INDUSTRIAL DISPUTES ACT, 1947

INDUSTRIAL DISPUTES ACT, 1947

Preamble - THE INDUSTRIAL DISPUTES ACT, 1947

THE INDUSTRIAL DISPUTES ACT, 1947[1]

[Act No. 14 of 1947]

[11th March, 1947]

PREAMBLE

An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes.

WHEREAS it is expedient to make provision for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing:

It is hereby enacted as follows:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Industrial Disputes Act, 1947.

[2][(2) It extends to the whole of India.]

[3][***]

(3) ??It shall come into force on the first day of April, 1947.

Section 2 -

In this Act, unless there is anything repugnant in the subject or context,--

(a)      "appropriate Government" means?

(i)       in relation to any industrial dispute concerning [4][* * *] any industry carried on by or under the authority of the Central Government, [5][* * *] or by a railway company [6] [or concerning any such controlled industry as may be specified in this behalf by the Central Government] [7][* * *] or in relation to an industrial dispute concerning [8][[9][[10] [[11] [a Dock Labour Board established under Section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or [12][the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956)] or the Employees' State Insurance Corporation established under Section 3 of the Employees' State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under Section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under Section 5A and Section 5B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), [13][***] or the Life Insurance Corporation of India established under Section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or [14][the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)], or the Deposit Insurance and Credit Guarantee Corporation established under Section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing Corporation established under Section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India established under Section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under Section 16, of the Food Corporations Act, 1964 (37 of 1964), or [15][the Banking Service Commission established under section 3 of the Banking Service Commission Act, 1975, or] [16][the Airports Authority of India constituted under Section 3 of the Airports Authority of India Act, 1994 (55 of 1994)], or a Regional Rural Bank established under Section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India Limited], [17][the National Housing Bank established under Section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or [18][[19] [an air transport service, or a banking or an insurance company,] a mine, an oil field,] [20][a Cantonment Board,] or a [21][major port, any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government, and]]

[22][(ii) in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government:

Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment.]

[23][(aa) "arbitrator" includes an umpire;]

[24][[25][(aaa)] "average pay" means the average of the wages payable to a workman--

(i)       in the case of monthly paid workman, in the three complete calendar months,

(ii)      in the case of weekly paid workman, in the four complete weeks,

(iii)     in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;]

(b)      ??award? means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A;

(bb) ??banking company? means a banking company as defined in Section 5 of the Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, and includes the Export-Import Bank of India, the Industrial Reconstruction Bank of India, the Small Industries Development Bank of India established under Section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of India, the State Bank of India 4[,a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) [26][a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank]] as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);

(c)      ?Board? means a Board of Conciliation constituted under this Act;

(cc) ??closure? means the permanent closing down of a place of employment or part thereof;

(d)      ??conciliation officer? means a conciliation officer appointed under this Act;

(e)      ??conciliation proceeding? means any proceeding held by a conciliation officer or Board under this Act;

(ee) ??controlled industry? means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;

(f)       ??Court? means a Court of Inquiry constituted under this Act;

(g)      ??employer? means,?

(i)       in relation to an industry carried on by or under the authority of any department of [27][the Central Government or a State Government], the authority prescribed in this behalf, or where no authority is prescribed, the head of the department;

(ii)      in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority;

(gg)? ??executive?, in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted;]

(h)     ****]

(i)       a person shall be deemed to be ?independent? for the purpose of his appointment as the chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute:

Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate Government the nature and extent of the shares held by him in such company;

(j)       ??industry? means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen;

(k)      ??industrial dispute? means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person;

(ka) ???industrial establishment or undertaking? means an establishment or undertaking in which any industry is carried on:

Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,?

(a)      if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking;

(b)      if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;]

(kk) ?insurance company? means an insurance company as defined in Section 2 of the Insurance Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State;]

(kka) ?khadi? has the meaning assigned to it in clause (d) of Section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);

(kkb) ?Labour Court? means a Labour Court constituted under section 7;

(kkk) ?lay-off? (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery 5[or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.

