SALIENT FEATURES OF THE

INDUSTRIAL DISPUTES ACT,

1947

BY

Vinay R. Menon
e.mail: vinaymenon_00@yahoo.com
 I IMPORTANT DEFINITIONS
 
CERTAIN IMPORTANT TERMS UNDER THE INDUSTRIAL DISPUTES ACT
AND THEIR SIGNIFICANCE.
 
a) APPROPRIATE GOVERNMENT [Sn.2(a)]
 
UNDER THE ID ACT SOME INDUSTRIES FALL UNDER THE CENTRAL
LABOUR MACHINERY AND SOME OTHERS FALL UNDER THE STATE
LABOUR MACHINERY.

SN 2(a) HELPS US TO DETERMINE UNDER WHOSE JURISDICTION A

PARTICULAR INDUSTRY FALLS AND WHETHER THE STATE/CENTRAL
RULES WILL APPLY.

b) INDUSTRY [Sn.2(j)]

THE ID ACT IS NOT APPLICABLE TO ALL KINDS OF ESTABLISHMENTS. IT

IS APPLICABLE ONLY TO ESTABLISHMENTS SATISFYING THE DEFINITION
OF THE TERM 'INDUSTRY' (AS DECIDED IN SEVERAL JUDICIAL
PRONOUNCEMENTS).

THE 1984 AMENDED DEFINITION NOW APPEARING IN Sn.2(j) IS YET TO

BE BROUGHT INTO FORCE AND THE OLD DEFINITION IS STILL IN VOGUE.
 c) WORKMAN [(Sn.2(s)]
 
ALL EMPLOYEES IN AN ESTABLISHMENT ARE NOT 'WORKMEN' UNDER THE
ID ACT. ONLY EMPLOYEES DOING ANY MANUAL, UNSKILLED, SKILLED,
TECHNICAL, OPERATIONAL, CLERICAL (IRRESPECTIVE OF WHETHER
THEIR WAGES IS ABOVE Rs.1600/- PER MONTH OR NOT) AND SUCH OF
THE SUPERVISORS DRAWING WAGES BELOW Rs.1600/- PM (SEE
DEFINITION OF WAGES IN Sn.2(rr). IT ALSO INCLUDES DISMISSED
WORKMEN FALLING UNDER THE ABOVE CATEGORIES.
 
HOWEVER MANAGERIAL STAFF ARE TOTALLY EXCLUDED IRRESPECTIVE
OF THEIR SALARY. [THE TEST OF DETERMINING WHO IS A 'WORKMAN'
WAS PRONOUNCED IN A RECENT SUPREME COURT JUDGEMENT IN
SANDOZ LTD CASE REPORTED IN 1994 II LLN 1017)

d) WAGES [Sn.2(rr)]

WAGES WILL INCLUDE BASIC, DA, VALUE OF HOUSE ACCOMMODATION,

OTHER AMENITIES, TRAVELLING CONCESSION, COMMISSION PAYABLE
AND OTHER REMUNERATION PAYABLE UNDER THE CONTRACT, BUT
EXCLUDES THE FOLLOWING : ANY BONUS AND RETIREMENT BENEFITS
LIKE EPF/GRATUITY
 II WHAT AMOUNTS TO INDUSTRIAL DISPUTE

EXTENT AND SCOPE OF THE TERM 'INDUSTRIAL DISPUTE' UNDER THE

INDUSTRIAL DISPUTES ACT 1947.
PROVISIONS SECTIONS 2(k),2(ka),2(j),2(s),2(A),2(rr).

a) WHAT ARE THE INGREDIENTS OF AN INDUSTRIAL DISPUTE [Sn.2(k)] ?

 
i) DISPUTE MUST BE IN AN ESTABLISHMENT SATISFYING THE
DEFINITION OF 'INDUSTRY' IN SECTIONS 2(ka) & 2 (j).

(NOTE : THE NEW DEFINITION OF 2(j) HAS NOT BEEN BROUGHT

INTO FORCE YET).

ii)                  DISPUTE MUST BE BETWEEN :

 
-                      EMPLOYER Vs EMPLOYER
-                      EMPLOYER Vs WORKMEN
-                      WORKMEN Vs WORKMEN
 iii)                  THE SUBJECT MATTER OF THE DISPUTE MUST BE :

-                      CONNECTED WITH EMPLOYMENT OR NON-EMPLOYMENT

-                      CONNECTED WITH TERMS OF EMPLOYMENT
-                      CONNECTED WITH CONDITIONS OF LABOUR

iv OF 'ANY PERSON' - PROVIDED THAT PERSON HAS A NEXUS WITH

THE INDUSTRY

v DISPUTE MUST BE RAISED BY WORKMEN : BY UNION, OR A GROUP

OF WORKMEN.

b) CAN ALL EMPLOYEES IN AN INDUSTRY RAISE AN INDUSTRIAL

DISPUTE [Sn.2(s),2(k)]?
 
ANSWER IS NO.
 
INDUSTRIAL DISPUTE CAN BE RAISED ONLY BY EMPLOYEES
SATISFYING THE DEFINITION OF 'WORKMAN' IN SECTION 2(s).
 
THOSE NOT SATISFYING THE DEFINITION OF WORKMAN CANNOT
RAISE A DISPUTE UNDER ID ACT.
 c) WHAT CATEGORY OF EMPLOYEES WOULD FALL UNDER THE
DEFINITION OF 'WORKMAN' UNDER SECTION 2(s) ?
 
ANY PERSON IN AN 'INDUSTRY' (INCLUDING AN APPRENTICE)
EMPLOYED ON MANUAL, UNSKILLED, SKILLED, TECHNICAL,
OPERATIONAL JOBS PLUS THOSE SUPERVISORY STAFF DRAWING
'WAGES' BELOW Rs.1600 PM AS PER DEFINITION OF WAGES IN Sn.2(rr).
 
NOTE :

- ALL MANAGERIAL STAFF ARE EXCLUDED IRRESPECTIVE OF THEIR

SALARY

- MEMBERS OF SUPERVISORY STAFF WILL BE EXCLUDED ONLY IF

THEY ARE DRAWING WAGES ABOVE Rs.1600 PM

- WORKMEN WHO WERE TERMINATED COULD CONTINUE TO CLAIM

STATUS OF WORKMEN FOR PURSUING THEIR DISPUTES

- THE WAGES OF SUPERVISORY STAFF SHOULD BE COMPUTED AS PER

DEFINITION OF 'WAGES' IN SECTION 2(rr).
 
 d) CAN ONLY A MAJORITY OF WORKMEN IN AN INDUSTRY RAISE A
DISPUTE ?
 
IT IS NOT NECESSARY THAT A MAJORITY OF WORKMEN SHOULD
SUPPORT THE RAISING OF THE DISPUTE. IT IS ENOUGH IF A
SUBSTANTIAL NUMBER BACK THE RAISING OF THE DISPUTE. WHILE A
UNION CAN RAISE A DISPUTE, IT IS NOT NECESSARY THAT ONLY A
UNION CAN RAISE A DISPUTE. A SINGLE WORKMAN CANNOT NORMALLY
RAISE DISPUTE.

e)      WHEN CAN AN INDIVIDUAL WORKMEN RAISE A DISPUTE (i.e.EVEN

WITHOUT THE SUPPORT OF OTHER WORKMEN) ?

NORMALLY ONLY COLLECTIVE DISPUTES (DISPUTES RAISED BY A GROUP

OF WORKMEN CAN BE TAKEN UP AS INDUSTRIAL DISPUTES). AN
INDIVIDUAL WORKMAN CAN RAISE A DISPUTE IF IT FALLS UNDER THE
EXCEPTIONAL CASES LISTED IN SECTION 2 A: CASES OF DISMISSAL /
DISCHARGE / RETRENCHMENT / TERMINATION ONLY. FOR NON-TERMI-
NATION ISSUES (LIKE PROMOTION / TRANSFER / PUNISHMENTS NOT
AMOUNTING TO TERMINATION) INDIVIDUAL WORKMAN CANNOT RAISE
A DISPUTE IF THERE ARE NO OTHER WORKMEN SUPPORTING HIS CASE.
f) CAN WORKMEN RAISE AN INDUSTRIAL DISPUTE PERTAINING TO
NON-WORKMEN ?

ANSWER IS 'YES' - THEY CAN AS PER SECTION 2(k) RAISE AN

INDUSTRIAL DISPUTE REGARDING 'ANY PERSON' IF IT CAN BE SHOWN
THAT 'THAT PERSON' HAS A NEXUS WITH THEIR INDUSTRY (THEY COULD
THEREFORE RAISE DISPUTES DEMANDING BENEFITS OR
REINSTATEMENT OF DISMISSED MANAGERS / SUPERVISORS).

g) HOW CAN AN INDIVIDUAL WORKMAN REDRESS HIS DISPUTE ?

 
HE SHOULD GET OTHER WORKMEN / UNION TO SPONSOR IT TO MAKE IT
AN INDUSTRIAL DISPUTE UNDER Sn.2(k). IF IT IS A TERMINATION CASE
HE CAN RAISE IT HIMSELF UNDER Sn.2(A).
III FUNCTIONING OF DISPUTE SETTLING
MACHINERIES
 
a) ALL ABOUT CONCILIATION
 
i) WHAT TYPE OF CONCILIATION MACHINERY EXIST UNDER
THE ID ACT ?
 
CONCILIATION BY AN OFFICER [Sn.4 & 2(d)] AND A BOARD (AN
AD-HOC BOARD CONSISTING OF AN INDEPENDENT CHAIRMAN
AND EQUAL NUMBER OF WORKMEN AND EMPLOYER
REPRESENTATIVES) [Sn.5 & 2(e)].

[THIS IS NOT A PERMANENT BODY, SET UP ONLY FOR A

PARTICULAR DISPUTE AND THE BOARD WILL STAND DISSOLVED
WHEN THE ISSUE IS SETTLED].
ii) WHAT ARE THE DUTIES OF A CONCILIATION OFFICER ?

AS PER Sn.12 (1) AND RULE 9(1) WHEN A STRIKE / LOCKOUT

NOTICE IS ISSUED UNDER RULE 71/72 IN A PUBLIC UTILITY
SERVICE, HE IS BOUND TO IMMEDIATELY CONVENE A
CONCILIATION MEETING.

AS PER Sn.12(1) AND RULES 9(2) & 10, IN NON PUBLIC UTILITY
SERVICE OR IN NON-STRIKE DISPUTES IN PUBLIC UTILITY
SERVICE HE IS NOT BOUND, BUT MAY HOLD CONCILIATION
MEETINGS. HE WILL HOWEVER HOLD ORDINARY JOINT
MEETINGS WHICH WOULD NOT BE COUNTED AS CONCILIATION
MEETINGS.

HE WILL TRY TO PERSUADE THE PARTIES TO RESOLVE THE

DISPUTES AS PER RULES 10A, 11, 12 AND 13.
IF HE SUCCEEDS IN BRINGING ABOUT AN UNDERSTANDING, HE GETS
THE PARTIES TO SIGN A SETTLEMENT IN FORM-H AS PER Sn.12(3), 18(3)
AND RULE-58. AS PER RULE 75, HE HAS TO MAINTAIN A REGISTER IN
FORM-O, GIVING THE DETAILS OF THE SETTLEMENTS SIGNED BY HIM. IF
HE FAILS TO BRING ABOUT A SETTLEMENT, AS PER Sn.12(4) HE HAS TO
INFORM THE GOVERNMENT AND THIS IS CALLED A FAILURE REPORT.
BEFORE SENDING THE FAILURE REPORT HE SHOULD ASK THE DISPUTING
PARTIES WHETHER THEY WOULD LIKE THE DISPUTE TO BE SENT FOR
ARBITRATION. AS PER SN.12(6) HE IS EXPECTED TO CLOSE THE
CONCILIATION PROCEEDINGS WITHIN 14 DAYS BUT WITH THE CONSENT
OF THE PARTIES HE CAN KEEP THE CONCILIATION PROCESS GOING FOR
A LONGER DURATION. WHEN NOTICE OF CHANGE IS ISSUED UNDER
Sn.9A HE IS OBLIGED TO HOLD MEETINGS TO RESOLVE THE DISPUTE.
WHEN APPROVAL/PERMISSION APPLICATIONS ARE FILED UNDER
Sn.33/33A HE IS REQUIRED TO PASS APPROPRIATE ORDERS.

