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Disputes- The Industrial Disputes Act, 1947
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Objective Objective of the Industrial Disputes Act is to secure industrial
peace and harmony by providing machinery and procedure for theinvestigation and settlement of industrial disputes by negotiations.
The Act also lays down :
The provision for payment of compensation to the workman onaccount of closure or lay off or retrenchment.
The procedure for prior permission of appropriate Government for
laying off or retrenching the workers or closing down industrial
establishments.
Unfair labour practices on part of an employer or a trade union or
workers.
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Applicability
The Industrial Disputes Act extends to whole of India and applies to
every industrial establishment carrying onany business, trade, manufacture or distribution of goods and
services irrespective of the number of workmen employed
therein.
Every person employed in an establishment for hire or rewardincluding contract labour, apprentices and part time employees to
do any manual, clerical, skilled, unskilled, technical, operational or
supervisory work, is covered by the Act.
This Act though does not apply to persons mainly in managerial or
administrative capacity, persons engaged in a supervisory capacity
and drawing > 10,000 p.m or executing managerial functions and
persons subject to Army Act, Air Force and Navy Act or those in
police service or officer or employee of a prison.
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Definitions
Industrial dispute" means any dispute or difference
between employers and employers or between employers
and workmen, or between workmen and workmen, which is
connected with the employment or non-employment or the
terms of employment or with the conditions of labour, ofany person.
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Industry
"industry" means any systematic activity carried on by co-
operation between an employer and his workmen (whether suchworkmen are employed by such employer directly or by or through
any agency, including a contractor) for the production, supply or
distribution of goods or services with a view to satisfy human
wants or wishes (not being wants or wishes which are merely
spiritual or religious in nature), whether or not, :
any capital has been invested for the purpose
such activity is carried on with a motive to make any gain or profit,
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Industrial Establishment
"industrial establishment or undertaking" means an establishment
or undertaking in which any industry is carried on:if any unit of such establishment or undertaking carrying on any
activity, being an industry, is severable from the other unit or units
of such establishment or undertaking, such unit shall be deemed to
be a separate industrial establishment or undertaking;
if the predominant activity or each of the predominant activities
carried on in such establishment or undertaking or any unit thereof
is an industry and the other activity or each of the other activities
carried on in such establishment or undertaking or unit thereof is
not severable from and is, for the purpose of carrying on, or aidingthe carrying on of, such predominant activity or activities, the
entire establishment or undertaking or, as the case may be, unit
thereof shall be deemed to be an industrial establishment or
undertaking;
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o and includes :
any activity of the Dock Labour Board established under section 5A
of the Dock Workers (Regulation of Employment) Act, 1948any activity relating to the promotion of sales or business or both
carried on by an establishment.
o but does not include :
any agricultural operation except where such agricultural operation
is carried on in an integrated manner with any other activity
hospitals or dispensaries;
educational, scientific, research or training institutions;
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institutions owned or managed by organizations wholly or
substantially engaged in any charitable, social or philanthropic
service; or
khadi or village industries; or
any activity of the Government relatable to the sovereign functions
of the Government
any domestic service; or
any activity, being a profession practiced by an individual or bodyor individuals, (employees less than 10)
any activity, being an activity carried on by a co-operative society
or a club or any other like body of individuals, (employees less than
10)
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Lay off
"lay-off" (with its grammatical variations and cognate expressions)
means the failure, refusal or inability of an employer on account ofshortage of coal, power or raw materials or the accumulation of
stocks or the breakdown of machinery [or natural calamity or for
any other connected reason] to give employment to a workman
whose name is borne on the muster rolls of his industrial
establishment and who has not been retrenched.
Employment should be given within 2 hours of presentation of
oneself to the workplace
Full basic wages + Dearness Allowance is to be paid
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Lock-out
"lock-out" means the [temporary closing of a place of
employment] or the suspension of work, or the refusal by an
employer to continue to employ any number of persons employed
by him;
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Retrenchment "retrenchment means the termination by the employer of the
service of a workman for any reason whatsoever, otherwise than
as a punishment inflicted by way of disciplinary action, but doesnot include :
voluntary retirement of the workman; or
retirement of the workman on reaching the age of superannuation
termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and
the workman concerned on its expiry or of such contract
termination of the service of a workman on the ground of
continued ill-health.
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Settlement
"settlement" means a settlement arrived at in the course of
conciliation proceeding and includes a written agreementbetween the employer and workmen arrived at otherwise than in
the course of conciliation proceeding where such agreement has
been signed by the parties thereto in such manner as may be
prescribed and a copy thereof has been sent to [an officer
authorized in this behalf by] the appropriate Government and the
conciliation officer;]
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Strike
"strike" means a cessation of work by a body of persons employed
in any industry acting in combination or a concerted refusal, or a
refusal under a common understanding, of any number of persons
who are or have been so employed to continue to work or to
accept employment;
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Workman "workman" means any person (including an apprentice) employed
in any industry to do any manual, unskilled, skilled, technical,
operational, clerical or supervisory work for hire or reward,whether the terms of employment be express or implied, and for
the purposes of any proceeding under this Act in relation to an
industrial dispute, includes any such person who has been
dismissed, discharged or retrenched in connection with, or as a
consequence of, that dispute, or whose dismissal, discharge orretrenchment has led to that dispute, but does not include any such
person :
who is subject to the Air Force Act, Army Act, or the Navy Act.
who is employed in the police service who is employed mainly in a managerial or administrative capacity
who, being employed in a supervisory capacity
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Public Utility Services "public utility service" means :
any railway service [or any transport service for the carriage of
passengers or goods by air];
any service in, or in connection with the working of, any major
port or dock;
any section of an industrial establishment, on the working of
which the safety of the establishment or the workmen employedtherein depends;
any postal, telegraph or telephone service;
any industry which supplies power, light or
water to the public
any system of public conservancy or sanitation;
any industry specified in the [First Schedule] which the
appropriate Government may, if satisfied that public emergency or
public interest so requires, by notification in the Official Gazette,
declare to be a public utility service
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CHAPTER II
AUTHORITIES UNDER THE ACT
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3. Works Committee
In the case of any industrial establishment in which100 or more workmen are employed or have beenemployed on any day in the preceding 12 months
The appropriate government may by general orspecial order require the employer to constitute inthe prescribed manner a Works Committee
Consisting of representatives of employers andworkmen engaged in the establishment
Such that the number of representatives of workmen
shall not be less than the number of representativesof employers
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Works Committee contd..
