ID Act, 1947 6) A works committee (Section 3) consisting of an equal number of representatives of employers and workmen shall be constituted by the employers in an industrial establishment in which one hundred or more workmen are employed. abour courts (Section 7) and Tribunals (Section 7A) shall consist of only one person appointed by the appropriate government. Following are the common qua for presiding officer of a labour court or a tribunal: “Judge of o High Court or “District judge or an additional district judgetfor a period of not less than three years or “Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having law degree and at least seven years’ experience in the labour department including three years of experience as Conciliation Officer or “Grade II officer of Indian Legal Service with three years’ experience “Apart from the above, any person with the following q ons can also be appointed as the presiding officer: |.Held any judicial office in India for not less than seven years or 2.Presiding officer of a Labour Court constituted under state or provincial act for not less than five years A ID Act, 1947 addaes 8) A National Tribunal (Section 7B) constituted by the central government shall consist of only one person. The presiding officer of the tribtinal must be a person who worked or has been a judge of a high court. 9) A grievance redressal committee consisting of an equal number of persons representing employers and employees must be set up in every establishment employing twenty or more workmen. +The total membership shall not exceed six. “There shall be one women member if there are two members in the committee in total. The proportionality should be maintained 10) The appropriate government may refer the dispute to: «Labour court if the dispute is related to the Second Schedule. ‘Tribunal if the dispute is related to the second schedule or the third schedule. *Labour court, if the dispute is related to the third schedule and is not likely to affect more than one hundred workmen. A wv em CE addazsy —— - res works committee (Section 3) consisting of an equal number of representatives of —smployers'and workmen shall be constituted by the employers in an industrial establishment in which one hundred or more workmen are employ dvs *A ¢ nwt addazes1 —— 4 fora committee (See 2 7) Labour tourts—[Section 7) and Tribunals (Section 7A) shall consist of only one person appoimed by the appropriate goverument. Following are the common qualifications —“Tor presiding officer of a labour couT oF tribunal: 4 hudge of a High Courror—————_ istrict judge or an additional district judge for a period of not less than three years or “Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a law degree and at least seven years’ experience in the labour department including three years of experience as Conciliation Officer or Jc UT officer of Indian Legal Service with three years’ experience (Pit Som the above, any person with the following qualifestions cam slo be eppoinid a the Presiding officer: ULHeld any judicial office in India for not less than seven years or 2.Presiding officer of a Labour Court constituted under state or provincial act for not less than fe years ID Act, 1947 8) A National Tribunal (Section 7B) constituted by the central government shall consist of only one person. The presiding officer of the tribunal must be a person who worked or has been a judge of a high court. 9) A grievance redressal committee consisting of an equal number of persons representing employers and employees must be set up in every establishment mploying twenty or more workmen. ‘The total membership shall not exceed six. “There shall be one women member if there are two members in the committee in total. The proportionality should be maintained. 10) The appropriate government may refer the dispute to: “Labour court if the dispute is related to the Second Schedule. ‘Tribunal if the dispute is related to the second schedule or the third schedule, *Labour court, if the dispute is related to the third schedule and is not likely to affect more than one hundred workmen. A wv CE n 3) consisting of an equal number of representatives of Fémployers'and workmen shall be constituted by the employers in an industrial establishment in which one hundred or more workmen are employed. ~y a, + 7) Labour ction 7) and Tribunals (Section 7A) shall consist of only person appoimed by the appropriate government. Following are the common qualifications —Tor presiding officer of a labour court oF tribunal: A inddge of a High Tourrar———_— istrict judge or an additional district judge for a period of not less than three years or “Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a law degree and at least seven years’ experience in the labour department including three years of experience as Conciliation Officer or\:Guade II officer of Indian Legal Service with three years’ experience “Apart from the above, any person with the following qualifications can also be appointed as the presiding officer: \LHeld any judicial office in Zoe officer of a Labour Court constituted under state or provincial act for not less than \ fe years ia for not less than seven years or A LDPC ae br addaas 8)-A National Tribunal (Section 7B) constituted by the central government Shall consist of only one person. The presiding officer of the tribunal must be a person who worked orhas been a judge of a high court. 9) A grievance redressal committee consisting OF'an equal number of persons <<<" representing employers and employees must be set up in every establishment "[ eiizloving treaty & ore wae .¢ 7 The total membership shall not exceed “There shall be one wSmen Jnember if there are two members in the committee in total. The proportionality should be maintained. = 10) The appropriate government may refer the dispute to: LL *LAbour court if the dispute is related to the Second Schedule “Tribunal if the dispute is related to the second schedule or the third schedule. “Labour court, if the dispute is related to the third schedule and is not likely to affect more than one hundred workmen. 4 T A ID Act, 1947 addaew1 11) A court shall report ordinarily within six months from the commencement of the inquiry to the appropriate Government. 