Explanation.?Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:

Provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:

Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;]

(l)       ??lock-out? means the6[temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;

(la)?? ??major port? means a major port as defined in clause (8) of Section 3 of the Indian Ports Act, 1908 (15 of 1908);

(lb)?? ??mine? means a mine as defined in clause (j) of sub-section (1) of Section 2 of the Mines Act, 1952 (35 of 1952)];

(ll) ????National Tribunal? means a National Industrial Tribunal constituted under section 7B;]

(lll) ????office bearer?, in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;

(m)    ??prescribed? means prescribed by rules made under this Act;

(n)     ??public utility service? means?

(i)       any railway service or any transport service for the carriage of passengers or goods by air;

(ia) ??any service in, or in connection with the working of, any major port or dock;]

(ii)      any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends;

(iii)     any postal, telegraph or telephone service;

(iv)    any industry which supplies power, light or water to the public;

(v)      any system of public conservancy or sanitation;

(vi)    any industry specified in the First Schedule which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification:

Provided that the period so specified shall not, in the first instance, exceed [28]six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate Government public emergency or public interest requires such extension;

(o)      ?railway company? means a railway company as defined in Section 3 of the Indian Railways Act, 1890 (9 of 1890);

(oo)? ??retrenchment? means the termination by the employer of the service of a workman for any any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include?

(a)      voluntary retirement of the workman; or

(b)      retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or

(bb) ?termination of the service of the workman as a result of the non-renewal of the contract contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or

(c)      termination of the service of a workman on the ground of continued ill-health;

(p)      ??settlement? means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to 5[an officer authorised in this behalf by] the appropriate Government and the conciliation officer;

(q)      ??strike? means a cessation of work by a body of persons employed in any industry acting in combination or a concerned refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment;

(qq) ?trade union? means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);

(r)      ??Tribunal? means an Industrial Tribunal constituted under section 7A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;

(ra) ???unfair labour practice? means any of the practices specified in the Fifth Schedule;

(rb) ???village industries? has the meaning assigned to it in clause (h) of Section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);

(rr)? ??wages? means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes?

(i)       such allowances (including dearness allowance) as the workman is for the time being entitled to;

(ii)      the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply offoodgrains or other articles;

(iii)     any travelling concession;

(iv)    any commission payable on the promotion of sales or business or both;

but does not include?

(a)      any bonus;

(b)      any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force;

(c)      any gratuity payable on the termination of his service;]

(s)      ??workman? means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person?

(i)       who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii)      who is employed in the police service or as an officer or other employee of a prison; or

(iii)     who is employed mainly in a managerial or administrative capacity; or

(iv)    who, being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.

STATE AMENDMENTS

Rajasthan:

[29] [In section 2, after clause (aa), now re-lettered as clause (aaa), insert the following clauses, namely,--

"(aaa) 'arbitration proceeding' means--

(i)       any proceeding under Chapter IIIA of this Act before an arbitrator, or

(ii)      any proceeding before an Industrial Tribunal in arbitration;

(aaaa) 'arbitrator' means an arbitrator to whom a dispute is referred for arbitration under the provisions of Chapter IIIA of this Act and includes an umpire.]

[30][(b) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A;]

[31][In section 2, in clause (b), for the words, figures and letter "under section 10A", substitute the words, figures and letter "under Chapter IIIA.]

[32][(bb) "banking company" means a banking company as defined in Section 5 of the [33]Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, and includes [34][the Export-Import Bank of India] [35][the Industrial Reconstruction Bank of India,] [36][***], [37] [the Small Industries Development Bank of India established under Section 3 of the Small Industries Development Bank of India Act, 1989], the Reserve Bank of India, the State Bank of India, [38][a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) [39][a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank], as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]

(c) ??"Board" means a Board of Conciliation constituted under this Act;

[40][(cc) "closure" means the permanent closing down of a place of employment or part thereof;]

(d) ??"conciliation officer" means a conciliation officer appointed under this Act;

(e) ??"conciliation proceeding" means any proceeding held by a conciliation officer or Board under this Act;

[41][(ee) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;]

[42][In section 2, after clause (eee) (now omitted), insert the following clause, namely:--

"(eee) 'member' means a person who is an ordinary member of a Union and who has paid a subscription of not less than four annas per month:

Provided that no person shall at any time be deemed to be a member if his subscription is in arrears for a period of three months or more next preceding such time."