The representatives of workmen shall be chosen inthe prescribed manner from among the workmen
engaged in the establishment and in consultation
with the trade union, if any, registered under Indian
Trade Unions Act, 1926 It shall be the duty of the Works Committee to
promote measures for securing and preserving
amity and good relations between the employer and
workmen.
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4. Conciliation Officers
The appropriate Government may, by notification inthe Official Gazette, appoint such number ofpersons as it think fit, to be conciliation officers,
charged with the duty of mediating in and promoting
the settlement of industrial disputes.A conciliation officer may be appointed for :
a specified area or
specified industries in a specified area or
one or more specified industries and
either permanently or for a limited period.
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5. Boards of Conciliation
The appropriate Government may as occasion arises bynotification in the Official Gazette constitute a Board of
Conciliation for promoting the settlement of an industrial
dispute.
A Board shall consist of a chairman and 2 or 4 othermembers
The chairman shall be an independent person
the other members shall be persons appointed in equal
numbers to represent the parties to the dispute and any person appointed to represent a party shall be
appointed on the recommendation of that party.
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6. Courts of Enquiry
The appropriate Government may as occasion arises bynotification in the Official Gazette constitute a Court of
Inquiry.
A Court may consist of one independent person or of
such number of independent persons as the appropriateGovernment may think fit.
Where a Court consists of two or more members, one of
them shall be appointed as the chairman.
A Court, having the prescribed quorum, may actnotwithstanding the absence of the chairman or any of
its members or any vacancy in its number.
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7. Labour Courts
The appropriate Government may, by notification in theOfficial Gazette, constitute one or more Labour Courts for the
adjudication of industrial disputes relating to any matter
specified in the Second Schedule and for performing such
other functions as may be assigned to them, under this Act.
Shall consist of one person only to be appointed by the
appropriate Government.
A person shall not be qualified for appointment as the
presiding officer of a Labour Court, unless:
He is, or has been, a Judge of a High Court; orHe has, for a period of not less than three years, been a
District judge or an Additional District Judge; or
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Labour Courts contd
He has held any judicial office in India for not
less than seven years; or
He has been the presiding officer of a Labour
Court constituted under any provincial Act orState Act for not less than five years.
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7A. Tribunal The appropriate Government may, by notification in
the Official Gazette, constitute one or more
Industrial Tribunals for the adjudication of industrial
disputes relating to any matter, whether specified in
the Second Schedule or the Third Schedule and
for performing such other functions as may be
assigned to them under this Act
A Tribunal shall consist of one person only to be
appointed by the appropriate Government. The appropriate Government may, if it so thinks fit,
appoint two persons as assessors to advise the
Tribunal in the proceeding before it.
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7B. National Tribunal The Central Government may, by notification in the
Official Gazette, constitute one or more NationalIndustrial Tribunals for the adjudication of industrial
disputes which, in the opinion of the Central
Government, involve questions of national
importance or are of such a nature that industrial establishments
situated in more than one State are likely to be
interested in, or affected by, such disputes.
A National Tribunal shall consist of one person only
to be appointed by the Central Government.
A person shall not be qualified for appointment as
the presiding officer of a National Tribunal unless heis, or has been, a Jud e of a Hi h Court.
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7C. Disqualifications for the presiding officers
of Labour Courts, Tribunals and
National Tribunals
No person shall be appointed to, or continue in, the
office of the presiding officer of a Labour Court,
Tribunal or National Tribunal, if:
He is not an independent person; or
He has attained the age of sixty-five years.
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CHAPTER IIA
NOTICE OF CHANGE
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9A. Notice of change
No employer, who proposes to effect any
change in the conditions of service applicable to
any workman in respect of any matter specified
in the Fourth Schedule, shall effect such
change:
Without giving to the workmen likely to be
affected by such change, a notice in the
prescribed manner of the nature of the changeproposed to be effected; or
Within twenty-one days of giving such notice
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THE SECOND SCHEDULE
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Matters within the jurisdiction of
Labour Courts The propriety or legality of an order passed by an
employer under the standing orders;
The application and interpretation of standing order;
Discharge or dismissal of workmen includingreinstatement of, or grant of relief to, workmen
wrongfully dismissed;
Withdrawal of any customary concession or
privilege; Illegality or otherwise of a strike or lock-out; and
All matters other than those specified in the Third
Schedule.
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THE THIRD SCHEDULE
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Matters within the jurisdiction of
Industrial Tribunals
Wages, including the period and mode of payment;
Compensatory and other allowances;
Hours of work and rest intervals;
Leave with wages and holidays; Bonus, profit sharing, provident fund and gratuity;
Shift working otherwise than in accordance with
standing orders;
Classification by grades;
Rules of discipline;
Rationalisation;
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Retrenchment of workmen and closure ofestablishment; and
Any other matter that may be prescribed.
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THE FOURTH SCHEDULE
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Conditions of Service for Change of
which Notice is to be given
Wages, including the period and mode of payment;
Contribution paid, or payable, by the employer to
any provident fund or pension fund or for the benefit
of the workmen under any law for the time being inforce;
Compensatory and other allowances;
Hours of work and rest intervals;
Leave with wages and holidays;
Starting alteration or discontinuance of shift
working otherwise than in accordance with
standing orders;
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Classification by grades;
Withdrawal of any customary concession or privilege or
change in usage;
Introduction of new rules of discipline, or alteration of
existing rules, except in so far as they are provided in
standing orders; Rationalisation, standardisation or improvement of plant
or technique which is likely to lead to retrenchment of
workmen;
Any increases or reduction (other than casual) in thenumber of persons employed or to be employed in any
occupation or process or department or shift
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CHAPTER IIIREFERENCE OF DISPUTES TO BOARDS,
COURTS OR TRIBUNALS
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Contents
10. Reference of dispute to Boards, Courts or Tribunals.
10A. Voluntary reference of disputes to arbitration
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Reference of dispute to Boards,
Courts or Tribunals
1) The appropriate Government is of opinion that
any industrial dispute exists, it may at any time], by
order in writing-
Refer the dispute to a Board for promoting asettlement thereof; or
Refer any matter appearing to be connected with or
relevant to the dispute to a Court for inquiry; or
Refer the dispute or any matter appearing to beconnected with, or relevant to, the dispute, if it
relates to any matter specified in the Second
Schedule, to a Labour Court for adjudication; or
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Refer the dispute whether it relates to any matter
specified in the Second Schedule or the Third Schedule,
to a Tribunal for adjudication
2) Where the parties to an industrial dispute apply in the
prescribed manner, whether jointly or separately, for a
reference of the dispute to a Board, Court, [Labour Court,Tribunal or National Tribunal], the appropriate
Government, if satisfied that the persons applying
represent the majority of each party, shall make the
reference accordingly.
