men’s (Disputes) Act, 1860. This anv eter en in ic ly services and a bee af the Act, however, was to are Bifement of industrial disputes. The Whig oc ion that the aitempt to deal with « sphere unfavourable to disputes than uw i Inrest mu, with machinery for in the working of the Trade Disputes Asset ith vie rion and settlement of industri dipayss oe It a St Tho seeks to reorient the administration of the conalfvon’S Committees and Indutial Tribunals, It ion also been made compulsory in all di ; machinery. Coneiliation under the Act ial rcanicircns “SPutes in public utility services and optional in all other The Act came into force on the first day of Apri il, 1 ierence to Sections in this Chasieia eee ipter. Re ; io Chapter, unless otherwise indicated, is to the Thdustil eee gags wh, ee Objects of the Act The main objects of the Act are (1) to secure industrial peace— {a) by preventing and settling industrial disputes between the employers and workmen, (b) by securing and preserving amity and good relations between the employers and workmen through an internal Works Committee, and {6 by promoting good relations through an external machinery of conciliation, Courts of Inquiry, Labour Courts, Industrial Tribunals and National Tribunals (2) to ameliorate the cor Voli (a) by redressal of grievanc | (b) by providing job security ion of workmen in industry— cof workmen through a statutory machinery, and . Rai v. Vishwanath Lal, A.LR. (1960) Pat. 10]. Extent of the Act i ies to all industries whether they be The Act extends to the whole of the India [Sec. 1 (21) It appl s u Batted on by private owners or by the Government {Waster India US2i Sais Industrial Tribunal, Bombay, A.ILR. (1949) F.C. 111] The Act has been amended from time to time. The latest amé August, 1984, endment to the Act was made in \DEFINITION OF ee se judgment of far-reaching InBangolore Water Supply v. A. Rajappe, AR ae oe eo the meaning of 'nporance, a seven judge Bench of the Supreme Cun San 2) and research institutions and term ‘industry’ s0 as to bring within its scoP@ Hn activities of institutions ranging from. charitable projects, The issue before the Court was WN" Gandhi Ashram were such as to come the Bangalore Water Supply and Sewerage BO%42° 179 ofthe Industral Disputes Act, 1947. the scope of the term ‘industry’ as defined nSpectic ‘Amendment Act of (1982), ‘industry’ between an employer and his wo : directly or by or though any agency, including emp for the production, supply or distribution of g with a view to satisfy human wants or wishes (not being wants or wishes which, _ merely spiritual or religious in nature). It makes no difference whether or not,— = (i) any capital has been invested for the purpose of carrying on the activity referred to above gy (ii) such activity is carried on with a motive to make any gain or profit, What is included in the term ‘industry’ ? ‘Industry’ includes— {a) any activity of the Dock Labour Board established under Sec. 5-A of the Dock Workers (Regulation of Employment) Act, 1948 ; {é) any activity relating to the promotion of sales or business or both carried on by an establishment. What is not included in the term ‘industry’ ? ‘Industry’ does not include— (1) any agricultural operation except where such agricultural operation is carried on inan integrated manner with any other systematic activity and such other activity is the predominant ones or ‘Agricultural operation’ does not include any activity carried on in a plantatior defi S in See, 2 (f) of the Plantations Labour Act, 1951 ; ton 2: et (2) hospitals or dispensaries ; or (3) educational, scientific, research or training institutions ; or (4) institutions owned or managed by orgai i priate, socal orhlantcopeswaoed 2 cTeeisations wholly or sub-stantilly engaged in (5) khadi or village industries ; or : os ie _ oa Ge ef ntodeed in Sec. 2 by the Amendment Act of 1982, ‘kha a » 2 (d) of the Khadi and Village Industries Commission Ath The all the carried on to the sovereign functions of the Governmetl h the » See energy and ae Separiments of the Central Government dealing wi (6) any activity of the Government relatable (A) any domestic service ; orinition of industry before am “The definition ofthe term “indastry" amendment has not yet been brought ino feemame tm industry (which sil continues to be of eo industry’ means any business, tra indudes any calling, service, employ ae to amendn tive) was as follows de, undertaking, m; e ment, handicraft, or industrial occupation or. “WHATIS AN INDUSTRIAL DISPUTE ie » sahil Pi hs [Sec. 2 (kj] > or difference between — tba, ‘Industrial dispute’ means any dispute " () employers and employers, (ii) employers and workmen, or ni (iit) workmen and workmen, ted with (a) the employment oF non- Ma employment, (b) the terms of employment, or (the conditions of bn of any person. Real and substantial difference. The term ‘ which is connect é ; ; patch | terms of employment or with the conditions of labour, there comes into existence an i dav! spate [Shambhu Nath Goyal v. Bank of Baroda, (1978) 2 80¢ 353}, The expression ‘terms of | : ly the contractual terms and conditions but those terms gai employment’ would ordinarily include only the c which are understood and applied by the partes in practice or habitually or by eommon epnseat _thout ever being incorporated in the contract are also included [Workmen v. Hindustan Lever wld, (1984) 1 S.C.C. 392) rr é ; 2 Three ingredients of industrial dispute. In the ordinary language ey Lee soe ee" = Set bane woes te ee i ALR. . 948, i Ine Ce of naa Ld, v ae beara prevaling in certain seetions of an industrial Be ts Brier of engesing fhe contractors’ labourers should be made ‘workmen’ of the rt be discontinued and the on Te regular workmen of the Sompany is an ‘industrial dispute’ if it is taken up ohcern. It was observed in this case : ‘ f the Industrial Disputes Act, 1947 has “The definition of ‘industrial dispute! Seb fai oe es ‘ind Bice Jperedionts, and sll hee Ine i Oe ea Se These dispute’ which could validly be refe lients are— vt ifference ; (0) there should be real and peste eras Be: Pale ee (6) the dispute or difference should .t lepraplec ltr teniacianys acl i {8 an ‘indusiry"as defined in Sec. 2 () of the Act [D. | dispute oF not, R ore Th lt hater «dt an instil apt sei ne ee (ition alibatee ert, can be employer and one of his workmen is by itself no! under See. 10. But such dispute may become an industrial dispute, aoe the Particular workman concerned is taken up by a majority of workmen i Coa dus éstablishment, or by any union of such workmen [Express Newspapers ( i Lv. First Court, ALR. (1959) Cal. 265). It makes no difference even if the union whicl takes up the “ the dismissed workman itself comes into existence alter the date of dismissal and the dis workman joins the union thereafter ; the dispute in such a case whould be a valid industria) [Workmen of Jamadoba Colliery of Tata Iron & Steel Co. v. Jamadoba Colli tee! Co., (1967) 2 L.L.J. 633), But has absolutely nothing to do with the industrial dispute [Motor & Machinery Individual and collective disputes The industrial disputes may be (1) individual disputes, or (2) collective disputes. Sec. 2-A provides that