The Industrial Disputes Act,1947 One Liner Notes Pdf Download
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THE INDUSTRIAL DISPUTES ACT, 1947 |
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PREAMBLE |
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What is the Act number of the Industrial Disputes Act, 1947? |
Act No. 14 of 1947. |
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On which date was the Industrial Disputes Act, 1947 enacted? |
11th March, 1947. |
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What is the object of the Industrial Disputes Act, 1947 as stated in its long title? |
To make provision for the investigation and settlement of industrial disputes and for certain other purposes. |
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What does the Preamble declare to be expedient? |
To make provision for the investigation and settlement of industrial disputes and for certain other purposes hereinafter appearing. |
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CHAPTER - 1 |
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PRELIMINARY |
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What is the subject matter of Section 1 of the Industrial Disputes Act, 1947? |
Short title, extent and commencement. |
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What is the short title of the Act? |
The Industrial Disputes Act, 1947. |
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To what extent does the Industrial Disputes Act, 1947 extend? |
It extends to the whole of India. |
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When did the Industrial Disputes Act, 1947 come into force? |
On the first day of April, 1947. |
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What is the subject matter of Section 2 of the Industrial Disputes Act, 1947? |
Definition of "appropriate Government". |
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What is the appropriate Government for an industry carried on by or under the authority of the Central Government? |
The Central Government. |
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What is the appropriate Government for a railway company? |
The Central Government. |
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What is the appropriate Government for a controlled industry specified by the Central Government? |
The Central Government. |
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What is the appropriate Government for a Dock Labour Board established under the Dock Workers (Regulation of Employment) Act, 1948? |
The Central Government. |
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What is the appropriate Government for the Industrial Finance Corporation of India Limited? |
The Central Government. |
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What is the appropriate Government for the Employees' State Insurance Corporation? |
The Central Government. |
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What is the appropriate Government for the Board of Trustees constituted under the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948? |
The Central Government. |
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What is the appropriate Government for the Central Board of Trustees and State Boards of Trustees under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952? |
The Central Government. |
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What is the appropriate Government for the Life Insurance Corporation of India? |
The Central Government. |
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What is the appropriate Government for the Oil and Natural Gas Corporation Limited? |
The Central Government. |
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What is the appropriate Government for the Deposit Insurance and Credit Guarantee Corporation? |
The Central Government. |
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What is the appropriate Government for the Central Warehousing Corporation? |
The Central Government. |
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What is the appropriate Government for the Unit Trust of India? |
The Central Government. |
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What is the appropriate Government for the Food Corporation of India? |
The Central Government. |
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What is the appropriate Government for a Board of Management established under Section 16 of the Food Corporations Act, 1964? |
The Central Government. |
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What is the appropriate Government for the Airports Authority of India? |
The Central Government. |
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What is the appropriate Government for a Regional Rural Bank? |
The Central Government. |
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What is the appropriate Government for the Export Credit and Guarantee Corporation Limited? |
The Central Government. |
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What is the appropriate Government for the Industrial Reconstruction Bank of India? |
The Central Government. |
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What is the appropriate Government for the National Housing Bank? |
The Central Government. |
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What is the appropriate Government for an air transport service? |
The Central Government. |
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What is the appropriate Government for a banking company? |
The Central Government. |
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What is the appropriate Government for an insurance company? |
The Central Government. |
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What is the appropriate Government for a mine? |
The Central Government. |
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What is the appropriate Government for an oilfield? |
The Central Government. |
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What is the appropriate Government for a Cantonment Board? |
The Central Government. |
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What is the appropriate Government for a major port? |
The Central Government. |
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What is the appropriate Government for a company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government? |
The Central Government. |
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What is the appropriate Government for a corporation established by or under a law made by Parliament? |
The Central Government. |
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What is the appropriate Government for a Central public sector undertaking, its subsidiary companies and autonomous bodies owned or controlled by the Central Government? |
The Central Government. |
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What is the appropriate Government for any other industrial dispute? |
The State Government. |
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What is the appropriate Government for a State public sector undertaking, its subsidiary companies and autonomous bodies owned or controlled by the State Government? |
The State Government. |
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Which Government is the appropriate Government in a dispute between a contractor and contract labour? |
The Central Government or the State Government, as the case may be, which has control over the industrial establishment where the dispute first arose. |
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What is the subject matter of Section 2(aa) of the Industrial Disputes Act, 1947? |
Definition of "arbitrator". |
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What does the expression "arbitrator" include? |
An umpire. |
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What is the subject matter of Section 2(aaa) of the Industrial Disputes Act, 1947? |
Definition of "average pay". |
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How is average pay calculated for a monthly paid workman? |
On the basis of the wages payable in the three complete calendar months preceding the date on which the average pay becomes payable. |
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How is average pay calculated for a weekly paid workman? |
On the basis of the wages payable in the four complete weeks preceding the date on which the average pay becomes payable. |
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How is average pay calculated for a daily paid workman? |
On the basis of the wages payable in the twelve full working days preceding the date on which the average pay becomes payable. |
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When is the normal method of calculating average pay applicable? |
Where the workman has worked for three complete calendar months, four complete weeks or twelve full working days, as the case may be. |
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How is average pay calculated where the normal calculation cannot be made? |
As the average of the wages payable to the workman during the period he actually worked. |
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What is the subject matter of Section 2(b) of the Industrial Disputes Act, 1947? |
Definition of "award". |
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What does the expression "award" mean? |
An interim or final determination of any industrial dispute or any question relating thereto by a Labour Court, Industrial Tribunal or National Industrial Tribunal. |
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Can an award be interim or final? |
It may be an interim or a final determination. |
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Who may determine an industrial dispute for the purpose of an award? |
A Labour Court, Industrial Tribunal or National Industrial Tribunal. |
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What may an award determine under Section 2(b)? |
An industrial dispute or any question relating thereto. |
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What is included within the definition of "award"? |
An arbitration award made under Section 10A. |
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What is the subject matter of Section 2(bb) of the Industrial Disputes Act, 1947? |
Definition of "banking company". |
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What is a "banking company" under Section 2(bb)? |
A banking company as defined in Section 5 of the Banking Companies Act, 1949, having branches or other establishments in more than one State. |
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What territorial requirement must a banking company satisfy under Section 2(bb)? |
It must have branches or other establishments in more than one State. |
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Which statutory definition is adopted for the expression "banking company"? |
The definition in Section 5 of the Banking Companies Act, 1949. |
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Which specialised financial institution is included in the definition of "banking company"? |
The Export-Import Bank of India. |
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Which reconstruction bank is included in the definition of "banking company"? |
The Industrial Reconstruction Bank of India. |
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Which development bank is included in the definition of "banking company"? |
The Small Industries Development Bank of India established under Section 3 of the Small Industries Development Bank of India Act, 1989. |
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Is the Reserve Bank of India included within the definition of "banking company"? |
Yes, the Reserve Bank of India. |
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Is the State Bank of India included within the definition of "banking company"? |
Yes, the State Bank of India. |
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Are corresponding new banks constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 included in the definition of "banking company"? |
Yes. |
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Are corresponding new banks constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 included in the definition of "banking company"? |
Yes. |
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Are subsidiary banks under the State Bank of India (Subsidiary Banks) Act, 1959 included in the definition of "banking company"? |
Yes. |
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What is the subject matter of Section 2(c) of the Industrial Disputes Act, 1947? |
Definition of "Board". |
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What does the expression "Board" mean? |
A Board of Conciliation constituted under this Act. |
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What is the subject matter of Section 2(cc) of the Industrial Disputes Act, 1947? |
Definition of "closure". |
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What does the expression "closure" mean? |
The permanent closing down of a place of employment or part thereof. |
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What is the subject matter of Section 2(d) of the Industrial Disputes Act, 1947? |
Definition of "conciliation officer". |
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What does the expression "conciliation officer" mean? |
A conciliation officer appointed under this Act. |
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What is the subject matter of Section 2(e) of the Industrial Disputes Act, 1947? |
Definition of "conciliation proceeding". |
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What does the expression "conciliation proceeding" mean? |
Any proceeding held by a conciliation officer or Board under this Act. |
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What is the subject matter of Section 2(ee) of the Industrial Disputes Act, 1947? |
Definition of "controlled industry". |
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What does the expression "controlled industry" mean? |
Any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest. |
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What is the subject matter of Section 2(f) of the Industrial Disputes Act, 1947? |
Definition of "Court". |
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What does the expression "Court" mean? |
A Court of Inquiry constituted under this Act. |
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What is the subject matter of Section 2(g) of the Industrial Disputes Act, 1947? |
Definition of "employer". |
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Who is the employer in relation to an industry carried on by or under the authority of the Central Government or a State Government? |
The authority prescribed in this behalf or, where no authority is prescribed, the head of the department. |
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Who is the employer where no authority is prescribed for a Government industry? |
The head of the department. |
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Who is the employer in relation to an industry carried on by or on behalf of a local authority? |
The chief executive officer of that authority. |
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What is the subject matter of Section 2(gg) of the Industrial Disputes Act, 1947? |
Definition of "executive". |
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What does the expression "executive", in relation to a trade union, mean? |
The body, by whatever name called, to which the management of the affairs of the trade union is entrusted. |
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What is the subject matter of Section 2(i) of the Industrial Disputes Act, 1947? |
Meaning of "independent" for appointment as Chairman or member of a Board, Court or Tribunal. |
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When is a person deemed to be independent under Section 2(i)? |
When he is unconnected with the industrial dispute referred to the Board, Court or Tribunal or with any industry directly affected by the dispute. |
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For what purpose is independence determined under Section 2(i)? |
For appointment as the Chairman or other member of a Board, Court or Tribunal. |
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Does shareholding in an incorporated company connected with the dispute by itself affect independence? |
No, a person shall not cease to be independent merely because he is a shareholder of such a company. |
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What must a shareholder disclose under the proviso to Section 2(i)? |
The nature and extent of the shares held by him in the incorporated company. |
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To whom shall the disclosure under the proviso to Section 2(i) be made? |
The appropriate Government. |
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What is the subject matter of Section 2(j) of the Industrial Disputes Act, 1947? |
Definition of "industry". |
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What does the expression "industry" mean? |
Any business, trade, undertaking, manufacture or calling of employers. |
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What activities of employers are included in the definition of "industry"? |
Business, trade, undertaking, manufacture or calling of employers. |
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What activities of workmen are included in the definition of "industry"? |
Any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. |
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What is the subject matter of Section 2(k) of the Industrial Disputes Act, 1947? |
Definition of "industrial dispute". |
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What does the expression "industrial dispute" mean? |
Any dispute or difference between employers and employers, employers and workmen, or workmen and workmen connected with employment, non-employment, terms of employment or conditions of labour of any person. |
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Between whom may an industrial dispute arise? |
Between employers and employers, employers and workmen, or workmen and workmen. |
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With what matters must an industrial dispute be connected? |
Employment, non-employment, terms of employment or conditions of labour of any person. |
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What is the subject matter of Section 2(ka) of the Industrial Disputes Act, 1947? |
Definition of "industrial establishment or undertaking". |
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What does the expression "industrial establishment or undertaking" mean? |
An establishment or undertaking in which any industry is carried on. |
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When is a unit deemed to be a separate industrial establishment or undertaking under Section 2(ka)(a)? |
Where the unit carrying on an industry is severable from the other unit or units of the establishment or undertaking. |
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What is the condition for treating a unit as a separate industrial establishment under Section 2(ka)(a)? |
The unit carrying on the industry must be severable from the other units. |
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When is the entire establishment or undertaking deemed to be an industrial establishment under Section 2(ka)(b)? |
Where the predominant activity or each predominant activity is an industry and the other activities are not severable from and are for the purpose of carrying on or aiding the predominant activity. |
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What is the test under Section 2(ka)(b) for treating the entire establishment as an industrial establishment? |
The predominant activity must be an industry and the other activities must be inseparable and ancillary to it. |
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What is the subject matter of Section 2(kk) of the Industrial Disputes Act, 1947? |
Definition of "insurance company". |
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What does the expression "insurance company" mean? |