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3) Where an industrial dispute has been referred to a
Board,[Labour Court, Tribunal or National Tribunal] under
this section, the appropriate Government may by order
prohibit the continuance of any strike or lock-out in
connection with such dispute which may be in existence
on the date of the reference.
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4) No proceedings pending before a Labour Court, Tribunal or National
Tribunal in relation to an industrial dispute shall lapse merely by reason
of the death of any of the parties to the dispute being a workman, and
such Labour Court, Tribunal or National Tribunal shall complete suchproceedings and submit its award to the appropriate Government.
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Voluntary reference of disputes
to arbitration
1) Where any industrial dispute exists and theemployer and the workmen agree to refer thedispute to arbitration, they may, at any timebefore the dispute has been referred to aLabour Court or Tribunal or National Tribunal,by a written agreement, refer the dispute toarbitration and the reference shall be to such
person or persons (including the presidingofficer of a Labour Court or Tribunal or NationalTribunal) as an arbitrator or arbitrators as maybe specified in the arbitration agreement.
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2) An arbitration agreement referred to ,shall be in such
form and shall be signed by the parties thereto in such
manner as may be prescribed.3) copy of the arbitration agreement shall be forwarded to
the appropriate Government and the conciliation officer
and the appropriate Government shall, within [one
month] from the date of the receipt of such copy, publish
the same in the Official Gazette
4) The arbitrator or arbitrators shall investigate the
dispute and submit to the appropriate Government the
arbitration award signed by the arbitrator or all the
arbitrators, as the case may be.
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CHAPTER IVPROCEDURE, POWERS AND DUTIES OF
AUTHORITIES
C t t
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Contents11. Procedure and power of conciliation officer, Boards, Courts and Tribunals.
11A. Powers of labour Court, Tribunals and National Tribunals to give
appropriate relief in case of discharge or dismissal of workmen.
12. Duties of conciliation officers.
13. Duties of Board.
14. Duties of Courts.
15. Duties of Labour Courts, Tribunals and National Tribunals.
16. Form of report or award.
17. Publication of reports and awards.
17A. Commencement of the award.
17B. Payment of full wages to workmen pending proceedings in higher courts.
18. Persons on whom settlements and awards are binding.
19. Period of operation of settlements and awards.
20. Commencement and conclusion of proceedings.
21. Certain maters to be kept confidential.
11 P d d f l ff
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11. Procedure and power of conciliation officers,
Boards, Courts and Tribunals.
(1) Subject to any rules that may be made in this behalf,an arbitrator, a Board, Court, Labour Court, Tribunal or
National Tribunal shall follow such procedure as the
arbitrator or other authority concerned may think fit.
(2) A conciliation officer or a member of a Board, [ or
Court or the presiding officer of a Labour Court, Tribunal
or National Tribunal] may for the purpose of inquiry into
any existing industrial dispute, after giving reasonable
notice, enter the premises occupied by any establishment
to which the dispute relates.
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4) A conciliation officer [may enforce the attendance of
any person for the purpose of examination of such
person or call for] and inspect any document which he
has ground for considering to be relevant to the industrial
dispute.
5) A Court, Labour Court, Tribunal or National Tribunal
may, if it so thinks fit, appoint one or more persons
having special knowledge of the matter under
consideration as an assessor or assessors to advise it in
the proceeding before it.
11A Powers of Labour Court Tribunals and
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11A. Powers of Labour Court, Tribunals and
National Tribunals to give appropriate relief in
case of discharge or dismissal of workmen.
Where an industrial dispute relating to the discharge or dismissal
of a workman has been referred to a Labour Court, Tribunal or
National Tribunal for adjudication and, in the course of the
adjudication proceedings, the Labour Court, Tribunal or National
Tribunal, as the case may be, is satisfied that the order of
discharge or dismissal was not justified, it may, by its award, set
aside the order of discharge or dismissal and direct re-
instatement of the workman on such terms and conditions, if any,
as it thinks fit, or give such other relief to the workman including
the award of any lesser punishment in lieu of discharge ordismissal as the circumstances of the case may require
12 D ti f ili ti
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12. Duties of conciliation
officers To record the settlement in Form H
under Rule 58(1).
To maintain a register of allsettlements under Rule 75.
To send a copy of settlement to the
appropriate Government.
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13. Duties of Board1) Where a dispute has been referred to a Board under
this Act, it shall be the duty of the Board to endeavor to
bring about a settlement of the same and for this
purpose the Board shall, in such manner as it thinks fit
and without delay, investigate the dispute and allmatters affecting the merit and the right settlement
thereof and may do all such things as it thinks fit for the
purpose of inducing the parties to come to a fair and
amicable settlement of the dispute.
) f l f h d f f h d
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2) If a settlement of the dispute or of any of the matters in dispute is
arrived at in the course of the conciliation proceedings, the Board shall
send a report thereof to the appropriate Government together with a
memorandum of the settlement signed by the parties to the dispute.
3) If no such settlement is arrived at, the Board shall, as soon as
practicable after the close of the investigation, send to the appropriate
Government a full report setting for the proceedings and steps taken by
the Board for ascertaining the facts and circumstances relating to thedispute and for bringing about a settlement thereof, together with a full
statement of such facts and circumstances, its findings thereon, the
reasons on account of which, in its opinion, a settlement could not be
arrived at and its recommendations for the determination of the dispute.
( ) h d h ll b i i d hi i i hi
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(5) The Board shall submit its report under this section within two
months of the date [on which the dispute was referred to it] or within
such shorter period as may be fixed by the appropriate Government.
14 D i f C A C h ll i i i h f d i
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14. Duties of Courts. - A Court shall inquire into the matters referred to it
and report thereon to the appropriate Government ordinarily within a
period of six months from the commencement of its inquiry.
15. Duties of Labour Courts, Tribunals and National Tribunals. - Where anindustrial dispute has been referred to a Labour Court, Tribunal or
National Tribunal for adjudication, it shall hold its proceedings
expeditiously and shall, [ within the period specified in the order referring
such industrial dispute or the further period extended under the second
provision to sub-section (2A) of section 10], submit its award to theappropriate Government.