where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute even if no other workman nor any union of workmen is a party to the dispute. A collective dispute may relate to any of the following matters : (a) Wages, bonus, profit-sharing, gratuity, compensatory and other allowances, (6) Hours of work, leave with wages, holidays. ‘ (c) Rules of discipline, retrenchment of workmen, closure of establishment, rationalisation, All collective disputes are industrial disputes, DEFINITIONS 1. Appropriate Government [Sec. 2 (a)). ‘Appropriate Government’ means the Cental Government in relation to any industrial dispute concerning— (1) any industry eee on (i) by or under the authority of the Central Government, or (i) by railway company, or (iii Concerning any such controlled ind ti ified in this ae industry as may be specified in (2) (a) a Dock Labour Board established under Sec. 5-A of the Dock Workers (Regulation o t) Act, 1948, or “ OS it is not an Mfrs. Ltd. v. Industrial Tribunal, (1963) 1 LL. 222),‘giate Insurance Act, 1948, or _(d) the Board of Trustees constituted age be ear Act, 1948, or ‘al Board of Trustees Sec. 5B, respectively, of the Employeer Pees it (the ‘Indian Airlines’ and ‘Air India’ 1S ew Corporations Act, 1952, or 2’ Corporations established under See. 3 of the Air G) the Life Insurance Corporation of Ind A - ibseration Act, 1956, or ia established under Sec. 3 of the Life Insurance (h) the Oil and Natural Gas C ee Al ie S Commission established under Sec. 3 of the Oil and Natural Gas (i) the Deposit Insurance and C; farant t redit Gi —_ renee ee see Cornoraliot Saar under Sec. 3 of the () the Central Warehousing C i Con tions Ae 1568 enna Corporation established under See. of the: Warehousing (k) the Unit Trust of India established under Sec. 3 of the Unit Trust of India Act, 1963, or () the Food Corporation of India established under Sec. 3, or a Board of Management established for two or more contiguous States under Sec. 16 of the Food Corporation Act, 1964, or (m) the International Airports Authority of India constituted under Sec. 3 of the International Airports Authority of India Act, 1971, or a (n)a Regional Rural Bank established under Sec. 3 of the Regional Rural Banks Act, 1976, or 2 (0) the Export Credit and Guarantee Corporation Limited, or = (p) the Industrial Reconstruction Bank of India, or ae (q) the Banking Service Commission established under Sec. 3 of the Banking Service Commission Act, 1975, or (a banking or an insurance company, oF field, a Cantonment Board, or a major port. ther industrial dispute, the ‘appropriate Government’ means the State erritory, there isno difference between the State Government and | Bidgs. Construction Corpn. Ltd., New Delhi v. MK. Jain, (s) a mine, an oil In relation to any o Government. In case of a Union T: # the Central Government [National (1981) Lab. I.C. 62) “es It means the average of the wages payable o a workman 2. Average pay [Sec. 2 (aaa (i) in the aa a monthly paid workman, in the 3 complete aos months, (ii) in the case of a weekly paid workman, in the 4 complete weeks, at ae 12 full working days. Ai) in the case of a daily paid workman, 19 pe de the date on sihleitie 2 working days must prece: This period of 3 months, 4 weeks and 12 working dss ms PS ang tis pred a the average pay becomes payable not calculated as the man, P case be. Where such a ine be made, ee pay bverage ofthe wages payable ro the workman during the period he actually worked.proceeding held by a conci Tone 2 fe) I means any industry the contol of which by industry 7 c the public interest. declared by any Central Act to be expedient ler the Act. df 55. Cou ee i It means a Court of Inquiry constituted fe eariel Sa 10. Employer (Se. 2 "Enolye In reatlon (20 ere ne Bee Phera cacaririent of the Cental Government of 2 din ‘employer -mneane Hn Bresoribed in ake Ree ccitin to an industry cated con by or on behalf of Pcie ose means the chief executive officer of the au - iene “4 This definition of ‘employer’ is neither exhaustive nor fetiiaeale tend to all in undertakings and not merely to those run by Governments or local au 'y Province y Western India Automobile Assn., A.LR. (1949) Bom. 141), 1958) 2 L.L.J, 123, it was held that the tem In Sholapur Spg. & Wog. Co. v. Maruf, ( Se an ‘employer’ includes, among others, an agent of an employer, gen ger, director and ‘occupier of a mill. ha 11. Executive and office bearer in relation to a trade union [Sec. 2 (gg) and Sec, 2m), ‘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 [Sec. 2 (gq)]. ‘Office bearer’, in reationia a trade union, includes any member of the executive thereof, but does not include an auditor [See.2 (an). 12. Independent person (Sec. 2 ( purpose of his appointment as the Chain Inquiry or Industrial Tribunal if he is unco of Conciliation, Court of Inq} i)]. A person shall be deemed to be independent’ for the man or other member of Board of Conciliation, Court of nnected with the industrial dispute referred to such Boat luiry or Industrial Tribunal or with any industry directly affected by such ise to be independent by reason only of the fact that he is a shareholder with, or likely to be affected by, such industtl © appropriate Government the nature and exletl RENT eee he shall disclose to th such company, metimes several activities may be carried on a T some of such activities is or are an industty undertaking carrying on any actviy, uch establishment or undertaking, such or undertaking, h establishment or other unit or units of 5 (a) In such a case if any unit of suc ) is severable from the to be a separate industrial establishment shall be deemed Secchi~ (b) If the predominant acti o ment of undertaking or any un cho er etes carried on in such establish 4, indi, for the purpose of carrying on, io cities. the entire establishment or deamed to be an industrial establishment or atat 16. Lebour Court (Soc, 2 (ibis trtee Labour under is Laat 2h ‘av Court to Sec. 7. ails rkman (a) whose * Telusal oF inability of an employer to give Boson, and (bh whe ea nee ne oe on the muster-rolls of his industrial employment may be due to— 'ed. The failure, refusal, or inability to give (1) shortage of coal, power or ray e Materials, or “ay (2) the accumulation of stocks, or ay (3) the breakdown of machinery, or ‘ ni (4) natural calamity or for any other connected Teasons, by ya Essentials of lay-off. The ta ayroft. The essentials of a layoff ae as follows {a) There must be failure or refusal or inability of the employer to continue employees in his mtg, employment nig {b) The employees laid off must be on the muster-oll ofthe establishment on the day of lay-off {@) The failure, refusal or inability to give employment may be due to shortage of raw materials bi er accumulation of stocks or breakdown of machinery or natural calamity or some other reason, fate {d) The employees must not have been retrenched ety ere 16. Lock-out [Sec. 2 (I). It means the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons jade), employed by him. The w ed ute 1982. a, ne Essentials of a lock-out. The essentials of a lack-out are as follows porary’ was added to the definition by the Amendment Act of (a) There is a temporary closing of the place of