An insurance company as defined in Section 2 of the Insurance Act, 1938, having branches or other establishments in more than one State. |
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What territorial requirement must an insurance company satisfy under Section 2(kk)? |
It must have branches or other establishments in more than one State. |
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Which statutory definition is adopted for the expression "insurance company"? |
The definition in Section 2 of the Insurance Act, 1938. |
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What is the subject matter of Section 2(kka) of the Industrial Disputes Act, 1947? |
Definition of "khadi". |
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What does the expression "khadi" mean? |
It has the meaning assigned to it in clause (d) of Section 2 of the Khadi and Village Industries Commission Act, 1956. |
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What is the subject matter of Section 2(kkb) of the Industrial Disputes Act, 1947? |
Definition of "Labour Court". |
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What does the expression "Labour Court" mean? |
A Labour Court constituted under Section 7. |
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What is the subject matter of Section 2(kkk) of the Industrial Disputes Act, 1947? |
Definition of "lay-off". |
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What does the expression "lay-off" mean? |
The failure, refusal or inability of an employer to give employment to a workman whose name is borne on the muster rolls and who has not been retrenched due to the reasons specified in the section. |
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What are the essential conditions for a lay-off under Section 2(kkk)? |
The workman's name must be borne on the muster rolls, he must not have been retrenched, and the employer fails, refuses or is unable to provide employment for the reasons specified in the section. |
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What are the grounds on which a lay-off may occur under Section 2(kkk)? |
Shortage of coal, power or raw materials, accumulation of stocks, breakdown of machinery, natural calamity or any other connected reason. |
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Who can be laid-off under Section 2(kkk)? |
A workman whose name is borne on the muster rolls of the industrial establishment and who has not been retrenched. |
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When is a workman deemed to have been laid-off for a day under the Explanation to Section 2(kkk)? |
When he presents himself for work during normal working hours and is not given employment within two hours. |
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What must a workman do to claim deemed lay-off under the Explanation to Section 2(kkk)? |
Present himself for work at the appointed time during normal working hours. |
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Within what period must employment be provided to avoid deemed lay-off? |
Within two hours of the workman presenting himself for work. |
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When is a workman deemed to have been laid-off for only one-half of the day? |
When he is asked to present himself during the second half of the shift and is given employment then. |
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What is the entitlement of a workman if he is not given employment even after presenting himself in the second half of the shift? |
He shall not be deemed to have been laid-off for the second half of the shift and shall be entitled to full basic wages and dearness allowance for that part of the day. |
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What is the subject matter of Section 2(l) of the Industrial Disputes Act, 1947? |
Definition of "lock-out". |
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What does the expression "lock-out" mean? |
The temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him. |
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What are the modes of a lock-out under Section 2(l)? |
Temporary closing of a place of employment, suspension of work, or refusal by an employer to continue employing any number of persons. |
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What is the subject matter of Section 2(la) of the Industrial Disputes Act, 1947? |
Definition of "major port". |
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What does the expression "major port" mean? |
A major port as defined in clause (8) of Section 3 of the Indian Ports Act, 1908. |
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What is the subject matter of Section 2(lb) of the Industrial Disputes Act, 1947? |
Definition of "mine". |
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What does the expression "mine" mean? |
A mine as defined in clause (j) of sub-section (1) of Section 2 of the Mines Act, 1952. |
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What is the subject matter of Section 2(ll) of the Industrial Disputes Act, 1947? |
Definition of "National Tribunal". |
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What does the expression "National Tribunal" mean? |
A National Industrial Tribunal constituted under Section 7B. |
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What is the subject matter of Section 2(lll) of the Industrial Disputes Act, 1947? |
Definition of "office bearer". |
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What does the expression "office bearer", in relation to a trade union, include? |
Any member of the executive of the trade union. |
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Who is excluded from the definition of "office bearer" under Section 2(lll)? |
An auditor. |
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What is the subject matter of Section 2(m) of the Industrial Disputes Act, 1947? |
Definition of "prescribed". |
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What does the expression "prescribed" mean? |
Prescribed by rules made under this Act. |
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What is the subject matter of Section 2(n) of the Industrial Disputes Act, 1947? |
Definition of "public utility service". |
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What does the expression "public utility service" mean? |
The services specified in clauses (i) to (vi) of Section 2(n). |
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Which railway-related services are public utility services under Section 2(n)(i)? |
Any railway service or any transport service for the carriage of passengers or goods by air. |
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Which port-related services are public utility services under Section 2(n)(ia)? |
Any service in or in connection with the working of any major port or dock or any industrial establishment or unit engaged in essential defence services. |
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Which establishment-related services are public utility services under Section 2(n)(ii)? |
Any section of an industrial establishment on the working of which the safety of the establishment or the workmen depends. |
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Which communication services are public utility services under Section 2(n)(iii)? |
Postal, telegraph or telephone service. |
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Which utility industries are public utility services under Section 2(n)(iv)? |
Any industry supplying power, light or water to the public. |
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Which sanitation-related services are public utility services under Section 2(n)(v)? |
Any system of public conservancy or sanitation. |
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Can industries in the First Schedule be declared public utility services? |
Yes, by notification in the Official Gazette if public emergency or public interest so requires. |
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Who may declare an industry in the First Schedule to be a public utility service? |
The appropriate Government. |
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On what grounds may an industry in the First Schedule be declared a public utility service? |
Public emergency or public interest. |
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What is the maximum initial period for declaring an industry a public utility service under Section 2(n)(vi)? |
Six months. |
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Can the declaration of a public utility service under Section 2(n)(vi) be extended? |
Yes, by notification from time to time. |
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What is the maximum period of each extension under the proviso to Section 2(n)(vi)? |
Six months at a time. |
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What is the subject matter of Section 2(o) of the Industrial Disputes Act, 1947? |
Definition of "railway company". |
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What does the expression "railway company" mean? |
A railway company as defined in Section 3 of the Indian Railways Act, 1890. |
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What is the subject matter of Section 2(oo) of the Industrial Disputes Act, 1947? |
Definition of "retrenchment". |
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What does the expression "retrenchment" mean? |
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. |
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What is excluded from the definition of retrenchment under Section 2(oo)(a)? |
Voluntary retirement of the workman. |
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What is excluded from the definition of retrenchment under Section 2(oo)(b)? |
Retirement of the workman on reaching the age of superannuation where the contract of employment contains such a stipulation. |
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What is excluded from the definition of retrenchment under Section 2(oo)(bb)? |
Termination resulting from non-renewal of the contract of employment on its expiry or termination under a stipulation contained in the contract. |
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What is excluded from the definition of retrenchment under Section 2(oo)(c)? |
Termination of the service of a workman on the ground of continued ill-health. |
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Is termination by way of disciplinary punishment retrenchment? |
No, termination by way of disciplinary punishment is excluded from retrenchment. |
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What is the subject matter of Section 2(p) of the Industrial Disputes Act, 1947? |
Definition of "settlement". |
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What does the expression "settlement" mean? |
A settlement arrived at in the course of conciliation proceedings and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceedings if the prescribed conditions are fulfilled. |
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What conditions must a settlement outside conciliation proceedings satisfy under Section 2(p)? |
It must be in writing, signed in the prescribed manner, and a copy must be sent to the officer authorised by the appropriate Government and the conciliation officer. |
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To whom must a copy of a settlement outside conciliation proceedings be sent? |
The officer authorised by the appropriate Government and the conciliation officer. |
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What is the subject matter of Section 2(q) of the Industrial Disputes Act, 1947? |
Definition of "strike". |
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What does the expression "strike" mean? |
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, to continue to work or to accept employment. |
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What are the essential forms of a strike under Section 2(q)? |
Cessation of work in combination, concerted refusal to continue to work, or refusal under a common understanding to continue to work or accept employment. |
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What is the subject matter of Section 2(qq) of the Industrial Disputes Act, 1947? |
Definition of "trade union". |
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What does the expression "trade union" mean? |
A trade union registered under the Trade Unions Act, 1926. |
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What is the subject matter of Section 2(r) of the Industrial Disputes Act, 1947? |
Definition of "Tribunal". |
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What does the expression "Tribunal" mean? |
An Industrial Tribunal constituted under Section 7A and includes an Industrial Tribunal constituted before 10 March 1957 under this Act. |
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What is the subject matter of Section 2(ra) of the Industrial Disputes Act, 1947? |
Definition of "unfair labour practice". |
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What does the expression "unfair labour practice" mean? |
Any of the practices specified in the Fifth Schedule. |
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What is the subject matter of Section 2(rb) of the Industrial Disputes Act, 1947? |
Definition of "village industries". |
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What does the expression "village industries" mean? |
It has the meaning assigned to it in clause (h) of Section 2 of the Khadi and Village Industries Commission Act, 1956. |
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What is the subject matter of Section 2(rr) of the Industrial Disputes Act, 1947? |
Definition of "wages". |
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What does the expression "wages" mean? |
All remuneration capable of being expressed in terms of money which would, if the terms of employment were fulfilled, be payable to a workman in respect of his employment or work done. |
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What is the basic requirement for remuneration to qualify as wages? |
It must be capable of being expressed in terms of money and payable in respect of employment or work done. |
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What allowances are included in the definition of wages? |
Such allowances, including dearness allowance, to which the workman is entitled. |
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Is dearness allowance included in wages? |
Yes, dearness allowance is included. |
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Is the value of house accommodation included in wages? |
Yes, it is included. |
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Are the value of light, water, medical attendance and other amenities included in wages? |
Yes, they are included. |
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Is the value of concessional supply of foodgrains or other articles included in wages? |
Yes, it is included. |
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Are travelling concessions included in wages? |
Yes, travelling concessions are included. |
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Is commission payable on the promotion of sales or business included in wages? |
Yes, commission on the promotion of sales or business or both is included. |
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Is bonus included in wages? |
No, bonus is excluded. |
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Is the employer's contribution to a pension fund or provident fund included in wages? |
No, it is excluded. |
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Is any contribution paid by the employer for the benefit of the workman under any law included in wages? |
No, it is excluded. |
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Is gratuity payable on termination of service included in wages? |
No, gratuity is excluded. |
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What is the subject matter of Section 2(s) of the Industrial Disputes Act, 1947? |
Definition of "workman". |
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What does the expression "workman" mean? |
Any person, including an apprentice, employed in any industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. |
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Is an apprentice included in the definition of workman? |
Yes, an apprentice is included. |
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What categories of work are covered under the definition of workman? |
Manual, unskilled, skilled, technical, operational, clerical and supervisory work. |
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Does the definition of workman apply where the terms of employment are implied? |
Yes, whether the terms of employment are express or implied. |
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Who is included in the definition of workman for the purposes of proceedings under the Act? |
A person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, an industrial dispute, or whose dismissal, discharge or retrenchment has led to that dispute. |
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Who is excluded from the definition of workman under Section 2(s)(i)? |
A person subject to the Air Force Act, 1950, the Army Act, 1950 or the Navy Act, 1957. |
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Who is excluded from the definition of workman under Section 2(s)(ii)? |
A person employed in the police service or as an officer or other employee of a prison. |
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Who is excluded from the definition of workman under Section 2(s)(iii)? |
A person employed mainly in a managerial or administrative capacity. |
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Who is excluded from the definition of workman under Section 2(s)(iv)? |
A person employed in a supervisory capacity who draws wages exceeding ten thousand rupees per month or performs mainly managerial functions. |
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What is the wage limit for exclusion of a supervisory employee from the definition of workman? |
Wages exceeding ten thousand rupees per month. |
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When is a supervisory employee excluded irrespective of wages? |
When he exercises functions mainly of a managerial nature by virtue of his duties or powers. |
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What is the subject matter of Section 2A of the Industrial Disputes Act, 1947? |
Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. |
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When is a dispute relating to an individual workman deemed to be an industrial dispute? |
When the employer discharges, dismisses, retrenches, or otherwise terminates the services of the individual workman. |
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Between whom must the dispute or difference exist under Section 2A(1)? |
Between the individual workman and his employer. |
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With what must the dispute or difference be connected under Section 2A(1)? |
It must be connected with, or arise out of, the discharge, dismissal, retrenchment or termination of service. |
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Can a dispute under Section 2A be treated as an industrial dispute if no other workman is a party to it? |
Yes, it shall be deemed to be an industrial dispute notwithstanding that no other workman is a party to the dispute. |
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Can a dispute under Section 2A be treated as an industrial dispute if no union of workmen is a party to it? |
Yes, it shall be deemed to be an industrial dispute notwithstanding that no union of workmen is a party to the dispute. |
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Notwithstanding which provision may a workman directly approach the Labour Court or Tribunal under Section 2A(2)? |
Notwithstanding anything contained in section 10. |
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Who may directly apply to the Labour Court or Tribunal under Section 2A(2)? |
A workman specified in sub-section (1). |