(f) ??"Court" means a Court of Inquiry constituted under this Act;

(g) ??"employer" means--

(i)       in relation to any industry carried on by or under the authority of any department of [43][the Central Government or a State Government,] the authority prescribed in this behalf, or where no authority is prescribed, the head of the department;

(ii)      in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority;

[44][In section 2

In clause (g), in sub-clause (ii), insert the following sub-clause, namely:--

"(iii) ?where the owner of any industry in the course of or for the purpose of conducting the industry contracts with any person for the execution by or under the contractor of the whole or any part of any work which is ordinarily a part of the industry, the owner of the industry."

[45][(gg) "executive", in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted;]

[46][***]

(i) ???a person shall be deemed to be "independent" for the purpose of his appointment as the Chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute:

[47][Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate Government the nature and extent of the shares held by him in such company;]

[48][(j) "industry" means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not, -

(i)       any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes ?

(a)      any activity of the Dock Labour Board established under Section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1949);

(b)      any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include ?

(1)     any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.

Explanation : For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951); or

(2)   hospitals or dispensaries; or

(3)   educational, scientific, research or training institutions; or

(4)   institutions owned or managed by organizations wholly or substantially engaged in any charitable, social or philanthropic service; or

(5)   khadi or village industries; or

(6)   any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or

(7)   any domestic service; or

(8)   any activity, being a profession practiced by an individual or body of individuals, if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten; or

(9)   any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten;]

(k)? ?"industrial dispute" means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any persons;

[49][In section 2, in clause (oo)--

(i)       in sub-clause (c), at the end, insert the word "or";

(ii)      after sub-clause (c), insert the following clause, namely:--

"(d)? ?termination of the service of a workman in an industrial establishment situate in the Special Economic Zone declared as such by the Government of India;"

[50][In section 2, after clause (oo), insert the following clause, namely:--

"(ooo) 'Registrar means the person for the time being appointed to be the Registrar of Unions under this Act and includes, in respect of such powers and duties of the Registrar as may be conferred and imposed on him, an Assistant Registrar of Unions;"

(oooo) 'Representative Union' means a Union for the time being registered as a Representative Union under this Act.]

[51][In section 2, in clause (oo)--

(a)      after the words "termination by the employer" insert the words "by notice or otherwise".

(b)      Omit sub-clause (c).]

[52][(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to [53][an officer authorised in this behalf by] the appropriate Government and the conciliation officer;]

(q) "strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment;]

[54][In section 2, after clause (rr), insert the following clause, namely:--

"(rrr) 'Union' means a Trade Union of employees registered under the Indian Trade Unions Act, 1926 (Central Act 16 of 1926)".

[55][(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person--

(i)       who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950). or the Navy Act, 1957 (62 of 1957); or

(ii)      who is employed in the police service or as an officer or other employee of a prison; or

(iii)     who is employed mainly in a managerial or administrative capacity; or

(iv)    who, being employed in a supervisory capacity, draws wages exceeding [56][ten thousand rupees] per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.]

[57][In section 2, in clause (s), after the words "employed in any industry", insert the words "by an employer or by a contractor in relation to the execution of his contract with such employer.]

[58][In Section 2

(a)      the existing sub-clause (iii) of clause (g) shall be deleted; and

(b)      in clause (s), the existing expression "by an employer or by a contractor in relation to the execution of his contract with such employer" shall be deleted.]

Gujarat:

[59][In Section 2-

The following proviso shall be substituted, namely:-

"Provided that the period so specified shall not, in the first instance, exceed one year but may, by a like notification, be extended from time to time, by any period not exceeding two years, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension;".]

