be substituted, namely:— “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 three hundred workmen were employed on an average per working day for the preceding twelve months. (2) Without prejudice to the provisions of sub-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 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. (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 State Government thereon shall be final.” [Vide Andhra Pradesh 12 of 2015, s. 3] Assam Amendment of section 25K.-In the principal Act, in section 25K, for the words “one hundred”, appearing in between the words “than” and “workmen”, the words three hundred” shall be substituted. [Vide Assam Act 22 of 2018, s. 2] Karnataka Amendment of section 25K.—In section 25K of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) 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 section 25-O and section 25-R in so far, as they relate to contravention of 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 one hundred workmen were employed on an average per working day for the preceding twelve months.” [Vide the Karnataka Act 5 of 1988, s. 5] Orissa Amendment of section 25K.—In section 25K of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter referred to as the principal Act), in sub-section (1), for the words “three hundred”, the words “one hundred” shall be substituted. [Vide the Orissa Act 6 of 1983, s. 2] Union Territory of Jammu and Kashmir and Ladakh Section 25K.--In sub-section (1), for "one hundred", substitute "three hundred". [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). Rajasthan Amendment of section 25-k, Central Act No. 14 of 1947.- After sub-section (1) of section 25-k of the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), hereinafter referred to as the principle Act, the following new sub-section shall be inserted, 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 vietimisation of workmen so 42 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 working day for the preceding twelve months.” [Vide Rajasthan Act 8 of 1984, s.2] Rajasthan Amendment of section 25K, Central Act No. 14 of 1947.- For the existing section 25K of the principal Act, the following shall be substituted, namely:- “25K. Application of Chapter VB.- (1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months. (2) Without prejudice to the provisions of sub-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 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. (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.”. [Vide Rajasthan Act 21 of 2014, s. 7] Gujarat Amendment of section 25K of XIV of 1947.—In the Industrial Disputes Act, 1947 (XIV of 1947), in its application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 25K,-- (i) in sub-section (1), for the words “one hundred”, the words “three hundred” shall be substituted; (ii) after sub-section (1), the following sub-section shall be inserted, namely:- “(1A) 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.”. [Vide Gujarat Act 1 of 2021, s. 2] 25L. Definitions.—For the purposes of this Chapter,— (a) “industrial establishment” means— (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); (ii) a mine as defined in clause (i) of sub- section (1) of section 2 of the Mines Act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); (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 45 Provided that where a reference has been made to a Labour Court under this sub-section, it shall pass an award within a period of thirty days from the date of such reference.”, and (f) the existing sub-sections (5) and (6) shall be renumbered as sub-sections (8) and (9) thereof. [Vide Rajasthan Act 8 of 1984, s. 4] 1[25N. Conditions precedent to retrenchment of workmen.—(1) No workman employed in any industrial establishment to which this Chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until,— (a) the workman has been given three months’ notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; and (b) the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette (hereafter in this section referred to as the specified authority) has been obtained on an application made in this behalf. (2) An application for permission under sub-section (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended retrenchment and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner. (3) Where an application for permission under sub-section (1) has been made, the appropriate Government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen. (4) Where an application for permission has been made under sub-section (1) and the appropriate Government or the specified authority does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days. (5) An order of the appropriate Government or the specified authority granting or refusing to grant permission shall, subject to the provisions of sub-section (6), be final and binding on all the parties concerned and shall remain in force for one year from the date of such order. (6) The appropriate Government or the specified authority may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under sub-section (3) or refer the matter or, as the case may be, cause it to be referred, to a Tribunal for adjudication: Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference. (7) Where no application for permission under sub-section (1) is made, or where the permission for any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the workman and the workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him. (8) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct, that the provisions of sub- section (1) shall not apply in relation to such establishment for such period as may be specified in the order. 1. Subs. by Act 49 of 1984, s. 5, for section 25N (w.e.f. 18-8-1984). 46 (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 Amendment of section 25-N, Central Act No. 14 of 1947.