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For what purpose may a workman directly approach the Labour Court or Tribunal under Section 2A(2)? |
For adjudication of the dispute referred to in sub-section (1). |
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After what period can a workman directly apply to the Labour Court or Tribunal under Section 2A(2)? |
After the expiry of forty-five days from the date of making the application to the Conciliation Officer. |
|
To whom must the workman first make an application before approaching the Labour Court or Tribunal under Section 2A(2)? |
The Conciliation Officer of the appropriate Government. |
|
For what purpose must the application be made to the Conciliation Officer under Section 2A(2)? |
For conciliation of the dispute. |
|
When does the Labour Court or Tribunal acquire jurisdiction under Section 2A(2)? |
On receipt of the application made by the workman. |
|
What powers does the Labour Court or Tribunal have on receipt of an application under Section 2A(2)? |
It has powers and jurisdiction to adjudicate upon the dispute. |
|
How is the dispute under Section 2A(2) treated for adjudication by the Labour Court or Tribunal? |
As if it were a dispute referred by the appropriate Government in accordance with the provisions of the Act. |
|
Do all provisions of the Industrial Disputes Act apply to adjudication under Section 2A(2)? |
Yes, all the provisions of the Act apply as they apply to an industrial dispute referred by the appropriate Government. |
|
Within what period must an application under Section 2A(2) 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. |
|
From which date is the limitation period under Section 2A(3) computed? |
From the date of discharge, dismissal, retrenchment or otherwise termination of service specified in sub-section (1). |
|
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|
|
CHAPTER - 2 AUTHORITIES UNDER THIS ACT |
|
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What is the subject matter of Section 3 of the Industrial Disputes Act, 1947? |
Works Committee. |
|
In which industrial establishments may a Works Committee be required to be constituted? |
In an industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months. |
|
Who may require the constitution of a Works Committee? |
The appropriate Government. |
|
How may the appropriate Government require the constitution of a Works Committee? |
By general or special order. |
|
Who is required to constitute the Works Committee? |
The employer. |
|
In what manner shall a Works Committee be constituted? |
In the prescribed manner. |
|
Who shall constitute the Works Committee? |
Representatives of employers and workmen engaged in the establishment. |
|
What is the minimum numerical requirement regarding workmen's representatives on the Works Committee? |
The number of representatives of workmen shall not be less than the number of representatives of the employer. |
|
How shall the representatives of workmen on the Works Committee be chosen? |
In the prescribed manner from among the workmen engaged in the establishment. |
|
With whom shall consultation be held while choosing the representatives of workmen? |
With their trade union, if any, registered under the Indian Trade Unions Act, 1926. |
|
What is the primary duty of the Works Committee? |
To promote measures for securing and preserving amity and good relations between the employer and workmen. |
|
For what purpose shall the Works Committee comment upon matters of common interest or concern? |
To secure and preserve amity and good relations between the employer and workmen. |
|
On what matters may the Works Committee comment? |
Matters of common interest or concern of the employer and workmen. |
|
What shall the Works Committee endeavour to compose? |
Any material difference of opinion in respect of matters of common interest or concern. |
|
What is the subject matter of Section 4 of the Industrial Disputes Act, 1947? |
Conciliation officers. |
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Who may appoint conciliation officers under Section 4? |
The appropriate Government. |
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How are conciliation officers appointed under Section 4? |
By notification in the Official Gazette. |
|
How many persons may be appointed as conciliation officers? |
Such number of persons as the appropriate Government thinks fit. |
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What is the duty of conciliation officers? |
To mediate in and promote the settlement of industrial disputes. |
|
For what purpose are conciliation officers appointed? |
For mediating in and promoting the settlement of industrial disputes. |
|
For what area may a conciliation officer be appointed? |
For a specified area. |
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Can a conciliation officer be appointed for specified industries in a specified area? |
Yes, a conciliation officer may be appointed for specified industries in a specified area. |
|
Can a conciliation officer be appointed for one or more specified industries? |
Yes, a conciliation officer may be appointed for one or more specified industries. |
|
Can a conciliation officer be appointed permanently? |
Yes, a conciliation officer may be appointed permanently. |
|
Can a conciliation officer be appointed for a limited period? |
Yes, a conciliation officer may be appointed for a limited period. |
|
What is the subject matter of Section 5 of the Industrial Disputes Act, 1947? |
Board of Conciliation. |
|
Who may constitute a Board of Conciliation under Section 5? |
The appropriate Government. |
|
When may the appropriate Government constitute a Board of Conciliation? |
As occasion arises. |
|
How is a Board of Conciliation constituted? |
By notification in the Official Gazette. |
|
For what purpose is a Board of Conciliation constituted? |
For promoting the settlement of an industrial dispute. |
|
Who are the members of a Board of Conciliation? |
A chairman and two or four other members. |
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Who determines the number of members of a Board of Conciliation? |
The appropriate Government. |
|
What is the required qualification of the chairman of a Board of Conciliation? |
The chairman shall be an independent person. |
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How are the other members of a Board of Conciliation appointed? |
They are appointed in equal numbers to represent the parties to the dispute. |
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On whose recommendation is a person appointed to represent a party on the Board? |
On the recommendation of that party. |
|
What happens if a party fails to recommend its representative within the prescribed time? |
The appropriate Government shall appoint such persons as it thinks fit to represent that party. |
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Can a Board of Conciliation act in the absence of the chairman? |
Yes, if it has the prescribed quorum. |
|
Can a Board of Conciliation act in the absence of any of its members? |
Yes, if it has the prescribed quorum. |
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Can a Board of Conciliation act despite a vacancy in its membership? |
Yes, if it has the prescribed quorum. |
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What is the condition for a Board of Conciliation to act despite the absence of the chairman, a member, or a vacancy? |
It must have the prescribed quorum. |
|
When is a Board prohibited from acting despite having the prescribed quorum? |
When the appropriate Government notifies that the services of the chairman or any other member have ceased to be available. |
|
When may the Board resume functioning after the services of the chairman or a member cease to be available? |
After a new chairman or member, as the case may be, has been appointed. |
|
What is the subject matter of Section 6 of the Industrial Disputes Act, 1947? |
Courts of Inquiry. |
|
Who may constitute a Court of Inquiry under Section 6? |
The appropriate Government. |
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When may the appropriate Government constitute a Court of Inquiry? |
As occasion arises. |
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How is a Court of Inquiry constituted? |
By notification in the Official Gazette. |
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For what purpose is a Court of Inquiry constituted? |
For inquiring into any matter appearing to be connected with or relevant to an industrial dispute. |
|
What matters may a Court of Inquiry inquire into? |
Any matter appearing to be connected with or relevant to an industrial dispute. |
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Who may constitute a Court of Inquiry? |
The appropriate Government. |
|
Who may constitute the members of a Court of Inquiry? |
One independent person or such number of independent persons as the appropriate Government may think fit. |
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Can a Court of Inquiry consist of a single person? |
Yes, it may consist of one independent person. |
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Who determines the number of members of a Court of Inquiry? |
The appropriate Government. |
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What is the qualification of the members of a Court of Inquiry? |
They shall be independent persons. |
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Who is appointed as chairman when a Court of Inquiry consists of two or more members? |
One of the members shall be appointed as the chairman. |
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Can a Court of Inquiry act in the absence of the chairman? |
Yes, if it has the prescribed quorum. |
|
Can a Court of Inquiry act in the absence of any of its members? |
Yes, if it has the prescribed quorum. |
|
Can a Court of Inquiry act despite a vacancy in its membership? |
Yes, if it has the prescribed quorum. |
|
What is the condition for a Court of Inquiry to act despite the absence of the chairman, a member, or a vacancy? |
It must have the prescribed quorum. |
|
When is a Court of Inquiry prohibited from acting despite having the prescribed quorum? |
When the appropriate Government notifies that the services of the chairman have ceased to be available. |
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When may a Court of Inquiry resume functioning after the chairman's services cease to be available? |
After a new chairman has been appointed. |
|
What is the subject matter of Section 7 of the Industrial Disputes Act, 1947? |
Labour Courts. |
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Who may constitute Labour Courts under Section 7? |
The appropriate Government. |
|
How are Labour Courts constituted? |
By notification in the Official Gazette. |
|
How many Labour Courts may the appropriate Government constitute? |
One or more Labour Courts. |
|
For what purpose are Labour Courts constituted? |
For the adjudication of industrial disputes relating to matters specified in the Second Schedule and for performing such other functions as may be assigned under the Act. |
|
To what matters do the adjudicatory powers of a Labour Court relate? |
Matters specified in the Second Schedule. |
|
Can Labour Courts perform functions other than adjudication? |
Yes, they shall perform such other functions as may be assigned to them under the Act. |
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How many persons constitute a Labour Court? |
One person only. |
|
Who appoints the person constituting a Labour Court? |
The appropriate Government. |
|
Who is appointed to a Labour Court? |
One person as the presiding officer. |
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Is a person who is or has been a Judge of a High Court qualified for appointment as the presiding officer of a Labour Court? |
Yes. |
|
Is a person who has been a District Judge or an Additional District Judge for not less than three years qualified for appointment as the presiding officer of a Labour Court? |
Yes. |
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What is the minimum period for which a person must have served as a District Judge or Additional District Judge to qualify as the presiding officer of a Labour Court? |
Not less than three years. |
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Is a person who has held any judicial office in India for not less than seven years qualified for appointment as the presiding officer of a Labour Court? |
Yes. |
|
What is the minimum period of judicial office in India required for appointment as the presiding officer of a Labour Court? |
Not less than seven years. |
|
Is a person who has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years qualified for appointment as the presiding officer of a Labour Court? |
Yes. |
|
What is the minimum period of service as the presiding officer of a Labour Court under a Provincial Act or State Act required for qualification? |
Not less than five years. |
|
Is a Deputy Chief Labour Commissioner (Central) qualified for appointment as the presiding officer of a Labour Court? |
Yes, if he has a degree in law and at least seven years' experience in the labour department including three years' experience as Conciliation Officer. |
|
Is a Joint Commissioner of the State Labour Department qualified for appointment as the presiding officer of a Labour Court? |
Yes, if he has a degree in law and at least seven years' experience in the labour department including three years' experience as Conciliation Officer. |
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What educational qualification is required for a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department to be appointed as the presiding officer of a Labour Court? |
A degree in law. |
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What is the minimum labour department experience required for a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department to qualify? |
At least seven years. |
|
What is the minimum experience as a Conciliation Officer required for a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department to qualify? |
Three years. |
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What is the condition precedent for appointing a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department as the presiding officer of a Labour Court? |
He must resign from the service of the Central Government or State Government, as the case may be, before appointment. |
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Is an officer of the Indian Legal Service in Grade III qualified for appointment as the presiding officer of a Labour Court? |
Yes, with three years' experience in the grade. |
|
What is the minimum experience required for an officer of the Indian Legal Service in Grade III to qualify as the presiding officer of a Labour Court? |
Three years' experience in the grade. |
|
What is the subject matter of Section 7A of the Industrial Disputes Act, 1947? |
Tribunals. |
|
Who may constitute Industrial Tribunals under Section 7A? |
The appropriate Government. |
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How are Industrial Tribunals constituted? |
By notification in the Official Gazette. |
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How many Industrial Tribunals may the appropriate Government constitute? |
One or more Industrial Tribunals. |
|
For what purpose are Industrial Tribunals constituted? |
For the adjudication of industrial disputes relating to any matter specified in the Second Schedule or the Third Schedule and for performing such other functions as may be assigned under the Act. |
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To what matters do the adjudicatory powers of an Industrial Tribunal extend? |
Any matter specified in the Second Schedule or the Third Schedule. |
|
Can an Industrial Tribunal perform functions other than adjudication? |
Yes, it shall perform such other functions as may be assigned to it under the Act. |
|
Which additional jurisdiction does the Industrial Tribunal constituted by the Central Government exercise under Section 7A(1A)? |
The jurisdiction, powers and authority conferred on the Tribunal referred to in Section 7D of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. |
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From when does the Industrial Tribunal constituted by the Central Government exercise the jurisdiction under Section 7A(1A)? |
On and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017. |
|
Which Industrial Tribunal exercises the jurisdiction under Section 7D of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952? |
The Industrial Tribunal constituted by the Central Government under Section 7A(1). |
|
How many persons constitute an Industrial Tribunal? |
One person only. |
|
Who appoints the person constituting an Industrial Tribunal? |
The appropriate Government. |
|
Who is appointed to an Industrial Tribunal? |
One person as the presiding officer. |
|
Is a person who is or has been a Judge of a High Court qualified for appointment as the presiding officer of an Industrial Tribunal? |
Yes. |
|
Is a person who has been a District Judge or an Additional District Judge for not less than three years qualified for appointment as the presiding officer of an Industrial Tribunal? |
Yes. |
|
What is the minimum period of service as a District Judge or Additional District Judge required for appointment as the presiding officer of an Industrial Tribunal? |
Not less than three years. |
|
Is a Deputy Chief Labour Commissioner (Central) qualified for appointment as the presiding officer of an Industrial Tribunal? |
Yes, if he has a degree in law and at least seven years' experience in the labour department including three years' experience as Conciliation Officer. |
|
Is a Joint Commissioner of the State Labour Department qualified for appointment as the presiding officer of an Industrial Tribunal? |
Yes, if he has a degree in law and at least seven years' experience in the labour department including three years' experience as Conciliation Officer. |
|
What educational qualification is required for a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department to be appointed as the presiding officer of an Industrial Tribunal? |
A degree in law. |
|
What is the minimum labour department experience required for a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department to qualify? |
At least seven years. |
|
What is the minimum experience as a Conciliation Officer required for a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department to qualify? |
Three years. |
|
What is the condition precedent for appointing a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department as the presiding officer of an Industrial Tribunal? |
He must resign from the service of the Central Government or State Government, as the case may be, before appointment. |
|
Is an officer of the Indian Legal Service in Grade III qualified for appointment as the presiding officer of an Industrial Tribunal? |
Yes, with three years' experience in the grade. |
|
What is the minimum experience required for an officer of the Indian Legal Service in Grade III to qualify as the presiding officer of an Industrial Tribunal? |
Three years' experience in the grade. |
|
Who may appoint assessors to advise the Industrial Tribunal? |
The appropriate Government. |
|
How many assessors may be appointed to advise the Industrial Tribunal? |
Two persons. |
|
Is the appointment of assessors to the Industrial Tribunal mandatory? |
No, the appropriate Government may appoint them if it thinks fit. |
|
What is the function of assessors appointed under Section 7A(4)? |
To advise the Tribunal in the proceeding before it. |
|
What is the subject matter of Section 7B of the Industrial Disputes Act, 1947? |
National Tribunals. |
|
Who may constitute National Industrial Tribunals under Section 7B? |
The Central Government. |
|
How are National Industrial Tribunals constituted? |
By notification in the Official Gazette. |
|
How many National Industrial Tribunals may the Central Government constitute? |
One or more National Industrial Tribunals. |
|
For what purpose are National Industrial Tribunals constituted? |
For the adjudication of industrial disputes involving questions of national importance or affecting industrial establishments situated in more than one State. |
|
Whose opinion determines whether an industrial dispute involves questions of national importance under Section 7B(1)? |