NOTE : UNLIKE IN ARBITRATION/ADJUDICATION PROCEEDINGS, A

CONCILIATION OFFICER HAS NO POWER TO ENFORCE HIS DECISION ON
THE PARTIES. HE CAN ONLY TRY TO PERSUADE THE PARTIES TO ACCEPT
HIS SUGGESTION.
iii) WHAT ARE THE POWERS OF A CONCILIATION OFFICER ?

AS PER Sn.11(1) AND RULE 23, HE CAN ENTER AND INSPECT

ANY ESTABLISHMENT. AS PER Sn.11(4) AND RULE 17 HE CAN
SUMMON ANY PERSON AS WITNESS OR COMPEL THE
PRODUCTION OF DOCUMENTS HAVING RELEVANCE TO THE
DISPUTE. AS PER Sn.33/33A AND RULES 59, 60, 61 HE CAN
GRANT/REFUSE APPROVAL/PERMISSION TO PETITIONS
FILED BY EMPLOYER ON DISCIPLINARY MATTERS DURING
PENDENCY OF CONCILIATION BEFORE HIM.
 
iv) SUMMARY OF SECTIONS

SECTIONS 2(d), 2(e), 4, 5, 11, 12, 13, 18(3), 20, 33, 33A
RULES 9, 10, 10A, 11, 12, 13, 17, 23, 58, 59, 60, 61
FORM-H
 b) ALL ABOUT ADJUDICATION
 
i) WHAT IS MEANT BY ADJUDICATION ?
 
ADJUDICATION IS A JUDICIAL (DECISION MAKING) PROCESS
FOR SETTLEMENT OF INDUSTRIAL DISPUTES [Sn.2(aa)].
 
ii) WHAT ARE THE ADJUDICATING BODIES UNDER THE ID ACT ?
 
LABOUR COURTS [Sn.2(kkb), 7, Sch.II]

TRIBUNALS [Sn.2(r), 7A, Sch.III]

NATIONAL TRIBUNALS [Sn.2(11), 7B, Sch.III]

 iii) CAN PARTIES (EMPLOYER OR WORKMEN) APPROACH THE
ADJUDICATING BODIES DIRECTLY FOR DISPUTE SETTLEMENT ?

UNLIKE IN THE CIVIL COURTS, PARTIES CANNOT APPROACH THE

LABOUR COURT / TRIBUNAL / NATIONAL TRIBUNAL DIRECTLY.
DISPUTES CAN BE TAKEN UP BY LABOUR COURT / TRIBUNAL /
NATIONAL TRIBUNAL ONLY IF THEY ARE REFERRED TO THEM BY THE
GOVERNMENT. GOVERNMENT CAN REFER THE DISPUTES AFTER
RECEIPT OF THE CONCILIATION FAILURE REPORT OR WHEN THE
PARTIES REQUEST THE GOVERNMENT TO MAKE A REFERENCE
[Sn.10(1), 10(1A), 10(2), 10(6), 12(4), 12(5), 12(6)].
 
iv WHEN DOES ADJUDICATION COMMENCE AND WHEN DOES IT END ?
ADJUDICATION PROCEEDINGS ARE DEEMED TO HAVE COMMENCED
FROM THE DATE THE GOVERNMENT REFERRED THE DISPUTE TO
LABOUR COURT/TRIBUNAL / NATIONAL TRIBUNAL.
 
IT IS DEEMED TO HAVE CONCLUDED ON THE DATE THE AWARD
BECOMES ENFORCEABLE AS PER Sn.17A [Sn.20(3)].
 v DUTIES OF LABOUR COURT / TRIBUNAL / NATIONAL TRIBUNAL ?
 
TO HOLD ADJUDICATING PROCEEDINGS EXPEDITIOUSLY AND
SUBMIT THEIR REPORT TO THE GOVERNMENT WITHIN THE PRESCRIBED
TIME LIMIT [Sn.15, 10(2A), 16(2)].
 
TO CONFINE THE SCOPE OF THEIR JUDGEMENT TO THE POINTS
REFERRED TO THEM FOR DETERMINATION [Sn.10(4)].
 
vi WHAT ARE THE POWERS OF LABOUR COURT / TRIBUNAL /NATIONAL
TRIBUNAL ?
 
THEY CAN ENTER ANY ESTABLISHMENT FOR FACT FINDING
[Sn.11(2) AND R.23] CAN ENFORCE ATTENDANCE OF ANY PERSON AND
PRODUCTION OF DOCUMENTS AND MATERIALS HAVING BEARING ON
THE DISPUTE [Sn.11(3), R-10A, 10B]. EMPOWERED TO ADMINISTER
OATHS AND ISSUE SUMMONS TO PARTIES / WITNESSES [R-16,
17, 18]. CAN APPOINT ASSESSORS TO ASSIST THEM [Sn.11(5), R-
25]. CAN EXERCISE POWERS OF 'PUBLIC SERVANTS' UNDER Sn.21 OF
IPC [Sn.11(6)] CAN PASS ORDERS ON AWARDING COSTS TO THE
AGGTRIEVED PARTY
 [Sn.11(7)] CAN EXERCISE POWERS OF CIVIL COURTS FOR
PURPOSES OFSn.345, 346, 348 OF THE CIVIL PROCEDURE CODE OF
1973 [Sn.11(8)]. HAS POWERS TO REVIEW DISCIPLINARY PUNISHMENT
ORDERS ISSUED BY MANAGEMENT AND CAN
REDUCE/SUBSTITUTE PUNISHMENTS OR ORDER REINSTATEMENT
WITH/WITHOUT BACK WAGES [Sn.11(A)]. HAS POWERS TO GRANT /
REFUSE APPROVAL / PERMISSION PETITIONS FILED UNDER Sn.33
[Sn.33A] CAN PASS ORDERS ON MONEY CLAIM PETITIONS FILED
BY WORKMEN AGAINST EMPLOYERS [Sn.33C(2)].

vii PROCEDURE FOR ENFORCING ADJUDICATION AWARDS

DECISIONS GIVEN BY LABOUR COURT / TRIBUNAL / NATIONAL

TRIBUNAL ARE CALLED AWARDS [Sn.2(b)]. AWARDS ARE NOT
ENFORCEABLE DIRECTLY. THE LABOUR COURT / TRIBUNAL /
NATIONAL TRIBUNAL CAN ONLY SEND THEIR FINDINGS TO THE
GOVERNMENT AND CANNOT ANNOUNCE THEM DIRECTLY. [Sn.15]
AFTER RECEIPT OF THE REPORT, THE APPROPRIATE GOVERNMENT
WOULD DECIDE WHETHER TO ACCEPT / MODIFY / WITH-HOLD THE
REPORT - THE GOVERNMENT HAS TO ANNOUNCE THEIR DECISION
THROUGH THE GAZETTE WITHIN 30 DAYS OF RECEIPT OF THE
REPORT [Sn.17, 17A]. THE GOVERNMENT ORDER ON THE ADJUDI-
CATION DECISION BECOMES ENFORCEABLE ON THE EXPIRY OF 30 DAYS
FROM THE DATE OF THE GAZETTE NOTIFICAITON [Sn.17A].
viii FOR WHAT DURATION IS THE ADJUDICATION AWARD VALID ?
 
AN ADJUDICATION AWARD (AS PUBLISHED BY GOVERNMENT)
SHALL BE IN OPERATION FOR A PERIOD OF ONE YEAR FROM THE
DATE IT BECOMES ENFORCEABLE UNDER 17A [Sn.19(3)].
GOVERNMENT HAS THE POWER TO REDUCE THE VALIDITY PERIOD OR
EVEN EXTEND THE VALIDITY PERIOD BY ONE YEAR AT A TIME
SUBJECT TO THE TOTAL DURATION NOT EXCEEDING THREE YEARS
[Sn.17A,19(3)].

EVEN AFTER THE NORMAL / EXTENDED PERIOD OF OPERATION, THE

TERMS OF THE AWARD SHALL CONTINUE TO BE IN FORCE UNTIL
ONE OF THE PARTIES SERVES A FORMAL NOTICE OF TERMINATION
[Sn.19(5), 19(6), 19(7)].
 
ix ON WHOM ARE THE AWARDS BINDING ?
 
IT IS BINDING ON ALL PARTIES TO THE DISPUTE. IT IS ALSO
BINDING ON ALL OTHER PARTIES SUMMONED TO APPEAR IN THE
PROCEEDINGS TO THE DISPUTE. ON THE EMPLOYER, HIS HEIRS,
ASSIGNS AND SUCCESSORS. ON WORKMEN CURRENTLY EMPLOYED
AND WHO SUBSEQUENTLY GET EMPLOYED IN THE ESTABLISHMENTS
[Sn.18(3)].
 c) ALL ABOUT ARBITRATION

i) WHAT IS MEANT BY ARBITRATION ?

 
IT IS A DISPUTE RESOLVING PROCESS THROUGH AN UMPIRE
SELECTED BY THE DISPUTING PARTIES.
 
ii) HOW DOES ARBITRATION DIFFER FROM ADJUDICATION AND
CONCILIATION ?
 
WHILE THE PRESIDING OFFICERS OF CONCILIATION AND
ADJUDICATION PROCEEDINGS ARE FULL TIME OFFICERS APPOINTED
BY GOVERNMENT, ARBITRATORS ARE ADHOC UMPIRES APPOINTED
BY THE DISPUTANTS.
 
WHILE THE CONCILIATION OFFICER HAS NO POWER TO IMPOSE HIS
DECISION ON THE PARTIES, AN ARBITRATOR HAS AUTHORITY TO
GIVE AN ORDER WHICH CANNOT BE CHALLENGED BY THE PARTIES.
ADJUDICATORS GET THEIR POWER FROM STATUTE, ARBITRATORS
ACQUIRE THEIR POWR FROM THE CONSENT OF THE PARTIES.
 iii) TYPES OF ARBITRATION

ID ACT CONTEMPLATES TWO TYPES OF ARBITRATION, ONE UNDER

SECTION 10(2) TO A LABOUR COURT / TRIBUNAL AND THE SECOND TYPE
UNDER 10A TO ANY OTHER ARBITRATOR INCLUDING TO LABOUR COURTS
OR TRIBUNALS.
 
iv) HOW IS ARBITRATION PROCESS INITIATED [Sn.10(2)+10A] ?
 
WHEN CONCILIATION FAILS, BEFORE SENDING THE FAILURE REPORT,
THE CONCILIATION OFFICER ASKS THE PARTIES IF THEY WISH TO SEND
THE DISPUTE FOR ARBITRATION. IF PARTIES DESIRE SO, THEY MUST
SIGN AN ARBITRATION AGREEMENT IN FORM-C UNDER RULE 7 AND
SEND IT TO THE GOVERNMENT. GOVERNMENT WILL THEN NOTIFY HIM
AS AN ARBITRATOR

v) AWARDS OF ARBITRATORS
 
ARBITRATORS HEAR THE PLEADINGS OF BOTH PARTIES AND SUBMIT
THEIR ORDERS TO THE GOVERNMENT WHO PROCESSES IT LIKE AN
ADJUDICATION AWARD AND IT IS IMPLEMENTED LIKE AN
ADJUDICATION AWARD.
 IV PENDENCY OF PROCEEDINGS AND ITS IMPLICATIONS

a) WHAT IS MEANT BY PENDENCY OF PROCEEDINGS [Sn.20] ?

i) THE PERIOD FROM WHICH CONCILIATION / ADJUDICATION /

ARBITRATION PROCEEDINGS COMMENCES AND CONCLUDES UNDER
Sn.20 IS CALLED PERIOD OF PENDENCY.
 
ii) WHEN IS CONCILIATION DEEMED TO BE PENDING - COMMENCEMENT
AND CONCLUSION [Sn.20(1)(2)(a,b)] ?
 