--In section 25-N of the principle Act,- (a) in sub-section (1),- (i) between the expression “this Chapter applies” and the expression “who has been”, the expression “or is applied under sub-section (1-A) of section 25-K” shall be inserted; and (ii) for clause (c), the following clause shall be substituted, 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 acknowledgement due, and the permission of the State Government or of such authority is obtained under sub section (2).”; (b) for sub-section (2), the following sub-section shall be substituted, 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 to the genuineness and adequacy of the reasons stated by the employer, requirements of industrial peace, prevention of victimisation and unfair labour practice, 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, the workman and the office-bearer of such representative union.”; (c) in sub-section (4), for the expression “(Amendment) Act, 1976", the expression “(Rajasthan Amendment) Act, 1984”, for the expression “(a) of section 25-F", the expression “(c) of sub section (1)”, for the word “appropriate”, the word “State” and for the expression “sub-section (2)” the expression “the said clause of the said sub-section” shall respectively be substituted; (d) in sub-section (5), for the word “appropriate”, the word “State” shall be substituted; (e) after sub-section (5), the following sub-section shall be inserted, 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 on all the parties and shall remain in force for on year form the date of such order. (7) The State Government or, as the case may be, the authority may, either on 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 (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.”; (f) the existing sub-sections (6) and (7) shall respectively be re-numbered as sub- sections (8) and (9) thereof; and (g) in sub-section (9) as so re-numbered,- (i) for the expression “(Amendment) Act, 1976”, the expression “(Rajasthan Amendment) Act, 1984” shall be substituted; (ii) the expression “or the Central Government” shall be deleted; 47 (iii) for the word “appropriate”, wherever occurring, the word “State” shall be substituted; 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”, the expression "and such authority while deciding such matter shall proceed to hold the enquiry in the manner and have regard to the matters specified in sub-section (2). Any order passed by such authority shall, subject to review under the proviso to this sub- section, be final and binging on the employer and the workman or workman: 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 matandis, apply,” shall be substituted. [Vide Rajasthan Act 8 of 1984, s. 5] Rajasthan Amendment of section 25N, Central Act No. 14 of 1947.- In section 25N of the principal Act,- (a) in clause (a) of sub-section (1), the existing expression “, or the workman has been paid in lieu of such notice, wages for the period of the notice” shall be deleted; and (b) in sub-section (9), after the existing expression “six months” and before the existing punctuation mark “.”, appearing at the end, the expression “and an amount equivalent to his three months average pay” shall be inserted. [Vide Rajasthan Act 21 of 2014, s. 8] Gujarat Amendment of section 25N of XIV of 1947.— 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; (ii) in sub-section (9), the words “and an amount equivalent to his last three months average pay” shall be added at the end. [Vide Gujarat Act 1 of 2021, s. 3] 1[25-O. Procedure for closing down an undertaking.—(1) An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner: Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work. (2) Where an application for permission has been made under sub-section (1), the appropriate Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refused to grant such permission and a copy of such order shall be communicated to the employer and the 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. 1. Subs. by Act 46 of 1982, s. 14, for section 25-O (w.e.f. 21-8-1984). 50 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 provision of this section, the State Government may, If it is satisfied that owing to such exceptional circumstance as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order. (8) Where an undertaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed to be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.”. [Vide Rajasthan Act 8 of 1984, s. 6] Rajasthan Amendment of section 25-O, Central Act No. 14 of 1947.- In sub-section (8) of section 25-O of the principal Act, after the existing expression “six months” and before the existing punctuation mark “.”, appearing at the end, the expression “and an amount equivalent to his three months average pay” shall be inserted. [Vide Rajasthan Act 21 of 2014, s. 9] 25P. Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976.—If the appropriate Government is of opinion in respect of any undertaking of an industrial establishment to which this Chapter applies and which closed down before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976),— (a) that such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer; (b) that there are possibilities of restarting the undertaking; (c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community to restart the undertaking or both; and (d) that the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking, it may, after giving an opportunity to such employer and workmen, direct, by order published in the Official Gazette, that the undertaking shall be restarted within such time (not being less than one month from the date of the order) as may be specified in the order. Rajasthan Substitution of section 25-P, Central Act No. 14 of 1947:- For section 25-P of the principle Act, the following section shall be substituted, namely:- “25-P. Special provision as to restarting of undertaking closed down before commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984.