The opinion of the Central Government. |
|
When may an industrial dispute be adjudicated by a National Industrial Tribunal on the ground of national importance? |
When, in the opinion of the Central Government, it involves questions of national importance. |
|
When may an industrial dispute be adjudicated by a National Industrial Tribunal on the ground of its nature? |
When, in the opinion of the Central Government, industrial establishments situated in more than one State are likely to be interested in or affected by the dispute. |
|
How many persons constitute a National Tribunal? |
One person only. |
|
Who appoints the person constituting a National Tribunal? |
The Central Government. |
|
Who is appointed to a National Tribunal? |
One person as the presiding officer. |
|
Who is qualified for appointment as the presiding officer of a National Tribunal? |
A person who is, or has been, a Judge of a High Court. |
|
Is a person who has been a Judge of a High Court qualified for appointment as the presiding officer of a National Tribunal? |
Yes. |
|
Who may appoint assessors to advise the National Tribunal? |
The Central Government. |
|
How many assessors may be appointed to advise the National Tribunal? |
Two persons. |
|
Is the appointment of assessors to the National Tribunal mandatory? |
No, the Central Government may appoint them if it thinks fit. |
|
What is the function of assessors appointed under Section 7B(4)? |
To advise the National Tribunal in the proceeding before it. |
|
What is the subject matter of Section 7C of the Industrial Disputes Act, 1947? |
Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals. |
|
To whom do the disqualifications under Section 7C apply? |
The presiding officers of Labour Courts, Tribunals and National Tribunals. |
|
Can a person who is not an independent person be appointed as the presiding officer of a Labour Court, Tribunal or National Tribunal? |
No. |
|
Can a person who is not an independent person continue as the presiding officer of a Labour Court, Tribunal or National Tribunal? |
No. |
|
Is independence a mandatory requirement for appointment or continuance as the presiding officer of a Labour Court, Tribunal or National Tribunal? |
Yes. |
|
What is the maximum age for appointment or continuance as the presiding officer of a Labour Court, Tribunal or National Tribunal? |
Sixty-five years. |
|
Can a person who has attained the age of sixty-five years be appointed as the presiding officer of a Labour Court, Tribunal or National Tribunal? |
No. |
|
Can a person continue as the presiding officer of a Labour Court, Tribunal or National Tribunal after attaining the age of sixty-five years? |
No. |
|
What is the subject matter of Section 7D of the Industrial Disputes Act, 1947? |
Qualifications, terms and conditions of service of Presiding Officer. |
|
To whom does Section 7D apply? |
The Presiding Officer of the Industrial Tribunal appointed by the Central Government under Section 7A(1). |
|
What is the overriding effect provided under Section 7D? |
It applies notwithstanding anything contained in the Industrial Disputes Act. |
|
Which matters relating to the Presiding Officer are governed under Section 7D? |
Qualifications, appointment, term of office, salaries and allowances, resignation and removal, and other terms and conditions of service. |
|
Which law governs the qualifications and service conditions of the Presiding Officer of the Industrial Tribunal appointed by the Central Government after the commencement of the Tribunals Reforms Act, 2021? |
Chapter II of the Tribunals Reforms Act, 2021. |
|
From when are the qualifications and service conditions governed by Chapter II of the Tribunals Reforms Act, 2021? |
After the commencement of the Tribunals Reforms Act, 2021. |
|
Which Presiding Officer continues to be governed by the provisions of the Industrial Disputes Act and the rules made thereunder? |
A Presiding Officer appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017. |
|
How are Presiding Officers appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017 treated? |
They continue to be governed by the provisions of the Industrial Disputes Act and the rules made thereunder. |
|
What is the legal fiction contained in the proviso to Section 7D? |
The Presiding Officer shall continue to be governed as if the provisions of Section 184 of the Finance Act, 2017 had not come into force. |
|
What is the subject matter of Section 8 of the Industrial Disputes Act, 1947? |
Filling of vacancies. |
|
When does Section 8 apply? |
When a vacancy, other than a temporary absence, occurs in the specified offices. |
|
Does Section 8 apply to a temporary absence? |
No, it applies only to a vacancy other than a temporary absence. |
|
In whose office may a vacancy occur under Section 8? |
The office of the presiding officer of a Labour Court, Tribunal or National Tribunal, or the office of the chairman or any other member of a Board or Court. |
|
Who fills a vacancy in the office of the presiding officer of a National Tribunal? |
The Central Government. |
|
Who fills a vacancy in the office of the presiding officer of a Labour Court or Tribunal? |
The appropriate Government. |
|
Who fills a vacancy in the office of the chairman or any other member of a Board or Court? |
The appropriate Government. |
|
How shall a vacancy under Section 8 be filled? |
By appointing another person in accordance with the provisions of the Act. |
|
Can proceedings continue after a vacancy is filled under Section 8? |
Yes, the proceedings may be continued. |
|
Before which authorities may proceedings continue after a vacancy is filled? |
Before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be. |
|
From which stage may proceedings continue after the vacancy is filled? |
From the stage at which the vacancy is filled. |
|
What is the subject matter of Section 9 of the Industrial Disputes Act, 1947? |
Finality of orders constituting Boards, etc. |
|
Can an order appointing the chairman or any other member of a Board or Court be called in question? |
No, such order shall not be called in question in any manner. |
|
Can an order appointing the presiding officer of a Labour Court, Tribunal or National Tribunal be called in question? |
No, such order shall not be called in question in any manner. |
|
Who may pass the order appointing the chairman or any other member of a Board or Court under Section 9(1)? |
The appropriate Government or the Central Government. |
|
Who may pass the order appointing the presiding officer of a Labour Court, Tribunal or National Tribunal under Section 9(1)? |
The appropriate Government or the Central Government. |
|
Can any act or proceeding before a Board be challenged merely because of a vacancy in the Board? |
No. |
|
Can any act or proceeding before a Court be challenged merely because of a vacancy in the Court? |
No. |
|
Can any act or proceeding before a Board or Court be challenged merely because of a defect in its constitution? |
No. |
|
Does the mere existence of a vacancy in a Board or Court invalidate its acts or proceedings? |
No. |
|
Is a settlement arrived at during conciliation invalid merely because it was reached after the expiry of the period under Section 12(6) or Section 13(5)? |
No. |
|
Which statutory time limits are referred to in Section 9(2)? |
The periods referred to in Section 12(6) or Section 13(5), as the case may be. |
|
When is a settlement before a Board protected despite the absence of a member during the proceedings? |
When the report of the settlement is signed by the chairman and all the other members of the Board. |
|
Whose signatures are required on the report of settlement under Section 9(3)? |
The chairman and all the other members of the Board. |
|
Can a settlement before a Board be invalid merely because of the casual or unforeseen absence of a member during any stage of the proceedings? |
No. |
|
Does the protection under Section 9(3) extend to the casual or unforeseen absence of the chairman? |
Yes. |
|
At what stage of the proceedings does the casual or unforeseen absence of a member not invalidate the settlement? |
During any stage of the proceeding. |
|
What is the subject matter of Section 3 of the Industrial Disputes Act, 1947? |
Works Committee. |
|
In which industrial establishments may a Works Committee be required to be constituted? |
In an industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months. |
|
|
|
|
CHAPTER - 2A |
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|
NOTICE OF CHANGE |
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|
What is the subject matter of Section 9A of the Industrial Disputes Act, 1947? |
Notice of change.
|
|
When is Section 9A applicable? |
When an employer proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule. |
|
Can an employer effect a change in service conditions without notice under Section 9A? |
No, the employer must first give notice in the prescribed manner to the workmen likely to be affected. |
|
To whom must the notice under Section 9A be given? |
The workmen likely to be affected by the proposed change. |
|
What must the notice under Section 9A contain? |
The nature of the change proposed to be effected. |
|
In what manner must notice under Section 9A be given? |
In the prescribed manner. |
|
Within what period after giving notice can the employer effect the proposed change? |
Only after the expiry of twenty-one days from giving the notice. |
|
When is notice not required under the first proviso to Section 9A(a)? |
Where the change is effected in pursuance of a settlement or award. |
|
When is notice not required under the first proviso to Section 9A(b)? |
Where the affected workmen are governed by the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules, the Indian Railway Establishment Code, or any other rules or regulations notified by the appropriate Government. |
|
Which Schedule specifies the matters for which notice of change is required under Section 9A? |
The Fourth Schedule. |
|
What is the subject matter of Section 9B of the Industrial Disputes Act, 1947? |
Power of Government to exempt. |
|
When may the appropriate Government exercise its power under Section 9B? |
When it is of the opinion that the application of Section 9A would affect employers so prejudicially that it may cause serious repercussion on the industry concerned and that public interest so requires. |
|
What must the application of Section 9A cause before an exemption can be granted under Section 9B? |
It must affect the employers so prejudicially that it may cause serious repercussion on the industry concerned. |
|
What additional requirement must be satisfied before exercising the power under Section 9B? |
Public interest must require such exemption. |
|
How may the appropriate Government grant an exemption under Section 9B? |
By notification in the Official Gazette. |
|
To whom may an exemption under Section 9B be granted? |
Any class of industrial establishments or any class of workmen employed in any industrial establishment. |
|
Can the exemption under Section 9B be conditional? |
Yes, Section 9A may be made applicable subject to such conditions as may be specified in the notification. |
|
What provision may the appropriate Government exempt under Section 9B? |
The provisions of Section 9A. |
|
|
|
|
CHAPTER - 2B |
|
|
REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES |
|
|
What is the subject matter of Section 9C of the Industrial Disputes Act, 1947? |
Setting up of Grievance Redressal Machinery. |
|
Which industrial establishments are required to set up a Grievance Redressal Committee? |
Every industrial establishment employing twenty or more workmen. |
|
How many Grievance Redressal Committees may an industrial establishment have? |
One or more Grievance Redressal Committees. |
|
For what purpose is a Grievance Redressal Committee constituted? |
For the resolution of disputes arising out of individual grievances. |
|
How shall the Grievance Redressal Committee be constituted? |
It shall consist of equal number of members from the employer and the workmen. |
|
How is the chairperson of the Grievance Redressal Committee selected? |
Alternately from the employer and from among the workmen on rotation basis every year. |
|
What is the maximum number of members of the Grievance Redressal Committee? |
The total number of members shall not exceed six. |
|
Is representation of women in the Grievance Redressal Committee required? |
Yes, as far as practicable. |
|
How many women members should the Grievance Redressal Committee have if it consists of two members? |
One woman member, as far as practicable. |
|
What is the rule regarding women members where the Grievance Redressal Committee has more than two members? |
The number of women members may be increased proportionately. |
|
Does the setting up of a Grievance Redressal Committee affect the right of a workman to raise an industrial dispute under the Act? |
No. |
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Within what period may the Grievance Redressal Committee complete its proceedings? |
Within thirty days of receipt of a written application by or on behalf of the aggrieved party. |
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From whom may the written application before the Grievance Redressal Committee be received? |
By or on behalf of the aggrieved party. |
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Who may appeal against the decision of the Grievance Redressal Committee? |
The workman aggrieved by its decision. |
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To whom does the aggrieved workman prefer an appeal under Section 9C(7)? |
The employer. |
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Within what period must the employer dispose of the appeal under Section 9C(7)? |
Within one month from the date of receipt of the appeal. |
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What must the employer do after disposing of the appeal under Section 9C(7)? |
Send a copy of his decision to the workman concerned. |
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To whom does Section 9C not apply? |
Workmen for whom there is an established Grievance Redressal Mechanism in the establishment. |
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CHAPTER – 3 |
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REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS |
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What is the subject matter of Section 10 of the Industrial Disputes Act, 1947? |
Reference of disputes to Boards, Courts or Tribunals. |
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When may the appropriate Government make a reference under Section 10(1)? |
When it is of opinion that an industrial dispute exists or is apprehended. |
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At what time may the appropriate Government make a reference under Section 10(1)? |
At any time. |
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In what form shall a reference under Section 10(1) be made? |
By order in writing. |
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To whom may the appropriate Government refer a dispute for promoting a settlement? |
To a Board. |
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For what purpose may a dispute be referred to a Board? |
For promoting a settlement thereof. |
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To whom may the appropriate Government refer any matter connected with or relevant to an industrial dispute for inquiry? |
To a Court. |
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What kind of matters may be referred to a Court under Section 10(1)(b)? |
Any matter appearing to be connected with or relevant to the dispute. |
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To whom may a dispute relating to a matter specified in the Second Schedule be referred for adjudication? |
To a Labour Court. |
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What matters may be referred to a Labour Court under Section 10(1)(c)? |
The dispute or any matter appearing to be connected with or relevant to the dispute relating to a matter specified in the Second Schedule. |
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To whom may a dispute relating to matters specified in the Second Schedule or the Third Schedule be referred for adjudication? |
To a Tribunal. |
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What matters may be referred to a Tribunal under Section 10(1)(d)? |
The dispute or any matter appearing to be connected with or relevant to the dispute, whether it relates to the Second Schedule or the Third Schedule. |
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When may a dispute relating to a matter specified in the Third Schedule be referred to a Labour Court instead of a Tribunal? |
When it is not likely to affect more than one hundred workmen and the appropriate Government thinks fit. |
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When is the appropriate Government bound to make a reference relating to a public utility service? |
When a notice under Section 22 has been given. |
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When may the appropriate Government refuse to make a reference relating to a public utility service despite notice under Section 22? |
When it considers the notice frivolously or vexatiously given or that it would be inexpedient to make the reference. |
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Can a reference relating to a public utility service be made even if other proceedings under the Act have commenced? |
Yes. |
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Where the Central Government is the appropriate Government, can it refer the dispute to a Labour Court or Industrial Tribunal constituted by the State Government? |
Yes. |
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When may the Central Government refer a dispute to a National Tribunal under Section 10(1A)? |
When it is of opinion that an industrial dispute exists or is apprehended and it should be adjudicated by a National Tribunal. |
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Can the Central Government refer a dispute to a National Tribunal even if it is not the appropriate Government? |
Yes. |
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What types of disputes may be referred to a National Tribunal under Section 10(1A)? |
Disputes involving questions of national importance or disputes likely to interest or affect industrial establishments situated in more than one State. |
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What matters may be referred to a National Tribunal under Section 10(1A)? |
The dispute or any matter connected with or relevant to the dispute, whether relating to the Second Schedule or the Third Schedule. |
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How shall the Central Government refer a dispute to a National Tribunal? |
By order in writing. |
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Can the parties to an industrial dispute apply for a reference under Section 10(2)? |
Yes. |
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How may parties apply for a reference under Section 10(2)? |
In the prescribed manner, jointly or separately. |
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To which authorities may parties seek a reference under Section 10(2)? |
A Board, Court, Labour Court, Tribunal or National Tribunal. |
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When is the appropriate Government bound to make a reference under Section 10(2)? |
When satisfied that the applicants represent the majority of each party. |
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What must an order referring a dispute to a Labour Court, Tribunal or National Tribunal specify under Section 10(2A)? |
The period within which the Labour Court, Tribunal or National Tribunal shall submit its award to the appropriate Government. |
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What is the maximum period that may be specified for disputes connected with an individual workman? |
Three months. |
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Who may apply for extension of the period specified under Section 10(2A)? |
The parties to the industrial dispute. |
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To whom may an application for extension of time under Section 10(2A) be made? |
The Labour Court, Tribunal or National Tribunal. |