COMMENCEMENT :

WHEN NOTICE OF STRIKE/LOCKOUT IN PUBLIC UTILITY INDUSTRIES

UNDER Sn.22 IS RECEIVED BY THE CONCILIATION OFFICER OR ON THE DATE
THE DISPUTE IS REFERRED TO THE CONCILIATION BOARD AND IN OTHER
CASES WHEN THE CONCILIATION OFFICER ISSUES NOTICE OF
CONCILIATION.

CONCLUSION :

IT CONCLUDES WHEN A SETTLEMENT IS SIGNED BY THE PARTIES. IF THERE

IS NO SETTLEMENT WHEN THE FAILURE REPORT OF THE CONCILIATION
OFFICER IS RECEIVED BY THE GOVERNMENT.
 iii) WHEN IS ADJUDICATION /ARBITRATION DEEMED TO BE
PENDING [Sn.20(2)(C)20(3) & 17] ?
 
COMMENCEMENT :

ADJUDICATION / ARBITRATION PROCEEDINGS ARE DEEMED

TO COMMENCE ON THE DATE WHEN THE GOVERNMENT
REFERS THE DISPUTE TO LABOUR COURT / TRIBUNAL /
NATIONAL TRIBUNAL OR ARBITRATOR UNDER SECTION 10 OR
10 A AS THE CASE MAY BE.
 
CONCLUSION :

ADJUDICATION / ARBITRATION PROCEEDINGS ARE DEEMED

TO HAVE CONCLUDED ON THE DATE ON WHICH THEIR
AWARDS BECOME ENFORCEABLE UNDER SECTION 17 A, i.e.
AFTER 30 DAYS OF THE PUBLICATION OF THE AWARD IN THE
OFFICIAL GAZETTE.
 
 b) IMPACT OF PENDENCY ON STRIKES / LOCKOUTS
 
i) WHY IS IT IMPORTANT TO KNOW THE PERIOD OF PENDENCY
OF PROCEEDINGS ?
 
AS PER SECTION 22(d) ANY STRIKE / LOCKOUT IN A PUBLIC
UTILITY INDUSTRY DURING THE PENDENCY OF
CONCILIATION AND SEVEN DAYS THEREAFTER WOULD BE
ILLEGAL [(Sn.22(d)].
 
ANY STRIKE / LOCKOUT IN A NON-PUBLIC UTILITY AS WELL
AS PUBLIC UTILITY DURING PENDENCY OF CONCILIATION
BEFORE A BOARD AND SEVEN DAYS THEREAFTER WOULD
BE ILLEGAL [Sn.23(a)].
 
ANY STRIKE/LOCK OUT DURING THE PENDENCY OF
ADJUDICATION/ARBITRATION PROCEEDING AND TWO
MONTHS THEREAFTER WOULD BE ILLEGAL IN BOTH
PUBLIC AND NON-PUBLIC UTILITY INDUSTRIES [Sn.23(b),
23(bb)].
 c) IMPACT OF PENDENCY ON EMPLOYER'S RIGHT TO ALTER SERVICE
CONDITIONS
 
i) WHILE EMPLOYERS ARE ENTITLED TO ALTER THE SERVICE
CONDITIONS / TAKE DISCIPLINARY ACTION IN TERMS OF THEIR
STANDING ORDERS DURING NORMAL TIMES; SOME RESTRICTIONS
ARE PLACED ON THESE RIGHTS DURING PENDENCY OF
PROCEEDINGS LIKE CONCILIATION, ARBITRATION AND
ADJUDICATION.

ii) AS PER Sn.33(1)(a) DURING PENDENCY OF PROCEEDINS, ANY

ALTERATION OF ANY MATTER CONNECTED WITH THE DISPUTE CAN
BE MADE ONLY WITH EXPRESS WRITTEN PERMISSION OF THE
AUTHORITY BEFORE WHOM THE DISPUTE IS PENDING [APPLY IN
FORM-J UNDER RULE 60(1)[Sn.33(1)(a), R-60(1),F-J]

iii)AS PER Sn.33(2)(a), EVEN DURING PENDENCY OF PROCEEDINGS NO

PERMISSION IS REQUIRED FOR ALTERING ANY MATTER NOT
CONNECTED WITH THE DISPUTE IF THE STANDING ORDERS OR
CONTRACT OF EMPLOYMENT OF THE CONCERNED WORKMEN
ALLOW THE EMPLOYER TO MAKE SUCH ALTERATION [Sn.33(2)(a)].
 d) IMPACT OF PENDENCY ON EMPLOYER'S RIGHT TO TAKE
DISCIPLINARY ACTION
 
i) AS PER Sn.33(1)(b) DURING PENDENCY OF PROCEEDINGS
ANY DISCIPLINARY PUNISHMENT FOR A MISCONDUCT
CONNECTED WITH THE DISPUTE CAN BE TAKEN ONLY AFTER
OBTAINING EXPRESS WRITTEN PERMISSION OF THE
AUTHORITY BEFORE WHOM THE DISPUTE IS PENDING [APPLY
IN FORM-J UNDER RULE 60(1)].
 
ii)AS PER Sn.33(2)(b) IF THE MISCONDUCT IS NOT CONNECTED
WITH THE PENDING DISPUTE NO PRIOR PERMISSION FOR
DISMISSING OR DISCHARGING IS REQUIRED BUT
RATIFICATION OR APPROVAL IS TO BE TAKEN FROM THE
AUTHORITY AFTER THE TERMINATION ORDER IS ISSUED.

iii) WHILE ISSUING THE TERMINATION ORDER ONE FULL

MONTH'S WAGES (WITHOUT ANY DEDUCTIONS) SHOULD ALSO
BE PAID AND AN APPLICATION FOR APPROVAL IN FORM-K
UNDER RULE 60(2) SHOULD ALSO BE SUBMITTED TO THE
AUTHORITY ON THE VERY SAME DAY OF ISSUE OF THE
TERMINATION ORDER [Sn.33(2)(b), R-60(2),F-K].
 NOTE : IF APPROVAL IS REFUSED THE WORKMAN WILL HAVE
TO BE REINSTATED WITH BACK WAGES.
 
e) IMPACT OF PENDENCY ON TAKING ACTION AGAINST
'PROTECTED WORKMEN'

AS PER Sn.33(3) DURING PENDENCY OF PROCEEDINGS,

TRADE UNION OFFICE BEARERS WHO QUALIFY FOR THE
STATUS OF 'PROTECTED WORKMEN' UNDER RULE 61 SHOULD
NOT BE PUNISHED OR TERMINATED WITHOUT THE PRIOR
WRITTEN PERMISSION FROM THE AUTHORITY CONCERNED
[AN APPLICATION FOR PERMISSION UNDER RULE 60(1) IS
TO BE MADE IN FORM-J] [Sn.33(3), R-60(1),F-J].
 
 f) WORKMEN'S MODE OF SEEKING RELIEF FOR EMPLOYERS
VIOLATION OF SECTION-33
 
i) IF DURING THE PENDENCY OF PROCEEDINGS THE EMPLOYER
HAS ALTERTED THE SERVICE CONDITIONS VIOLATING
Sn.33(1)(a) OR 33(2)(a) OR PUNISHED A WORKMAN IN
VIOLATION OF Sn.33(1)(b) OR 33(2)(b) OR PUNISHED A
PROTECTED WORKMAN (OFFICE BEARER) IN VIOLATION OF
SECTION 33(3), THE AGGRIEVED WORKMAN CAN FILE A
COMPLAINT TO THE AUTHORITY IN FORM-I UNDER RULE 59 AND
Sn.33A [Sn.33(A), R-59,F-I].

ii)THE AUTHORITY CONCERNED WILL MAKE AN ENQUIRY AND

AFTER HEARING THE PARTIES WILL PASS APPROPRIATE
ORDERS GRANTING OR REFUSING APPROVAL OR
PERMISSION AS THE CASE MAY BE [Sn.33A].

 
 NOTE :

1  IF APPROVAL IS REFUSED WORKMAN HAS TO BE

REINSTATED

2  WHEN PERMISSION IS REQUIRED, ACTION BY

EMPLOYER CAN BE ONLY AFTER GETTING WRITTEN
PERMISSION

3     EVEN IF APPROVAL/PERMISSION IS GRANTED UNDER

Sn.33A, THE WORKMAN IS NOT BARRED FROM CHALLEGING THE
ACTION AND RAISING A DISPUTE FOR REINSTATEMENT
UNDER SECTION 2(K) OR 2(A).
 SIGNIFICANCE OF SECTION 33 OF THE I.D.ACT 1947

I SIGNIFICANCE - IT PLACES CERTAIN MAKE CHANGES IN SERVICE

OF SECTION 33 TEMPORARY CONDITONS OF WORKMEN
RESTRICTIONS ON TO AWARD PUNISHMENT OF
EMPLOYERS RIGHT DISMISSAL/DISCHARGE ON ANY
TO: WORKMAN
TO IMPOSE ANY KIND OF PUNISHMENT
ON UNION OFFICE BEARERS TREATED
AS ‘PROTECTED WORKMEN’

II ARE THESE - NO. [THERE ARE NO

RESTRICTIONS RESTRICTIONS IF NO
ALWAYS PROCEEDING IS
APPLICABLE ? PENDING [Sn 33(1)]
III THEN WHEN ARE - IT APPLIES ONLY - CONCILIATION
THEY DURING ‘THE PERIOD - ADJUDICATION
APPLICABLE ? OF PENDENCY OF - ARBITRATION
ANY ONE OF THE
FOLLOWING [Sn 33(1)]
PROCEEDINGS:

IV WHAT IS MEANT - CONCILIATION IS DEEMED TO COMMENCE AND

BY ‘PERIOD OF   CONCLUDE WHEN CONTINGENCIES MENTIONED IN
PENDENCY’ ? SECTION 20(1) 20(2) ARE SATISFIED
   
- SIMILARLY ‘ADJUDICATION’ & ‘ARBITRATION’ ARE
DEEMED TO COMMENCE & CONCLUDE WHEN
CONTINGENCIES MENTIONED IN SECTION 20(3) IS
SATISFIED.
 