employment, or suspension or withholding of the work by the employer in some form. eet (0) There is an element of demands for which the place of employment is locked-out or closed. jo (0) There is an intention to re-employ the workers ‘ is sone eral ie Pa te ies ees In Kairbetta Estate i A “Lock out can be described as the antithesis of @ ste ito site oct Bie) te ec er pnt dara / demands.” i f the loyer whereas ‘strike’ is the weapon o I jJoyees and an empl Rapes selec Toc sn comepordia Wo? cen faa thas down his pace of busines 2 means of ear ne, his act is what may be called an r, gener ' accor ting Pressure on the employees Of Cor (rl Ramachandran Spa. Mil v. State of Mads igerency, there w AIR. (1956) Mad. 241]ause c¢ ‘of work is common to both. Closure is a fundamental right and if it is not a lock-out, the workers cannot g Hosiery Factory v. Labour Bate Tribunal, A.L-R. (1956) All. Bae os a ca an employer to carry on his business because several employees may ni if itis closed. The grounds for closure of a business may be actual loss or Pere hended loss, also be disinclination to run the risk of running the business [Indian Metal & Metallurgica) v. Industrial Tribunal, Madras, 3 F. J.R. 420 High Court, Madras]. The points of éiffg between a lock-out and closure are as follows : (1) In the case of lock-out it is only the place of business which is closed (and not the busin itself), while in the case of closure of a business not only the place of business but the busi is closed [Express Newspapers (Put.) Ltd. v. Their Workmen, A.LR. (1963) S.C. 569), The do of a business indicates the final and irrevocable termination Of the business itself. Lock-out, 9 other hand, indicates the closure of the place of business or the place of employment and not closure of the business itself. (2) Lock-out is a weapon of coercion in the hands of employer ; closure is generally for trade reasons. (3) In closure there is severance of employment relationship whereas in lock-out there ism severance but only suspension of such relationship. (4) A lock-out is caused by the existence or apprehension of an industrial dispute whereas a closure need not be in consequence of an industrial dispute. 17. National Tribunal (Sec. 2 (/)]. It means a National Industrial Tribunal constituted under Sec. 7-B. aft 18. Public utility service [Sec. 2 (n)]. It means— “ (i) any railway service or any transport service for the carriage of Passengers or goods by air} 5 (ia) any service in, or in connection with the working of, any major port or dock : (ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends : (it) any postal, telegraph, or telephone service ; (iv) any industry which supplies power, light or water to the public ; (v) any system of public Conservancy or sanitation ; (vi) any industry specified in the First Schedule. The appropriate Government may, i if satisfied that publi interest so requ notification in the Official Gazette, decla ret aoeae re any industry specified in the First Schedule to be @Where an 2 connected workman arises _Teferred to above, a workman or any trade union of workmen of which such work may refer such dispute to the Grievance Settlement Authority for settlement [Sec. Grievance Settlement Authority shall follow such procedure and complete its. such period as may be prescribed [Sec. 9-C (3)]. Sec. 9-C specifically provides that no reference shall be made under Chapter Ill with reference of disputes to Boards of Conciliation, Courts of Inquiry or Industrial T; Tespect to any dispute referred to above unless— (@) such dispute has been referred to the Grievance Settlement Authority concerned, and (6) the decision of the Grievance Settlement Authority is not acceptable to any of the p; the dispute [Sec. 9-C (4)]. PROCEDURE FOR SETTLEMENT OF INDUSTRIAL DISPUTES AND AUTHORITIES UNDER THE ACT (Chapter Il, Secs. 3 to 9) The Industrial Disputes Act intends, by making various provisions, the Prevention and set of industrial disputes. The Act, in its Preamble, has also emphasised this Point by saying that the Adt is “for the investigation and settlement of industrial disputes’ The Act provides an elaborate and effective machinery for bringing about industrial peace Bh setting up various authorities for the investigation and settlement of industrial disputes, authorities are: 1. Works Committees (Sec. 3). 2. Conciliation Officers (Sec. 4). 3. Boards of Conciliation (Sec. 5). 4. Courts of Inquiry (Sec. 6). 5. 6. 7 Labour Courts (Sec. 7). Industrial Tribunals (Sec. 7-A). National Tribunals (Sec. 7-B). ¢ The Act provides for the following modes of settlement of disputes under the Act : 1. Voluntary settlement and conciliation, 2. Adjudication, and 3. Arbitration, Mihi —Conciliation. Th ntatare oee 1. Works Committees, . 3. Boards of Conciliation, and Courts of Inquiry w , ie ry which may be constituted be by sti esa vith or relevant so an retecas piss for inquiring into any matter appearing to Adjudication. The aforesaid authorit ty opinion or settle the industrial dispute bel SHE nao tote adj Tag 1. Labour Courts ee 2, Industrial Tribunals, and ey 3, National Tribunal i Voluntary reference. Sec. 10- oe 10-A makes provision for voluntary reference of disputes to The various authorities which constitute the machiery for the prevention and settlement of tS industrial disputes are discussed below CONCILIATION MACHINERY tion Officers, Boards of Conciliation, and Courts of Inquiry Works Committees, Concilia constitute the conciliation machinery for settIment of industrial disputes. They can only promote Jae sellement of industrial disputes or inquire into them but cannot make any awards which are binding gust onthe parties 1. Works Committees (Sec. 3) trial establishment in which 100 or more workmen are employed op rate the preceding 12 months, the appropriate Govenmen met i loyer to constitute 2 Works Committee. The Committee 210 corstkaen engaged in the establishment, The the Committee shall not be less than the number of tatives of the workmen a be en big ‘ed in the establishment a1 in consultation the workmen re nions Act, 1926 (Sec. 3 (I) .d under the Trad Works Committee to— In the case of any indus have been employed on any di general or special order, require the emp! shall consist of representatives of employe umber of representatives of workmen 09 representatives of the employ’ Prescribed manner from among their trade union, if any, registere f the ‘s ies. It shall be the duty 0 : hice oe for securing and preserving amity and good relations between the res (1) promote measures (OF tee ond, 2 employers and workmen an interest or concern, (2) comment upon matter (3) endeavour to compose 2! ik (2), These matters are so wide-ranging © jr common sof their com! Petnon in respect of such mater Se 2 {ference 0! 