- (1) 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 restarted the undertaking ; and (d) the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking, 51 It may direct, by order published in the Official Gazette, that the undertaking shall be restarted within such time (not being less than one months 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 binging 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 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 and award within a period of sixty days from the date of such reference and pending award by the Tribunal, the undertaking shall continue to remain restarted.” [Vide Rajasthan Act 8 of 1984, s. 7] Insertion of new section 25-PP, Central Act No. 14 of 1947:- After section 25-P of the principle Act as so substituted, the following new section shall be added, namely:- “25 PP. Special provision as to reinstatement of workmen retrenched before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984.-(1) Notwithstanding any award or order of a Tribunal or any judgement , order or direction of any Court upholding the validity of retrenchment of any workman employed is any industrial establishment to which this Chapter applies who is retrenched at any time during 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 the concerned industrial establishment, examine the validity of retrenchment of such workman and if, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer, the retrenched workman, or, as 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 by 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 under sub-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 by the 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 of 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.”. [Vide Rajasthan Act 8 of 1984, s. 8] Gujarat Amendment of section 25-O of XIV of 1947.—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. [Vide Gujarat Act 1 of 2021, s. 4] 52 25Q. Penalty for lay-off and retrenchment without previous permission.—Any employer who contravenes the provisions of section 25M or 1*** of section 25N shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. STATE AMENDMENT Rajasthan Substitution of section 25-Q Central Act No 14 of 1947.- For section 25-Q of the principle Act, the following section shall be substituted, namely:- “25-Q. Penalties for lay-off and retrenchment without previous permission.- Any employer who- (a) lays 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 lay-off 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 (c) of sub-section (1) or sub section (4) of section 25-N; or (e) Contravenes an order refusing to grant permission to retrench a workman under sub- section (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) or sub section (9) of section 25-N; or Contravenes the direction to reinstate a retrenched workman given under sub-section (1) of section 25 - pp or such a direction given as a result of review under sub-section (3) of the said section, Shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees or with both.”. [Vide Rajasthan Act 8 of 1984, s. 9] 25R. Penalty for closure.—(1) Any employer who closes down an undertaking without complying with the provisions of sub-section (1) of section 25-O shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. (2) Any employer, who contravenes 2[an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25P], shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction. 3* * * * * STATE AMENDMENT Orissa Amendment of section 25-R.—In section 25-R of the principal Act;— (a) in sub-section (2), for the words, brackets, figures and letters, “a direction given under sub-section (2) of section 25-O or section 25-P”, the words, brackets, figures and letters “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 substituted; (b) Sub-section (3) shall be omitted. [Vide the Orissa Act 6 of 1983, s. 4] 1. Certain words omitted by Act 49 of 1984, s. 6 (w.e.f. 18-8-1984). 2. Subs. by Act 46 of 1982, s. 15, for certain words (w.e.f. 21-8-1984). 3. Sub-section (3) omitted by s. 15, ibid. (w.e.f. 21-8-1984). 55 "31A. 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 for such amount as specified in the Table below:- Table S.N. 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 per section 26 above for illegal strike and lockout. 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 For first For For third 56 employed in the industry occasion second occasion 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) 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 said specified compounding amount: 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 of such officer or authority that such 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 workman 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. (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 or discharged.” [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10- 2020).] 57 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. 1[33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.—(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before 2[an arbitrator or] a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, no employer shall,— (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending. (2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute 3[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— (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 4[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, 2[an arbitrator, a] labour Court, Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, 5[within a period of three months from the date of receipt of such application], such order in relation thereto as it deems fit:] 1. Subs. by Act 36 of 1956, s. 21, for section 33 (w.e.f. 10-3-1957). 2. Ins. by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964). 