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Can an application for extension of time be made jointly or separately? |
Yes. |
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On what grounds may the presiding officer extend the specified period? |
If he considers it necessary or expedient. |
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What is the requirement before extending the specified period under Section 10(2A)? |
Reasons must be recorded in writing. |
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Can the presiding officer extend the specified period by such further period as he thinks fit? |
Yes. |
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What period is excluded while computing the period specified under Section 10(2A)? |
The period during which proceedings were stayed by an injunction or order of a Civil Court. |
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Do proceedings before a Labour Court, Tribunal or National Tribunal lapse merely because the specified period has expired? |
No. |
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What power does the appropriate Government have regarding strikes or lock-outs after referring an industrial dispute under Section 10(3)? |
It may, by order, prohibit the continuance of any strike or lock-out connected with the dispute which is in existence on the date of the reference. |
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When may the appropriate Government prohibit the continuance of a strike or lock-out under Section 10(3)? |
After an industrial dispute has been referred to a Board, Labour Court, Tribunal or National Tribunal. |
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Which strikes or lock-outs may be prohibited under Section 10(3)? |
Those connected with the dispute and in existence on the date of the reference. |
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When must a Labour Court, Tribunal or National Tribunal confine its adjudication to specified points under Section 10(4)? |
When the appropriate Government has specified the points of dispute for adjudication in the reference order or a subsequent order. |
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To what matters shall a Labour Court, Tribunal or National Tribunal confine its adjudication under Section 10(4)? |
The specified points of dispute and matters incidental thereto. |
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Can the appropriate Government specify the points of dispute in a subsequent order under Section 10(4)? |
Yes. |
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When may the appropriate Government include other establishments in an existing reference under Section 10(5)? |
At the time of making the reference or any time thereafter but before the submission of the award. |
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Which authorities may receive an expanded reference under Section 10(5)? |
A Labour Court, Tribunal or National Tribunal. |
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On what basis may the appropriate Government include other establishments in a reference under Section 10(5)? |
If it is of opinion that establishments of a similar nature are likely to be interested in or affected by the dispute. |
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Can the appropriate Government act under Section 10(5) on its own motion? |
Yes. |
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Can the appropriate Government act under Section 10(5) on an application? |
Yes. |
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Which establishments may be included in a reference under Section 10(5)? |
Any other establishment, group or class of establishments of a similar nature. |
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Can establishments be included in a reference even if no dispute exists or is apprehended in them? |
Yes. |
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What is the effect of a reference to a National Tribunal under Section 10(6) on the jurisdiction of Labour Courts and Tribunals? |
No Labour Court or Tribunal shall have jurisdiction to adjudicate upon any matter under adjudication before the National Tribunal. |
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What happens to pending proceedings before a Labour Court or Tribunal when the same matter is referred to a National Tribunal? |
The proceedings, insofar as they relate to that matter, shall be deemed to have been quashed. |
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Can the appropriate Government refer a matter already under adjudication before a National Tribunal to a Labour Court or Tribunal? |
No, during the pendency of the proceedings before the National Tribunal. |
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What does the expression "Labour Court" or "Tribunal" include for the purposes of Section 10(6)? |
Any Court, Tribunal or other authority constituted under any State law relating to investigation and settlement of industrial disputes. |
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How is the expression "appropriate Government" construed where a dispute not ordinarily under the Central Government is referred to a National Tribunal? |
References in Sections 15, 17, 19, 33A, 33B and 36A shall be construed as references to the Central Government. |
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For disputes referred to a National Tribunal, which provisions treat the Central Government as the appropriate Government? |
Sections 15, 17, 19, 33A, 33B and 36A. |
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For disputes referred to a National Tribunal, how are references to the appropriate Government in provisions other than Sections 15, 17, 19, 33A, 33B and 36A construed? |
They mean references to the State Government, unless otherwise expressly provided in the Act. |
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Do proceedings before a Labour Court, Tribunal or National Tribunal lapse on the death of a workman who is a party to the dispute? |
No. |
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What is the duty of the Labour Court, Tribunal or National Tribunal where a workman party to the dispute dies? |
It shall complete the proceedings and submit its award to the appropriate Government. |
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What is the subject matter of Section 10A of the Industrial Disputes Act, 1947? |
Voluntary reference of disputes to arbitration. |
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When may an industrial dispute be referred to arbitration under Section 10A(1)? |
When an industrial dispute exists or is apprehended and the employer and the workmen agree to refer it to arbitration. |
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Who may agree to refer an industrial dispute to arbitration under Section 10A(1)? |
The employer and the workmen. |
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At what stage may the parties refer an industrial dispute to arbitration under Section 10A(1)? |
At any time before the dispute has been referred under Section 10 to a Labour Court, Tribunal or National Tribunal. |
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In what form must a reference to arbitration under Section 10A(1) be made? |
By a written agreement. |
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To whom may an industrial dispute be referred under an arbitration agreement? |
To such person or persons, including the presiding officer of a Labour Court, Tribunal or National Tribunal, as may be specified in the arbitration agreement. |
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Can the presiding officer of a Labour Court, Tribunal or National Tribunal be appointed as an arbitrator under Section 10A? |
Yes. |
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What must an arbitration agreement provide where the dispute is referred to an even number of arbitrators? |
It shall provide for the appointment of another person as umpire. |
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When does the umpire enter upon the reference under Section 10A(1A)? |
When the arbitrators are equally divided in their opinion. |
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Whose award prevails where the arbitrators are equally divided in their opinion? |
The award of the umpire. |
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How is the umpire's award treated under the Industrial Disputes Act? |
It shall prevail and be deemed to be the arbitration award for the purposes of the Act. |
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In what form shall an arbitration agreement under Section 10A(2) be made? |
In such form as may be prescribed. |
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How shall an arbitration agreement be signed? |
By the parties thereto in such manner as may be prescribed. |
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To whom shall a copy of the arbitration agreement be forwarded? |
The appropriate Government and the Conciliation Officer. |
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Within what period shall the appropriate Government publish the arbitration agreement in the Official Gazette? |
Within one month from the date of receipt of its copy. |
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Where shall the arbitration agreement be published? |
In the Official Gazette. |
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When may the appropriate Government issue a notification under Section 10A(3A)? |
When it is satisfied that the persons making the reference represent the majority of each party. |
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Within what period may the notification under Section 10A(3A) be issued? |
Within the time referred to in sub-section (3). |
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In what manner shall the notification under Section 10A(3A) be issued? |
In such manner as may be prescribed. |
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What right is given to employers and workmen who are not parties to the arbitration agreement after a notification under Section 10A(3A) is issued? |
They shall be given an opportunity of presenting their case before the arbitrator or arbitrators. |
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Who are entitled to present their case before the arbitrator despite not being parties to the arbitration agreement? |
Employers and workmen who are concerned in the dispute but are not parties to the arbitration agreement. |
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What is the duty of the arbitrator or arbitrators under Section 10A(4)? |
To investigate the dispute and submit the arbitration award to the appropriate Government. |
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By whom shall the arbitration award be signed? |
By the arbitrator or all the arbitrators, as the case may be. |
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What power does the appropriate Government have after issuing a notification under Section 10A(3A)? |
It may, by order, prohibit the continuance of any strike or lock-out connected with the dispute which is in existence on the date of the reference. |
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Which strikes or lock-outs may be prohibited under Section 10A(4A)? |
Those connected with the dispute and in existence on the date of the reference. |
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Does the Arbitration Act, 1940 apply to arbitration under Section 10A? |
No. |
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CHAPTER – 4 |
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PROCEDURE, POWERS AND DUTIES OF AUTHORITIES |
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What is the subject matter of Section 11 of the Industrial Disputes Act, 1947? |
Procedure and powers of conciliation officers, Boards, Courts and Tribunals. |
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Who shall follow such procedure as they think fit under Section 11(1)? |
An arbitrator, Board, Court, Labour Court, Tribunal or National Tribunal. |
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Subject to what condition is the procedure under Section 11(1) to be followed? |
Subject to any rules made in this behalf. |
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Who may enter the premises of an establishment for inquiry into an industrial dispute? |
A conciliation officer, a member of a Board or Court, or the presiding officer of a Labour Court, Tribunal or National Tribunal. |
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For what purpose may the authorities under Section 11(2) enter the premises of an establishment? |
For inquiry into any existing or apprehended industrial dispute. |
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What notice is required before entering the premises under Section 11(2)? |
Reasonable notice. |
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Which authorities have the same powers as a Civil Court under the Code of Civil Procedure, 1908? |
Every Board, Court, Labour Court, Tribunal and National Tribunal. |
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For what purpose do the authorities under Section 11(3) possess Civil Court powers? |
When trying a suit. |
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What power relating to witnesses is conferred on a Board, Court, Labour Court, Tribunal and National Tribunal? |
Enforcing the attendance of any person and examining him on oath. |
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What power relating to documents is conferred on a Board, Court, Labour Court, Tribunal and National Tribunal? |
Compelling the production of documents and material objects. |
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What power relating to commissions is conferred on a Board, Court, Labour Court, Tribunal and National Tribunal? |
Issuing commissions for the examination of witnesses. |
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Can a Board, Court, Labour Court, Tribunal or National Tribunal exercise powers in respect of other prescribed matters? |
Yes. |
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How is every inquiry or investigation by a Board, Court, Labour Court, Tribunal or National Tribunal treated under the Bharatiya Nyaya Sanhita? |
It is deemed to be a judicial proceeding within the meaning of Sections 229 and 267 of the Bharatiya Nyaya Sanhita. |
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What power does a conciliation officer have regarding attendance of persons? |
He may enforce the attendance of any person for examination. |
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What power does a conciliation officer have regarding documents? |
He may call for and inspect any document which he has ground for considering relevant. |
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When may a conciliation officer inspect documents? |
When he has ground for considering them relevant to the industrial dispute or necessary for verifying implementation of an award or carrying out any duty under the Act. |
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For what additional purpose may a conciliation officer inspect documents besides inquiry into a dispute? |
For verifying the implementation of any award or carrying out any other duty imposed under the Act. |
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What Civil Court powers are conferred on a conciliation officer? |
Powers of enforcing attendance and examination of persons and compelling production of documents. |
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Who may appoint assessors under Section 11(5)? |
A Court, Labour Court, Tribunal or National Tribunal. |
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Who may be appointed as an assessor under Section 11(5)? |
One or more persons having special knowledge of the matter under consideration. |
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What is the function of assessors appointed under Section 11(5)? |
To advise the Court, Labour Court, Tribunal or National Tribunal in the proceedings before it. |
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Who are deemed to be public servants under Section 11(6)? |
All conciliation officers, members of a Board or Court and the presiding officers of a Labour Court, Tribunal or National Tribunal. |
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Within the meaning of which provision are the authorities under Section 11(6) deemed to be public servants? |
Section 2(28) of the BNS. |
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Whose discretion governs the costs of proceedings before a Labour Court, Tribunal or National Tribunal? |
The Labour Court, Tribunal or National Tribunal. |
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What powers does a Labour Court, Tribunal or National Tribunal have regarding costs? |
To determine by whom, to whom, to what extent and subject to what conditions costs are to be paid and to give necessary directions. |
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How may costs awarded by a Labour Court, Tribunal or National Tribunal be recovered? |
As an arrear of land revenue on application by the entitled person to the appropriate Government. |
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For the purposes of which provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. is a Labour Court, Tribunal or National Tribunal deemed to be a Civil Court? |
Sections 384, 385 and 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023. |
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How shall every award, order or settlement of a Labour Court, Tribunal or National Tribunal be executed? |
In accordance with the procedure for execution of orders and decrees of a Civil Court under Order XXI of the Code of Civil Procedure, 1908. |
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To whom shall a Labour Court, Tribunal or National Tribunal transmit its award, order or settlement for execution? |
A Civil Court having jurisdiction. |
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How shall the Civil Court execute an award, order or settlement transmitted under Section 11(10)? |
As if it were a decree passed by that Civil Court. |
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What is the subject matter of Section 11A of the Industrial Disputes Act, 1947? |
Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen. |
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When does Section 11A apply? |
When an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication. |
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To which authorities does the power under Section 11A belong? |
Labour Courts, Tribunals and National Tribunals. |
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What satisfaction must a Labour Court, Tribunal or National Tribunal reach before exercising powers under Section 11A? |
That the order of discharge or dismissal was not justified. |
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What is the primary power of a Labour Court, Tribunal or National Tribunal where the discharge or dismissal is found unjustified? |
It may set aside the order of discharge or dismissal by its award. |
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Can a Labour Court, Tribunal or National Tribunal direct reinstatement of the workman under Section 11A? |
Yes. |
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On what basis may reinstatement be directed under Section 11A? |
On such terms and conditions, if any, as the Labour Court, Tribunal or National Tribunal thinks fit. |
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Can a Labour Court, Tribunal or National Tribunal grant relief other than reinstatement under Section 11A? |
Yes, it may give such other relief to the workman as the circumstances of the case may require. |
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Can a Labour Court, Tribunal or National Tribunal award a lesser punishment instead of discharge or dismissal? |
Yes. |
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In place of what may a lesser punishment be awarded under Section 11A? |
In lieu of discharge or dismissal. |
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On what basis may relief under Section 11A be granted? |