3 ny material ne welfare of workers, superdsion of‘ be + for one or more speci for a limited period [Sec. 4 (2)]. He shall be deemed to be a public me ‘Sec. 21 of the Indian Penal Code, 1860 (Sec. 11 (6). : Duties (Sec. 12). (1) To hold conciliation proceedings. Where ied tre Sxists or is apprehended, the Conciliation Officer may hold conciliation proceedings, dispute relates to a public utility service and a notice under Sec. 22 has been given, he s conciliation proceedings in the prescribed manner [Sec. 12 (1)]- (2) To investigate the dispute. The Conciliaion Officer shall, for the purpose of brin about a settlement of the dispute, without delay, investigate the dispute and all matters aff : merits and the right settlement thereof. He 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 [Sec. 12 (2)} But he has no authority to make a final decision " (8) To send a report and memorandum of settlement to appropriate the conciliation. Government. If a settlement of the dispute is arrived at in the course of t Proceedings, the Conciliation Officer shall send a report thereof to the appropriate Government of | an officer authorised in this behalf by the appropriate Government. He shall also send a memorandum of the settlement signed by the parties to the dispute to the appropriate Goverment [Sec. 12 (3)} @) To send a full report to the appropriate Government setting forth the steps taken by him in case no settlement is arrived at. I{ no such settlement is arrived at, the Conciliation Officer shall as soon as alter 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. The report shallbe accompanied with a full statement of such facts and circumstances, and the reasons on account 6 which, in his opinion, a settlement could not be arrived at [Sec. 12 (A) Time for the submission of the report. The report by the Conciliation Officer shall be submitted within 14 days of the commencement of the conciliation Proceedings or within stich shorter period as may be fixed by the appropriate Government [Sec, 12 (6) Further reference by the appropriate Government—if no reference is made, reasons to be communicated to the parties. If, on a consideration of the report referred to in Sec. 12 (4), the appropriate Government is satisfied that there is a case for reference to a Board of Conciliation, Labour Court, Industrial Tribunal or National Tribunal, it may make such reference. Where the appropriate Government does not make such a reference, it shall record and communicate to the parties concerned its reasons therefor [Sec. 12 (5) ; Powers. (1) Power to enter premises. A Conciliation Officer may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter premises occupied by the establishment to which the dispute relates (Sec. 11 (2)). ree‘Appointment and constituti ication in the Official Gazette, conan, PeroPtate : for promoting the settlement of an te Board of Conciliation industrial dispute (Sec. 5 (1)}, tion (Sec. 5) - 2 (i)). The othe the dispute: att members shall be persons Person appointed to represent a party shall be (Sec. 5 (3)]. But if any party fails to make a persons a8 it thinks fit to represent that party [Proviso to See SI, ee A Board, having the prescribed quoru 4 thet ™, May act, notwithstanding the absence of the chairman arany of its members or any vacancy in its number [Sec. 5 (4)}. But # the eee ent ie et eT Be are ee services of the chairman or any other member have ceased to be available, the Board shall not act until a new chairman or member, as the Ehime’ appointed [Proviso to Sec. 5 (4)] shea ibe, Reference of dispute. Where the appropriate Government is of opinion that any industrial Wik Gym _ “SPute exists or is apprehended, it may at any time, by order in writing, refer the dispute to a Board | Conciliation for promoting a settlement thereof [Sec. 10 (1) {a)} | Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or oa separately, for a reference of the dispute to a Board, the appropriate Government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly # (See. 10 (2)} #38? Prohibition of strike or lock-out. Where an industrial dispute has been referred to a Board iq@) wnder Sec, 10, the appropriate Government may by-order prohibit the continuance of any stk OF lock-out in connection with such dispute which may be in existence on the date of the reference Wee, 10 (3)) bout a settlement of the dispute. Where a dispute has Duties (Sec. 13). (1) To bring about a s . h n Fone to a Board of Conciliation, it shall be the duty of the Poa to ona to eng aout a settlement of the same. It shall, without delay, peat 4 ai ‘su a passin atfecting th hit settlement thereof. It may also do all such things as Bape, mets and tbe 1g Tair and amicable setlement of the dispute (Sec. 13 purpose of inducing the parties to come to a fal (y, dum of settlement to the appro 2) t and memoran' the a) ; Bro. 3 iy a cee of the dispute is arrived at in OF Reortebek 5) Li “ Bard chad: aoc c reporbthereok ts tnestasetlias aaa : dispute (Sec. 13 (2). the settlement, signed by the parties to opened Government setting forth a @) To send a. full te ar Peer is arrived at. Ino such setement i taken by thedispute the appropriate Government [Sec. 13 (5)]. The appropriate ‘extend the time for the submission of the report by such further periods not exceed the aggregate The time for the submission of the report may also be extended by may be agreed on in writing by all the parties to the dispute Report of the Board to be in writing and to be signed and its publication. Th, of the Board shall be in writing and shall be signed by all the members of the Board. A mer the Board may record any minute of dissent from a report or from any recommer therein [Sec. 16 (1)]. Further the report together with the minute of dissent recorded there be published by the appropriate Government within 30 days from the receipt thereof (See. 17 Powers. (1) Power to enter premises. A member of a Board may for the pur inquiry into an existing or apprehended industrial dispute, after giving reasonable notice, premises occupied by any establishment to which the dispute relates [Sec. 11 (2)]. (2) Powers of Civil Court. A Board shall have the same powers as are vested in a Cuil Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely— (a) enforcing the attendance of any person and examining him on oath ; (b) compelling the production of documents and material objects ; (c) issuing commissions for the examination of witnesses ; (d) in respect of such other matters as may be prescribed, Every inquiry or investigation by a Board shall be deemed to be a judicial proceeding within the meaning of Secs. 193 and 228 of the Indian Penal Code, 1860 (Sec. 11(3)]. ‘All members of a Board shall be deemed to be public servants within the meaning of See 21 | the Indian Penal Code, 1860 (Sec. 11 (6)] a may think fit {Sec. 11 (1)]. 