[60][In Section 2-

(1)     in clause (k), the words and letters "but does not include the termination of the service of a workman in accordance with the provisions of Chapter-V-D" shall be added at the end;

(2)     in clause (oo),-

(i)       in sub-clause (c), the word "or" shall be added at the end;

(ii)      after sub-clause (c), the following sub-clause shall be added, namely :-

"(d) ?termination of the service of a workman in an industrial establishment situate in the Special Economic Zone declared as such by the Government of India";

(3)     after clause (q), the following clause shall be inserted, namely :-

"(qa) "termination" means discontinuation by the employer of the service of a workman in an industrial establishment situate in the Special Economic Zone declared as such by the Government of India for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include-

(a)      voluntary retirement of the workman; or

(b)      retirement of the workman on reaching the age of superannuation if the contracty of employment between the employer and the workman concerned contains a stipulation in that behalf; or

(c)      termination of the service of the workman as a result of the non renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]

Gujarat:

[61][In section 2, after clause (ee), insert the following clause, namely:--

"(eee) 'Council' means a Joint Management Council for any industrial establishment constituted under section 3A.]

[62][***]

[63][In section 2

In clause (k), at the end, insert the words and letters "but does not include the termination of the service of a workman in accordance with the provisions of Chapter VD."

[64][(ka) "Industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried on :

Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then--

(a)      if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking;

(b)      if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment, or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;]

[65][(kk) "insurance company" means an insurance company as defined in Section 2 of the Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State;]

[66][(kka) "khadi" has the meaning assigned to it in clause (d) of Section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);]

[67][(kkb) "Labour Court" means a Labour Court constituted under section 7;]

[68][(kkk) "lay-off (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of sks or the breakdown of machinery [69][or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.

Explanation.-- Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:

Provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:

Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;]

[70][In section 2, after clause (q), insert the following clause, namely:--

"(qa) "termination means discontinuation by the employer of the service of a workman in an industrial establishment situate in the Special Economic Zone declared as by the Government of India for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include-

(a)      voluntary retirement of the workman; or

(b)      retirement of the workman on reaching the age of superannuation of the contract of employment between the employer and the workman concerned contain a stipulation in that behalf; or

(c)      termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or

(d)      termination of the service of a workman on the ground of continued ill-heath;]

[71][(qq) "trade union" means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);]

[72][(r) "Tribunal" means an Industrial Tribunal constituted under section 7A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;]

[73][(ra) "unfair labour practice" means any of the practices specified in the Fifth Schedule;

(rb) "village industries" has the meaning assigned to it in clause (h) of Section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);]

[74][(rr) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes--

(i)       such allowances (including dearness allowance) as the workman is for the time being entitled to;

(ii)      the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food grains or other articles;

(iii)     any travelling concession;

[75][(iv) any commission payable on the promotion of sales or business or both;]

but does not include--

(a)      any bonus;

(b)      any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force;

(c)      any gratuity payable on the termination of his service;]

[76][In the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter referred to as "the Industrial Disputes Act"), in section 2, in clause (n), for the existing proviso to sub-clause (vi), the following proviso shall be substituted, namely:-

"Provided that the period so specified shall not, in the first instance, exceed one year but may, by a like notification, be extended from time to time, by any period not exceeding two years, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension;]

Maharashtra:

[77][In section 2, in clause (kkk) after the words "the breakdown of machinery", insert the following words, namely:--

"or on account of discontinuance or reduction of the supply of power to the industrial establishment for contravention of any provisions of the Bombay Electricity (Special Powers) Act, 1946 or of any directions issued thereunder".]

[78][In Section 2

In sub-clause (iv), for the words "one thousand six hundred rupees" the words "six thousand five hundred rupees" shall be substituted.]

West Bengal:

[79][In section 2, in clause (kkk), in Explanation, for the words beginning with "Every workman" and ending with "so presenting himself", substituted the following words, namely:--

"No workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and, given employment by the can be laid-off for that day but if any such workman is not given employment by the employer within two hours of his so presenting himself, he".

(l) "lock-out" means the [80][temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;

[81][(la) "major port" means a major port as defined in clause (8) of Section 3 of the Indian Ports Act, 1908 (15 of 1908);

(lb) "mine" means a mine as defined in clause (j) of sub-section (1) of Section 2 of the Mines Act, 1952 (35 of 1952);]

[82][(ll) "National Tribunal" means a National Industrial Tribunal constituted under section 7B;]

[83][(lll) "office bearer", in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;]

(m) "prescribed" means prescribed by rules made under this Act;

(n) ?"public utility service" means--

(i)       any railway service [84][or any transport service for the carriage of passengers or goods by air];

[85][(ia) any service in, or in connection with the working of, any major port or dock;]

(ii)      any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends;

(iii)     any postal, telegraph or telephone service;

(iv)    any industry which supplies power, light or water to the public;

(v)      any system of public conservancy or sanitation;

(vi)    any industry specified in the [86][First Schedule] which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declared to be a public utility service for the purposes of this Act, for such period as may be specified in the notification:

Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate Government public emergency or public interest requires such extension;]

[87][In Section 2

In sub-clause (iv) of clause (s) of section 2 of the principal Act, for the words "five hundred", the words "one thousand" shall be substituted.]