3. Ins. by s. 18, ibid. (w.e.f. 19-12-1964). 4. Subs. by Act 45 of 1971, s. 5, for “an officer” (w.e.f. 15-12-1971). 5. Subs. by Act 46 of 1982, s. 17, for “as expeditiously as possible” (w.e.f. 21-8-1984). 60 (a) 1[any member of the executive or office bearer] of a registered trade union of which he is a member: (b) 2 [any member of the executive or other office bearer] of a federation of trade unions to which the trade union referred to in clause (a) is affiliated; (c) where the worker is not a member of any trade union, by 2[any member of the executive or other office bearer] of any trade union connected with, or by any other workman employed in the industry in which the worker is employed and authorised 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 authorised in such manner as may be prescribed. (3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act or in any proceedings before a Court. (4) In any proceeding 2[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 proceedings and 3[with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be].] 4[36A. Power to remove difficulties.—(1) If, in the opinion of the appropriate Government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such Labour Court, Tribunal or National Tribunal as it may think fit. (2) The Labour Court, Tribunal or National Tribunal to which such question is referred shall, after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such parties.] 5[36B. Power to exempt.—Where the appropriate Government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertakings carried on by a department of that Government that adequate provisions exist for the investigation and settlement of industrial disputes in respect of workmen employed in such establishment or undertaking or class of establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or unconditionally such establishment or undertaking or class of establishments or undertakings from all or any of the provisions of this Act.] 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, 6[Labour Courts, Tribunals and National Tribunals] including rules as to the summoning of witnesses, the production of documents relevant to the subject-matter of an inquiry or investigation, the number of members necessary to form a quroum and the manner of submission of reports and awards; 1. Subs. by Act 45 of 1971, s. 6, for “an officer” (w.e.f. 15-12-1971). 2. Subs. by Act 36 of 1956, s. 24, for “before a Tribunal” (w.e.f. 10-3-1957). 3. Subs. by s. 24, ibid., for “with the leave of the Tribunal” (w.e.f. 10-3-1957). 4. Ins. by s. 25, ibid. (w.e.f. 10-3-1957). 5. Ins. by Act 46 of 1982, s. 21 (w.e.f. 21-8-1984). 6. Subs. by Act 36 of 1956, s. 26, for “and Tribunals” (w.e.f. 10-3-1957). 61 1[(aa) the form of arbitration agreement, the manner in which it may be signed by the parties, 2[the manner in which a notification may be issued under sub-section (3A) of section 10A,] the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him; (aaa) the appointment of assessors in proceedings under this Act;] 3* * * * * (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; 4[(c) the salaries and allowances and the terms and conditions for appointment of the presiding officers of the Labour Court, Tribunal and the 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, 5[Labour Court, Tribunal or National Tribunal] and the salaries and allowances payable to members of such establishments; (e) the manner in which and the persons by and to whom notice of strike or lock-out may be given and the manner in which such notices shall be communicated; (f) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, 3[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. 6[(4) All rules made under this section shall, as soon as possible after they are made, be laid before the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament.] 7[(5) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 8[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.] 9[39. Delegation of powers.—The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also,— (a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government, or by such officer or authority subordinate to the State Government, as may be specified in the notification; and 1. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957). 2. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964). 3 Clause (ab) omitted by Act 24 of 2010, s. 8 (w.e.f. 15-9-2010). 4. Subs. by s. 8, ibid., for clause (c) (w.e.f. 15-9-2010). 5. Subs. by Act 36 of 1956, s. 26, for “or Tribunal” (w.e.f. 10-3-1957). 6. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957). 7. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964). 8. Subs. by Act 32 of 1976, s. 5, for certain words (w.e.f. 5-3-1976). 9. Subs. by Act 36 of 1956, s. 27, for section 39 (w.e.f. 17-9-1956). 62 (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.] 1[40. Power to amend Schedules.—(1) The appropriate Government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed to be amended accordingly. (2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly. (3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of the State, if the notification has been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.] _______________ 1. Subs. by Act 36 of 1964, s. 21, for section 40 (w.e.f. 19-12-1964). 65 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 re-instatement 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. ____________ 66 THE THIRD SCHEDULE (See section 7A) 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. ___________________ 67 THE FOURTH SCHEDULE (See section 9A) 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 reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, 1[not occasioned by circumstances over which the employer has no control].] ______________ 1. Subs. by Act 36 of 1964, s. 23, for “not due to forced matters” (w.e.f. 19-12-1964).