As the circumstances of the case may require. |
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On what material shall the Labour Court, Tribunal or National Tribunal rely in proceedings under Section 11A? |
Only on the materials on record. |
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Can fresh evidence be taken in proceedings under Section 11A? |
No, no fresh evidence shall be taken in relation to the matter. |
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What is the subject matter of Section 12 of the Industrial Disputes Act, 1947? |
Duties of conciliation officers. |
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When may a conciliation officer hold conciliation proceedings under Section 12(1)? |
Where any industrial dispute exists or is apprehended. |
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When is a conciliation officer bound to hold conciliation proceedings? |
Where the dispute relates to a public utility service and a notice under Section 22 has been given. |
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In what manner shall conciliation proceedings be held? |
In the prescribed manner. |
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For what purpose shall a conciliation officer investigate the dispute under Section 12(2)? |
For bringing about a settlement of the dispute. |
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How shall a conciliation officer investigate the dispute under Section 12(2)? |
Without delay. |
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What shall a conciliation officer investigate under Section 12(2)? |
The dispute and all matters affecting its merits and the right settlement thereof. |
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What may a conciliation officer do to bring about a settlement? |
Do all such things as he thinks fit to induce the parties to come to a fair and amicable settlement. |
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What type of settlement shall a conciliation officer endeavour to secure? |
A fair and amicable settlement of the dispute. |
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What shall a conciliation officer do when a settlement is arrived at during conciliation proceedings? |
Send a report thereof together with a memorandum of settlement signed by the parties. |
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To whom shall the conciliation officer send the settlement report under Section 12(3)? |
The appropriate Government or an officer authorised by it. |
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What document must accompany the settlement report under Section 12(3)? |
A memorandum of the settlement signed by the parties to the dispute. |
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What shall a conciliation officer do if no settlement is arrived at? |
Send a full report to the appropriate Government as soon as practicable after the close of the investigation. |
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What shall the report under Section 12(4) contain? |
The steps taken to ascertain the facts and circumstances relating to the dispute and to bring about a settlement, a full statement of such facts and circumstances, and the reasons why settlement could not be arrived at. |
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What may the appropriate Government do after considering the report under Section 12(4)? |
Make a reference to a Board, Labour Court, Tribunal or National Tribunal. |
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What must the appropriate Government do if it does not make a reference under Section 12(5)? |
Record and communicate its reasons to the parties concerned. |
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Within what period shall a report under Section 12 ordinarily be submitted? |
Within fourteen days of the commencement of the conciliation proceedings. |
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Can the appropriate Government fix a shorter period for submission of the report under Section 12(6)? |
Yes. |
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Can the time for submission of the report under Section 12(6) be extended? |
Yes. |
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Whose approval is necessary for extending the time for submission of the report under Section 12(6)? |
The conciliation officer. |
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What is the condition for extension of the time for submission of the report under Section 12(6)? |
All the parties to the dispute must agree to the extension in writing. |
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What is the subject matter of Section 13 of the Industrial Disputes Act, 1947? |
Duties of Board. |
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When do the duties under Section 13 arise? |
When a dispute has been referred to a Board under the Act. |
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What is the primary duty of a Board under Section 13(1)? |
To endeavour to bring about a settlement of the dispute. |
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For what purpose shall the Board investigate the dispute? |
For bringing about a settlement of the dispute. |
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How shall the Board investigate the dispute under Section 13(1)? |
In such manner as it thinks fit and without delay. |
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What shall the Board investigate under Section 13(1)? |
The dispute and all matters affecting its merits and the right settlement thereof. |
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What may the Board do to bring about a settlement? |
Do all such things as it thinks fit to induce the parties to come to a fair and amicable settlement. |
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What type of settlement shall the Board endeavour to secure? |
A fair and amicable settlement of the dispute. |
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What shall the Board do when a settlement is arrived at during conciliation proceedings? |
Send a report thereof to the appropriate Government together with a memorandum of settlement signed by the parties. |
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What document must accompany the Board's report under Section 13(2)? |
A memorandum of the settlement signed by the parties to the dispute. |
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What shall the Board do if no settlement is arrived at? |
Send a full report to the appropriate Government as soon as practicable after the close of the investigation. |
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What shall the report under Section 13(3) contain? |
The proceedings and steps taken by the Board, the facts and circumstances relating to the dispute, its findings, the reasons why settlement could not be arrived at, and its recommendations for determination of the dispute. |
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What must the appropriate Government do if it does not refer a public utility service dispute under Section 10 after receiving the Board's report? |
Record and communicate its reasons to the parties concerned. |
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To which authorities may the appropriate Government refer a public utility service dispute under Section 13(4)? |
A Labour Court, Tribunal or National Tribunal. |
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Within what period shall the Board submit its report under Section 13? |
Within two months from the date on which the dispute was referred to it. |
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Can the appropriate Government fix a shorter period for submission of the Board's report? |
Yes. |
|
Can the appropriate Government extend the time for submission of the Board's report? |
Yes. |
|
What is the maximum aggregate period by which the appropriate Government may extend the time for submission of the Board's report? |
Not exceeding two months in the aggregate. |
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Can the time for submission of the Board's report be extended by agreement of the parties? |
Yes. |
|
What is the condition for extension of the time for submission of the Board's report by the parties? |
All the parties to the dispute must agree to the extension in writing. |
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What is the subject matter of Section 14 of the Industrial Disputes Act, 1947? |
Duties of Courts. |
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What is the duty of a Court under Section 14? |
To inquire into the matters referred to it and report thereon to the appropriate Government. |
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To whom shall a Court submit its report under Section 14? |
The appropriate Government. |
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Within what period shall a Court ordinarily submit its report under Section 14? |
Within six months from the commencement of its inquiry. |
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From which date is the period under Section 14 computed? |
From the commencement of the inquiry. |
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What is the subject matter of Section 15 of the Industrial Disputes Act, 1947? |
Duties of Labour Courts, Tribunals and National Tribunals. |
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When do the duties under Section 15 arise? |
When an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication. |
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How shall a Labour Court, Tribunal or National Tribunal conduct its proceedings under Section 15? |
Expeditiously. |
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Within what period shall a Labour Court, Tribunal or National Tribunal submit its award? |
Within the period specified in the order referring the industrial dispute or the further period extended under the second proviso to Section 10(2A). |
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To whom shall a Labour Court, Tribunal or National Tribunal submit its award under Section 15? |
The appropriate Government. |
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What is the subject matter of Section 16 of the Industrial Disputes Act, 1947? |
Form of report or award. |
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In what form shall the report of a Board or Court be made? |
In writing. |
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Who shall sign the report of a Board? |
All the members of the Board. |
|
Who shall sign the report of a Court? |
All the members of the Court. |
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Can a member of a Board record a minute of dissent from the report? |
Yes. |
|
Can a member of a Court record a minute of dissent from the report? |
Yes. |
|
Can a member of a Board record a minute of dissent from any recommendation contained in the report? |
Yes. |
|
Can a member of a Court record a minute of dissent from any recommendation contained in the report? |
Yes. |
|
In what form shall the award of a Labour Court, Tribunal or National Tribunal be made? |
In writing. |
|
Who shall sign the award of a Labour Court? |
Its presiding officer. |
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Who shall sign the award of a Tribunal? |
Its presiding officer. |
|
Who shall sign the award of a National Tribunal? |
Its presiding officer. |
|
What is the subject matter of Section 17 of the Industrial Disputes Act, 1947? |
Publication of reports and awards. |
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Which reports and awards are required to be published under Section 17(1)? |
Every report of a Board or Court together with any minute of dissent recorded therewith, every arbitration award and every award of a Labour Court, Tribunal or National Tribunal. |
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Who is required to publish the reports and awards under Section 17(1)? |
The appropriate Government. |
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Within what period shall the reports and awards be published under Section 17(1)? |
Within thirty days from the date of their receipt by the appropriate Government. |
|
From which date is the period of thirty days computed under Section 17(1)? |
From the date of receipt by the appropriate Government. |
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In what manner shall the reports and awards be published? |
In such manner as the appropriate Government thinks fit. |
|
What shall accompany the report of a Board or Court at the time of publication? |
Any minute of dissent recorded therewith. |
|
How is an arbitration award dealt with under Section 17(1)? |
Every arbitration award shall be published by the appropriate Government within thirty days from the date of its receipt. |
|
How is an award of a Labour Court dealt with under Section 17(1)? |
Every award of a Labour Court shall be published by the appropriate Government within thirty days from the date of its receipt. |
|
How is an award of a Tribunal dealt with under Section 17(1)? |
Every award of a Tribunal shall be published by the appropriate Government within thirty days from the date of its receipt. |
|
How is an award of a National Tribunal dealt with under Section 17(1)? |
Every award of a National Tribunal shall be published by the appropriate Government within thirty days from the date of its receipt. |
|
What is the effect of publication of an award under Section 17(2)? |
Subject to the provisions of Section 17A, the award shall be final. |
|
To what provision is the finality of an award under Section 17(2) subject? |
Section 17A. |
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Can an award published under Section 17(1) be challenged before any Court? |
The award published under Section 17(1) shall not be called in question by any Court in any manner whatsoever, subject to Section 17A. |
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What is the subject matter of Section 17A of the Industrial Disputes Act, 1947? |
Commencement of the award. |
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When does an award become enforceable under Section 17A(1)? |
On the expiry of thirty days from the date of its publication under Section 17. |
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Does Section 17A apply to an arbitration award? |
An arbitration award shall become enforceable on the expiry of thirty days from the date of its publication under Section 17. |
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When may the appropriate Government declare that an award shall not become enforceable after thirty days? |
Where it is a party to the industrial dispute and is of opinion that it would be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award. |
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When may the Central Government declare that an award of a National Tribunal shall not become enforceable after thirty days? |
Where it is of opinion that it would be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award. |
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On what grounds may the Government declare that an award shall not become enforceable? |
Public grounds affecting national economy or social justice. |
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How is a declaration under the proviso to Section 17A(1) made? |
By notification in the Official Gazette. |
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What is the effect of a declaration under the proviso to Section 17A(1)? |
The award shall not become enforceable on the expiry of thirty days from its publication. |
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Within what period may the appropriate Government or the Central Government reject or modify an award after making a declaration under Section 17A(1)? |
Within ninety days from the date of publication of the award under Section 17. |
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What action may the Government take under Section 17A(2) after making a declaration? |
It may make an order rejecting or modifying the award. |
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Before whom shall an award and the order under Section 17A(2) be laid when made by a State Government? |
Before the Legislature of the State. |
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Before whom shall an award and the order under Section 17A(2) be laid when made by the Central Government? |
Before Parliament. |
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When shall an award rejected or modified under Section 17A(2) become enforceable? |
On the expiry of fifteen days from the date on which it is laid before the Legislature of the State or Parliament. |
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When does an award become enforceable if no order under Section 17A(2) is made after a declaration under the proviso to Section 17A(1)? |
On the expiry of ninety days from the date of publication of the award under Section 17. |
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From what date does an award come into operation under Section 17A(4)? |
From the date specified in the award. |
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When does an award come into operation if no date is specified in the award? |
On the date on which the award becomes enforceable under Section 17A(1) or Section 17A(3), as the case may be. |
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What is the subject matter of Section 17B of the Industrial Disputes Act, 1947? |
Payment of full wages to workman pending proceedings in higher courts. |
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When does Section 17B become applicable? |
Where a Labour Court, Tribunal or National Tribunal directs reinstatement of a workman by its award and the employer prefers proceedings against the award in the High Court or the Supreme Court. |
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Which authorities' awards are covered under Section 17B? |
Awards of a Labour Court, Tribunal or National Tribunal directing reinstatement of a workman. |
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Before which Courts must the employer prefer proceedings for Section 17B to apply? |
The High Court or the Supreme Court. |
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What is the liability of the employer under Section 17B? |
To pay the workman full wages last drawn during the pendency of the proceedings in the High Court or the Supreme Court. |
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For what period are full wages payable under Section 17B? |
During the pendency of the proceedings in the High Court or the Supreme Court. |
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What do "full wages last drawn" include under Section 17B? |
Any maintenance allowance admissible to the workman under any rule. |
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What condition regarding employment must be satisfied for payment under Section 17B? |
The workman had not been employed in any establishment during the relevant period. |
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What procedural requirement must the workman comply with to claim wages under Section 17B? |
An affidavit stating that he had not been employed in any establishment during the relevant period must be filed in the High Court or the Supreme Court. |
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When shall wages not be payable under Section 17B? |
Where it is proved to the satisfaction of the High Court or the Supreme Court that the workman had been employed and had been receiving adequate remuneration during such period or part thereof. |
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What must be proved to deny wages under Section 17B? |
That the workman had been employed and had been receiving adequate remuneration during the relevant period or part thereof. |
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What order shall the High Court or the Supreme Court pass if the workman was employed and receiving adequate remuneration? |
That no wages shall be payable under Section 17B for such period or part thereof. |
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What is the subject matter of Section 18 of the Industrial Disputes Act, 1947? |