Note: THE INTERVENING PERIOD IS CALLED THE
PERIOD OF PENDENCY
V WHAT IS THE NATURE OF RESTRICTIONS IMPOSED
CONTINGENCY TAKE PRIOR WRITTEN TAKE POST FACTO APPROVAL
PERMISSION
ALTERATION OF SERVICE CONDITIONS
A WHEN EMPLOYER WANTS ACTION ONLY AFTER
TO ALTER A GETTING PRIOR
MATTER/SERVICE WRITTEN
NA
CONDITION WHICH IS PERMISSION
THE SUBJECT MATTER FROM AUTHORITY
OF THE DISPUTE
B WHEN SERVICE   NO PERMISSION OR
CONDITIONS/ ANY OTHER   APPROVAL IS REQUIRED
MATTER NOT IF THE ACTION IS AS PER
NA
CONNECTED WITH THE APPLICABLE STANDING
PENDING DISPUTE ARE ORDER PROVISIONS OR
TO BE ALTERED IN CASE PREVAILING SERVICE
OF PERSONS RULES.
CONCERNED IN THE
DISPUTE [Sn 33(2)(a)]
 DISMISSAL ORDERS
A DISCIPLINARY ACTION ANY DISCIPLINARY  
AGAINST A WORKMAN PUNISHMENT ONLY  
FOR A MISCONDUCT AFTER GETTING NA
CONNECTED WITH THE PRIOR WRITTEN
PENDING DISPTUTE [Sn PERMISSION
33(I)(b)]
B DISCIPLINARY ACTION   ONLY FOR TERMINATION.
AGAINST A ON THE DATE OF ISSUE
CONCERNED   OF TERMINATION ORDER
WORKMAN FOR A PAY ONE MONTHS
MISCONDUCT NOT   SALARY WITHOUT ANY
CONNECTED WITH THE NA DEDUCTIONS AND ON
PENDING DISPUTE [Sn THE SAME DAY FILE AN
33(2)(b)]   APPROVAL PETITION.
 PROTECTED WORKMEN
PUNISHING ‘PROTECTED ANY KIND OF IF NOT A ‘PROTECTED
WORKMEN’ PUNISHMENT TO WORKMAN’ FILE
[Sn 33(3), R-62] ‘PROTECTED APPROVAL PETITION
WORKMEN’ MUST BE (ONLY FOR
GIVEN ONLY AFTER TERMINATION CASES)
APPLYING AND
GETTING WRITTEN
PERMISSION
VI WHERE TO FILE PERMISSION OR APPROVAL APPLICATIONS TO
APPROVAL/PERMISSION BE FILED BEFORE THE DISPUTE PENDING
APPLICATIONS AUTHORITY
IF DISPUTE PENDING BEFORE MORE THAN ONE
AUTHROTITY – EMPLOYER CAN CHOOSE ANY
ONE OF THEM
VII IS THERE ANY SEE THE APPLICABLE STATE RULES
SPECIFIC FORMAT IN KERALA THE APPLICABLE RULE & FORMAT ARE
AS FOLLOWS:
CONTINGENCY RULE NO. IN FORM NO.
FOR 61(1) & (3) (4) J
PERMISSION & (5)
PETITIONS
FOR APPROVAL 61(2) (3) (4) & K
PETITIONS (5)

VIII WHAT CAN A AS PER SECTION 33(A) AND RULE 60 (1) (2) (3) (4)
WORKMAN DO WHEN HE CAN FILE A COMPLAINT TO THE AUTHORITY
EMPLOYER DOES NOT BEFORE WHOM PROCEEDING IS PENDING
COMPLY WITH
SECTION 33
IX CONSEQUENCES OF THE WORKMAN HAS TO BE REINSTATED IN
APPROVALS NOT SERVICE AND
BEING GRANTED GIVEN FULL BACK PAY AND BENEFITS [Sn 33(A)]
X GENERAL EVEN IF APPROVAL/PERMISSION IS GIVEN UNDER
SECTION 33, WORKMAN CAN RAISE A SEPARATE
DISPUTE CHALLENGING HIS DISMISSAL [Sn-2(A) &
11A]

EVEN IF NO APPLCATION FOR

PERMISSION/APPROVAL IS MADE,
DISMISSAL/DISCIPLINARY ACTION WILL NOT BE IPSO
FACTO ILLEGAL. EMPLOYERS CAN STILL JUSTIFY
HIS ACTION WHEN CASE COMES UP BEFORE
LABOUR COURT.

EVEN IN PERMISSION CASES THE EMPLOYER CAN

FILE THE PERMISSION APPLCIATION AND
PARALLALY PLACE THE WORKMAN UNDER
SUSPENSION PENDING ENQUIRY PROVIDED HE IS
PAID THE APPLICABLE SUBSISTENCE ALLOWANCE
TILL THE PERMISSION APPLICATION IS DISPOSED
OF.
V LEGALITY AND ILLEGALITIES

a) PROVISIONS ON 'STRIKE & LOCKOUT'

PROVISIONS SECTIONS 2(q), 2(l), 2(n), 22, 23, 24, 25, 26, 27,28
RULES 71, 72, 73, 74
FORMS L, M, N AND SCHEDULE I

i) INGREDIENTS OF STRIKE & LOCKOUTS

STRIKE [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 IN CONCERT
LOCKOUT [2(l)] BY EMPLOYER
TEMPORARY CLOSING OF PLACE OF EMPLOYMENT, OR
REFUSAL TO CONTINUE TO EMPLOY PERSONS EMPLOYED BY AN
EMPLOYER
 ii) IS NOTICE OF STRIKE/LOCKOUT MANDATORY
 
MANDATORY [2(n), SCH-I, 22(1), 22(2), 23(1)]:

IF INDUSTRY FALLS UNDER DEFINITION OF 'PUBLIC UTILITY

SERVICE' AS PER SECTION 2(n), SCH-I OR IF THE TERMS OF
EMPLOYMENT (APPOINTMENT LETTER) OR STANDING ORDER
REQUIRES GIVING OF NOTICE.

NON MANDATORY [22(3), 23(1)] :

IN NON-PUBLIC UTILITY SERVICE, UNLESS STANDING ORDERS

OR APPOINTMENT ORDERS STIPULATES GIVING OF NOTICE,
OR IT IS IN RETALIATION FOR A STRIKE OR LOCKOUT.
iii) WHEN WOULD STRIKES OR LOCKOUTS BE ILLEGAL

IN 'PUBLIC UTILITY SERVICE' [22(1)& (2), 23, 30, 19] WHEN

STRIKE/LOCKOUT IS COMMENCED :

a) WITHOUT GIVING ATLEST 14 DAYS NOTICE 

b)   COMMENCED AFTER 42 DAYS OF NOTICE
c)   PRIOR TO DATE INDICATED IN THE NOTICE
d)  DURING PENDENCY OF PROCEEDINGS BEFORE
CONCILIATION OFFICER/BOARD AND SEVEN DAYS
THEREAFTER
e)  DURING PENDENCY OF PROCEEDINGS BEFORE LABOUR
COURT/TRIBUNAL/ARBITRATORS AND TWO MONTHS
THEREAFTER
f)   DURING THE PERIOD WHEN A SETTLEMENT OR AWARD IS IN
OPERATION ON MATTERS COVERED
 IN NON-PUBLIC UTILITY SERVICE [23, 20, 19] WHEN
STRIKE/LOCKOUT IS COMMENCED :
 
a)   IN BREACH OF CONTRACT
b)  DURING PENDENCY OF CONCILIATION BEFORE A BOARD AND
SEVEN DAYS THEREAFTER
c)  DURING PENDENCY OF CONCILIATION BEFORE LABOUR
COURT/TRIBUNAL./ARBITRATOR AND TWO MONTHS
THEREAFTER
d)  DURING THE PERIOD ON MATTERS COVERED WHEN A
SETTLEMENT OR AWARD IS IN OPERATION.
 
NOTE :
 
A STRIKE/LOCK OUT LEGALLY COMMENCED WOULD BECOME
ILLEGAL IF CONTINUED AFTER GOVERNMENT BANS IT UNDER
SECTION 10(4A) AND 24
 iv) 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.
 
 v) DUTY OF EMPLOYER ON RECEIVING / GIVING NOTICE

ON RECEIVING STRIKE NOTICE / OR GIVING LOCKOUT NOTICE.

[RULES 71, 72, 73, 74 AND Sn.22(3), 22(6)]. SHOULD INFORM THE
APPROPRIATE GOVERNMENT WITHIN FIVE DAYS OF RECEIPT OF
NOTICE [22(6)] AND ALSO FORTHWITH INFORM THE
CONCILIATION OFFICER [RULE-71(2)]. LOCKOUT NOTICE MUST BE
DISPLAYED ON NOTICE BOARD AT THE ENTRANCE [RULE- 72]. A
REPORT ON STRIKE / LOCKOUT SHOLD BE SENT IN
FORM-N AS PER SECTION 22(3), RULES 73, 74.
 
 vi) 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/IMPRISONED UNDER SECTIONS 26, 27, 28.

ON ANY PERSON
 
-    ANY PERSON EXTENDING FINANCIAL ASSISTANCE TO
FURTHER AN ILLEGAL STRIKE OR LOCKOUT WOULD BE
VIOLATING SECTION 25.
 
vii) ROLE OF CONCILIATION OFFICER WHEN STRIKE NOTICE IS
ISSUED [Sn.12(1)]
 
-   HE MAY HOLD CONCILIATION MEETINGS IF NOTICE IS IN
NON-PUBLIC UTILITY SERVICE.

-   HE MUST HOLD CONCILIATION MEETINGS IF NOTICE IS IN

PUBLIC UTILITY INDUSTRY.

NOTE :

IN THE SYNDICATE BANK CASE [1994 II LLJ 836] SUPREME

COURT HELD THAT WORKMEN ON STRIKE WOULD BE ELIGIBLE TO
CLAIM WAGES ONLY IF THEY ESTABLISH THAT THEIR STRIKE WAS
LEGAL AND JUSTIFIED. IF IT WAS ONLY LEGAL BUT NOT
JUSTIFIED, NO WAGES IS PAYABLE.
 WHAT IS PUBLIC UTILITY SERVICE & ITS SIGNIFICANCE

I SIGNIFICANCE
 
a) UNDER SECTION 2(n) OF THE ID ACT 1947 CERTAIN CATEGORY OF
INDUSTRIES HAVE BEEN DECLARED AS PUBLIC UTILITY SERVICES.
 
b) AS PER SECTIONS 22 TO 24 MORE STRINGENT PROVISONS HAVE BEEN
PRESCRIBED FOR DECLARING LOCK OUTS (BY EMPLOYERS) OR FOR
ORGANISING STRIKES (BY WORKMEN) IN SUCH INDUSTRIES.

II CONSEQUENCE
 
a) NON-OBSERVANCE BY EMPLOYERS WOULD MAKE THE LOCK OUT ILLEGAL
AND MAKE THE WORKMEN ELIGIBLE FOR WAGES FOR THE PERIOD OF ILLEGAL
LOCK OUT.
 
b) NON-OBSERVANCE BY WORKMEN WOULD MAKE THE STRIKE ILLEGAL AND
MAKE THEM DISENTITLED FOR WAGES FOR THE STRIKE PERIOD.