[88][In Section 2

In clause (s), after the words "or supervisory work", the words ", or any work for the promotion of sales," shall be inserted.]

[89][In Section 15

(a)      after the words "dismisses, retrenches", the words "refuses employment" shall be inserted;

(b)      after the words "dismissal, retrenchment", the words "refusal of employment" shall be inserted.]

[90][In Section 2

(1)     clause (aaa) shall be renumbered as clause (aaaa) and before clause (aaaa) so renumbered, the following clause shall be inserted-

"(aaa) 'Authorised Officer' means Labour Commissioner, Additional Labour Commissioner, Joint Labour Commissioner, Deputy Labour Commissioner, Assistant Labour Commissioner, or such other officers as may be authorised by the State Government, by notification in the Official Gazette,",

(2)     clause (oo) shall be renumbered as clause (000) and before clause (000) so renumbered, the following clause shall be inserted-

"(oo) 'Recovery Officer' means any officer of the State Government who may be authorised by the State Government, by notification in the Official Gazette, to exercise the power of the Recovery Officer under this Act,"]

Andhra Pradesh:

[91][In section 2, in clause (n), after sub-clause (v), insert the following sub-clause, namely:--

"(va) any service in hospitals and dispensaries".

(o)? ?"railway company" means a railway company as defined in Section 3 of the Indian Railways Act, 1890 (9 of 1890);

[92][(oo) "retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--

(a)      voluntary retirement of the workman; or

(b)      retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or

[93][(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]

(c)      termination of the service of a workman on the ground of continued ill-health;]

Assam:

[94][In Section 2

in clause (s), in between the words "or supervisory work" and "for hire or reward", the words 'or any work for the promotion of sales", shall be inserted.]

Kerala:

[95][In Section 2

The words "specified in the Schedule" shall be omitted.]

Meghalaya:

[96][In Section 2

For existing clause(s) the following shall be substituted, namely, -

"(2) ?"Workmen" means any person (including an apprentice) employed in any industry to do any manual skilled or unskilled, technical, sales promotion, operational, clerical or supervisory work or any work for the promotion of sales for hire or reward, whether the terms of employment be expressed or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge, or retrenchment has led to that dispute, but does not include any such person:-

(i)       who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii)      who is employed in the police service or as an Officer or other employee of a prison; or

(iii)     who is employed mainly in a managerial or administrative capacity; or

(iv)    who being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly or a managerial nature;"]

Orissa:

[97][In Section 2

In clause (s) the words and comma "operational, clerical or supervisory work", the words and commas "sales promotion, operational, clerical or supervisory work or any work for promotion of sales" shall be substituted.]

Tripura:

[98][In Section 2

In clause(s):-

"after the words "un-skilled, skilled and technical" and before the words "operational, clerical or supervisory work", the words "sales promotion" shall be inserted."]

Punjab:

[99][In Section 2

For clause (s), the following clause shall be substituted, namely:--

"(s) ?"workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, sales promotion, operational, clerical or supervisory work or any work for the promotion of sales for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person, who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person,--

(i)         who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii)        who is employed in the police service or as an officer or other employee of a prison; or

(iii)       who is employed mainly in a managerial or administrative capacity; or

(iv)      who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.".]

Tamil Nadu:

[100][In Section 2

In clause (s), after the expression "technical,", the expression "sales promotion", shall be inserted.]]]

Kerla:

[101][In Section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), in clause (s), for the words "clerical or supervisory work", the words "clerical, supervisory work or any work for the promotion of sales" shall be substituted.]