4. Courts of Inquiry (Sec. 6) Appointment and constitution. The appropriate Government may, by nolifi Official Gazette, constitute a Court of Inquiry {hereinafter called the Court) for inquiring matter appearing to be connected with or relevant to an industrial dispute (Sec. 6 (1)]- A &% consist of one independent person [For the definition of ‘independent person’, refer toSaN Subject to any rules that may be ee a ¥y be made in this behalf, the Court shall follow such procedure as it Duties. A Court shall inquire into the Pei Gaernment ‘e matters referred to it and report thereon to the Ba sec = nt ordinarily within a period of 6 months from the commencement of its The report of the Court shall be in writing and signed by all the members of the Court. Any member of the Court may record any minute of dissent from a report or from any recommendation. therein (Sec. 16 (1)]. The report together with any minute of dissent recorded therewith shall be published within a period of 30 days of its receipt by the appropriate Government (Sec. 17 (1)} The duty of a Court is to abide by the principle of fairplay and justice [Hindustan Steel Ltd. v. State of Orissa, A.1.R. (1968) Ori. 345} Powers. (1) Power to enter premises. A member of a Court may for the purpose of inquiry into an existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates (Sec. 11 (2) (2) Powers of Civil Court. A Court shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a sult in respect of the following matters, namely — () enforcing the attendance (b) compelling the production of (c) issuing commissions for the ex d { such other matters 2 Brey ie Se investigation by a Court shall be deemed to be a judicial proceeding within ‘o i | Code, 1860 [Sec. 11(3)). Mear \d 228 of the Indian Penal Bao eee ae chinks A, appciek ona a ore pa sped node of he or are ‘as assessor oF assessors 10 advise it in the proceeding before er con (ec. DICATION MACHINERY ho ama of adjudication authorities under the of any person and examining him on oath ; documents and material objects ; ‘amination of witnesses ; and 5 may be prescribedappropriate Government by the pi 11 (7) ™ manner as an arrear of land revenue pee tobe Chil Court for the PUTDOSeS of Secs, ag Every National Tribunal shall be dee! C aia and 348 of the Code of Criminal Procedure, 1973 (Sec. 11 (8)] PROCEDURE, POWERS AND DUTIES OF AUTHORITIES (Chapter IV, Secs. 11 to 21) appropriate Government by the person ent’, be Wer 8 ment in the ee hor y ¢ ¢ if % f 1 a 1, Procedure [Sec. 11 (1)] ‘i Subject to any rules that may be made in this behalf, an arbitrator (appointed under See. 1p n (appointed under Sec. 5), a Court of Inquiry (appointed under Sec, 6 ointed under See. A) a edure as the arbitrator or ogg a Board of Concil ou Labour Court (appointed under Sec. 7), an Industrial Tribunal National Tribunal (appointed under Sec. 7-B) shall follow such } authority concerned may think fit. Powers and duties of authorities These have already been discussed at appr Powers of Labour Courts, Industrial Tribunals and National Tribunalste Wil change (ec. 9. give appropriate relief in case of discharge or dismissal of workmes Hang Set 9-4, no er (Sec. 11-A) Seale ty any wo Where an industrial dispute relating to the c referred to a Labour Court, Industrial Tribunal o1 place smissal of a workman has bt ] fi inal for adjudication and, in fe Rei ett Othe vg, | Mature of a Ol the che cha®” 4) National Tribunal, Board of 0 om » Board V be atwhich the vacancy is filled _ Conciliation “ Cue fh the Labour cau iat é Ol Inquiry, as the case i ' may be, from the | ial oe \NOTICE OF co IN CONDITIONS OF SERVICE apter II-A, Secs, 9-A and 9-B) expression ‘condi a Bi mployec ee al Service’ means the (a) the contract between the (b) the statute law, cca (e) the decisions of the Courts, (d)the standing orders, and (@) the customs and usages of trade. employees in industrial establi ditions of service arise: come a major terms of employment between the employer ishments must be precisely defined. The ¢ because changes are inevitable. If these source of industrial strife. ‘Conditions of service’ of necessity of regulating changes in con changes are not regulated, they are bound to be Notice of change (Sec. 9-A) According to Sec. 9-A, n° emplo service applicable to any workman in resp change— teproduced on next page) shall effect such an 7 d suc] (a) without giving to the workmen ikely tb ed Manner of the nature of the change propos ho proposes to effect any change in the conditions of mele he Fourth Schedule er, Wi y char H ect of any matter specified in tl ate order, promon tne continuan a =. ice of il 1. | wy}, may be in existence on the date of the wh Strike of lock-out in connection with s Steg Arbitration Act, 1940 not to appl Nee (Sec. 10-A (4-A)]. a 0, titrations under Sec. 10-A [Sec. 10-A Gl jothing in the Arbitration Act, 1940 shall apply to. a the in AWARD AND SETTLEMENT The meaning of the terms ‘award’ and ‘ , ® J jay the definitions of various terms used in AK nce has already beet exnlined ae nt te form of report or award (Sec. 16) 's The report of a Board of Conciliation or Court of Inquiry shall be in writing and shall be signed )]. A member of the Board byall the members of the Board or Court, as the case may be [Sec. 16 (1 recommendation made of Court can, however, record a minute of dissent from a report or from any therein [Proviso to Sec. 16 (1)]. The award of a Labour Court or Industrial Tribunal shall be signed by its presiding officer [Sec. 16 (2)] | or National Tribunal shall be in writing and Publication of reports and awards (Sec. 17) (1) Every report of a Board of Conciliation or Court of Inquiry together with any minute of dissent recorded therewith, (2) every arbitration award, and (3) every award of a Labour Court, Industrial Tribunal or National Tribunal, shall, within a period of 30 days from the date of its receipt by the appropriate Government, be jpublished in such manner as the appropriate Government thinks fit (Sec. 17 (1)].__ (a) the appropriate Government may if ee ‘Court or an Industrial Tribunal in MB) Wa Canina ‘may if it fs of opinion, in any case where the award has b ‘bya National Tribunal. by notification in the Official Gazette, declare that the award shall not become enforeable on the expiry of the said period of 30 days, appropriate Government, or as the case may be, the Central Government, shall do so, ‘expedient on public grounds affecting— {a) national economy, (©) or social justice to give effect to the whole or any part of the award [Proviso to Ses. 17-4 Rejection or modification of award within 90 days. Where any declaration has beea made in relation to an award under the Proviso to Sec. 17-A (1), the appropriate Government orthe Central Government may, within 90 days from the date of publication of the award under See, 17, make an order rejecting or modifying the award. In such a case, it shall, on the first aveilable opportunity, lay the award together with a copy of the order— (a) before the Legislature of the State, if the order has been made by a State Government, or (6) before Parliament, if the order has been made by the Central Government [Sec. 17-A (2 Where any award as rejected or modified by an order is laid before the Legislature of a Stale or before Parliament, it shall become enforceable on the expiry of 15 days from the date on whichitl $0 laid. Where no order is made rejecting or modifying the award in pursuance of declaration, the award shall become enforceable on the expiry of the of 90 days from the date of the publication of the award [Sec.17-A (3). Subject to the above provisions regarding the enforceability of an award, the award shall eome into operation with effect from such date as may be specified therein, Wh date is so specitied, the award shall come into operation on the expiry of 30 days from the date of its publication (See. 17-A (4). Payment of full wages pending proceedings (Sec. 17-B) ‘ Where in any case, a Labour Court, Industrial Tribunal or National