SALIENT FEATURES OF THE

INDUSTRIAL DISPUTES ACT,

1947

BY

Vinay R. Menon
e.mail: [email protected]
 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
 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
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 :
 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
 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
 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 SIGNIFICA - IT PLACES MAKE CHANGES IN SERVICE

NCE OF   CERTAIN CONDITONS OF WORKMEN 
SECTION TEMPORARY TO AWARD PUNISHMENT
33  RESTRICTIONS OF DISMISSAL/DISCHARGE
ON ON ANY WORKMAN
EMPLOYERS
RIGHT TO:  TO IMPOSE ANY KIND OF
PUNISHMENT ON UNION
OFFICE BEARERS TREATED
I ARE THESE - NO. [THERE AS ‘PROTECTED WORKMEN’
I RESTRICTI   ARE NO
ONS RESTRICTIONS
ALWAYS IF NO
APPLICABL PROCEEDING
E ?  IS PENDING
[Sn 33(1)] 
III THEN WHEN -  IT APPLIES - CONCILIATION
ARE THEY ONLY DURING - ADJUDICATION
APPLICABLE ‘THE PERIOD -  ARBITRATION
?  OF PENDENCY
OF ANY ONE OF [Sn 33(1)] 
THE
FOLLOWING
IV WHAT IS - CONCILIATION
PROCEEDINGS: IS DEEMED TO
MEANT BY   COMMENCE AND CONCLUDE WHEN
‘PERIOD OF 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
CONTINGE TAKE PRIOR TAKE POST FACTO
NCY WRITTEN APPROVAL 
PERMISSION
ALTERATION OF SERVICE CONDITIONS
A WHEN EMPLOYER ACTION ONLY
WANTS TO ALTER AFTER
A GETTING
NA 
MATTER/SERVICE PRIOR
CONDITION WHICH WRITTEN
IS THE SUBJECT PERMISSION
B  MATTER OF THE
WHEN SERVICE FROM   NO PERMISSION
DISPUTE
CONDITIONS/ ANY AUTHORITY  OR APPROVAL IS
 
OTHER MATTER REQUIRED IF THE
NA 
NOT CONNECTED ACTION IS AS PER
WITH THE APPLICABLE
PENDING DISPUTE STANDING ORDER
ARE TO BE PROVISIONS OR
ALTERED IN CASE PREVAILING
OF PERSONS SERVICE RULES.
CONCERNED IN
 DISMISSAL ORDERS
A  DISCIPLINARY ANY  
ACTION AGAINST DISCIPLINARY  
A WORKMAN PUNISHMENT NA 
FOR A ONLY AFTER
MISCONDUCT GETTING
CONNECTED PRIOR
B WITH THE
DISCIPLINARY  
WRITTEN ONLY FOR
PENDING
ACTION AGAINST PERMISSION  TERMINATION.
DISPTUTE [Sn
A CONCERNED   ON THE DATE OF
33(I)(b)]
WORKMAN FOR ISSUE OF
A MISCONDUCT   TERMINATION
NOT CONNECTED NA  ORDER PAY ONE
WITH THE MONTHS SALARY
PENDING   WITHOUT ANY
DISPUTE [Sn DEDUCTIONS AND
33(2)(b)]  ON THE SAME
DAY FILE AN
APPROVAL
PETITION. 
 PROTECTED WORKMEN
PUNISHING ANY KIND OF IF NOT A
‘PROTECTED PUNISHMENT ‘PROTECTED
WORKMEN’ TO WORKMAN’ FILE
[Sn 33(3), R-62] ‘PROTECTED APPROVAL
WORKMEN’ PETITION (ONLY
MUST BE FOR
GIVEN ONLY TERMINATION
AFTER CASES) 
V WHERE TO FILE APPLYING
PERMISSIONAND
OR APPROVAL
I APPROVAL/PERMI GETTING
APPLICATIONS TO BE FILED
SSION WRITTEN
BEFORE THE DISPUTE PENDING
APPLICATIONS PERMISSION 
AUTHORITY
IF DISPUTE PENDING BEFORE
MORE THAN ONE AUTHROTITY –
EMPLOYER CAN CHOOSE ANY ONE
OF THEM
VI IS THERE ANY SEE THE APPLICABLE STATE RULES
I SPECIFIC IN KERALA THE APPLICABLE RULE &
FORMAT FORMAT ARE AS FOLLOWS:
CONTINGE RULE NO.  IN FORM NO.
NCY
FOR 61(1) & J
PERMISSIO (3) (4) &
N (5)
PETITIONS
FOR 61(2) (3) K
APPROVAL (4) & (5) 
PETITIONS
VI WHAT CAN A AS PER SECTION 33(A) AND RULE 60
II WORKMAN DO (1) (2) (3) (4) HE CAN FILE A
WHEN COMPLAINT TO THE AUTHORITY
EMPLOYER BEFORE WHOM PROCEEDING IS
DOES NOT PENDING
IX COMPLY WITH
CONSEQUENCES THE WORKMAN HAS TO BE
SECTION 33 
OF APPROVALS REINSTATED IN SERVICE AND
NOT BEING GIVEN FULL BACK PAY AND
GRANTED  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
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

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
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
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
 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
 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
 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
 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)]

 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

 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 APPLICABLEONLY
TO THREE CATEGORIES OF INDUSTRIAL ESTABLISHMENTS, VIZ
FACTORIES, MINES AND PLANTATIONS [25L(a)].
 
2) PUBLIC SECTOR UNDERTAKINGS IN WHICH CENTRAL
 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
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
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
 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
 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
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
 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
 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
 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
 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
 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
 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 ?
 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
 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)].

X. WHAT ARE THE PROVISIONS ON ‘WORKS

COMMITTEE’ UNDER THE INDUSTRIAL
DISPUTES ACT 1947?
XII. 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
 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
 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
 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
 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
 
 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
 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]
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
 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
 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
 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)] ?
 
• 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
 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
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.

VI) 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.