12) Strikes and lockouts are prohibited in the following cases: *Without giving notice within six weeks before striking or locking out; or *Within fourteen days of giving such notice; or *Before the expiry of the date of strike or lockout in the notice; or During conciliation proceedings before a conciliation officer and seven days after the conclusion of the proceedings. *During the proceedings before the arbitrator, Labour court, Tribunal or National Tribunal and two months after the conclusion of the proceeding During the operation period of a settlement or an award, 13) A workman is said to be in continuous service for a period of one year or six months, if the workman has worked for the following days during twelve or six calendar months respectively sone hundred and ninety days or ninety-five days respectively, if employed below ground in mine. stwo hundred and forty days or one hundred and twenty days respectively, in any other case.A ID Act, 1947 addaes7 (BA National Tribunal (Section 7B) constituted by the central government Shall consist of only one person. The presiding officer of the tribunal must be a person who worked orhas been a judge of a high court. 9) A grievance redressal committee consisting OPan equal number of persons 62" represent ing employers and employees must be set up in every establishment mploying twenty or more workmen, .2 0 + <7 +The total membership shall not exceed “There shall be one w&men Jnember if ther are two members in the committee in total. The proportionality should be maintained. =e 10) The appropriate government may refer the dispute to: <7 *|Abour court if the dispute is related to the Second Schedule “Tribunal if the dispute is related to the second-schedule or the third schedule. - IT *Labour court, if the dispute is related to the third schedule and is not likely to affect more than one hundred workmen. A Noe bad addaew1 11) A court shall report ordinarily within six months from the commencement of the inquiry to the appropriate Government. 12) Strikes and lockouts are prohibited in the following cases: *Without giving notice within six weeks before striking or locking out: or *Within fourteen days of giving such notice: or *Before the expiry of the date of strike or lockout in the notice: or *Doring conciliation proceedings before a conciliation officer and seven days after the conclusion of the proceedings. *During the proceedings before he arharator, Labour court, Tribunal or National Tribunal and two month after the conctusion of the proceedings *Durnng the operation period of a settlement or an award. 13) A workman is said to be in continnous service for a period of one yeur or six months, if the workman has worked for the following days ducing twelve or six calendar manths respectively sone hundeed and uinety days or ninety-five days respectively, if employed below ground in a mine, stwo hundred and forty dayy or one hundred and twenty days respectively, in any other case, A ID Act, 1947 49°F orkman in continuo’ after: g one month notice indicating the reasons for retrenchment and wages for the notice period. sPavina samnencatian on} lant tn fifteen dave averaae naw far every camnlatedseyeis tee louseewan sagen year of continuous service. *Notice is served on the appropriate government. 15) A notice in the prescribed manner on the appropriate government shall be served by an employer who intends to close down an undertaking, at least sixty days before the date of closure. This is not applicabl *To the undertakings in which less than fifty workmen are employed or were employed in the preceding twelve months. *To the undertakings set up for the construction of buildings, bridges, roads, canals, dams or for other work or projects. ‘The appropriate government shall give an exception in case of an accident in the undertaking or the death of the employer or any other reason. A ID Act, 1947 addaas7 11) A court shall report ordinarily s from the commencement of the inquiry to the appropriate Goyesament 12) Strikes and lockouts are prohibited in the following cases: *Without giving notice within six weeks before striking or locking out; or *Within fourteen days of giving such notice; or *Before the expiry of the date of strike or lockout in the notice; or “During conciliation proceedings before a conciliation officer and seven days al the proceedings. During the proceedings before the arbitrator, Labour court, Tribunal or National Tribunal and two months after the conclusion of the proceeding During the operation period of a settlement or an award, 13) A workman is said to be in continuous service for a period of one year or six months, if the workman has worked for the following days during twelve or six calendar months respectively: sone hundred and ninety days or ninety-five days respectively, if employed below ground in a mine. stwo hundred and forty days or one hundred and twenty days respectively, in any other case. sengo ayeemge pag ne Mee A ID Act, 1947 94828 orkman in continuo after: *Giving one month notice indicating the reasons for retrenchment and wages for the notice period “Paying compensation eq year of continuous service. *Notice is served on the appropriate government 15) A notice in the prescribed manner on the appropriate government shall be served by an employer who intends to close down an undertaking, at least sixty days before the date of closure. This is not applicable: *To the undertakings in which less than fifty workmen are employed or were employed alent to fifteen days average pay for every completedpreveur *To the undertakings set up for the construction of buildings, bridges, roads, canals, dams or for other work or projects. “The appropriate government shall give an exception in case of an accident in the undertaking or the death of the employer or any other reason. A ID Act, 1947 addaew 16) Any person committing any unfair labour practice shall be punishable with a maximum imprisonment of six months or 2 maximum fine of one thousand rupees or both 17) Any workman who commences or continues an illegal strike shall be punishable with a maximum imprisonment of one month, or with a maximum fine of fifty rupees, or both. 18) Any employer who commences or continues an illegal lock-out shall be punishable with a maximum imprisonment of one month, or with a maximum fine of one thousand rupees, or both. 19) Any person who gives financial aid or instigates or incites others or to take part in illegal strike or lock-out shall be punishable with a maximum imprisonment of six months or with a maximum fine of one thousand rupees or both. A ID Act, 1947 addaes 20) Any person who commits a breach of any term of any settlement or award shall be punishable with a maximum imprisonment of six months, or fine, or both, If the breach is a continuing one, the fine may extend to two hundred rupees for every day during which the breach continues after the first conviction. 