Tribunal by its award ditees: reinstatement of any workman, the employer may prefer any proceedings against such awardiN® High Court or the Supreme Court. But during the period of pendency of such proceedings tM employer shall be liable to pay such workman full wages last drawn by him. The wages sill inclusive of any maintenance allowance admissible to the worlen = (a) he had not been employed in any establish; nif 7 lishment during the period of pendet cal (6) an affidavit by such workman hi : iad been filed 5 ail proceedings are pending (See, 17-B), led to that effect in the Coufe te tre ay, dean ode he guard sal ns 09 St pendency of the proceedings or pad for such period o part, as ieee ons on whom settlements and aaa (1) A settlement arrived at ‘wards are bind: ts slo 0 specoute of conciationprocecaga een between he eae (Sec. 18) ling on the and workmen otherwise than in (a) on all parties to the dispute (6) on all other parties summo summoned to appear i the Board of Conciliaton, arbitrator, Labour Cou, paper oeeeainas as parties to the disput may be, records th our Court, Industrial Ti ispute, Unless ean, the opinion that they were ayn astal Tribunal or National Tribunal; as the (@) where a party referred to in Clause (a) or Cl immoned without proper cause ; arassigns in respect of the establishment to which te die na (d) where a party referred to in Cla Na al wea who were Fessloved in the cotonianieery {c) or Clause (bis composed of workmen, Of ll Belson ee te relates on the date ot aS part of the establishment, as the case may be, to which fatésiablshment or partof the esabishment (Sec 18(3h, a Period of operation of the settlement and awards (Sec. 19) Period of operation of the settlement. A settlement arrived at in the course of conciliation liation Officer or a Board of Conciliation shall come into operation— porceedings before a Co! agreed upon by the patties to the dispute, and (a) on such date as is a (b)if no date is agreed upon, on the date on which the memorandum of the setlement is signed [Sec. 19 (Hh by the parties to the disp Settlement binding for period agreed upo binding for such period as is agreed upon by the parties. If no such period is agreed upon, the Wetleeert shall be binding for a period of 6 months from the date on which the memorandum of tetilement is signed by the parties to the dispute. It ‘shall continue to be binding until a party gives notice in writing to terminate the settlement. The settlement ceases to be binding on the expiry of 2 months from such notice of te 3 the parties to the thet iat rmination given by one oF the settlemer 9 eae .e no effect unless itis given 9 (2) shall hav A notice given under Sec 19 (2) shall the majority of persons bound by the settlement (Sec. 19 (7) : joe - amok award area sey Sa provisions of Se. 19: emg Operation for a period 0! fix such pet J. But the appropriate Government my eee expiry of the sak riod anc [Proviso 1 to Sec. 19 (3)|- Again the approk n or for 6 months. Such settlement shall be by a party representing priate Government may, eformay rler the award ora pat oft if the award was that of a Labour Court, or use tetera the siard vas that ota THisunal or of Netionel Tribumal fon dec Period of operation should not, by reason of change, be shortened. s i tion or on the a The appropriate Government may refer the award of its own motion o any party bound by the award. The decision of the Labour Court or the Tribunal, as the be, on such reference shalll be final [Sec. 19(4)}. fi my: Award to continue to be binding until the expiry of 2 months from the notice of its termination by a party. The award shall continue to be binding on the p after the expiry of the period of operation till a party bound by the award gives notice to the ¢ Parly or parties intimating its intention to terminate the contract. The award ceases to be binding on the expiry of 2 months from such notice [Sec. 19 (6)]. The notice shall not have effect unless itis given by a party representing the majority of persons bound by the award [Sec. 19 (7}]. 4 Penalty for breach of settlement or award (Sec. 29) Any person who commits a breach of any term of any settlement or award, which is bindingon him, shall be punishable with imprisonment for a term which may extend to 6 months, or with fine, or with both. Where the breach is a continuing one, he shall be punishable with a further fine which May extend to Rs. 200 for every day during which the breach continues after the conviction for the first offence. Further the Court trying the offence may, if it fines the offender, direct that the whole or any part of the fines realised from him shall be paid, by way of compensation, to any person | who, in its opinion, has been injured by such breach Commencement and conclusion of proceedings (Sec. 20) Commencement of proceedings. A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under Sec, 22 is received by the Conciliation Officer or on the date of the order teferring the dispute to a Board of Conciliation, 26 the case may be [Sec. 20 (1)]. rs Conclusion of proceedings. A conciliation proceeding shall be deemed to have co a (a) where a settlement is arrived at, when a memorandum of the settlement is signed by Parties to the dispute ; . (b) where no settlement is arrived at, when the report of the Conciliation Officer is the appropriate Government, or when the teport of the Board of Conciliation is Sec. 17, as the case may be ; or {c) when the reference is made to a Court of Inquiry, Labour Court, Industrial National Tribunal, during the pendency of conciliation Proceedings [Sec. 20 (2)].(Chapter v, Secs. 22 10 25) 4 The meaning of the terms ‘strike’ and 4 , ates on locos are prohibited bythe Indesit ayes been : utes Act, prohibition of strikes and lock-outs (Secs. 22 1. Strike in a public utility service (Sec. 22 ( ei senice shall o on strike in breach of content= Jl. No person employed in a public utility (a) without giving to the employer notice of strike. (b) within 14 days of giving such notice ; or within 6 weeks before striking ; or [¢) before the expiry of the date of strike specified in any such notice as aforesaid ; or (d) during the pendency of any conciliation proceedi i . er the conclusion of such proceedings. Proceedings before a Conciliation Officer and 7 days Astrike notice is valid only for 6 weeks. Clause (b) ensures that there is enough prior warning before the workmen actuallly go on strike. 