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16. Form of report or award.
(l) The report of a Board or Court shall be in writing and shall be signed by
all the members of the Board or Court, as the case may be
(2) The award of a Labour Court or Tribunal or National Tribunal shall be inwriting and shall be signed by its presiding officer.
17. Publication of reports and awards.
1) Every report of a Board or Court together with any minute of dissent
recorded therewith, every arbitration award and every award of a LabourCourt, Tribunal or National Tribunal shall, within a period of thirty days
from the date of its receipt by the appropriate Government, be published
in such manner as the appropriate Government thinks fit.
(2) Subject to the provisions of section 17A, the award published under
subsection (1) shall be final and shall not be called in question by anyCourt in any manner whatsoever.
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18. Persons on whom settlements and awards are binding
(1) A settlement arrived at by agreement between the employer and
workman otherwise than in the course of conciliation proceeding shall be
binding on the parties to the agreement.(2) [Subject to the provisions of sub-section (3), an arbitration award]
which has become enforceable shall be binding on the parties to the
agreement who referred the dispute to arbitration.]
19 P i d f i f l d d
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19. Period of operation of settlements and awards.
(1) A settlement shall come into operation on such date as is agreed upon
by the parties to the dispute, and if no date is agreed upon, on the date on
which the memorandum of the settlement is signed by the parties to thedispute.
(2) Such settlement shall be binding for such period as is agreed upon by
the parties, and if no such period is agreed upon, for a period of six
months [from the date on which the memorandum of settlement is signed
by the parties to the dispute], and shall continue to be binding on the
parties after the expiry of the period aforesaid, until the expiry of two
months from the date on which a notice in writing of an intention to
terminate the settlement is given by one of the parties to the other party
or parties to the settlement.
20 C t d l i f di
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20. Commencement and conclusion of proceedings.
(1) A conciliation proceeding shall be deemed to have commenced
on the date on which a notice of strike or lock-out under section 22is received by the conciliation officer or on the date of the orderreferring the dispute to a Board, as the case may be.
(2) A conciliation proceeding shall be deemed to have concluded. -
(a) Where a settlement is arrived at, when a memorandum of the
settlement is signed by the parties to the dispute;(b) Where no settlement is arrived at, when the report of the
conciliation officer is received by the appropriate Government or
when the report of the Board is published under section 17, as the
case may be; or(c) When a reference is made to a Court, 1[Labour Court, Tribunal or
National Tribunal] under section 10 during the pendency ofconciliation proceedings.
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21. Certain matters to be kept confidential.
There shall not be included in any report or award under this Act,any information obtained by a conciliation officer, Board, Court, inthe course of any investigation or inquiry as to a trade union or asto any individual business which is not available otherwise thanthrough the evidence given before such officer, Board,Court,[Labour Court, Tribunal, National Tribunal or arbitrator], ifthe trade union, person, firm or company, in question has made arequest in writing to the conciliation officer, Board, Court [LabourCourt, Tribunal, National Tribunal or arbitrator], as the case maybe, that such information shall be treated as confidential; nor shallsuch conciliation officer or any individual member of the Board , [
or Court or the presiding officer of the Labour Court, Tribunal orNational Tribunal or the arbitrator] or any person present at orconcerned in the proceedings disclose any such informationwithout the consent in writing of the secretary of the trade unionor the person, firm or company in question, as the case may be.
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CHAPTER V
STRIKES AND LOCK-OUTS
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STRIKE
Strike" means a cessation of work by a body of persons
employed in any industry acting in combination or a concerted
refusal, or a refusal under a common understanding, of any
number of persons who are or have been so employed to
continue to work or to accept employment;
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LOCK-OUT
Lock-out" means the [temporary closing of a place of
employment] or the suspension of work, or the refusal by an
employer to continue to employ any number of persons
employed by him;
Ingredients of Strikes &
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Ingredients of Strikes &
LockoutsStrike [2(q)] by workmen
Refusal to work or accept employment
BY A BODY OF PERSONS IN 'INDUSTRY' [2(j)]
If under a common understanding or acting inconcert.
LOCKOUT [2(l)] BY EMPLOYER
Temporary closing of place of employment, or
Refusal to continue to employ persons
employed by an employer
P hibi i f ik
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Prohibition of strikes
No person employed in a public utility service shallgo on strike, in breach of contract:
Without giving to the employer notice of strike, asherein after provided, within six weeks before
striking; or Within fourteen days of giving such notice; or
Before the expiry of the date of strike specified inany such notice as aforesaid; or
During the pendency of any conciliation proceedingsbefore a conciliation officer and seven days after theconclusion of such proceedings.
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Prohibition of Lockouts
No employer carrying on any public utility serviceshall lock-out any of his workman:
Without giving them notice of lock-out as
hereinafter provided, within six weeks beforelocking-out ; or
Within fourteen days of giving such notice; or
Before the expiry of the date of lock-out specified in
any such notice as aforesaid ; or During the pendency of any conciliation proceedings
before a conciliation officer and seven days after theconclusion of such proceedings.
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STRIKES AND LOCK-OUTS
The notice of lock-out or strike under this section shall not benecessary where there is already in existence a strike or, as the
case may be, lock-out in the public utility service, but the
employer shall send intimation of such lockout or strike on the
day on which it is declared, to such authority as may be
specified by the appropriate Government either generally orfor a particular area or for a particular class of public utility
services.
If on any day an employer receives from any person employed
by him any such notices as are referred to in sub-section (1) or
gives to any persons employed by him any such notices as are
referred to in sub-section (2), he shall within five days, thereof
report to the appropriate Government or to such authority as
that Government may prescribe the number of such notices
received or given on that day.
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When would strikes or lockouts be illegal
In 'public utility service' [22(1)& (2), 23, 30, 19] when
strike/lockout is commenced :
Without giving at least 14 days notice.
Prior to date indicated in the notice. During pendency of proceedings before conciliation
officer/board and seven days thereafter
During pendency of proceedings before Labour
court/Tribunal/Arbitrators and two months thereafter
During the period when a settlement or award is in
operation on matters covered
When would strikes or lockouts be
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When would strikes or lockouts be
illegalIn non-public utility service [23, 20, 19] when
Strike/lockout is commenced :
In breach of contract
During pendency of conciliation before a board andseven days thereafter
During pendency of conciliation before Labour
court/Tribunal/Arbitrator and two months
thereafter During the period on matters covered when a
settlement or award is in operation.