 
 III CATEGORIES OF INDUSTRIES FALLING UNDER 'PUBLIC UTILITY SERVICE'
 
SECTION 2(n) DECLARES CERTAIN TYPES OF DINDUSTRIES TO BE
PERMANENTLY PUBLIC UTILITY SERVICES AND SOME OTHERS WHICH COULD
BE DELCARED AS PUBLIC UTILITIES FOR TEMPORARY PERIODS OF SIX MONTHS AT
A TIME.
 
a) PERMANENT PUBLIC UTILITY SERVICES [Sn.2(n)(I TO v)]

i) ANY RAIL/TRANSPORT/AIR SERVICES/SERVICES IN MAJOR PORTS OR DOCKS

ii) ANY SECTION OF AN INDUSTRY THE WORKING OF WHICH IS ESSENTIAL FOR

ENSURING SAFETY OF WORKMEN EMPLOYED.
iii) POST/TELEGRAPH/TELEPHONE SERVICES

iv) INDUSTRIES SUPPLYING POWER/LIGHT OR WATER TO PUBLIC

v) ANY SYSTEM OF PUBLIC CONSERVANCY SANITATION.

b) TEMPORARY PUBLIC UTILITY SERVICES

i) SECTION 2n(vi) EMPOWERS THE CENTRAL/STATE GOVERNMENTS TO

DECLARE ANY INDUSTRY LISTED IN SCHEDULE -I OF THE ID ACT AS PUBLIC
UTILITY SERVICES
ii) SUCH DECLARATIONS BY THE APPROPRIATE GOVERNMENT IS VALID FOR
SIX MONTHS FROMDATE OF NOTIFICATION IN GAZETTE.

iii) GOVERNMENT CAN EXTEND THE VALIDITY BY RENEWING THE DECLARATION

AT THE END OF EACH SIX MONTH.

iv) IF THE DECLARATIONS ARE NOT RENEWED SUCH NOTIFIED INDUSTRIES

WOULD COME OUT OF THE DEFINITION OF PUBLIC UTILITY.

v) AS PER SCHEDULE-I, THE FOLLOWING CATEGORIES OF INDUSTRIES COULD

BE CLARED AS PUBLIC UTILITY FOR SIX MONTHLY SPELLS THROUGH A
GAZETTE NOTIFICATIONS:
1 TRANSPORT SERVICES 2 BANKING
3 CEMENT 4 COAL
5 COTTON TEXTILES 6 FOOD STUFFS
7 IRON & STEEL 8 DEFENCE ESTABLISHMENTS
9 HOSPITALS & DISPENSARIES 10 FIRE BRIGADE
11 GOVERNMENT MINTS 12 INDIA SECURITY PRESSES
13 COPPER MINING 14 IRON ORE MINING
15 LEAD MINING 16 ZINC MINING
17 SERVICE IN ANY OIL FIELD 18 SERVICE IN URANIUM INDUSTRY
19 PYRITES MINING INDUSTRY 20 SECURITY PAPER , MILL,
HOSHANGABD
21 SERVICES IN THE BANK 22 PHOSPHORITE MINING
23 MAGNESITE MINING 24 CURRENCY NOTE PRESS
25 FERTILIZER INDUSTRY 26 MANUFACTURING, MARKETING &
DISTRIBUTION OF PETROLEUM
PRODUCTS
 b) 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 AND SECTIONS
25K, 25L, 25M, 25Q, AND 25S OF CHAPTER VB.
 
ii) WHAT IS LAY OFF' ?

AS PER SECTION 2(kkk) LAY OFF IS THE INABILITY / FAILURE / REFUSAL OF

THE EMPLOYER TO GIVE EMPLOYMENT TO WORKMEN ON HIS MUSTER
ROLLS (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
iii) IS THE LAY OFF PROVISIONS APPLICABLE TO ALL INDUSTRIES FALLING
UNDER Sn 2(j) ?

NO - LAY OFF PROVISIONS ARE APPLICABLE ONLY TO A LIMITED CATEGORY OF

INDUSTRIES LIKE FACTORES, MINES AND PLANTATIONS, THAT TOO IF THEY ARE
EMPLOYING MORE THAN 50 WORKMEN ON THE AVERAGE [25A(b) & 25 (k)]. IF THE
ESTABLISHMENT IS OF SEASONAL CHARACTER 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 MINIMUM QUALIFYING SERVICE FOR

BEING ELIGIBLE FOR LAY OFF COMPENSATION ?

AS PER SECTION 25(B) ONLY WORKMEN WHO HAVE PUT IN ONE YEAR
'CONTINUOUS SERVICE' (RECKONED FROM THE DATE OF LAY OFF) ARE ELIGIBLE
TO LAY OFF COMPENSATION.

ONE YEAR CONTINUOUS SERVICE MEANS PERMANENT EMPLOYMENT OR

WORKING FOR 240 DAYS IN A PERIOD OF 12 MONTHS. 240 DAYS WILL INCLUDE
DAYS OF SICKNESS/EARNED LEAVE AVAILED/ACCIDENT LEAVE/MATERNITY
LEAVE/STRIKE WHICH IS NOT ILLEGAL/LOCK OUT DAYS/AND CESSATION OF WORK
NOT DUE TO FAULT OF WORKMAN.
 v) ARE ANY CATEGORY OF WORKMEN EXCLUDED FROM LAY OFF BENEFITS ?
 
AS PER SECTION 25(C) AND 25(M) BADLIS AND CASUALS ARE INELIGIBLE UNLESS
THEY HAVE PUT IN 240 DAYS ATTENDANCE IN 12 MONTHS PRIOR TO DATE OF LAY
OFF.
 
vi) IS PRIOR GOVERNMENT APPROVAL REQUIRED FOR LAYING OFF WORKMEN ?
 
ESTABLISHSMENTS EMPLOYING AVERAGE OF 50 WORKMEN OR MORE DURING THE
MONTH PRIOR TO LAY OFF AND EMPLOYING LESS THAN 100 WORKMEN ON AN
AVERAGE ARE REGULATED BY PROVISIONS OF CHAPTER VA AND NEED NOT TAKE
ANY PERMISSION.
 
ESTABLISHMENTS WHICH EMPLOYED AVERAGE OF 100 OR MORE WORKMEN
DURING THE 12 MONTHS PRIOR TO LAY OFF ARE REGULATED BY CHAPTER VB AND
MUST OBTAIN PRIOR PERMISSION FROM APPROPRIATE GOVERNMENT.
 
 NOTE
 
FOR ESTABLISHMENTS HAVING MORE THAN 51% CENTRAL GOVERNMENT SHARE
CAPITAL THE APPROPRIATE GOVERNMENT FOR LAY OFF WILL BE ONLY THE
CENTRAL GOVERNMENT AND NOT THE STATE GOVERNMENT [SEE Sn.25(L)(b)].
 
vii) WHAT HAPPENS IF PERMISSION IS NOT APPLIED FOR OR PERMISSION IS DENIED
BY GOVERNMENT ?
 
WORKMEN WILL BE ELIGIBLE TO RECEIVE FULL WAGES FOR THE ENTIRE LAY 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) IF
PERMISSION IS REFUSED OR NOT OBTAINED MUST PAY FULL WAGES [25 (M)(8)].
 
 ix) WHAT IS THE PROCEDURE FOR APPLYING FOR PERMISSION ?
 
ESTABLISHMENTS ATTRACTED BY CHAPTER VB MUST SUBMIT APPLICATION TO
APPROPRIATE GOVERNMENT IN FORM-03. MUST ALSO NOTIFY REGIONAL LABOUR
COMMISSIONER THE COMMENCEMENT AND CONCLUSION OF LAY OFF IN FORMS 01
AND 02 WITHIN 7 DAYS [SECTIONS 25(M) AND R 75A]. GOVERNMENT MAY GRANT /
REFUSE PERMISSION WITHIN 60 DAYS OF SUBMISSION OF APPLICATION. IF NO
REPLY FROM GOVERNMENT - AFTER 60 DAYS PERMISSION CAN BE ASSUMED
[SECTION 25(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 LAY OFF COMPENSATION. IF
WORKMEN REFUSE TO ACCEPT ALTERNATE EMPLOYMENT 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 OF WORKMEN [25(E)(3)].
 
 NOTE
 
THIS DENIAL OF COMPENSATION IS NOT APPLICABLE TO ESTABLISHMENTS FALLING UNDER
CHAPTER VB.
 
xi) CAN AN EMPLOYER RESORT TO RETRENCHMENT AFTER CERTAIN DURATION OF LAY
OFF ?

AS PER SECTION 25 C AN EMPLOYER GOVERNED BY CHAPTER VA (NOT APPLICABLE TO

CHAPTER V B) CAN AFTER 45 DAYS LAY OFF IN 12 MONTHS RETRENCH HIS WORKMEN OR
SIGN A SETTLEMENT WITH THE WORKMEN TO RETAIN THEM ON THE MUSTER ROLLS
WITHOUT PAYMENT OF LAY OFF COMPENSATION. IF HE RESORTS TO RETRENCHMENT HE
MUST FOLLOW THE PROCEDURE AND PROVISIONS OF RETRENCHMENT STIPULATED IN
SECTION 25F. WHILE PAYING RETRENCHMENT COMPENSATION HE CAN REDUCE THE
AMOUNT OF ALY OFF COMPENSATION PAID DURING THE PREVIOUS 12 MONTHS [25(C )].

xii) WHAT ARE THE EMPLOYERS OBLIGATIONS ?

TO MAINTAIN MUSTER ROLL OF WORKMEN [Sn.25(D)]

APPLY FOR PERMISSION IN FORM 03 [Sn.25(M)(2)]
SUBMIT RETURN IN FORMS 0-1 AND 02 [Sn.25(M)(2)]
PAY HALF/FULL WAGES AS COMPENSATION [Sn.25© & 25(M)]
 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 BY AN
EMPLOYER WOULD BE RETRENCHMENT, UNLESS IT IS A TERMINATION BY
WAY OF DISCIPLINARY ACTION OR IT FALLS UNDER ANY ONE OF THE
FOLLOWING FOUR EXCEPTIONS :

1) VOLUNTARY RETIREMENT

2) RETIREMENT ON REACHING THE AGE OF SUPERANNUATION (IF THERE 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 APPROPRIATE GOVERNMENT FOR
RESORTING TO RETRENCHMENT ?

NO PERMISSION REQUIRED IF ESTABLISHMENT EMPLOYED LESS THAN 100 WORKMEN

(AVERAGE FOR THE PREVIOUS 12 MONTHS) -Sn.25K. MAKING OF APPLICATION AND
OBTAINING PRIOR PERMISSION FROM APPROPRIATE GOVERNMENT (OR NOTIFIED
AUTHORITY) IS REQUIRED IN ESTABLISHMENTS (LIKE 'FACTORIES', 'MINES' AND
'PLANTATIONS' ONLY) WHICH EMPLOYED MORE THAN 100 WORKMEN (AVERAGE FOR
PREVIOUS 12 MONTHS) Sn.25N(1)(b), 25L(a), 25L(b), AND 2(a)]. SUCH APPLICATION FOR PRIOR
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 INDUSTRIAL ESTABLISHMENTS, THE REQUIREMENT OF
APPLYING AND OBTAINING PRIOR GOVERNMENT PERMISSION IS APPLICABLE ONLY
TO THREE CATEGORIES OF INDUSTRIAL ESTABLISHMENTS, VIZ FACTORIES, MINES
AND PLANTATIONS [25L(a)].
 
2) PUBLIC SECTOR UNDERTAKINGS IN WHICH CENTRAL GOVERNMENT HAS AT LEAST
51% SHARE CAPITAL SHOULD APPLY AND OBTAIN PERMISSION FROM THE CENTRAL
GOVERNMENT AND NOT THE STATE GOVERNMENT EVEN IF THE APPROPRIATE
GOVERNMENT FOR THEM UNDER SECTION 2(a) IS THE STATE GOVERNMENT [SEE
Sn.25L(b)].
 iii) POWER OF GOVERNMENT TO GRANT/REFUSE/REVIEW PERMISSION [25 N(1)
TO (9)]
 
UNDER Sn.25N(3) GOVERNMENT CAN GRANT/REFUSE PERMISSION, BUT MUST GIVE
REASON FOR THIS TO EMPLOYER AND WORKMEN. UNDER Sn.25N(6)
GOVERNMENT CAN REVERSE ITS EARLIER ORDER GRANTING OR REFUSING
PERMISSION AND ISSUE FRESH ORDERS.
 
GOVERNMENT CAN ALTERNATIVELY UNDER Sn.25N(6) REFER THE ISSUE OF
PERMISSION TO 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.25N(5) BE BINDING FOR
A PERIOD OF ONE YEAR.