21) In relation to an establishment, a protected workman refers to a workman who is a member of the executive or office bearer of a registered trade union and the number of protected workmen shall be one percent of the total number of workmen employed. “There shall be a minimum of five protected workmen and a maximum of one hundred protected workmen.addazn ———————— 22) A workman who is a party to a dispute shall be represented in any proceeding by the following: jered trade union of which he is a member. *Any executive member or office bearer of a regi *Any executive member or other office-bearer of a federation of trade unions to which the trade union is affiliated “If the worker is not a member of any trade union, then any exeeutive member or office bearer of any trade union connected with the industry in which the worker is employed may represent. 23) An employer who is a party to a dispute shall be represented in any proceeding by the following: *An officer of an association of employers of which he is a member: *An officer of a federation of association of employers to which the association referred is affiliated *if the employer is not a member of any association, then an officer of any association of employers connected with the industry in which the employer is engaged may represent. Noe vd fine, or both. LIT er Lect the breach is a continuing_one, the fine may extend to two hundred rupees_for_ever using which the breach continues after the first marine conviction J pp In relation to an establishmen Ga protected workman fers to a workman ‘who is a member of the executive or office bearer of a registered trade union and the number of protected workmen shall t of the total number of workmen employed. “There shall be a minimum of five protected workmen and @ maximum of one hundred protected Cra A addaes7 2) A workman who is a party to a dispute shall be rept *Any executive member or office bearer of a registe *Any exceutive member or other office-bearer of a federation of trade unions to whtich the trade union is affiliated. +I the worker is not a member of any trade union, then any executive member oF office bearer of any trade union connected with the industry in which the worker is employed may represent. 23) An employer who is a party to a dispute shall be represented in any proceeding by the following: ny proceeding by the following d trade union of which he is a member.*An officer of an association of employers of which lie is a member: *An officer of a federation of association of employers to which the association referred is affiliated sf the emp! not 4 member of any association, then an officer of any association of employers nected with the industry in which the employer is engaged may represent. ID Act, 1947 addaewi fine, or both. CORP Lf the breach is a continuing one, the fine may extend to twe hundred rupess_for_every_ gay during which the breach_gontinues after the fit conviction. wie Tn relation to an cnt 4 protected workman 2efers to a workman who is a member of the executive or office bearer of a registered trade union and the number of protected workmen shall be~ome-peecent of the total number of workmen employe ete ee DP There shall be a minimum of five protected workmen and a maximum of one hundred protected workme Cn zeyr men ly ia ID Act, 1947 2) A workman who is a party to a dispute shall be represented in any proceeding by the following: *Any executive member or office bearer of a registered trade union of which he is a member. *Any executive member or other office-hearer of a federation of trade unions to which the trade union is affiliated, *If the worker is not a member of any trade union, then any executive member or office bearer of any trade union connected with the industry in which the worker is employed may represent 23) An employer who is a party to a dispute shall be represented in any proceeding by the following: *An officer of an association of employers of which he is a member: *An officer of a federation of association of employers to which the association referred is affiliated *If the employer is not a member of any association, then an officer of any association of employers connected with the industry in which the employer is engaged may represent.A ID Act, 1947 addaes1 24) First schedule of the act : list of industries that may be declared to be public utility services. 25) The second and third schedules state the matters that are within the jurisdiction of labour court and industrial tribunal respectively 26) fourth schedule: conditions of service for change of which notice is to be given. 27) fifth schedule: unfair labour practice: A ID Act, 1947 addaes? 24) First schedule of the act : list of industries that may be declared to be public utility services. 25) The second and third schedules state the matters that are within the jurisdiction of labour court and industrial tribunal respectively 26) fourth schedule: conditions of service for change of which notice is to be given. 27) fifth schedule: unfair labour practices, A ID Act, 1947 addaes) a24) Parse seueumre oF be public utility services. 25) The second and third schedules state the matters that are within the our court and industrial tribunal respectively, cute of service for change of which notice is to be AEE = MM UE MUUSUTEY UNM My UE UCEIAIE Ww aivt 27) fifth shee Go bon pra) 5 as Kenhe = ots ie LIL Frees = PRES Tg eM ca MN Broek 2 tne A.workman who is @ party to a di ny executive member or office fers of which he is a member; ‘employers to which the association referred is affiliated. is not » member of any association, then an officer of any association of employers n which the employer is engaged may represent Contact Labour Act, 1970 addaes7 The Contract Labour (Regulation and Abolition) Act, 1970 is an act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances. *The act extends to the whole of India, sIt came into force on 10th February 1971. Important points 1) The Act applies to every establishment in which twenty or more workmen areemployed as contract tabour. This act applies to every contractor who employees twenty or more workmen. 2) The act is mot applicable to the establishments, in which the work is intermittent or casual in nature. *The appropriate government shall consult the Central Board or a State Board to decide the nature of the work and its decision shall be final. 3) The work performed in an establishment is not considered as intermittent in nature: A Contact Labour Act, 1970 addaes7 The Contract Labour (Ri an act to regulate the employment of @ntract labour in certain establishmenSsand to provide for its abolition in certain circumstances. +The act extends to the whole of India. “It came into force on 10th February 1971. Important points 1) The Act applies to every establishment in which twenty or more workmen are employed as contract labour. This act applies to every contractor who employees twenty or more workmen. 