C f ill l ik / l k
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Consequences of illegal strikes/ lockouts
On workmen
- All workmen no wages- Instigators could be punished/imprisoned under
sections 26, 27, 28.
On employer
- Will have to pay wages and can be punished/imprisonedUnder sections 26, 27, 28.
On any person
- Any person extending financial assistance to further anIllegal strike or lockout would be violating section 25.
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Manner of giving Strike/Lockout Notice
Strike [22(4)]
Notice shall be given in form-L.
As prescribed under rule 71 of central rule
Or corresponding state rule
Lockout [22(5)]
Notice shall be given in form-M
As prescribed under rule 72 of central rule or
corresponding state rule.
ii) WHAT IS LAY OFF' ?
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) S O
AS PER SECTION 2(kkk) LAY OFF IS THE INABILITY / FAILURE / REFUSAL
OF THE EMPLOYER TO GIVE EMPLOYMENT TO WORKMEN ON HIS MUSTERROLLS (EXCLUDES BADLIS AND CASUALS) ON ACCOUNT OF :
- SHORTAGE OF COAL / POWER / RAW MATERIALS
- ACCUMULATION OF STOCKS
- BREAKDOWN OF MACHINERY- NATURAL CALAMITY (LIKE FLOODS / EARTHQUAKE /
FIRE / LIGHTNING, ETC) OR
- ANY OTHER CONNECTED REASON
PROVISIONS IN LAYOFF
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PROVISIONS IN LAYOFF
i) WHAT SECTIONS AND CHAPTERS OF ID ACT REGULATE LAY OFF ?
SECTIONS 2(kkk), 25A, 25B, 25C, 25D, 25E OF CHAPTER VA ANDSECTIONS 25K, 25L, 25M, 25Q, AND 25S OF CHAPTER VB.
iii) IS THE LAY OFF PROVISIONS APPLICABLE TO ALL INDUSTRIESFALLING UNDER Sn 2(j) ?
NO - LAY OFF PROVISIONS ARE APPLICABLE ONLY TO A LIMITEDCATEGORY OF INDUSTRIES LIKE FACTORES, MINES AND PLANTATIONS,THAT TOO IF THEY ARE EMPLOYING MORE THAN 50 WORKMEN ON THEAVERAGE [25A(b) & 25 (k)]. IF THE ESTABLISHMENT IS OF SEASONALCHARACTER OR IS OPERATING ONLY INTERMITTENTLY ALSO LAY OFF
PROVISIONS WILL NOT APPLY [SEE SECTIONS 25A(b) & 25(k)].
iv) ARE WORKMEN REQUIRED TO PUT IN A MINIMUMQUALIFYING SERVICE FOR BEING ELIGIBLE FOR LAY OFF
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QUALIFYING SERVICE FOR BEING ELIGIBLE FOR LAY OFFCOMPENSATION ?
AS PER SECTION 25(B) ONLY WORKMEN WHO HAVE PUT IN ONE YEAR'CONTINUOUS SERVICE' (RECKONED FROM THE DATE OF LAY OFF) AREELIGIBLE TO LAY OFF COMPENSATION.
ONE YEAR CONTINUOUS SERVICE MEANS PERMANENT EMPLOYMENT ORWORKING FOR 240 DAYS IN A PERIOD OF 12 MONTHS. 240 DAYS WILL
INCLUDE DAYS OF SICKNESS/EARNED LEAVE AVAILED/ACCIDENTLEAVE/MATERNITY LEAVE/STRIKE WHICH IS NOT ILLEGAL/LOCK OUTDAYS/AND CESSATION OF WORK NOT DUE TO FAULT OF WORKMAN.
) ARE ANY CATEGORY OF WORKMEN EXCLUDED FROM LAY OFF
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v) ARE ANY CATEGORY OF WORKMEN EXCLUDED FROM LAY OFFBENEFITS ?
AS PER SECTION 25(C) AND 25(M) BADLIS AND CASUALS ARE INELIGIBLE
UNLESS THEY HAVE PUT IN 240 DAYS ATTENDANCE IN 12 MONTHS PRIORTO DATE OF LAY OFF.
vi) IS PRIOR GOVERNMENT APPROVAL REQUIRED FOR LAYING OFFWORKMEN ?
ESTABLISHSMENTS EMPLOYING AVERAGE OF 50 WORKMEN OR MOREDURING THE MONTH PRIOR TO LAY OFF AND EMPLOYING LESS THAN 100WORKMEN ON AN AVERAGE ARE REGULATED BY PROVISIONS OFCHAPTER VA AND NEED NOT TAKE ANY PERMISSION.
ESTABLISHMENTS WHICH EMPLOYED AVERAGE OF 100 OR MOREWORKMEN DURING THE 12 MONTHS PRIOR TO LAY OFF ARE REGULATEDBY CHAPTER VB AND MUST OBTAIN PRIOR PERMISSION FROMAPPROPRIATE GOVERNMENT.
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NOTE
FOR ESTABLISHMENTS HAVING MORE THAN 51% CENTRAL GOVERNMENTSHARE CAPITAL THE APPROPRIATE GOVERNMENT FOR LAY OFF WILL BEONLY THE CENTRAL GOVERNMENT AND NOT THE STATE GOVERNMENT[SEE Sn.25(L)(b)].
vii) WHAT HAPPENS IF PERMISSION IS NOT APPLIED FOR OR PERMISSIONIS DENIED BY GOVERNMENT ?
WORKMEN WILL BE ELIGIBLE TO RECEIVE FULL WAGES FOR THE ENTIRELAY OFF PERIOD.
viii) WHAT IS THE NORMAL RATE OF LAY OFF COMPENSATION PAYABLE ?
NORMAL RATE OF COMPENSATION PAYABLE IS 50% OF BASIC + DA [25(C) IFPERMISSION IS REFUSED OR NOT OBTAINED MUST PAY FULL WAGES [25(M)(8)].
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ix) WHAT IS THE PROCEDURE FOR APPLYING FOR PERMISSION ?