NOTE
 
IF WORKMEN HAVE BEEN RETRENCHED WITHOUT PERMISSION (IN ABOVE 100
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 BE RETRENCHED

IN SMALLER ESTABLISHMENTS (AVERAGE LESS THAN 100 WORKMEN) MINIMUM

ONE MONTH’S NOTICE OR ONE MONTH’S 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 MONTH’S PAY IN LIEU OF NOTICE
MUST BE GIVEN [Sn. 25 N(1)(a)].

v) EXTENT OF COMPENSATION PAYABLE TO RETRENCHED WORKMEN

ELIGIBLE FOR 15 DAYS AVERAGE PAY FOR EVERY COMPLETED YEAR OF

CONTIINUOUS SERVICE OR PART IN EXCESS OF SIX MONTHS IF THE WORKMEN
SATISFIES THE REQUIREMENT OF ATTENDANCE UNDER Sn. 25B(1) & (2) [Sn.25N(9),
25F(b), AND 25B(1) & (2)]. IF UNDER ANY OTHER LAW OR STANDING ORDERS
WORKMEN ARE ELIGIBLE TO A HIGHER QUANTUM OF COMPENSATION, THAT
HIGHER QUANTUM WILL PREVAIL [Sn.25J(1)].
NOTE

IN ESTABLISHMENTS EMPLOYING LESS THAN 100 WORKMEN (AVERAGE OF THE

PREVIOUS 12 MONTHS) IF LAY OFF HAS EXCEEDED 45 DAYS DURING THE
IMMEDIATE PRECEDING 12 MONTHS, THE LAY OFF COMPENSATION PAID CAN BE
OFFSET FROM THE RETRENCHMENT COMPENSATION PAYABLE TO THE WORKMEN
[25C (PROVISO)].

vi) PROCEDURE FOR RESORTING TO RETRENCHMENT

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 UNDER RULE 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].
 vii) 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 FILLING UP THE VACANCY. [Sn.25H, R-78].
 
viii) IMPACT OF OTHER LAWS
 
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 THOSE WILL PREVAIL [Sn.25J].
 
Ix) CONSEQUENCES OF VIOLATING THE PROVISIONS ON RETRENCHMENT
 
AS PER Sn.25Q IMPRISONMENT UPTO ONE MONTH OR Rs.1000/- FINE OR BOTH.
 x) SUMMARY OF SECTIONS ON RETRENCHMENT
 
SECTIONS 2(00), 25B, 25C, 25F, 25G, 25H, 25J, 25K, 25L, 25Q, 25S
RULES : 76, 76A, 77, 78
FORMS:P, PA, PB
 
d) PROVISIONS ON 'CLOSURE'
 
i) WHAT AMOUNTS TO CLOSURE [2n.2(cc)] ?
 
A PERMANENT CLOSURE OF (a) A PLACE OF EMPLOYMENT, OR (b) A PART OF
THE ESTABLISHMENT.
 ii) IS PRIOR PERMISSION REQUIRED FROM THE APPROPRIATE GOVERNMENT FOR
CLOSING DOWN AN ESTABLISHMENT ?

NO PERMISSION REQUIRED IF ESTABLISHMENT EMPLOYED LESS THAN 100 WORKMEN

(AVERAGE FOR PREVIOUS 12 MONTHS) [Sn.25 K] MAKING OF APPLICATION AND OBTAINING
PRIOR PERMISSION FROM APPROPRIATE GOVERNMENT (OR NOTIFIED AUTHORITY) IS
REQUIRED IF THE ESTABLISHMENT IS A 'FACTORY', 'MINE' OR 'PLANTATION' WHICH
EMPLOYED MORE THAN 100 WORKMEN (AVERAGE OF PREVIOUS 12 MONTHS) [Sn.25-O(I),
25L(a), 25L(b), 2(a)]. SUCH APPLICATION FOR PRIOR PERMISSION SHOLD BE SUBMITTED AT
LEAST 90 DAYS IN ADVANCE OF PROPOSED DATE OF CLOSURE - COPY OF APPLICATION TO
BE SENT TO UNION/WORKMEN REPRESENTATIVES [25(O)(1)] IF NO REPLY IS RECEIVED FROM
GOVERNMENT WITHIN 60 DAYS, APPROVAL CAN BE PRESUMED [25(O)(3)].
 
NOTE

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 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 PERIOD OF 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 CLOSED DOWN.
 
2) IN CASES LIKE CLOUSURE DUE TO DEATH OF AN EMPLOYER OR
DUE TO ACCIDENT IN THE ESTABLISHMENT AS PER Sn. 25(O)(7)
GOVERNMENT CAN GRANT RELAXATION OR EXEMPTION FROM
THE VARIOUS PROVISIONS ON CLOSURE.
 Iv) NOTICE, IF ANY, REQUIRED TO BE GIVEN BEFORE CLOSURE OF
UNDERTAKING
 
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 POST TO :
 
a)    APPROPRIATE GOVERNMENT
b)  REGIONAL LABOUR COMMISSIONER
c)    EMPLOYMENT EXCHANGE CONCERNED
 
IN LARGER ESTABLISHMENT (EMPLOYING MORE THAN 100 WORKMEN ON AN
AVERAGE FOR PREVIOUS 12 MONTHS) AS PER Sn.25(O)(1) AND RULE 76 C NOTICE
OF CLOSURE MUST BE GIVEN IN FORM 'QA' TO THE APPROPRIATE GOVERNMENT BY
REGISTERED POST. IN ADDITION TO NOTICE UNDER Sn.25(O)(3) AND RULE 76C
IN FORM 'QB' (IN TRIPLICATE) MUST BE SENT BY REGISTERED POST TO THE
APPROPRIATE GOVERNMENT. AS PER RULE 76C(3) THE EMPLOYER IS BOUND TO
SUPPLY ADDITIONAL INFORMATION, IF ANY, CALLED FOR BY GOVERNMENT. AS
PER RULE 76C(2) THE DATE ON WHICH THE REGISTERED POST IS RECEIVED BY
GOVERNMENT SHALL BE TREATED AS THE DATE OF FILING THE APPLICATION
FOR PERMISSION.
 
 v) EXTENT OF COMPENSATION PAYABLE TO AFFECTED WORKMEN
 
AS PER Sn.25FFF IN SMALLER ESTABLISHMENTS (AVERAGE LESS THAN 100
WORKMEN) WORKMEN SATISFYING THE ATTENDANCE REQUIREMENT OF
Sn.25B ARE ENTITLED TO COMPENSATION AS IF THEY WERE RETRENCHED
(15 DAYS WAGES PER YEAR OF SERVICE). HOWEVER, IF THE
ESTABLISHMENT CAN JUSTIFY THAT IT HAD TO BE CLOSED DOWN DUE TO
CIRCUMSTANCES BEYOND THE EMPLOYERS CONTROL (PLEASE SEE
EXPLANATION TO 25FFF AS TO WHAT WOULD NOT BE TREATED AS FACTORS
BEYOND THE CONTROL) THE MAXIMUM COMPENSATION PAYABLE WOULD
BE LIMITED TO THREE MONTHS WAGES [PLEASE ALSO SEE Sn.25FFF(1A) ON
CLOSURE OF MINING ESTABLISHMENT AND Sn.25FFF(2) ON CONSTRUCTION
ESTABLISHMENT].
 
IN LARGER ESTABLISHMENTS (EMPLOYING MORE THAN 100 WORKMEN ON
AN AVERAGE DURING THE PREVIOUS 12 MONTHS) AS PER Sn.25(O)(8)
COMPENSATION AT THE RATE OF 15 DAYS WAGES PER YEAR OF SERVICE IS
PAYABLE AND AS PER Sn.25J IF UNDER ANY OTHER LAW OR
CONTRACT/STANDING ORDER THEY ARE ELIGIBLE FOR BETTER RATE OF
COMPENSATION THE HIGHER OR BETTER RATE WILL PREVAIL.
 vi) CONSEQUENCIES OF VIOLATING THE PROVISIONS ON CLOSURE

AS PER Sn.25R ANY EMPLOYER WHO CLOSES DOWN AN ESTABLISHMENT WITHOUT

COMPLYING WITH THE PROVISIONS OF Sn.25(O)(1) SHALL BE PUNISHABLE WITH
IMPRISONMENT FOR 6 MONTHS OR WITH FINE UPTO Rs.5,000/- OR BOTH.

vii) SUMMARY OF SECTIONS

2(cc), 25B, 25FA, 25FFF, 25J, 25K, 25L, 25O, 25R, 25S.

e) PROVISIONS FOR ALTERATION OF SERVICE CONDITIONS/ISSUE OF 'NOTICE

OF CHANGE'
 
i) CAN AN EMPLOYER UNILATERALLY ALTER THE CONDITIONS OF SERVICE
APPLICABLE TO WORKMEN ?
 
ON ANY ITEMS LISTED IN SCHEDULE IV OF THE ID ACT, HE CANNOT ALTER,
UNLESS HE GIVES A NOTICE OF CHANGE AS CONTEMPLATED IN SECTION 9A OF THE
ACT.
 
 ii) WHAT KIND OF NOTICE MUST BE GIVEN ?
 
AS PER Sn.9A(b) HE SHOULD GIVE AT LEAST 21 DAYS ADVANCE NOTICE. IF
THE CHANGE IS MADE AS A RESULT OF AN AGREEMENT, NO NOTICE IS
REQUIRED [Sn.9A, PROVISO (a)] OR THE WORKMEN BELONG TO THE
CATEGORIES LISTED IN PART(b) OF THE PROVISO TO 9A. THE NOTICE MUST
BE GIVEN IN FORM-E AS PER RULE 34.
 
Iii) EFFECT OF GIVING NOTICE
 
IF WORKMEN/UNIONS DO NOT OBJECT TO THE CHANGE, THE CHANGE CAN
BE EFFECTED AFTER 21 DAYS [Sn.9A(1)]. IF WORKMEN OPPOSE THE
CHANGE, THE ISSUE WILL BE TAKEN UP IN CONCILIATION AND THE EMPLOYER
WILL HAVE TO AWAIT THE OUTCOME OF THE CONCILIATION
MEETING/ADJUDICATION PROCESS [Sn.33(1)].
 iv) WHAT ARE THE 11 ITEMS LISTED IN SCHEDULE IV FOR WHICH NOTICE OF
CHANGE NEEDS 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 IN FORCE; COMPENSATORY AND OTHER ALLOWANCE;
STARTING ALTERATION OR DISCONTINUANCE OF SHIFT WORKING OTHERWISE
THAN IN ACCORDANCE WITH STANDING ORDERS; 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 INCREASE OR REDUCTION (OTHER THAN CASUAL IN THE
NUMBER OF PERSONS EMPLOYED OR TO BE EMPLOYED IN ANY
OCCUPATION OR PROCESS OR DEPARTMENT OR SHIFT(NOT OCCASIONAED BY
CIRCUMSTANCES OVER WHICH THE EMPLOYER HAS NO CONTROL).
 v) POWER TO EXEMPT

UNDER Sn.9B THE GOVERNMENT HAS POWER TO EXEMPT ANY ESTAB LISHSMENT
FROM THE REQUIREMENT OF GIVING NOTICE OF CHANGE UNDER Sn.9A.

VI PROVISIONS FOR 'RECOVERY OF MONEY DUE FROM AN

EMPLOYER' UNDER THE INDUSTRIAL DISPUTES ACT 1947.

  a) WHO AND WHEN CAN MONEY CLAIMS BE PUT UP ?

 
i) WHAT KIND OF MONEY CLAIMS CAN BE PUT UP UNDER SECTION 33 ?
 
ANY MONIES DUE TO A WORKMAN/WORKMEN UNDER A SETTLEMENT OR AWARD AND
ANY COMPENSATION PAYABLE TO A WORKMAN FOR LAY OFF/ RETRENCHMENT/
CLOSURE [Sn.33C].
 
ii) WHO CAN FILE THE MONEY CLAIMS ?