Persons on whom settlements and awards are binding. |
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On whom is a settlement arrived at otherwise than in the course of conciliation proceedings binding? |
The parties to the agreement. |
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When is a settlement under Section 18(1) binding only on the parties to the agreement? |
When it is arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceedings. |
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On whom is an enforceable arbitration award under Section 18(2) binding? |
The parties to the agreement who referred the dispute to arbitration. |
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What is the condition for an arbitration award to be binding under Section 18(2)? |
The arbitration award must have become enforceable. |
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Which settlements and awards are governed by Section 18(3)? |
A settlement arrived at in the course of conciliation proceedings, an arbitration award where a notification has been issued under Section 10A(3A), and an enforceable award of a Labour Court, Tribunal or National Tribunal. |
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On whom is a settlement arrived at in the course of conciliation proceedings binding? |
All parties to the industrial dispute. |
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On whom is an arbitration award covered by Section 10A(3A) binding? |
All parties specified in Section 18(3). |
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On whom is an enforceable award of a Labour Court, Tribunal or National Tribunal binding? |
All parties specified in Section 18(3). |
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Are parties summoned to appear in the proceedings bound by a settlement or award under Section 18(3)? |
All other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, arbitrator, Labour Court, Tribunal or National Tribunal records the opinion that they were summoned without proper cause. |
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When are summoned parties not bound by a settlement or award under Section 18(3)(b)? |
When the Board, arbitrator, Labour Court, Tribunal or National Tribunal records the opinion that they were summoned without proper cause. |
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On whom is a settlement or award binding where the party is an employer? |
The employer, his heirs, successors and assigns in respect of the establishment to which the dispute relates. |
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On whom is a settlement or award binding where the party is composed of workmen? |
All persons employed in the establishment or part of the establishment on the date of the dispute and all persons who subsequently become employed in that establishment or part. |
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Which future employees are bound by a settlement or award under Section 18(3)(d)? |
All persons who subsequently become employed in the establishment or part of the establishment to which the dispute relates. |
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What is the subject matter of Section 19 of the Industrial Disputes Act, 1947? |
Period of operation of settlements and awards. |
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When does a settlement come into operation under Section 19(1)? |
On such date as is agreed upon by the parties to the dispute. |
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When does a settlement come into operation if no date is agreed upon by the parties? |
On the date on which the memorandum of the settlement is signed by the parties to the dispute. |
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For what period is a settlement binding where the parties have agreed upon a period? |
For such period as is agreed upon by the parties. |
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For what period is a settlement binding if no period is agreed upon? |
For six months from the date on which the memorandum of settlement is signed by the parties to the dispute. |
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Does a settlement cease to bind the parties immediately after the agreed period or six months expires? |
The settlement shall continue to be binding until the expiry of two months from the date on which a notice in writing of intention to terminate the settlement is given by one party to the other party or parties. |
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What is required to terminate the binding effect of a settlement after its period of operation? |
A notice in writing of intention to terminate the settlement. |
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To whom must the notice of intention to terminate a settlement be given? |
To the other party or parties to the settlement. |
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For what period does an award remain in operation under Section 19(3)? |
For one year from the date on which the award becomes enforceable under Section 17A. |
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From which date is the period of operation of an award computed? |
From the date on which the award becomes enforceable under Section 17A. |
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Can the appropriate Government reduce the period of operation of an award? |
The appropriate Government may reduce the period and fix such period as it thinks fit. |
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Can the appropriate Government extend the period of operation of an award? |
The appropriate Government may, before the expiry of the period, extend the period of operation by any period not exceeding one year at a time. |
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What is the maximum total period for which the operation of an award may be extended? |
Three years from the date on which the award came into operation. |
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When may the appropriate Government refer an award under Section 19(4)? |
Where it considers that there has been a material change in the circumstances on which the award was based. |
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Who may apply for a reference under Section 19(4)? |
Any party bound by the award. |
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To whom is an award of a Labour Court referred under Section 19(4)? |
To a Labour Court. |
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To whom is an award of a Tribunal or National Tribunal referred under Section 19(4)? |
To a Tribunal. |
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For what purpose may an award be referred under Section 19(4)? |
For deciding whether the period of operation should be shortened because of the material change in circumstances. |
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What is the effect of the decision of the Labour Court or Tribunal under Section 19(4)? |
The decision shall be final. |
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To which awards does Section 19(3) not apply? |
Awards which by their nature, terms or other circumstances do not impose any continuing obligation after being given effect to. |
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What is the effect of expiry of the period of operation of an award under Section 19(6)? |
The award shall continue to be binding until two months have elapsed from the date on which notice of intention to terminate the award is given. |
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Who may give notice to terminate an award under Section 19(6)? |
Any party bound by the award. |
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To whom must the notice of intention to terminate an award be given? |
The other party or parties bound by the award. |
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What is the requirement for a notice under Section 19(2) or Section 19(6) to be effective? |
It must be given by a party representing the majority of persons bound by the settlement or award, as the case may be. |
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What is the subject matter of Section 20 of the Industrial Disputes Act, 1947? |
Commencement and conclusion of proceedings. |
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When is a conciliation proceeding deemed to have commenced on receipt of a strike or lock-out notice? |
On the date on which a notice of strike or lock-out under Section 22 is received by the conciliation officer. |
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When is a conciliation proceeding deemed to have commenced where the dispute is referred to a Board? |
On the date of the order referring the dispute to a Board. |
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When is a conciliation proceeding deemed to have concluded where a settlement is arrived at? |
When a memorandum of the settlement is signed by the parties to the dispute. |
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When is a conciliation proceeding deemed to have concluded where no settlement is arrived at before a conciliation officer? |
When the report of the conciliation officer is received by the appropriate Government. |
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When is a conciliation proceeding deemed to have concluded where no settlement is arrived at before a Board? |
When the report of the Board is published under Section 17. |
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When is a conciliation proceeding deemed to have concluded during its pendency by reason of a reference under Section 10? |
When a reference is made to a Court, Labour Court, Tribunal or National Tribunal under Section 10. |
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When are proceedings before an arbitrator deemed to have commenced? |
On the date of the reference of the dispute for arbitration. |
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When are proceedings before a Labour Court, Tribunal or National Tribunal deemed to have commenced? |
On the date of the reference of the dispute for adjudication. |
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When are proceedings before an arbitrator under Section 10A deemed to have concluded? |
On the date on which the award becomes enforceable under Section 17A. |
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When are proceedings before a Labour Court, Tribunal or National Tribunal deemed to have concluded? |
On the date on which the award becomes enforceable under Section 17A. |
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What is the subject matter of Section 21 of the Industrial Disputes Act, 1947? |
Certain matters to be kept confidential. |
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What information shall not be included in any report or award under the Act? |
Information obtained in the course of any investigation or inquiry as to a trade union or any individual business which is not available otherwise than through the evidence given before the authority concerned. |
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Which authorities are prohibited from including confidential information in a report or award? |
A conciliation officer, Board, Court, Labour Court, Tribunal, National Tribunal or an arbitrator. |
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What type of business information is protected under Section 21? |
Information relating to any individual business carried on by a person, firm or company. |
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What is the source of information protected under Section 21? |
Information not available otherwise than through the evidence given before the authority concerned. |
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What condition must be fulfilled before information is treated as confidential under Section 21? |
The trade union, person, firm or company must make a request in writing that the information be treated as confidential. |
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To whom must the written request for confidentiality be made? |
The conciliation officer, Board, Court, Labour Court, Tribunal, National Tribunal or arbitrator, as the case may be. |
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Who is prohibited from disclosing confidential information under Section 21? |
The conciliation officer, any individual member of the Board or Court, the presiding officer of the Labour Court, Tribunal or National Tribunal, the arbitrator, or any person present at or concerned in the proceedings. |
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Under what condition may confidential information be disclosed? |
With the consent in writing of the secretary of the trade union or the person, firm or company concerned, as the case may be. |
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Whose written consent is required for disclosure of confidential information relating to a trade union? |
The secretary of the trade union. |
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Whose written consent is required for disclosure of confidential information relating to an individual business? |
The person, firm or company concerned. |
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For what purpose does the confidentiality provision under Section 21 not apply? |
Disclosure of such information for the purposes of a prosecution under Section 229 of the Bharatiya Nyaya Sanhita. |
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CHAPTER V |
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STRIKES AND LOCK-OUTS |
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What is the subject matter of Section 22 of the Industrial Disputes Act, 1947? |
Prohibition of strikes and lock-outs. |
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To whom does the prohibition under Section 22(1) apply? |
Persons employed in a public utility service. |
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Under what circumstance is a strike prohibited under Section 22(1)? |
Where a person employed in a public utility service goes on strike in breach of contract. |
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When must notice of strike be given under Section 22(1)(a)? |
Within six weeks before striking. |
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To whom must notice of strike be given under Section 22(1)(a)? |
The employer. |
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Can a person employed in a public utility service go on strike within fourteen days of giving notice? |
A person employed in a public utility service shall not go on strike within fourteen days of giving such notice. |
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Can a person employed in a public utility service go on strike before the date specified in the notice? |
A person employed in a public utility service shall not go on strike before the expiry of the date of strike specified in the notice. |
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Can a person employed in a public utility service go on strike during conciliation proceedings? |
A person employed in a public utility service shall not go on strike during the pendency of conciliation proceedings before a conciliation officer and for seven days after the conclusion of such proceedings. |
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To whom does the prohibition under Section 22(2) apply? |
An employer carrying on a public utility service. |
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Under what circumstance is a lock-out prohibited under Section 22(2)? |
Where an employer carrying on a public utility service declares a lock-out. |
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When must notice of lock-out be given under Section 22(2)(a)? |
Within six weeks before locking out. |
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To whom must notice of lock-out be given under Section 22(2)(a)? |
The workmen. |
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Can an employer declare a lock-out within fourteen days of giving notice? |
An employer carrying on a public utility service shall not lock out any workman within fourteen days of giving such notice. |
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Can an employer declare a lock-out before the date specified in the notice? |
An employer carrying on a public utility service shall not lock out any workman before the expiry of the date of lock-out specified in the notice. |
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Can an employer declare a lock-out during conciliation proceedings? |
An employer carrying on a public utility service shall not lock out any workman during the pendency of conciliation proceedings before a conciliation officer and for seven days after the conclusion of such proceedings. |
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When is notice of strike or lock-out not necessary under Section 22(3)? |
Where there is already in existence a strike or, as the case may be, a lock-out in the public utility service. |
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What must the employer do where notice of strike or lock-out is not necessary under Section 22(3)? |
Send intimation of the strike or lock-out on the day on which it is declared. |
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To whom shall intimation under Section 22(3) be sent? |
To such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services. |
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By whom shall the authority under Section 22(3) be specified? |
The appropriate Government. |
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How shall the notice of strike under Section 22(4) be given? |
By such number of persons, to such person or persons, and in such manner as may be prescribed. |
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How shall the notice of lock-out under Section 22(5) be given? |
In such manner as may be prescribed. |
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What is the duty of an employer on receiving or giving notices under Section 22? |
To report the number of such notices received or given to the appropriate Government or the prescribed authority. |
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Within what period shall the employer report the notices under Section 22(6)? |
Within five days thereof. |
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To whom shall the employer report the notices under Section 22(6)? |
The appropriate Government or such authority as that Government may prescribe. |
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What particulars shall be reported by the employer under Section 22(6)? |
The number of notices of strike received or notices of lock-out given on that day. |
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What is the subject matter of Section 23 of the Industrial Disputes Act, 1947? |
General prohibition of strikes and lock-outs. |
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To whom does the prohibition under Section 23 apply? |
Workmen employed in any industrial establishment and the employers of such workmen. |
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Under what circumstance is a strike prohibited under Section 23? |
Where a workman goes on strike in breach of contract during the prohibited periods. |
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Under what circumstance is a lock-out prohibited under Section 23? |
Where an employer declares a lock-out during the prohibited periods. |
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Can a workman go on strike during the pendency of conciliation proceedings before a Board? |
A workman shall not go on strike during the pendency of conciliation proceedings before a Board and for seven days after the conclusion of such proceedings. |
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Can an employer declare a lock-out during the pendency of conciliation proceedings before a Board? |
An employer shall not declare a lock-out during the pendency of conciliation proceedings before a Board and for seven days after the conclusion of such proceedings. |
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Can a workman go on strike during proceedings before a Labour Court, Tribunal or National Tribunal? |