2) The act is mot applicable to the establishments, in which the work is intermittent or casual in nature. *The appropriate government shall consult the Central Board or a State Board to decide the nature of the work and its decision shall be final. 3) The work performed in an establishment is not considered as intermittent in nature: A Contact Labour Act, 1970 adda «The If the work is performed for more than one hundred and twenty days in the preceding twelve months «If the work is performed for more than sixty days in a year, in the case of seasonal establishments. 4) Section 2(b) of the act defines contract labour:As per this section, when a workman is hired in connection with the work of an establishment through a contractor, with or without the knowledge of the principal employer, he shall be considered to be employed as contract labour. 5) Establishment (Section 2(e)) refers to the following: “Any office or department of the government or local authority. *Any place where any industry, trade, business, manufacture, or occupation is carried on, 6) The Central Advisory Contract Labour Board (The Central Board) constituted by the central government shall assist it in the matters thatare related to the administration of this act. A Contact Labour Act, 1970 addaes 7) The composition of the Central Board is as follows: *A Chairman to be appointed by the central government. +The Chief Labour Commissioner (Central), ex-officio. *The central government shall nominate such a number of members not exceeding seventeen but not less than eleven to represent the Government, the Railways, the coal industry, the mining industry, the contractors, the workmen, and any other interests considered by the central government. *The number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors. 8) The composition of the State Board is as follows: *A Chairman to be appointed by the state government. *The Labour Commissioner, ex officio, or any other officer nominated by the state government in his absence. A addaes7 7) The composition of the ee ieee *A Chairman to be appointed by the central government tae *The Chief Labour Commissioner (Central), ex-officio. “fi Ya e~ of *The central government shall nominate such a number of members not exceeding seventeen but not less than eleven to represent the Government, the Railways, the coal industry, the mining industry, the contractors, the workmen, and any other interests considered by the central government. *The number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors. 8) The composition of the State Board is as follow *A Chairman to be appointed by the state government. The Labour Commissioner, ex officio, or any other officer nominated by the state government in his absence. A Contact Labour Act, 1970 addaz47 *The state shall nominate such a number of members, not exceeding eleven but not less than nine, to represent the Government, the industry, the contractors, theworkmen, and any other interests considered by the state government. *The number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors, 9) Section 16 of the act is regarding canteens. As per this section, one or more canteens shall be provided by the contractor for contract labour in every establishment: *To which this act is applicable. *In which the work requires contract labour for a specific period. *In which contract labour numbering one hundred or more are employed by a contractor. Contact Labour Act, 1970 ad 9) Section 16 of the act is regarding canteens. As per this section, one or more canteens shall be provided by the contractor for contract labour in every establishment: *To which this act is applicable. *In which the work requires contract labour for a specific period. *In which contract labour numbering one hundred or more are employed by a contractor. Contact Labour Act, 1970 The state shall nominate such a number of members, not exceeding eleven but not less than nine, to represent the Government, the industry, the rs, the workmen, and any other interests considered by the state government *The number of members nominated to represent the workmen shal ie less than the number of members nominated to represent the principal employers and the contractors. — Fat 9) Section 16 of the act is regarding canteens. As per this section, one or more canteens shall be provided by the contractor for contract labour in every establishment:*To which this act is applicable. *In which the work requires contract labour for a specific period. *In which contract labour numbering one hundred or more are employed by a contractor. Contact Labour Act, 1970 10) The contractor shall provide the following to contract labour in every establishment to which the act applies: *Drinking water at convenient places. *Sufficient number of latrines and urinals. *Washing facilities. First-aid facilities. 11) If any amenity required to be provided under this act for the benefit of the contract labour, is not provided by the contractor within the time prescribed, then such amenity shall be provided by the principal employer. *The expenses shall be recovered by the principal employer from the contractor either by deduction from any payable amount or as a debt payable by the contractor. A act Labour Act, 1970 adda24 12) The contractor shall be responsible for the payment of wages before the expiry of the prescribed period. *A representative to certify the amounts paid as wages by the contractor shall be nominated by the principal employer to be present at the time of disbursement of wages by the contractor. f the contractor fails to make payment of wages within the prescribed period or, makes a-shart paymeat, then the principal employer is responsible for the payment of wages or unpaid balance due and shail be recovered from the cuntracter. 