Jharkhand:

[102][Clause (iv) of sub section (s) and first Para of sub section (s) of Section 2 shall be amended as follows:

(i)       In first Para of sub section (s) of Section 2 the expression " or any work for the promotion of sales" shall be inserted between the words "or supervisory work" and "for hire or reward"

(ii)      In clause (iv) of Sub section (s) of Section 2 the expression "wages exceeding Ten thousand rupees" shall be substituted by "draws wages exceeding the amount as specified in sub section (6) of Section (1) of the Payment of Wages Act.]

BIHAR:

[103][Clause (S) of Section 2 of the Industrial Disputes Act, 1947, shall be substituted by the following:-

"(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work or for the promotion of sales for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person -

(i)       Who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii)      Who is employed in the police service or as an officer or other employee of a prison; or

(iii)     Who is employed mainly in a managerial or administrative capacity; or

(iv)    Who, being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature."

Section 2A - Dismissal, etc., of an individual workman to be deemed to be an industrial dispute

[104][2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute

[105][(1)] Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.]

[106][(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.

(3) ??The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).]

[STATE AMENDMENTS

Andhra Pradesh:

[107][Renumber section 2A as sub-section (1) thereof and after sub-section (1) as so renumbered, insert the following sub-section, namely:--

"(2) ?Notwithstanding anything in section 10, any such workman as is specified in sub-section (1) may, make an application in the prescribed manner direct to the Labour Court for adjudication of the dispute referred to therein; and on receipt of such application, the Labour Court shall have jurisdiction to adjudicate upon any matter in the dispute, as if it were a dispute referred to or pending before it, in accordance with the provisions of this Act; and accordingly all the provisions of this Act, shall apply in relation to such dispute as they apply in relation to any other industrial dispute."

[108][In Section 2A

The following sub-section shall be added, namely:-

"(3) ?Notwithstanding anything in sub-sections (1) and (2), no such dispute or difference between that workman and his employer connected with or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in conciliation proceeding within a period of three years from the date of such discharge, dismissal, retrenchment or termination:

Provided that the Labour Court or the Conciliation Officer, as the case may be, may consider to extend the said period of three years when the applicant workman satisfies the Court or Conciliation Officer that he had sufficient cause for not raising the dispute within the period of three years.".

Tamil Nadu:

[109][Remember section 2A as sub-section (1) thereof and after sub-section (10 as so renumbered, insert the following sub-section, namely:--

(2) ??Where no settlement it arrived at in the course of any conciliation proceeding taken under this Act in regard to an industrial dispute referred to in sub-section (1), the aggrieved individual workman may apply, in the prescribed manner to the lower Court for adjudication of such dispute and the Labour Court shall proceed to adjudicate such dispute has been referred to it for adjudication and accordingly all the provisions of this Act relating to adjudication of industrial disputes by the Labour Court shall apply to such adjudication."]

[110][In Section 2A

Section 2-A shall be re-numbered as sub-section (1) of that section and after the said sub-section (1) as so re-numbered, the following sub-section shall be added, namely:--

"(2) ?Where no settlement is arrived at in the course of any conciliation proceeding taken under this Act in regard to an industrial dispute referred to in sub-section (1), the aggrieved individual workman may apply, in the prescribes manner, to the Labour Court for adjudication of such, dispute and the Labour Court shall proceed to adjudicate such dispute, as if, such dispute has been referred to it for adjudication and accordingly all the provisions of this Act relating to adjudication of industrial disputes by the Labour Court shall apply to such adjudication:".]

West Bengal:

[111][In section 2A,--

(a)      after the words "dismisses, retrenches", insert the words "refuses employment";

(b)      after the words "dismissal, retrenchment", insert the words "refusal of employment".

Gujarat:

[112][In Section 2A-

The words "three years",' the words "one year" shall be substituted.]

Rajasthan:

[113][In Section 2A-

The following new sub-section shall be added, namely:--

"(4) ?Notwithstanding anything in sub-secs. (1), (2) and (3), no such dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in conciliation proceeding within a period of three years from the date of such discharge, dismissal, retrenchment or termination:

Provided that an authority, as may be specified by the State Government, may consider to extend the said period of three years when the applicant workman satisfies the authority that he had sufficient cause for not raising the dispute within the period of three years.".]]]