2. Lock-out in a public utility service [Sec. 22 (2)]. No employer carrying on any public utility service shall lock-out any of his workmen— (@) without giving them notice of lock-out, within 6 weeks before locking-out ; or (b) within 14 days of giving such notice ; or (Q)before the expiry of the date of lock-out specified in any such notice as aforesaid ; oF (@) during the pendency of any conciliation proceedings before a Conciliation Officer and 7 days alter the conclusion of such proceedings. A lock-out notice is valid only for 6 weeks. Clause (b) ensures that there is enough prior warning The a of lock-out shall be given in such manner as may be a (Sec. 22 ie a - trike not necessary in certain cases. The notice of lock-out or Bie ctnaes Fee there is already in existence a strike, hs th oan peyote Out in the public utility serivce. But the employer shall send ane ade, a the day on which it is declared, to such authority as — tee | eet me P mment either generally or for a particular area or for a particular pul services Sec, 22 (3)} J “ ut to be given within 5 days. If on any day an eeemion ofinotices of ot a) him any notices of strike or gives to any persons employer receives from any best f lock-out, he shall within 5 days thereof report to the appropriate employed by i any Se eal “ek Pat Government may prescribe the number of such notices or to sucl Teceived or given on that day (Sec. 22 (62 | Paes g the pendency of arbitration proceedings before an arbitrator and 2 months conclusion Ree ere 10-A (3-A) ; (d) during any period in which a settlement or award is in operation in respect of any matters covered by the settlement or award. ie The underlying reason behind Secs. 22 and 23 is that where a dispute has been referred to conciliation or adjudication, a strike or lock-out, in furtherance thereof, is both unnecessary 2 inexpedient. Ilegal strikes and lock-outs (Sec. 24) A strike or a lock-out shall be illegal if— (1) itis commenced or declared in contravention of Sec. 22 or Sec. 23 ; or (2) it is continued in contravention of an order made under Sec. 10 (3) or Sec. 10-A (4-A), Where a strike or a 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 of Conciliation, a Labour Court, Industrial Tribunal or National Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal provided 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 Sec. 10 (3) or See. 10-A (4-A) [Sec. 24 (2)]. A lock-out declared in consequence of an illegal strike or a strike deci. illegal lock-out shall not be deemed to be illegal [Sec. 24 (3)] Prohibiton of financial aid to ille knowingly expend or apply any money in out. lared in consequence of an gal strikes and lock-outs (Sec, 25). No person shall direct furtherance or support of any illegal strike or lock- Penalties regarding strikes and lock-outs (1) Penalty for illegal strikes [Sec, 26 (1)). An otherwise acts in furtherance of a strike which is ille term which may extend to 1 month, or with fine whi y workman who. commences, continues, gal, shall be punishable with imprisonment ich may extend to Rs. 50, or with both, (3) Penalty for instigation, etc. (Sec. 27). Any person who instigates or ingites ot! part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal, shall be puna) Chapter V-A (Secs. 25-A to 9: (b) Chapter V-B (which contains poettain establishments) (Secs, 25. SPecial provis) to 25.5) Application of Secs. 25-C to 25-E (Sec 25-A) The provisions as to lay-off and retven gall apply only to industrial establish working day have been employed in th, to industrial establishments— ons relating to lay-off, retrenchment and closure of workmen as embodied in Sees, 25-C to 25-E ; ‘ments in which 50 or more workmen on an average per ; '¢ preceding calendar month. These provisions shall not apply y t {a) to which Chapter V-B applies, or ad {b) in which less than 50 workmen on on an aver ki in : eee ne age per working day have been employed in the Mik | (which are of a seasonal character or in which work is performed only intermittently (See. 25- aie | (1) ore If 2 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 eda | shallbe final [Sec. 25-A (2) In Secs, 25-A, 25-C, 25-D and 25-E, ‘industrial establishment’ means— nal | () a factory as defined in Sec. 2 (m) of the Factories Act, 1948 ; or | ii) amine as defined in Sec. 2(1} (of the Mines Act, 1952; or (ii) a plantation as defined in Sec. 2 (f) of the Plantations Labour Act, 1951 (Explanation to Sec. 25-A). s° Definition of continuous service (Sec. 25-B) ; ‘ontinuous service for a period if he is, for that period, in t of— tninterrupted service, including service which may be interrupted on account A workman shall be said to be in c 50 (sickness, or ‘ (b) authorised leave, or y {¢) an accident, or y (d) a strike which is not illegal, oF. Bes, = amie age bie h en cee ae sriod pee ca ma tn 0 year whether or ‘such continuous service for a period of 1 year [The Co-op. Textile Mill Court, ii (1988) Lab. ILC. 425 (All.)]. It is enough that he has worked for 240 period of 12 months, itis not necessary that he should have been in the service of the ‘one whole year [Surendra Kumar Verma v. Central Govt. Industrial Tribunal-cum-Lat ‘New Delhi , (1980) Lab. 1.C. 1292]. Likewise, a workman shall be deemed to be in continuous service for a period of 6 has, during a period of 6 calendar months preceding the date with reference to which ca to be made, actually worked under the employer for not less than— {) 95 days, in the case of a workman employed below ground in a mine ; and (ii) 120 days, in any other case [Sec. 25-B (2). Calculation of working days. In computing the number of days in which a workroel actually worked in an industry, the employer shall include the days on which the workmen has been— 1st {i) laid-off under an agreement or as permitted by standing orders made under the Industral Employment (Standing Orders) Act, 1946, or under this Act or under any other law is the industrial establishment ; (ii) on leave with full wages, earned in the previous year ; {iii) absent due to temporary disablement caused by accident arising out of and in the count his employment ; and (iv) on maternity leave in the case of a female, so however, that the total period of such maternity leave does not exceed 12 weeks (Explanation to Sec. 25-B). ATAY-OFF Right of workmen laid-off for compensation (Sec. 25-C) The right of a workman to lay-off compensation is designed to relieve the hardship caused by. unemployment due to no fault of the workman. It is based on grounds of humane public policy. The requisites regarding payment of compensation to a workman, who is laid-off, a in Sec. 25-C and are summarised as follows : nee (2) The workman must not be a badli workman or a casual workman if he i is to be er compensation. (2) His name must be borne on the muster rolls of the industrial establishment. have completed not less than 1 year of continuous service. Where t 11 months before lay-off, he is not entitled to lay-off compensation [Su v. Their Workmen, (1963) 1 L.L.J. 29}.; been laid-off | Where the employer decides to Tetrench a workman unde with the conditions precedent to rebrenchinaad as laid in Who is a badli workman ? A ‘badli workanay ; "industrial establishment in the place of another workmen hese ae tieestablishment. But if he has completed 1 year of continuous sevice ih fal cease to be a badli workman for the purposes of See 25.6 | n Duty of an employer to maintain muster rolls of __ Sec, 25-D enjoins upon the employer a duty to maintain a mt notwithstanding that they have been laid-off. He shall also provide for the muster roll by workmen who may present themselves for work at the establish _ time during normal working hours. If a workman does not so present himself and " toll, he shall not be entitled to claim lay-off compensation. ‘i Workmen not entitled to compensation in certain cases No compensation is payable to a workman who has: ote fin the fo it e same (1) Ithe refuses to accept any alternative