13) Any person who does the following shall be punishable with 9 maximum imprisonment of three mouths or with a maximum fine of one thonsand rupees, or with both and in the case of a continuing contravention, with a maximum additional fine of one hundred rupees for every day during the continuation of such contraventionA Contact Labour Act, 1970 addae4 *Contravening any provision of the act *Contravening any rules made thereunder prohibiting, restricting, or regulating the employment of contract labour. *Contravening any condition of a license granted under this act. 14) If any person contravenes any provision under this act and if there is no penalty stated, then he shall be punished with a maximum imprisonment of three months or with a maximum fine of one thousand rupees or with both A addaay? / +Contravening any provision of the act. ) contravening any rules made thereunder probibffing, restricting, or / regulating’ the employment of contract labour. ntravening any condition of a license granted under this act. 14) If any person contravenes any provision under this act and if there is no penalty stated, then he shall be punished with a maximum imprisonment of three months or with a maximum fine of one thousand rupees or with both. 3 ra/a oe "J pe A Trade Union Act, 1926 adda2s Objective: a. Provide registration of trade unionsb. Verification of membership of trade union registered so that they may aqcuire a legal and corporate status. c. Act has provision for “Registration” of trade union but not for “Recognition” for trade union https://www.ilo.org/dyn/natlex/docs/WEBTEXT/32075/64876/E26INDO} htm Equal Remuneration Act, 1976 10) After the commencement of this act, if any employer does the following shall be punishable with fine which shall not be less than ten thousand rupees but may oxtend to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but may extend to one year or with both for the first offence:and with imprisonment which may extend to two years for the second and subsequent offences: *Pays at.unequal rates to men and women workers, for the same work or workiafia similac nature +Makes-any discrimination between men‘and women-workers in contravention of the provisions of this Act “Bails to follow any directiom nixsde by the-appropriate govertiment. I} LLany person is required to produce any register or any other document to an ifispector omits or refuses. tor préduce’or to:give any information; then he shall be punishable with a maximum fine of five hundred rupees. A Equal Remuneration Act, 1976 addaes1 The Equal Remuneration Act, 1976 is an act to provide equal remuneration to men and women and to prevent gender discrimination against women in matters related to employment. “The act extends to the whole of India. *It came into force on 8th March 1976. Equal Remuneration Act 1976: Important points 1) Section 2(g) of the act defines remuneration. It includes basic wage or salary and additional emcluments. 2) Same work or work of a similar nature (Section 2(h)) refers to the work thatrequires some skill, effort, and responsibility under similar working conditions by a man or a woman. A Equal Remuneration Act, 1976 3) Section 4 states that it is the duty of the employer to pay equal remuneration to men and women workers for the same work or work of a similar nature. As per this section +No employer shall pay less remuneration or reduce the rate of remuneration of the workers of opposite gender performing the same work or work of similar nature. “Before the commencement of this act, if the rates of remuneration for men and women workers for the same work or work of similar nature are different only on the grounds of gender, then the highest of such rates shall be the rate of remuneration. 4) Section § states that there shall be no discrimination while recruiting men and women workers. 5) The appropriate government shall constitute one or more Advisory Committees (Section 6) to increase employment opportunities for women *The total membership shall not be less than ten persons, to be nominated by the appropriate government of which one-half shall be women. Equal Remuneration Act, 1976 +The advisory committee shall take the nature of work, working hours, the suitability of women for employment, provision for part-time employment and other relevant factors into consideration while tendering its advice. 6) Officers not below the rank of a Labour Officer shall be appointed by the appropriate government to: *Hear and decide the complaints regarding the contravention of any provision of this act, *Decide the elaims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature. 7) If any employer or worker is aggrieved by any order, he/ she may appeal to such authority specified by the appropriate government within thirty days from the date of the order.sae Be eee adda24 8) Inspectors shall be appointed by the appropriate government to investigate whether the provisions of this act are being followed by the employers ot not. Every inspector shall within the local limits of his jurisdiction: hall enter any building, factory, premises or vessel with assistance *Shall examine documents relating to the muster-roll or other documents relating to the employment of workers. hall take evidence of any person to ascertain whether the provisions of this act are being compiled or not *Shall examine the employer, his agent or any other person found in charge of the establishment. *Shall make copies of any register or document related to the establishment under this act. *Shall require ister or document or any information. y person to produce any re; Eo LEC a Oe Bee 9) After the commencement of this act, if an employer fails to follow the following shall be punishable with a maximum imprisonment of one month or with a maximum fine of ten thousand rupees or with both: *Fails to maintain any register or other document in relation to workers. +Fails to produce any register, muster-roll or other document relating to the workers. *Refuses to give any evidence or any information *Prevents his agent, servant or any other person in charge of the establishment or any worker, from giving evidence. “qual Remuneration Act, 1976 adda241 10) After the commencement of this act, if any employer does the following shall be punishable with fine which shall not be less than ten thousand rupees but may extend to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but may extend to one year or with both for the first offence and with imprisonment which may extend to two years for the second andsubsequent offences: sat unequal rates (o men and women workers, for the same work or work of a similar nature. *Makes any discrimination between men and women workers in contravention of the provisions of this Act. +Fails to follow any direction made by the appropriate government. 11) If any person is required to produce any register or any other document to an inspector omits or refuses to produce or to give any information, then he shall be punishable with a maximum fine of five hundred rupees. A Equal Remuneration Act, 1976 After the commencement of this act, if any employer does the following shall be punishable with fine which shall not be less than ten thousand rupees but may extend to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but may extend to one year or with both for the first », Sotfence and with imprisenmgyt which may extend to two years for the second and 2°\ subsequent offence: ais 1-3 fers cee! gene Pays at unequal ite ‘to men and women Workers, for the same work or work of a Similar nature. o eee any discrimination between men and women workers in contravention of provisions of this Act Fails to follow any direction made by the appropriate government. 