WORKMAN HIMSELF
ANY OTHER PERSON AUTHORISED
AFTER DEATH OF WORKMAN HIS ASSIGNS/LEGAL HEIRS
[Sn.33C, R-62(1), 62(2)].
 NOTE
 
IF MORE THAN ONE WORKMAN HAVE SIMILAR CLAIMS, THEY CAN ALL
JOINTLY FILE A COMMON CLAIM AS PER Sn.33C(5).
 
iii) TIME LIMIT FOR FILING THE CLAIMS

AS PER FIRST PROVISO TO 33C(1), MUST BE FILED WITHIN ONE YEAR OF THE
AMOUNT BECOMING DUE FOR PAYMENT. AS PER THE SECOND PROVISO TO
33(C )(2), GOVERNMENT CAN CONDONE THE DELAYED SUBMISSION OF
CLAIMS IF PROPER REASON IS PUT UP.
 
b) TYPES OF CLAIMS
 
WHERE ONLY THE RIGHT TO CLAIM IS ESTABLISHED BUT THE EXTENT OF
THE CLAIM OR ITS EXACT MONEY VALUE IS NOT KNOWN A CLAIM ;PETITION
IS TO BE FILED UNDER Sn.33C(1), RULE 62(1) IN FORM K-1 OR K-2. IF THE
ACTUAL MONEY VALUE IS PRE-DETERMINABLE A CLAIM PETITON IS TO BE
FILED UNDER Sn.33C(2), RULE 62(2) IN FORMS K-3 OR K-4.
 
 c) ENFORCEMENT OF CLAIMS

i) GOVERNMENT WILL REFER THE CLAIM PETITION TO THE LABOUR COURT FOR
DETERMINATION

THE COURT WILL PASS NECESSARY AWARD (ORDER) AND SEND IT TO THE
GOVERNMENT [Sn. 33(4)].

THE GOVERNMENT WILL THEN FORWARD THE ORDER TO THE COLLECTOR TO

EXCEUTE THE ORDER BY ATTACHING THE EMPLOYER’S PROPERTY AND
RECOVERING THE MONEY AND PAYING IT TO THE WORKMAN / WORKMEN
[Sn. 33(C)(1),33(C)(4)].

VII. WHAT ARE THE PROVISIONS ON ‘WORKS COMMITTEE’ UNDER

THE INDUSTRIAL DISPUTES ACT 1947?
I. WHAT IS A WORKS COMMITTEE?
IT IS A COMMITTEE CONSISTING OF EQUAL NUMBER OF MANAGEMENT AND WORKMEN
REPRESENTATIVES SET UP FOR PROMOTING AMITY AND GOOD RELATIONS AND
EMPOWERED TO COMMENT ON MATTERS OF COMMON INTEREST AND TO ENDEAVOUR
TOWARDS REDUCING DIFFERENCES IN THE VIEW POINTS BETWEENTHEM [Sn.3(2)].
 ii) WHEN DOES IT BECOME OBLIGATORY TO SET UP A WORKS COMMITTEE ?
 
IN ESTABLISHSMENTS WHICH EMPLOY MORE THAN 100 WORKMEN OR HAD
EMPLOYED MORE THAN 100 WORKMEN ON ANY DAY IN THE PREVIOUS 12
MONTHS, OBLIGATION ACTUALLY ARISES ONLY WHEN THE GOVERNMMENT
THROUGH A GENERAL/SPECIAL ORDER REQUIRES SETTING UP OF A WORKS
COMMITTEE [Sn.3(1)].

iii) MANNER OF CONSTITUTING A WORKS COMMITTEE

 
THE WORKMEN REPRESENTATIVES SHALL BE ELECTED AND MANAGEMENT
REPRESENTATIVES CAN BE NOMINATED [R-40] DIVISION OF
CONSTIUTENCIES WITHIN THE ESTABLISHMENT SHALL BE MADE IN
CONSULTATION WITH THE UNIONS AFTER COMPLYING WITH PROCEDURE
OUTLINED IN RULES 41 TO 43. CANDIDATES CONTESTING SHALL BE AT LEAST
19 YEARS OF AGE AND HAVE AT LEAST ONE YEAR SERVICE. WORKMEN
WHO HAVE AT LEAST SIX MONTHS SERVICE AND ABNOVE THE AGE OF 18
COULD VOTE IN THE ELECTIONS. ELECTIONS SHALL BE CONDUCTED IN
COMPLIANCE WITH THE PROCEDURE LAID DOWN IN RULES 46 TO 50.
 
 iv) OFFICE BEARERS
 
COMMITTEE SHALL HAVE A CHAIRMAN, VICE CHAIRMAN, SECRETARY AND
JOINT SECRETARY [R-52]
 
v) TERM OF OFFICE
 
THE COMMITTEE ONCE SET UP WILL HAVE A TWO YEAR TERM OF OFFICE.
MID TERM VACANCIES SHOLD BE FILLED AS PER RULE 52.
 
vi) MEETINGS
 
COMMITTEE SHALL MEET AT LEAST ONCE IN A QUARTER [R-55] EMPLOYER
SHOULD PROVIDE NECESSARY FACILITIES FOR HOLDING THE MEETINGS [R-
56]
 
vii) DISSOLUTION
 
THE CENTRAL GOVERNMENT OR OTHER AUTHORISED AUTHORITY COULD
DISSOLVE A WORKS COMMITTEE AS PER RULE 57.
 
 viii) SUBMISSION OF RETURNS

THE EMPLOYER IS REQUIRED TO SUBMIT HALF YEARLY RETURN IN FORM G-1

IN TRIPLICATE [R-56-A]
 
ix) SUBJECTS THAT COULD BE DISCUSSED IN THE WORKS COMMITTEE
 
THIS IS NOT SPECIFICALLY LISTED IN THE INDUSTRIAL DISPUTES ACT OR
RULES. HOWEVER THE TRIPARTITE LABOUR CONFERENCE HELD IN 1959
HAS DRAWN UP A LIST OF DOS AND DON'TS FOR THE WORKS COMMITTEE.
 
x) MATTERS THAT COULD BE DISCUSSED AT THE WORKS COMMITTEE
 
CONDITIONS OF WORK SUCH AS VENTILATION, LIGHTING, TEMPERATURE
AND SANITATION, INCLUDING LATRINES AND URINALS. AMENITIES SUCH AS
DRINKING WATER, CANTEEN REST ROOMS, MEDICAL AND HEALTH
SERVICES. SAFETY AND ACCIDENT PREVENTION, OCCUPATIONAL DISEASES
AND PROTECTIVE EQUIPMENTS. ADJUSTMENT OF NATIONAL AND FESTIVAL
HOLIDAYS. PROMOTION OF THIRFT AND SAVINGS.
 xi) MATTERS WHICH CANNOT BE DISCUSSED AT THE WORKS COMMITTEE

WAGES AND ALLOWANCES

BONUS AND PROFIT SHARING BONUS
RATIONALISATION AND MATTERS CONNECTED WITH THE FIXATION OF WORKLOAD
MATTERS CONNECTED WITH THE FIXATION OF A STANDARD LABOUR FORCE
PROGRAMMES OF PLANNING AND DEVELOPMENT
MATTERS CONNECTED WITHRETRENCHMENT AND LAYOFF
VICTOMISATION FOR TRADE UNION ACTIVITIES
PROVIDENT FUND, GRATUITY SCHEME AND RETIREMENT BENEFITS
QUANTUM OF LEAVE AND NATIONAL AND FESTIVAL HOLIDAYS
INCENTIVE SCHEME
HOUSING AND TRANSPORT SERVICE.

b) PROVISIONS ON 'UNFAIR LABOUR PRACTICE'

 
i) PROHIBITION ON EMPLOYER/UNIONS/WORKMEN
 
SECTION 25 T OF THE ID ACT PROHIBITS EMPLOYERS/WORKMEN/UNIONS INDULGING
IN ACTS LISTED AS UNFAIR LABOUR PRACTICES UNDER SCHEDULE-V TO THE ID ACT [Sn.2(ra),
25T, Sch.V]
•  
 ii) WHAT ARE THE UNFAIR LABOUR PRACTICES LISTED AGAINST EMPLOYERS ?
 
THE FOLLOWING ARE THE IMPORTANT UNFAIR LABOUR PRACTICES LISTED
AGAINST EMPLOYERS :
 
1) THREATENING WORKMEN WITH DISCHARGE/DISMISSAL/LOCKOUT FOR
PREVENTIONG TRADE UNION FORMATION.

2) GRANTING WAGE INCREASE AIMED AT PREVENTING TRADE UNION

FORMATION
 
3) FINANCING OR ASSISTING IN FORMATION OF EMPLOYER SPONSORED
UNIONS
 
4) TAMPERING WITH SENIORITY/PROMOTION OF WORKMEN WITH A VIEW TO
OBSTRUCT THE GROWTH OF PARTICULAR UNION
 
5) VICTIMISING WORKMEN FOR TRADE UNION ACTIVITIES
 6) REPLACING REGULAR JOBS WITH CONTRACT WORKMEN WITH A VIEW TO
BREAK A STRIKE
 
7) MALAFIDE TRANSFER OF WORKMEN
 
8) FORCING WORKMEN ON A LEGAL STRIKE TO GIVE GOOD CONDUCT BONDS

9) EXPLOITING WORKERS BY KEEPING THEM AS

CASUALS/TEMPORARIES/BADLIS FOR LONG YEARS

10) REFUSE TO IMPLEMENT SETTLEMENTS/AWARDS

11) FAILURE TO IMPLEMENT SETTLEMENTS/AWARDS

12) CONTINUIGN WITH ILLEGAL LOCKOUTS

13) INDULGE IN ACTS OF FORCE/VIOLENCE [Sch.V(1)]

iii) UNFAIR LABOUR PRACTICES LISTED AGAINST UNIONS/WORKMEN

1) SUPPORTING/INSTIGATING ILLEGAL STRIKES

2) FORCING WORKMEN TO JOIN A UNION

 
3) PICKETING / OBSTRUCTING / THREATENING NON-STRIKING WORKMEN

4) REFUSING TO PARTICIPATE IN COLLECTIVE BARGAINING

5) INDULGING IN GO-SLOW/SQUATTING

6) DEMONSTRATION AT RESIDENCE OF EMPLOYER

7) WILFUL DAMAGE OF EMPLOYERS PROPERTY [Sch V(II)]

 iv) CONSEQUENCES OF INDULGING IN UNFAIR LABOUR PRACTICES
 
AS PER Sn 25U ANY PERSON INDULGING IN UNFAIR LABOUR PRACTICE SHALL BE
PUNISHABLE ` BY IMPRISONMENT UPTO SIX MONTHS OR FINE OF UPTO Rs.1000/-
OR BOTH [Sn.25U].

c) PROVISIONS ON GRIEVANCE SETTLEMENT

 
AS PART OF THE 1982 AMENDMENT A GRIEVANCE SETTLEMENT MACHINERY WAS
INCORPORATED IN THE INDUSTRIAL DISPUTES ACT. ACCORDINGLY SECTION 9C WAS
INCORPORATED IN THE ACT. THIS SECTION HAS HOWEVER NOT BEEN NOTIFIED FOR
IMPLEMENTATION SO FAR. SECTION 9C(4) CONTEMPLATES THAT NO DISPUTES
SHOULD BE REFERRED FOR ADJUDICATION UNTIL THE GRIEVANCE SETTLEMENT
PROCEDURE IS EXHAUSED.

d) PROVISIONS ON REPRESENTAITION OF PARTIES

 
i) BAN ON APPEARANCE OF LEGAL PRACTICTIONERS [Sn.36]

SECTION 36(3) OF THE ACT PROHIBITS APPEARANCE OF ADVOCATES. HOWEVER,

SECTION 36(4) PERMITS APPEARANCE OF LEGAL PRACTITIONERS WITH THE
CONSENT OF THE OTHER PARTY AND LEAVE OF THE PRESIDING OFFICERS.
 
ii) WHO CAN REPRESENT THE WORKMEN [Sn.36(1),(a),(b),(c)] ?