ESTABLISHMENTS ATTRACTED BY CHAPTER VB MUST SUBMITAPPLICATION TO APPROPRIATE GOVERNMENT IN FORM-03. MUST ALSONOTIFY REGIONAL LABOUR COMMISSIONER THE COMMENCEMENT ANDCONCLUSION OF LAY OFF IN FORMS 01 AND 02 WITHIN 7 DAYS [SECTIONS25(M) AND R 75A]. GOVERNMENT MAY GRANT / REFUSE PERMISSIONWITHIN 60 DAYS OF SUBMISSION OF APPLICATION. IF NO REPLY FROMGOVERNMENT - AFTER 60 DAYS PERMISSION CAN BE ASSUMED [SECTION25(M)(5)].
x) CAN EMPLOYER DENY LAY OFF PAYMENT IN ANY CIRCUMSTANCES ?
UNDER CERTAIN CONTINGENCIES MENTIONED IN SECTION 25(E)ESTABLISHMENTS ATTRACTED BY CHAPTER VA CAN REFUSE TO PAY LAYOFF COMPENSATION. IF WORKMEN REFUSE TO ACCEPT ALTERNATEEMPLOYMENT UNDER SAME EMPLOYER WITHIN RADIUS OF 5 MILES[25(E)(1)]. IF HE DOES NOT REPORT FOR GIVING ATTENDANCE [25(E)(2)].IF LAY OFF IS DUE TO STRIKE OR GO SLOW BY ANOTHER SECTION OFWORKMEN [25(E)(3)].
C PROVISIONS ON 'RETRENCHMENT'
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C PROVISIONS ON RETRENCHMENT
i) WHAT AMOUNTS TO RETRENCHMENT [DEFINITION SECTION 2(00)] ?
AS PER SECTION 2(00) ALL TYPES OF TERMINATION OF A WORKMAN BYAN EMPLOYER WOULD BE RETRENCHMENT, UNLESS IT IS A TERMINATIONBY WAY OF DISCIPLINARY ACTION OR IT FALLS UNDER ANY ONE OF THEFOLLOWING FOUR EXCEPTIONS :
1) VOLUNTARY RETIREMENT
2) RETIREMENT ON REACHING THE AGE OF SUPERANNUATION (IFTHERE IS A STIPULATION IN THE CONTRACT OF EMPLOYMENT)
3) TERMINATION RESULTING OUT OF NON-RENEWAL
OF A FIXED TERM CONTRACT EMPLOYMENT.
4) TERMINATION ON ACCOUNT OF CONTINUED
ILL-HEALTH.
ii) IS PRIOR PERMISSION REQUIRED FROM THE APPROPRIATEGOVERNMENT FOR RESORTING TO RETRENCHMENT ?
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GOVERNMENT FOR RESORTING TO RETRENCHMENT ?
NO PERMISSION REQUIRED IF ESTABLISHMENT EMPLOYED LESS THAN 100WORKMEN (AVERAGE FOR THE PREVIOUS 12 MONTHS) -Sn.25K. MAKING
OF APPLICATION AND OBTAINING PRIOR PERMISSION FROM APPROPRIATEGOVERNMENT (OR NOTIFIED AUTHORITY) IS REQUIRED INESTABLISHMENTS (LIKE 'FACTORIES', 'MINES' AND 'PLANTATIONS' ONLY)WHICH EMPLOYED MORE THAN 100 WORKMEN (AVERAGE FOR PREVIOUS12 MONTHS) Sn.25N(1)(b), 25L(a), 25L(b), AND 2(a)]. SUCH APPLICATION FORPRIOR PERMISSION SHOULD BE MADE IN ADVANCE AND IF NOT TURNED
DOWN, AFTER 60 DAYS IT CAN BE PRESUMED THAT PERMISSION IS GIVEN -Sn.25N(4).
NOTE
1) WHILE GIVING OF NOTICE AND PAYMENT OF COMPENSATION TO
WORKMEN IS APPLICABLE TO ALL TYPES OF INDUSTRIALESTABLISHMENTS, THE REQUIREMENT OF APPLYING AND OBTAININGPRIOR GOVERNMENT PERMISSION IS APPLICABLE ONLY TO THREECATEGORIES OF INDUSTRIAL ESTABLISHMENTS, VIZ FACTORIES, MINESAND PLANTATIONS [25L(a)].
2) PUBLIC SECTOR UNDERTAKINGS IN WHICH CENTRAL GOVERNMENT HASAT EAST 1% SHARE CAPITA SHOU D APP Y AND OBTAIN
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AT LEAST 51% SHARE CAPITAL SHOULD APPLY AND OBTAINPERMISSION FROM THE CENTRAL GOVERNMENT AND NOT THE STATEGOVERNMENT EVEN IF THE APPROPRIATE GOVERNMENT FOR THEMUNDER SECTION 2(a) IS THE STATE GOVERNMENT [SEE Sn.25L(b)].
iii)POWER OF GOVERNMENT TO GRANT/REFUSE/REVIEW PERMISSION [25N(1) TO (9)]
UNDER Sn.25N(3) GOVERNMENT CAN GRANT/REFUSE PERMISSION, BUTMUST GIVE REASON FOR THIS TO EMPLOYER AND WORKMEN. UNDERSn.25N(6) GOVERNMENT CAN REVERSE ITS EARLIER ORDER GRANTINGOR REFUSING PERMISSION AND ISSUE FRESH ORDERS.
GOVERNMENT CAN ALTERNATIVELY UNDER Sn.25N(6) REFER THE ISSUE
OF PERMISSION TO TRIBUNAL FOR GRANTING OR REFUSING PERMISSIONAND SUCH TRIBUNAL SHOULD PASS AN ORDER IN 30 DAYS. ANY ORDERPASSED BY GOVERNMENT/APPROPRIATE AUTHORITY SHALL AS PERSn.25N(5) BE BINDING FOR A PERIOD OF ONE YEAR.