1) If any person is required to produce any regi other document to an Anispector omits or refuses te rode be ar ew ep locating he shall be punishable with a maximum fine of five hundred rupees. , 5, i A Equal Remuneration Act, 1976 addaew1 8) Inspectors shall be appointed by the appropriate government to investigate ) ions of this act are being followed by the employers or not. Every | inspector shall within the local limits of his jurisd \_A Shall enter any building. factory, premises or vessel with assistance. \_ ‘Shall examine documents relating to the muster-roll or other documents relating the employmient of workers. *Shall take evidence of any person to ascertain whether the provisions of this act ar ‘sing compiled or not *Shall examine the employer, his agent or any other person found in charge of the’ ~Gtablishment. Shall make copies of any register or document related to the establishment under \ “this act whether the provi ction:eS require any person to produce any register or document or any information. A Trade Union Act, 1926 addaes1 Objective: a. Provide registration of trade unions b. Verification of membership of trade union registered so that they may aqcuire a legal and corporate status. Act has provision for “Registration” of trade union but not for “Recog for trade union https://www.ilo.org/dyn/natlex/docs/WEBTEXT/32075/64876/E26INDOI.htm_ INDIA ‘Trade Unions Act, 1926, 2s emended ‘An Act to provide fr the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions Whereas it ls expedient to provide forthe registration of Trade Unions and in certain respects to define the law relating to regstered Trade Unions tis hereby enacted as flows (CHAPTER 1 - PRELIMINARY 4. Short title, extent and commencement. caer‘An Act to prove forthe registration of Trade Unions and in certain respects to define the law relabng to repstered Trade Unions ‘Whereas iis expedient to provide forthe registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions; 11s hereby enacted 8s follows: (CHAPTER 1 - PRELIMINARY 2. Shot title, extent and commencement. (1) Ths Act may be calle the Trade Unions Act, 1926 2) extends to the whole of Inia, (3) Ie sail come into force on such date asthe Central Government may, by netifcation inthe Official Gazete, appoint 2. Definitions. In ths Act the aparopnate Government’ means, in relation to Trade Unjons whose objects are not confined to one State, tne Central Government, and in relation to other Trade Unions, the State Government, and, uniess there is anything repugnant inthe subject or contest, (2) “executive” meens the body, by whatever name called, to which the menagement ofthe affirs ofa Trade Union is entrusted (0) “office bearer ‘Union, includes any member of the executive thereat, but does not include an auser, [An Act to prowde forthe registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions Whereas iis expecient to provide fr the registration of Trade Unions and in certain respacts to define the Iw relating to registered Trade Unions; It is hereby enacted as follows: (CHAPTER I - PRELIMINARY ‘Short title, extent and commencement. (2) TWis ct may be called the Trade Unions Act, 1926. (2) Be extends to the whole of India, (3) It shall come into force on such date asthe Central Government may, by naication inthe Official Gazette, appoint 2. Definitions. In ths Act the appropriate Government meant, in relation to Trade Unione whose ebjects are not confined to one State, the Central ‘Government, and in relation to other Trade Unions, the State Government, and, uniess there is anythei repugnant inthe subject or context, - + (9) Texecutive™ means the body, by whatever name called, to which the management ofthe affors of @Trede Union is entrusted; * (0) ‘offiee-bearer, n the case of a Trade Union, includes any member ofthe executive thereof, but does nat include an auditor, * (c) "prescribed" means prescribed by regulations made under this Ac; * (@) “registered offce” means thet office ofa Trade Union which i registered under this Act asthe head office thereof; * (e) registered Trade Union” means a Trade Union regitered under this Act; + (0) “Registra” means (separa of Trade Unions apse by the apropate Goverment under sation 3, andnclies any Addons or Duty Regia of “Trade Unions; {itm rent to ony Tada Union, the Registra appsitd forthe State in which tha head or repistered ofc, as the case may be, of the Trade ion is situated = + (g) “rade dipute’ means any dispute between employers and workmen or between workmen and workmen, or between employers and employers tabich rs connected withthe employment or non employment, 0° the tare of employment or the conditions of labour of any person, and workmen” 1. Short tite, extent and commencement. (1) This Act may be called the Trade Unions Act, 1926. (2) extends tothe whole of Ini (3) Ie shall come ints force on such date asthe Central Government may, by netifcation inthe Official Gazette, appoint 2. Definitions. In this Act ‘the appropriate Government’ means, ia relation to Trade Unions whose objects are not confined to one State the Central Government, and in relation to other Trade Unions, the State Government, and, uniess there s anything repugnant inthe subject or content, + (a) "executive" means the body, by whatever neme called, to which the management ofthe affairs of 9 Trade Union is entrusted + (0) ‘offie-bearer’,m the case of a Trade Union, includes any member ofthe executive thereot, but does not include an auditor, + (6) "preserved" means prescribed by regulations made under the Ac; sere office” oeans that ofc of Trade Union which regstere under this Act asthe hed office theres;+ Wi sRegetrar” means (()« Registrar of Trade Unions appointed by the appreprate Government under section 3, and includes any Additional or Deputy Registrar of Trade Unions, and «(Uj ration to ny Trade Union, the Registrar appointed forthe Sta in which the fad or reget office, os the case may be, ofthe Trade Union i situated + (g) "wade dispute” meant any dispute between employers and workmen oF between workmen and workmen, or tween employers and emaloyert tnlich fe connected withthe employment or noncemployment, or the terme of employment or the candtions of labour of any person, and workmen’ means all nersona employed i trade or dustry whether or natin the employment ofthe employer with whom the trede dapute arises, and {h) “Trade Union” means any combination, whether temporary or permanent, formed primarily forthe purpose of regulating the relations between tnorkman and employes or between workinen and workmen, or between employers and employers, or for imposing rstnctve conditions onthe Conduct of any trade or business, and inchdes any federation of two or more Trade Unions Provided tat this Act shall not affect = (i) any agreement between partners 35 tothe own business: (i) any agreement between an employer and these employed by ham as to such employment; or Li) any agreement. consideration of te sale of the good. wil of e bustass oF of instruction in any profession, trade or handicraft i © it ~# (2) It extends to the whole of India, (3) Ie shall come into force on such date asthe Central Government may, by netifcation inthe Official Gazette, appoint. 