employment been laid-off, or in any other ‘establishment belonging a ba be : special skill or previous which would normally havedin tion & Steel Co. v. The State of West Bengal, (1967) 2 LL. workman has been paid, at the time of retrenchment, compensa erage pay for every completed year of continuous service or any 1s [Sec. 25-F (b)] ; or {c) notice in the prescribed manne as may be specified by the appropriate (al. 1 is served on the appropriate Government or Government by notification in the Official Gazet Procedure for retrenchment (Sec. 25-G) Where any workman in an industrial establishment, who is a citizen of India, is to be: ‘and he belongs to a particular category of workmen in that establishment, in the abs agreement between the employer and the workman in this behalf, the employer shall etrench the workman who was the last person to be employed in that category, unless for rea to be recorded, the employer retrenches any other workman. Principle of ‘last come, first go’. Sec»25-G of the Act applies the rule of ‘last co go’ to retrenchment. Re-employment of retrenched workmen (Sec. 25-H) Where any workmen are retrenched, and the employer proposes to take into his em persons, he shall give an opportunity to the retrenched workmen who are citizens of Ind themselves for re-employment. The retrenched workmen who offer themselves for re-emn shall have preference over other persons. The offer shall be made in such manner as prescribed. TRANSFER AND CLOSING DOWN OF UNDERTAKINGS ~, to workmen in case of transfer of undertakings ( _ Sometimes the ownership or management of an undertaking is transferred, agreement or by operation of law, from the employer in relation to that er such a case, every workman who has been in continuous service for aiating immediately before such transfer shall be entitled to |the new employer is under the terms fn. in the event of his retrenchmost auch tansler or ear it, otherwise, stinsons and has not been interrupted by ote oni the’ Se fOviso to Sec. 25-FF), oe days’ notice to be give + _ ie “ee FA) given of intention to close down any undertaking or Sg ‘An employer who intends to close d esis oun Sree gieon which the intended closure isto eae cee ee es “east | notice shall be served in the prescribed mann . ee ee = Te ged closure of the undertaking (Sec. 25-FFA (I) The Secnacrten aches ea phe fa)an undertaking in which (i less than 50 workmen rkmen workmen ar 1° tobe | ace eae | 0128 undertaking set up for the construction of buildings, bridges, roads, canals, dams or for saeeaa | Secon ion work or project [Proviso to Sec. 25-FFA (1)] al oi The appro satisfied that owing to some exceptional cirumstanees, provisions of Sec. 25-FFA (1) shall not apply in relation riod as may be specified in the order. The exceptional circumstances in jent in the undertaking, or (b) death of the employer or the like [See unless orreamy | _itisnecessary so to do. toan undertaking for the undertaking f ‘last comets | 25.FFA (2 Penalty. A to 30-A, an employer who closes down an undertaking without complying with the provisi 25-FFA, shall be punishable with imprisonment for a term which may extend to 6 moni h fine which may extend to Rs. 5,000 or with both. his empl A , i és a jndawoelt | Compensation to workmen in case of closing down of undertaking t reeme (Sec. 25 FFF) ner 2 Where an under éontinuous service for no be entitled to notice and compensation (in accon 15 Workman had been retrenched. This is howevst $ Where the undertaking is closed down on account ol E Set fie’ employer, the compensation to be paid fo the’ y reason whatsoever, every workman who has been in undertaking immediately before such closure shall dance with the provisions of Sec. 25-F) as ifthe subject to the provisions of Sec. 25-FFF (2). Bult # unavoidable circumstances beyond the control vkenan shall not exceed his average pay for od for an 1 year in that son merely of— | 8months (Sec, 25-FFF (1)] vty y | Anundertaking which is closed down Py att, | (i) financial difficulties (including er Pe i , socks, ) My i accumulation of nie us vie the lien granted toit, or aM li’) the expiry of the peri vung is engaged in mining operations, exhaustion of the (it To) ew Mihere the undertaking 1 en ae Cored on, Ad Sines nthe esOSURE (Chapter V-B, Secs. 25-K to 25-S) a The Industrial Disputes (Amendment) Act, 1976 brought about the following two iny changes in the Act ; (1) The provisions of Secs. 25-C to 25-E shall not apply to industrial establishments Chapter V-B applies [Sec. 25-A (1)]. pe: (2) A new Chapter V-B (containing Secs. 25-K to 25-S) dealing with special provisions rek to prohibition of lay-off, conditions precedent to retrenchment of workmen and closure in establishments employing 100 or more than 100 workmen (prior to the Amendment of the Ag 1982, this number was 300), restarting of undertakings closed prior to the commencement of Industrial Disputes (Amendment) Act, 1976, penalty for lay-off and retrenchment without. permission and penalty for closure, has been introduced Application of Chapter V-B (Sec. 25-K) The provisions of Chapter V-B (Secs. 25-K to 25-S) shall apply to an industrial establish which not less than 100 workmen were employed on an average per working day for the 12 months, These provisions shall not apply to an establishment— (a) of a seasonal character, or (b) in which work is performed only intermittently {Sec.25-K (1)]. If a question arises whether an industrial establishment is of a seasonal character or work is performed therein only intermittently, the decision of the appropriate Government shall be final [Sec. 25-K (2)]. Definitions (Sec. 25-L) The term ‘industrial establishment’ has been defined for the purposes of Chapter V-B {i) a factory as defined in Sec, 2 (m) of the Factories Act, 1948 ; or (ii) amine as defined in Sec, 2(1) () of the Mines Act, 1952 ; or (iii) @ plantation as defined in Sec. 2 (f) of the Plantations Labour Act, 1951 |S ‘The Central Government shall be the appropriate Government (for the piSuch oe Or on te 1 case, be te [Prove 50 fused b Ul PS LABOUR PRACTICES Pter V-C, Secs. 25-T and 25-U) ‘Amendment Act of The 19 . 425, by Taich certain une introduced a new Chi ate att of hich certain unfair labour practices on the ee NC conan, two Secs. 25-T case introduced Ee ne cio FES Geen ie pa cena and their unions, and rie definition of the term “unta Act of 1982 tothe Adt deals eee ey ok te definition of he em "or abr race ah Pl eee ban se yactices: jn the e@! prohibition of unfair labour eee practice (Sec. 25-T). No employer or wo! er registered eee ynion, whether re gistered under Trade Unions Act, 1926 or not, shall commit any 1 . yr not, sha it any rkman or a trade nfair labour practice Penalty for committing unfair | labour practice (Sec. 25 nt t (Sec, 25-U). Any person who commits an unfair labour practice shall b nishable with imprison term which may extend me Months or with fine which may ex end to Rs. 1 PENALTIES Chapter VI, Secs. 26 to 31) cs, 26 to 30, alty for general provided for i als with Secs. 26 to 31 ¢ ft 30-A, 31 (1) have 1 offences. Penalty for general offer ec. 31 Actior any rule r Je thereund alll for such contraventior ny of the provisions of the under the Act fided by