NOTE
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IF WORKMEN HAVE BEEN RETRENCHED WITHOUT PERMISSION (IN ABOVE100 WORKMEN CASE) OR PERMISSION HAS BEEN REFUSED THE AFFECTED
WORKMEN WILL GET ALL BENEFITS AS IF THEY WERE NEVER TERMINATED[Sn.25N(7)].
iv) NOTICE, IF ANY, REQUIRED TO BE GIVEN TO WORKMEN TO BERETRENCHED
IN SMALLER ESTABLISHMENTS (AVERAGE LESS THAN 100 WORKMEN)
MINIMUM ONE MONTHS NOTICE OR ONE MONTHS PAY IN LIEU OF NOTICE
MUST BE GIVEN [Sn. 25F(a)] IN LARGER ESTABLISHMENTS( AVERAGE
MORE THAN 100 WORKMEN) MINIMUM THREE MONTHS NOTICE OR THREE
MONTHS PAY IN LIEU OF NOTICE MUST BE GIVEN [Sn. 25 N(1)(a)].
v) PROCEDURE FOR RESORTING TO RETRENCHMENT
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NOTICE MUST BE SENT TO THE APPROPRIATE GOVERNMENT/NOTIFIED
AUTHORITY IN FORM P UNDER RULE 76. APPLICATION FOR PERMISSION
MUST BE MADE IN FORM PA UNDER RULE 76-A(1) OR FORM PB UNDERRULE 76-A(2) AS THE CASE MAY BE. A CATEGORY WISE WORKMEN
SENIORITY LIST MUST BE PREPARED AND IN EACH CATEGORY THE LEAST
SENIOR, MUST GO OUT FIRST - EXCEPTIONS CAN BE MADE WITH PROPER
REASONS RECORDED AND THE SENIORITY LIST SHOLD BE DISPLAYED AS
PER RULE 77 [Sn.25G].
vi)HAVE RETRENCHED WORKMEN THE RIGHT TO RE-EMPLOYMENT ?
IF AT ANY LATER DATE THE PLANT OR PROCESS IS RESTARTED,RETRENCHED WORKMEN SHOULD BE GIVEN PREFERENCE FO RE-
EMPLOYMENT AND THE INTIMATION GIVEN TO THE CONCERNED WORKMEN
AND UNION AND NOTICE DISPLAYED AT LEAST 10 DAYS BEFORE FILLINGUP THE VACANCY. [Sn.25H, R-78].
vii)IMPACT OF OTHER LAWS
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)
ANY PROVISION ON RETRENCHMENT IN ANY OTHER LAW OR STANDING
ORDERS INCONSISTENT WITH THE PROVISIONS IN THE ID ACT SHALL BE
NULL AND VOID. HOWEVER, IF MORE BENEFICIAL TERMS EXIST THOSEWILL PREVAIL [Sn.25J].
viii)CONSEQUENCES OF VIOLATING THE PROVISIONS ON RETRENCHMENT
AS PER Sn.25Q IMPRISONMENT UPTO ONE MONTH OR Rs.1000/- FINE ORBOTH.
d) PROVISIONS ON 'CLOSURE'
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i)WHAT AMOUNTS TO CLOSURE [2n.2(cc)] ?
A PERMANENT CLOSURE OF (a) A PLACE OF EMPLOYMENT, OR (b) APART OF THE ESTABLISHMENT.
ii) IS PRIOR PERMISSION REQUIRED FROM THE APPROPRIATE GOVERNMENTFOR CLOSING DOWN AN ESTABLISHMENT ?
NO PERMISSION REQUIRED IF ESTABLISHMENT EMPLOYED LESS THAN 100WORKMEN (AVERAGE FOR PREVIOUS 12 MONTHS) [Sn.25 K] MAKING OFAPPLICATION AND OBTAINING PRIOR PERMISSION FROM APPROPRIATEGOVERNMENT (OR NOTIFIED AUTHORITY) IS REQUIRED IF THEESTABLISHMENT IS A 'FACTORY', 'MINE' OR 'PLANTATION' WHICH EMPLOYEDMORE THAN 100 WORKMEN (AVERAGE OF PREVIOUS 12 MONTHS) [Sn.25-O(I),25L(a), 25L(b), 2(a)]. SUCH APPLICATION FOR PRIOR PERMISSION SHOLD BESUBMITTED AT LEAST 90 DAYS IN ADVANCE OF PROPOSED DATE OFCLOSURE - COPY OF APPLICATION TO BE SENT TO UNION/WORKMENREPRESENTATIVES [25(O)(1)] IF NO REPLY IS RECEIVED FROM GOVERNMENTWITHIN 60 DAYS, APPROVAL CAN BE PRESUMED [25(O)(3)].
NOTE
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1) PRIOR PERMISSION REQUIRED ONLY FOR 'FACTORIES', 'MINES' AND
'PLANTATIONS'.
2) PUBLIC SECTOR UNDERTAKINGS IN WHICH CENTRAL GOVERNMENT
HAS AT LEAST 51% SHARE CAPITAL SHOLD APPLY AND OBTAIN
PERMISSION FROM CENTRAL GOVERNMENT AND NOT THE STATE
GOVERNMENT EVEN IF THE APPROPRIATE GOVERNMENT FOR
THEM UNDER SECTION 2(a) IS THE STATE GOVERNMENT [Sn.25L(b), 2(a)].
iii)POWER OF GOVERNMENT TO GRANT/REFUSE/REVIEW PERMISSION
UNDER Sn.25(O)(2) GOVERNMENT CAN GRANT/REFUSE PERMISSION,
BUT MUST GIVE REASON FOR THIS TO EMPLOYER AND WORKMEN.
UNDER Sn.25(O)(5) GOVERNMENT CAN REVERSE ITS EARLIER
ORDER GRANTING OR REFUSING PERMISSION AND ISSUE FRESH
ORDERS
GOVERNMENT CAN ALTERNATIVELY UNDER Sn.25(O)(5) REFER THE ISSUE
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OF PERMISSION TO A TRIBUNAL FOR GRANTING OR REFUSING
PERMISSION AND SUCH TRIBUNAL SHOULD PASS AN ORDER IN 30
DAYS. ANY ORDER PASSED BY GOVERNMENT/APPROPRIATE
AUTHORITY SHALL AS PER Sn.25(O)(4) BE BINDING FOR A PERIODOF ONE YEAR. IF NO ORDER IS PASSED WITHIN 60 DAYS OF
MAKING APPLICATION AS PER Sn.25(O)(3) IT CAN BE PRESUMED THAT
PERMISSION HAS BEEN GIVEN.
NOTE :
1) WHERE THE ESTABLISHSMENT HAS BEEN CLOSED WITHOUT MAKING
AN APPLICATION OR WITHOUT OBTAINING PERMISSION FROM THE
GOVERNMENT OR WHEN THE PERMISSION HAS BEEN REFUSED AS
PER Sn.25(O)(6), AFFECTED WORKMEN WILL BE ENTITLED TO ALL
BENEFITS AND BE TREATED AS IF THE UNDERTAKING WAS NOT CLOSEDDOWN.