2. Definitions. In this Act ‘the aporopriate Government’ means, in relation to Trade Unions whose objects are not confined to one Stat, the Central Covernment, and in relation to ether Trade Unions, the State Gorarnmant. and, uniess vere «anything repugnant inthe subject ar contest, + (9) ‘easouve manne ine body, by whatevername cae, c ich We mmpaderent IE Altar o€ lwoe Lan we erruseeS, + (2) “een ace the a of «Tada Jain, ‘eludes any-maentr of the assathwa Hea tot aes nacunchude en QuoHo (0) ‘oineenbes pear rama by muon Taster thie a> + (@)"eegerine oer” mands "at ofice ut Trey Arn WHE eure wnee-Te Aes Can rota otboe tect 1 (a) “waistered Turn Une” rgaus Tod Unt vsguteron ene a Be? + (0 "pegisto” meee (V)= bagatar 9 Tans tacos mucoid 9y = worruniecs Geverereent ast sex 3, a8 rome any Sdncnal a: Uesuty Regenray ut {i} folate, te ery Yate Un, te egw eRccIeN Hore Stal wie te eed o| eaRETND Mice, 9 Uhecase my te Meee than sare + (a) "sade diszofe” mane any duce ener amplayers and worker oF Metwnes Wn-hoan ad Wren, Retin emiaiyars ond area ‘Mlich oe conrated Su! the emoarmem O-noh-eeknmeet, .* M tere AY smesinewene an the recbOnd OFS" of ah carer, wid) hod Tesrs-a oarcacrmmolanad or 3d ur mdusy wer Hol Che empICyent ot Tempore yt wham Trade ete aT, an + (0) “Tree Gera” miseas any rampWeton, wether tempoiary ot paraaient armed orkewih foc Ue jargusw af raze Oe version Pemswen Wwowinen ond’eamloyes or Belween warlorno mW! malymen, of Dahwern ciotcyE"= md oloftesers. vi for mounay reofactae ceOn.tnNas eH Ono ImwinrUshmy Uadenrbyel em aca nckdseany, miwabon 2 St enmpee Tata Unda Frnculad tat ts Aer arall ee ate? : {1} asyreqrmmmer! bot "bet Berevonene ma oe aioe: [ii oF sassinan Batra an since: an fee elmo OF Moy 9 SUeh env cw (Wp env-ageeemoor m cotedecatin: of Ue sale of bie DOU vl el UUsNaaD wn of Wetton ary yo Ramen, aM ore (CHAPTER IT - REGISTRATION OF TRADE UNIONS tis e200 2. Definitions. In this Act ‘the appropriate Government’ means, in relation to Trade Unions whose abjects ae not confined to one State, the Cental Government, and in relation to other Trade Unions, the State Government, and, unless there anything repugnent inthe subject or contest, (a) "executive" means the body, by whatever name called, to which the management ofthe affairs ofa Trade Unon is entrusted; inthe cae of Trade Union, includes any member of the executive thereof, but dows ot include an auditr (c) “presenbed” means prescribed by regulations made unde ths Act: (4) “regetared offen” mane that office of = Trace Union which i registnred under this Actas the head office there; () Sregetered Trade Umar” maar a Trade Union regntered under tie At (6 "Reghatrar” means (i) 2 Registrar of Trade Unione appointed by the appropriate Government under section 3, and includes any Additional or Deputy Registrar of Trade Unions, 2 (jm relavon to any Tada Union, the Registrar appeinted fr the State hich the heed or register office, ws dhe case may be, of the Trade + (g) “wode depute’ meane any depute between employers and workmen or betweer workmen and workmen, ot between employers and employers lahich te connected withthe employment ar non-employment, o° the term of employment or the canditons of abou. of any person, aad workmen” ‘ears all persons employed i tae or industry whether or not Inthe employment ofthe employe’ with whom the trede dapute arises, and + (hy “rede User” meens any combination, whether temporary ot permanent, formed primarily fr the purpose of regulating the relations between \roskrnen ana employers or between workimen and workmen between employers and employers. o” fr wmposing restrictive condtons onthe Conduct of any trade or busness, and includes eny federation of twe or more Wade Uno: Provided tht ts Act shall not aie (\) any agmeament between partners as tothe own business; (1) anv agreement between an employer 0nd thote employed by fm as to such employment; oF * (id) any agreement in consideration of te sale of the geod-wil of a business or of Instiucuon In eny profession, trade or handcraft (CHAPTER If - REGISTRATION OF TRADE UNIONS. 3. Appointment of Registrars.(2) The appropriate Government sha appoint a person tobe the Registrar of Trade Unions foreach State (2) The appropriate Government may appoint as many Additonal and Deputy Registrars of Trade Unions asi thinks fit forthe purpose of. eresing and © onc tric MARIE SST soe (iin relation to any Trade Union, the Registrar appointed forthe State in which the head or registered office, as the cose may be, of the Trade Union stunted + (g) "wade depute’ means any depute between employers and workmen oF between workmen and workmen, or batween employers and employers lalich fe eannected withthe employment or non-emaloymert, or the terme of employment or the candions of abou, of any person, and workmen means of persons employed i rave ae vidusty Watt or nok m te employment afte amplovar wth mhern the vada depute alee, ane «+ (a) "Trade Unon” manna any combineton, wtathes temporary cr permanant forma primary fer the purpoes of regulating the relations between ‘nosbren and emgoyers af beruwen workman acd workined, 1 herwees araplavers and emolove'®. ar for roieeng retrcty conditions nthe Conduct ot any (rade or Ustines, ard Vachides any tederetion of two be more. Trade Uno Froviced nat tm Ace sal ot afte = (i) any agreement betwee partners as to thew own Ovsiness; [in ary agenaront bere employer wd tone employee! by fi 8 & wer emplaymant, > (i) ary ageeemart ip consideration of tye eal af the gaed-wil f @Businacs or af inetuction In'eny erteastcn, trade or han (CHAPTER If - REGISTRATION OF TRADE UNIONS 3. Appointment of Registrars. (1) The appropriate Government shall appoint « person tobe the Reglstrar of Trade Unions foreach State. (2) Tee appropriate Government may appoint ac many Additonal and Deputy Raplstrars of Trade Unions asi thiks ifr the purpose of exercising and ‘scharging, under tne superintendence ard direction ofthe Registrar, such powers and