ANY EXECUTIVE MEMBER OR OFFICE BEARER OF A REGISTERED TRADE

UNION. ANY EXECUTIVE MEMBER OF FEDERATION TO WHICH THE TRADE
UNION IS AFFILIATED. IIF A WORKMAN IS NOT A MEMEBR OF ANY UNION HE
CAN AUTHORITIRSE ANY CO-WORKER OR ANY UNION LEADER TO
REPRESENT HIM.

iii) WHO CAN REPRESENT AN EMPLOYER [Sn.36(2)(a),(b),(c)] ?

AN OFFICER OF AN ASSOCIATION OF EMPLOYERS. AN OFFICER OF A

FEDERATION TO WHICH THE EMPLOYERS ASSOCIATION IS AFFILIATED. IF NOT
BELONGING TO ANY ASSOCIATION CAN AUTHORISE ANY OTHER EMPLOYER IN
THE INDUSTRY OR ANY OFFICE BEARER OF AN ASSOCIATION OF
EMPLOYERS.
 e) PROVISIONS ON 'SETTLEMENT'

i) WHAT IS MEANT BY A SETTLEMENT [Sn.2(p)] ?

 
AN AGREEMENT ARRIVED AT BETWEEN THE EMPLOYER AND WORKMEN.

ii) TYPES OF SETTLEMENTS [Sn.12(3), 18(1), 18(30]

 
TRIPARTITE SETTLEMENTS UNDER SECTION 12(3) ARRIVED AT WITH HELP OF
CONCILITION OFFICER/BOARD. BIPARTITE SETTLEMENT ARRIVED AT WITHOUT
CONCILIATION ASSISTANCE BUT SENT JOINTLY TO CONCILIATION OFFICER FOR
REGISTRATION AS A SETTLEMENT UNDER SECTION 18(3). BIPARTITE SETTLEMENTS
ARRIVED AT BETWEEN THE PARTIES UNDER SECTION 18(1) WITH NO NOTICE TO OR
ASSISTANCE FROM CONCILIATION OFFICER.

iii) ON WHOM ARE SETTLEMENTS BINDING [Sn.18(1), 18(3)] ?

 
BIPARTITE SETTLEMENTS UNDER 18(1) OR 18(3) ARE BINDING ONLY ON THE PARTIES
THAT SIGNED THE SETTLEMENT (IT CANNOT BE ENFORCED ON OTHER UNIONS OR
WORKERS WHO ARE NOT PARTIES TO THE SETTLEMENT).
 
 A TRIPARTITE SETTLEMENT THROUGH CONCILIATION UNDER 12(3) IS ENFORCEABLE
AGAINST :

- ALL PARTIES TO THE DISPUTES

- ALL OTHER PARTIES SUMMONED TO THE CONCILIATION
PROCEEDINGS
- IN THE CASE OF EMPLOYER ON HIS HEIRS/SUCCESSORS/ASSIGNS
- IN THE CASE OF WORKMENON ALL WORKMEN ON THE ROLLS ON
DATE OF SETTLEMENT AND ALL FUTURE EMPLOYEES OF THAT
ESTABLISHMENT
 
iv) WHEN DOES A SETTLEMENT COME INTO OPERATION [Sn.19(1)] ?

FROM THE DATE AGREED TO AND INDICATED IN THE SETTLEMENT. IF DATE IS

SILENT, FROM THE DATE OF SIGNING SETTLEMENT.

v) HOW LONG WILL IT BE BINDING OR PERIOD OF ITS VALIDITY [Sn.19(1)] ?

 
FOR A MINIMUM PERIOD OF SIX MONTHS IF NO PERIOD IS INDICATED, OR FOR THE
LONGER PERIOD INDICATED IN THE SETTLEMENT.
 
 vi) WILL THE OBLIGATIONS ON THE PARTIES CEASE ON THE EXPIRY OF
VALIDITY PERIOD [Sn.19(2), 19(6)] ?
 
OBLGATIONS CONTINUE EVEN BEYOND THE AGREED PERIOD AND WILL CONTINUE
TILL PROPER NOTICE OF TERMINATION IS GIVEN UNDER SECTION 19(2) AND TWO
MONTHS HAVE EXPIRED AFTER ISSUE OF NOTICE OFTERMINATION. AS PER
JUDICIAL DECISIONS THE TERMS OF SETTLEMENT WILL CONTINUE TO BE IN FORCE
EVEN AFTER TERMINATION TILL ANOTHER AGREEMENT IS REACHED REPLACING
THE CORRESPONDING TERMS IN THE OLD AGREEMENT.

vii) WHO IS COMPETENT TO ISSUE NOTICE OF TERMINATION [Sn.19(7)] ?

 
ONLY A PARTY REPRESENTING THE MAJORITY OF THE PERSONS BOUND BY THE
SETTLEMENT CAN ISSUE A VALID NOTICE OF TERMINATION.

viii) WHO IS COMPETENT TO SIGN A SETTLEMENT [RULE 58(2)] ?

 
IN CASE OF EMPLOYER, HIMSELF/HIS AUTHORISED AGENT/MANAGER OR
PRINCIPAL OFFICER. IN CASE OF WORKMEN BY A TRADE UNION OFFICE BEARER
(PRESIDENT/VICE PRESIDENT/ SECRETARY OR GENERAL SECRETARY/JOINT
SECRETARY OR ANY OTHER AUTHORISED OFFICE BEARER). IN CASE OF AN
INDIVIDUAL DISPUTE UNDER 2(A) BY WORKMAN HIMSELF.
ix. ROLE OF CONCILIATION OFFICER [Sn. 12(3), Rules 58(1), (3) & 75]
TO RECORD THE SETTLEMENT IN FORM H UNDER Rule 58 (1).
TO MAINTAIN A REGISTER OF ALL SETTLEMENTS UNDER Rule 75.
TO SEND A COPY OF SETTLEMENT TO THE APPROPRIATE GOVERNMENT.
NOTE:
WHERE THERE IS MULTIPLICITY OF UNIONS AND INTER UNION RIVALRY, IT IS
PRUDENT TO SIGN ONLY TRIPARTITE CONCILIATION SETTLEMENTS UNDER Section
12 (3) RATHER THAN GO IN FOR BIPARTITE AGREEMENTS UNDER Section 18 (3) OR
18 (1). WHILE A TRIPARTITE SETTLEMENT IS ENFORCEABLE AGAINST ALL, A
BIPARTITE AGREEMENT BINDS ONLY ON THE PARTIES TO THE SETTLEMENT.

f) PROVISIONS ON AWARDS
I. WHAT IS MEANT BY AN ‘AWARD’ [Sn. 2 (b)]?
AN AWARD IS AN INTERIM OR FINAL ORDER PASSED BY THE FOLLOWING DISPUTE
SETTLING AUTHORITIES UNDER THE I.D. ACT.
- LABOUR COURT UNDER Sn. 7
- INDUSTRIAL TRIBUNAL OR NATIONAL TRIBUNAL UNDER SECTION 7(A) OR 7(B)
- AN ARBITRATOR UNDER SECTION 10 (A)
 ii) TYPES OF AWARDS [Sn.7, 7A, 7B]

LABOUR COURTS GIVE AWARDS ON ITEMS LISTED IN SCHEDULE-II OF THE ID ACT

TRIBUNALS/ NATIIONAL TRIBUNALS GIVE AWARDS ON ITEMS LISTED IN SCHEDULE-
III OF THE ID ACT. ARBITRATORS GIVE AWARD ON SUBJECT REFERRED TO THEM
UNDER THE ARBITRATION AGREEMENT.
 
iii) PUBLICATION OF AWARDS ANDA THEIR FINALITY [Sn.17(1)(2),15,17(B)]
 
UNLIKE THE CIVIL/CRIMINAL COURTS, LABOUCOURTS/TRIBUNALS/ADJUDICATORS
UNDER THE ID AC CANNOT PRONOUNCE THEIR DECISIONS/ORDERS IN COURTS.
THEIR DECISIONS/ORDERS ARE TO BE SENT TO THE APPROPRIATE GOVERNKENT.
THE APPROPRIATE GOVERNMENT IS TO THEN PUBLISH IT WITHIN 30 DAYS OF
RECEIPT OF THE ORDER. SUBJECT TO PROVISION OF SECTION 17A, THE AWARDS
ARE FINAL AND CANNOT BE CHALLENGED IN ANY COURT. HOWEVER AWARDS
PERTAINING TO REINSTATEMENT OF DISMISSED WORKMEN CAN BE CHJALLENGED
IN SUPREME COURT/HIGH COURT. SECTON 17 B STIPULATES THAT IN SUCH CASES
THE EMPLOYER MUST PAY FULL LAST DRAWNWAGES TILL THE SIT IS DISPOSED
OFF BY THE HIGH COURT/ SUPREME COURT.
IV ON WHOM ARE AWARDS BINDING [Sn.18(3)] ?

AS PER SECTION 18(3) AWARDS ARE BINDING ON THE

OLLOWING :

ALL PARTIES TO THE DISPUTE

ALL OTHER PARTIES SUMMONED TO APPEAR IN THE PROCEEDINGS
INCASE OF EMPLOYER ON HIS HEIRS/SUCCESSORS/ASSIGNS
IN CASE OF WORKMEN,ON ALL WORKMEN ON THE ROLLS ON THE
DATE THE DISPUTE AROSE AND ALL FUTURE EMPLOYEES OF THAT
ESTABLISHMENT.

V WHEN DOES AN AWARD COME INTO OPERATION OR BECOME

ENFORCEABLE ?

[Sn.17 (A), 17(1),(2), (3), (4)] IT BECOMES ENFORCEABLE ON THE

EXPIRY OF 30 DAYS FROM THE DATE OF ITS PUBLICATION BY THE
GOVERNMENT UNDER Sn.17.
NOTE :

UNDER THE PROVISO TO Sn.17, GOVERNMENT EMPOWERED TO

HOLD UP THE ENFORCEMENT OF THE AWARD IN PART OR FULL IN
PUBLIC INTEREST BUT MUST THEN PUT UP THE AWARD BEFORE THE
LEGISLATURE FOR A FINAL DECISION ON ITS ENFORCEMNE.T

VI WHAT IS THE PERIOD OF VALIDITY OF AN AWARD ?

[Sn.19(3),(4),(5)] AS PER SECTION 19(3) IT SHALL BE IN FORCE

FOR ONE YEAR FROM THE DATE IT BECOMES ENFORCEABLE UNDER
SECTION 17(A) STATEGOVERNMENT CANE XTEND THIS PERIOD FOR
ONE YEAR AT A TIME SUBJECT TO THE TOTAL VALIDITY PERIOD NOT
EXCEEDING THREE YEARS. UNDER SECTION 19(4) GOVERNMENT
EMPOWERED TO SEEK REDUCTION OF THE NORMAL PERIOD BY
REFERRING IT TO THE ADJUDICATING AUTHORITY.
VII) WILL THE OBLIGATIONS ON THE PARTIES CEASE ON EXPIRY OF THE
VALIDITY PERIOD [Sn.19(2), (3), (6)] ?

OBLIGATIONS CONTINUE EVEN AFTER THE VALIDTY PERIOD

TILL PROPER NOTICE OF TERMINATION IS GIVEN UNDER
Sn.19(6) AND TWO MONTHS HAVE ELAPSED FROM DATE OF
NOTICE.

VIII) WHO IS COMPETENT TO ISSUE NOTICE OF TERMINATION ?

ONLY A PARTY REPRESENTING THE MAJORITY OF THE PERSONS

BOUND BY THE AWARD CAN ISSUE A VALID NOTICE OF
TERMINATION.