2) IN CASES LIKE CLOUSURE DUE TO DEATH OF AN EMPLOYER OR DUE TO
ACCIDENT IN THE ESTAB ISHMENT AS PER S 2 (O)( ) GOVERNMENT
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ACCIDENT IN THE ESTABLISHMENT AS PER Sn. 25(O)(7) GOVERNMENT
CAN GRANT RELAXATION OR EXEMPTION FROM THE VARIOUSPROVISIONS ON CLOSURE.
Iv) NOTICE, IF ANY, REQUIRED TO BE GIVEN BEFORE CLOSURE OFUNDERTAKING
AS PER Sn.25FFA AND RULE 76B IN SMALLER ESTABLISHMENTS(EMPLOYING LESS THAN 100 WORKMEN BUT ABOVE 50 WORKMEN)
NOTICE OF CLOSURE IN FORM 'Q' MUST BE GIVEN BY REGISTERED POSTTO :
a) APPROPRIATE GOVERNMENT
b) REGIONAL LABOUR COMMISSIONER
c) EMPLOYMENT EXCHANGE CONCERNED
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vi) CONSEQUENCIES OF VIOLATING THE PROVISIONS ON CLOSURE
AS PER Sn.25R ANY EMPLOYER WHO CLOSES DOWN ANESTABLISHMENT WITHOUT COMPLYING WITH THE PROVISIONS OF
Sn.25(O)(1) SHALL BE PUNISHABLE WITH IMPRISONMENT FOR 6MONTHS OR WITH FINE UPTO Rs.5,000/- OR BOTH.
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Industrial Disputes Act
Chapters VI & VII
Chapter VI- PENALTIES
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Chapter VI- PENALTIES
26. Penalty for illegal strikes and lock-outs.- (1) Any workman who commences, continues or otherwise
acts in furtherance of, a strike which is illegal under this Act,
shall be punishable with imprisonment for a term which may
extend to one month, or with fine which may extend to fifty
rupees, or with both.
(2) Any employer who commences, continues, or otherwise
acts in furtherance of a lock-out which is illegal under this Act,
shall be punishable with imprisonment for a term which mayextend to one month, or with fine which may extend to one
thousand rupees, or with both.
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Contd
27. Penalty for instigation, etc:
Any person who instigates or incites others to take partin, or otherwise acts in furtherance of, a strike or lock-out
which is illegal under this Act, shall be punishable with
imprisonment for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or
with both.
28. Penalty for giving financial aid to illegal strikes and
lock-outs:
Any person who knowingly expends or applies any
money in direct furtherance or support of any illegalstrike or lock-out shall be punishable with imprisonment
for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
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Contd
29. Penalty for breach of settlement or award:
1*[Any person who commits a breach of any term of any
settlement or award, which is binding on him under this
Act, shall be punishable with imprisonment for a term
which may extend to six months, or with fine, or with
both, 2*[and where the breach is a continuing one, with afurther fine which may extend to two hundred rupees for
every day during which the breach continues after the
conviction for the first] and the Court trying the offence, if
it fines the offender, may direct that the whole or any part
of the fine realized from him shall be paid, by way ofcompensation, to any person who, in its opinion, has
been injured by such breach.]
d
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Contd
30. Penalty for disclosing confidential information:
Any person who wilfully discloses any such information
as is referred to in section 21 in contravention of the
provisions of that section shall, on complaint made by or
on behalf of the trade union or individual business
affected, be punishable with imprisonment for a term
which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
C d
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Contd
30A. Penalty for closure without notice: 3*[30A. Penalty for closure without notice.- Any employer
who closes down any undertaking without complying with
the provisions of section 25FFA shall be punishable with
imprisonment for a term which may extend to six months,
or with fine which may extend to five thousand rupees, or
with both.]
C d
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Contd
31. Penalty for other offences: (1) Any employer who contravenes the provisions of
section 33 shall be punishable with imprisonment for a
term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
(2) Whoever contravenes any of the provisions of this Act
or any rule made there under shall, if no other penalty is
elsewhere provided by or under this Act for such
contravention, be punishable with fine which may extend
to one hundred rupees.
Chapter VII- MISCELLANEOUS
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p
32. Offence by companies, etc. :
Where a person committing an offence under this Act is a
company, or other body corporate, or an association of
persons (whether incorporated or not), every director,
manager, secretary, agent or other officer or person
concerned with the management thereof shall, unless heproves that the offence was committed without his knowledge
or consent, be deemed to be guilty of such offence.
C td
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Contd
33. Conditions of service, etc., to remain unchanged under
certain circumstances during pendency of proceedings : 1*[33. Conditions of service, etc., to remain unchanged under
certain circumstances during pendency of proceedings.- (1)
During the pendency of any conciliation proceeding before a
conciliation officer or a Board or of any proceeding before
2*[an arbitrator or] a Labour Court or Tribunal or NationalTribunal in respect of an industrial dispute, no employer
shall
(a) in regard to any matter connected with the dispute, alter, to
the prejudice of the workmen concerned in such dispute, the
conditions of service applicable to them immediately before the
commencement of such proceeding; or
(b) for any misconduct connected with the dispute, discharge or
punish, whether by dismissal or otherwise, any workmenconcerned in such dispute,save with the express permission in
writin of the authorit before which the roceedin is endin .
C td
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Contd
(2) During the pendency of any such proceeding in respect of
an industrial dispute, the employer may, in accordance withthe standing orders applicable to a workman concerned in
such dispute 2*[or, where there are no such standing orders,
in accordance with the terms of the contract, whether express
or implied, between him and the workman],--
(a) alter, in regard to any matter not connected with the dispute,the conditions of service applicable to that workman immediately
before the commencement of such proceeding; or
for any misconduct not connected with the dispute, or discharge
or punish, whether by dismissal or otherwise, that workman:
Contd
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Contd
Provided that no such workman shall be discharged or
dismissed, unless he has been paid wages for one monthand an application has been made by the employer to the
authority before which the proceeding is pending for approval
of the action taken by the employer.
(3) Notwithstanding anything contained in sub-section (2), no
employer shall, during the pendency of any such proceedingin respect of an industrial dispute, take any action against any
protected workman concerned in such dispute--
Contd
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Contd
(a) by altering, to the prejudice of such protected workman, theconditions of service applicable to him immediately before the
commencement of such proceedings; or
(b) by discharging or punishing, whether by dismissal or
otherwise, such protected workman, save with the express
permission in writing of the authority before which the proceedingis pending.