functions of the RegistYor under ths Act a may, by order spect and define the local hits within winch any such Addinane! or Deputy Registrar shall exercise and discharge the powers and functions so spected (3) Subject to the prousions of eny order under sub-saction (2), ere an Aduitional or Deputy Registrar exervees and decnarges the powers and functors of @ Register in an area Win wivch the registered ofice of Trade Union = suated, the Additonal cr Deputy Registrar shal be deemed to be the Raglctrar in ralotion tothe Td Uni for the purpona of tv Ret Mode of registration. (2) Ang seven oF mace members af» Trade Ucion may, by eubsetbing thei names tothe rules ofthe Tae Union ant by otherwise complying wth the (provisions of tv Act with reepect tO napatration, apy fr reputation of ye Trade Urton und ty Act {iy any agreement batween’an employer and those employed by him as to such employment; or (ii) any agreement in consideration of the sale ofthe goed wil f © business or of netuctien in any profeesion, trade or han (CHAPTER If - REGISTRATION OF TRADE UNIONS. 3. Appointment of Registrars. (2) The appropriate Governmect shall appoint « person to be the Registrar of Trade Unions for eveh Stee (2) Tre appropnate Government may appoint 35 many Additional and Deputy Ragjstrars of Trade Unions as thinks fi for the purpose of exercising and acharging, undar the superintendence and direction Of the Regltras, such powers and hnctions ofthe Regstrar under ths Act a may, by order spect) ond date the cel nate within which ny such Aadiana’ or Depue, Regucrar aha exerci ard discharge the gears and. fuceona 30 specs 3) Subject to the prowsions of any order under sub-eectian (2), where an Additonal or Deptty Registrar enercices and dhcharges the powers and fnetens of x Ragietrn nan area itn nth re office ofa rage Umon vtuatea, tne Addons! or Deputy Reyer era! be Jeurred to be the Regitrar wr elton ta the Td Uo” for tae purposes ol te A. 4. Mode of registration. (1) Any sovan oF mere members of Trade Union my, by subentng the names ts rne nul ofthe Te Unies and by cteranse complying dt the frowmucs oF Ung Act wilh respect to repatistign, appt Har rayatranun of the Fade Urn unde: this Ak (2) Where ap anpleatien at bee mace una st-seeton (1) forthe reistrati o! a Travle Unian, kuch apelieation shall net be seme! te have became iahd merely by reagon of the Fat Uist a any la ae he date 3 Oe appkcaton but bstore Ie regiatragod ofthe Tiede Unon, some of the applicants but ot aeceedag hat ofthe total numba of pean who made the opoweabon, have ceased to cere of Che Trade Unan ot have ive romce h-tona ta the Regntrer aacscanig themssives trem Qe #pcaog| ‘5. Appticatiaa for reglstration.- 1) Every epobcanen for regixratnn of @ Tada Union shal be made to ere Reqetrar ond shal be aecoracaared by 2 cepy ofthe rus of We Trade Union ra sacar oft fllomng Deruaders. namely 200 SPeCFY ane oenne te Oca Ts Win WIEN Any BCR MOGIIONEY Or LEDUEY KEGIKAYsnaK exercise An aIsCMArge Ee Powers an runctIONs so speciTe. (2) Subject to the provisions of any order under sub-section (2), where an Additonal or Deputy Regetrar exerices and discharges the powers and functions of « Regetrer ivan area trthin Wich the regctered office of Trade Union a atvated, the AdsAGral or Deputy Regiter shall be deemed to be Ue Regatraran colo tothe Trade: Ucn tar Ure prone of thi Ae.esa nen tha Ted non ad tern calving wt ef sn tonsa (4) Any seven oF mare members of « Trade Union may, by subscribing the provisions of thi Act with respect to registration, apo for registranon of th oppinton fr cegitration of Tad nai be mage to the Regtrar, and shal bv accomparied bya copy of the rules ofthe Trade Union ares, occupations and addresses ofthe members malong the application: re of tha Trae Union and the address ct head office: re nes, Sg, dadresees and occupations of tne ofce-beerers ofthe Wade Union, tion, there shall ba delivered to In such fom and containing such Unc. best in exten for one ther) ane year batore the m et wth te pation, 9 omar! materent ete sits 3d 6. Provislons te be conta inthe rules of Trade Union. A Trae Union shal not be nttes to regtoation ver the Act, uness the exeative toted mn accadarice wth the proisins of this Act, and the ru threat provde or ta flowing mattars, namely + (9) the name of the Trade Unio . Industrial Dispute Act, 1947 . Contract Labour (Regulation & Abolition )Act, 1970 }. Trade union act, 1926 }. Equal Renumeration act, 1976 . Industrial Employment (Standing Order) Act, 1946 . Factories act, 1948 Employee’s Compensation Act, 1923 |. Payment of Wages Act, 1936 Minimum Wages Act, 1948 ). Payment of Bonus Act, 1965 . Payment of Gratuity Act, 1972 . Employee’s provident Fund Act, 1952 3. Trade Union Act, 1926 . Mines Act, 1952 . Child and Adolscent labour act, 1986 Sec5:Certification of standing order: once received from employer, Certifying Officer shall forward a copy thereof to the trade union, to seek objections if any. trade union/workman may submit objection/suggestion within 15 days. After giving the employer and the trade union an opportunity of being heard, the certifying officer shall certify the draft standing orders and shall within 7 days , send copies of the empllyer and to the trade union.A Industrial Employment (Standing Order)Act, 1946 Sec 13A:Interpretation of standing order: If any question arises to the application or interpretation of a standing order certified under this act, any employer or workman or trade union may refer to the labour courts under the Industrial Dispute act, 1947, Sec14: Power of exempt.--The appropriate Government may by notification in the Official Gazette exempt, conditionally or unconditionally any industrial establishment or class of industrial establishments from all or any of the provisions of this Act. See15. Power to make rules.—(1) The appropriate Government may after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act. A eae a ee etd addaas The factories act, 1948 is a social legislation which has been enacted for occupational safety, health and welfare of workers at workplace. Factory means any premises including the precincts thereof: 1. Where 10 or more workman are working or were working on any day of the preceding 12 months, and manufacturing process is being carried on “with” the aid of power. Where 20 r more workman are working or were working on any day of the preceding 12 months and manufacturing process is being carried “without” the aid pf power. But does not include a mine, or a mobile unit belonging to the armed forces, railway running shed or a botel:restaurant or eating place Occupier of a factory means person, who has ultimate control over the affairs of factory,