A workman shall not go on strike during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and for two months after the conclusion of such proceedings. |
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Can an employer declare a lock-out during proceedings before a Labour Court, Tribunal or National Tribunal? |
An employer shall not declare a lock-out during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and for two months after the conclusion of such proceedings. |
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When is a strike prohibited during arbitration proceedings under Section 23(bb)? |
During the pendency of arbitration proceedings before an arbitrator and for two months after the conclusion of such proceedings where a notification has been issued under Section 10A(3A). |
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When is a lock-out prohibited during arbitration proceedings under Section 23(bb)? |
During the pendency of arbitration proceedings before an arbitrator and for two months after the conclusion of such proceedings where a notification has been issued under Section 10A(3A). |
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Can a workman go on strike during the operation of a settlement or award? |
A workman shall not go on strike during any period in which a settlement or award is in operation in respect of any of the matters covered by the settlement or award. |
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Can an employer declare a lock-out during the operation of a settlement or award? |
An employer shall not declare a lock-out during any period in which a settlement or award is in operation in respect of any of the matters covered by the settlement or award. |
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What is the subject matter of Section 24 of the Industrial Disputes Act, 1947? |
Illegal strikes and lock-outs. |
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When is a strike illegal under Section 24(1)(i)? |
When it is commenced in contravention of Section 22 or Section 23. |
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When is a lock-out illegal under Section 24(1)(i)? |
When it is declared in contravention of Section 22 or Section 23. |
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When does the continuance of a strike become illegal under Section 24(1)(ii)? |
When it is continued in contravention of an order made under Section 10(3) or Section 10A(4A). |
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When does the continuance of a lock-out become illegal under Section 24(1)(ii)? |
When it is continued in contravention of an order made under Section 10(3) or Section 10A(4A). |
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When is the continuance of an existing strike not deemed to be illegal after reference of the dispute? |
Where the strike had already commenced and was in existence at the time of reference to a Board, arbitrator, Labour Court, Tribunal or National Tribunal and was not illegal at its commencement and its continuance was not prohibited under Section 10(3) or Section 10A(4A). |
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When is the continuance of an existing lock-out not deemed to be illegal after reference of the dispute? |
Where the lock-out had already commenced and was in existence at the time of reference to a Board, arbitrator, Labour Court, Tribunal or National Tribunal and was not illegal at its commencement and its continuance was not prohibited under Section 10(3) or Section 10A(4A). |
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To which authorities may a dispute be referred for the purpose of Section 24(2)? |
A Board, an arbitrator, a Labour Court, a Tribunal or a National Tribunal. |
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What is the condition regarding the commencement of a strike for protection under Section 24(2)? |
The strike must not have been in contravention of the provisions of the Act at its commencement. |
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What is the condition regarding the commencement of a lock-out for protection under Section 24(2)? |
The lock-out must not have been in contravention of the provisions of the Act at its commencement. |
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What is the condition regarding the continuance of a strike for protection under Section 24(2)? |
Its continuance must not have been prohibited under Section 10(3) or Section 10A(4A). |
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What is the condition regarding the continuance of a lock-out for protection under Section 24(2)? |
Its continuance must not have been prohibited under Section 10(3) or Section 10A(4A). |
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How is a lock-out declared in consequence of an illegal strike treated under Section 24(3)? |
A lock-out declared in consequence of an illegal strike shall not be deemed to be illegal. |
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How is a strike declared in consequence of an illegal lock-out treated under Section 24(3)? |
A strike declared in consequence of an illegal lock-out shall not be deemed to be illegal. |
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What is the subject matter of Section 25 of the Industrial Disputes Act, 1947? |
Prohibition of financial aid to illegal strikes and lock-outs. |
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What is prohibited under Section 25 of the Industrial Disputes Act, 1947? |
Knowingly expending or applying any money in direct furtherance or support of any illegal strike or lock-out. |
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Who is prohibited from providing financial aid to an illegal strike or lock-out? |
No person. |
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What is the mental element required for liability under Section 25? |
The money must be knowingly expended or applied. |
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For what purpose is expenditure or application of money prohibited under Section 25? |
In direct furtherance or support of any illegal strike or lock-out. |
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CHAPTER - 5A |
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LAY-OFF AND RETRENCHMENT |
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What is the subject matter of Section 25A of the Industrial Disputes Act, 1947? |
Application of Sections 25C to 25E. |
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To which establishments do Sections 25C to 25E not apply? |
Industrial establishments to which Chapter VB applies. |
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To which industrial establishments do Sections 25C to 25E not apply on the basis of the number of workmen? |
Industrial establishments in which less than fifty workmen on an average per working day have been employed in the preceding calendar month. |
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What is the relevant period for determining the average number of workmen under Section 25A(1)(a)? |
The preceding calendar month. |
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To which industrial establishments do Sections 25C to 25E not apply on the basis of the nature of work? |
Industrial establishments which are of a seasonal character or in which work is performed only intermittently. |
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Who decides whether an industrial establishment is of a seasonal character or whether work is performed only intermittently? |
The appropriate Government. |
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What is the nature of the decision of the appropriate Government under Section 25A(2)? |
The decision shall be final. |
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What does "industrial establishment" mean for the purposes of Sections 25A, 25C, 25D and 25E? |
A factory, a mine or a plantation as defined in the respective Acts. |
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How is "factory" defined for the purposes of Section 25A? |
A factory as defined in clause (m) of Section 2 of the Factories Act, 1948. |
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How is "mine" defined for the purposes of Section 25A? |
A mine as defined in clause (i) of Section 2 of the Mines Act, 1952. |
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How is "plantation" defined for the purposes of Section 25A? |
A plantation as defined in clause (f) of Section 2 of the Plantations Labour Act, 1951. |
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What is the subject matter of Section 25B of the Industrial Disputes Act, 1947? |
Definition of continuous service. |
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For what purpose is the definition under Section 25B applicable? |
For the purposes of this Chapter. |
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When is a workman said to be in continuous service under Section 25B(1)? |
When he is in uninterrupted service for the relevant period. |
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Does continuous service include interruption due to sickness? |
Service interrupted on account of sickness is included in continuous service. |
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Does continuous service include interruption due to authorised leave? |
Service interrupted on account of authorised leave is included in continuous service. |
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Does continuous service include interruption due to an accident? |
Service interrupted on account of an accident is included in continuous service. |
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Does continuous service include interruption due to a strike? |
Service interrupted on account of a strike which is not illegal is included in continuous service. |
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Does continuous service include interruption due to a lock-out? |
Service interrupted on account of a lock-out is included in continuous service. |
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Does continuous service include interruption due to cessation of work? |
Service interrupted on account of cessation of work not due to any fault of the workman is included in continuous service. |
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When is a workman deemed to be in continuous service for one year under Section 25B(2)(a)? |
When he has actually worked under the employer for the prescribed minimum number of days during the twelve calendar months preceding the relevant date. |
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What is the qualifying period for deeming continuous service of one year? |
Twelve calendar months preceding the date with reference to which calculation is to be made. |
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How many days must a workman employed below ground in a mine actually work to be deemed in continuous service for one year? |
Not less than one hundred and ninety days. |
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How many days must a workman in any case other than a mine worker below ground actually work to be deemed in continuous service for one year? |
Not less than two hundred and forty days. |
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When is a workman deemed to be in continuous service for six months under Section 25B(2)(b)? |
When he has actually worked under the employer for the prescribed minimum number of days during the six calendar months preceding the relevant date. |
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What is the qualifying period for deeming continuous service of six months? |
Six calendar months preceding the date with reference to which calculation is to be made. |
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How many days must a workman employed below ground in a mine actually work to be deemed in continuous service for six months? |
Not less than ninety-five days. |
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How many days must a workman in any case other than a mine worker below ground actually work to be deemed in continuous service for six months? |
Not less than one hundred and twenty days. |
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Which days are included in the days actually worked for the purposes of Section 25B(2)? |
Days on which the workman has been laid-off under an agreement, standing orders, this Act or any other applicable law. |
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Which leave period is included in the days actually worked under Section 25B? |
Leave with full wages earned in the previous years. |
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Is temporary disablement due to an employment accident included in the days actually worked? |
Days of absence due to temporary disablement caused by an accident arising out of and in the course of employment are included. |
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Is maternity leave included in the days actually worked for a female workman? |
Maternity leave is included, subject to a maximum period of twelve weeks. |
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What is the maximum period of maternity leave that may be counted as days actually worked under Section 25B? |
Twelve weeks. |
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What is the subject matter of Section 25C of the Industrial Disputes Act, 1947? |
Right of workmen laid-off for compensation. |
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Which workmen are entitled to lay-off compensation under Section 25C? |
A workman, other than a badli workman or a casual workman, whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer. |
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Which workmen are excluded from the benefit of lay-off compensation under Section 25C? |
Badli workmen and casual workmen. |
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What is the minimum continuous service required for entitlement to lay-off compensation under Section 25C? |
Not less than one year of continuous service under an employer. |
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What additional requirement regarding the muster rolls must be satisfied for claiming lay-off compensation? |
The workman's name must be borne on the muster rolls of the industrial establishment. |
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When is a workman entitled to lay-off compensation under Section 25C? |
Whenever he is laid-off, whether continuously or intermittently. |
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For which days is lay-off compensation payable? |
For all days during which the workman is laid-off, except such weekly holidays as may intervene. |
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What is the amount of lay-off compensation payable under Section 25C? |
Fifty per cent of the total of the basic wages and dearness allowance that would have been payable had the workman not been laid-off. |
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How is lay-off compensation calculated under Section 25C? |
It is equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable had the workman not been laid-off. |
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When is lay-off compensation not payable after the first forty-five days? |
Where the workman is laid-off for more than forty-five days during any period of twelve months and there is an agreement to that effect between the workman and the employer. |
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What is the relevant period for calculating the forty-five days of lay-off under the first proviso? |
Any period of twelve months. |
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What is the condition for denial of lay-off compensation after the first forty-five days? |
There must be an agreement to that effect between the workman and the employer. |
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When may an employer retrench a laid-off workman under the second proviso to Section 25C? |
At any time after the expiry of the first forty-five days of the lay-off in accordance with Section 25F. |
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In accordance with which provision may a laid-off workman be retrenched under the second proviso? |
Section 25F. |
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What adjustment is permissible when a laid-off workman is retrenched under the second proviso? |
Lay-off compensation paid during the preceding twelve months may be set off against the retrenchment compensation payable. |
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Against what amount may the lay-off compensation already paid be set off? |
The compensation payable for retrenchment. |
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Who is a "badli workman" for the purposes of Section 25C? |
A workman employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment. |
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When does a badli workman cease to be regarded as such for the purposes of Section 25C? |
On completion of one year of continuous service in the establishment. |
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What is the subject matter of Section 25D of the Industrial Disputes Act, 1947? |
Duty of an employer to maintain muster rolls of workmen. |
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Does the duty to maintain muster rolls continue even when workmen have been laid-off? |
Every employer shall maintain a muster roll notwithstanding that workmen have been laid-off. |
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Who is required to maintain a muster roll under Section 25D? |
Every employer. |
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For what purpose shall the employer maintain a muster roll? |
For the purposes of this Chapter. |
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What facility must an employer provide in relation to the muster roll? |
The employer shall provide for the making of entries therein by workmen. |
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Who is entitled to make entries in the muster roll? |
Workmen who present themselves for work at the establishment. |
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When may workmen make entries in the muster roll? |
At the appointed time during normal working hours. |
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Where must workmen present themselves for making entries in the muster roll? |
At the establishment. |
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What is the subject matter of Section 25E of the Industrial Disputes Act, 1947? |
Workmen not entitled to compensation in certain cases. |
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When is a laid-off workman not entitled to compensation under Section 25E? |
In the cases specified in clauses (i), (ii) and (iii). |
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When is a laid-off workman not entitled to compensation for refusing alternative employment? |
When he refuses to accept alternative employment fulfilling the conditions specified in Section 25E(i). |
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Where may the alternative employment be offered under Section 25E(i)? |
In the same establishment from which the workman has been laid-off or in any other establishment belonging to the same employer situated in the same town or village or within a radius of five miles from the establishment to which he belongs. |
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Within what distance from the original establishment may alternative employment be offered under Section 25E(i)? |
Within a radius of five miles from the establishment to which the workman belongs. |
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What condition regarding skill or experience must the alternative employment satisfy? |
In the opinion of the employer, it should not call for any special skill or previous experience and should be capable of being done by the workman. |
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What condition regarding wages must be satisfied before denial of compensation under Section 25E(i)? |
The wages which would normally have been paid to the workman must also be offered for the alternative employment. |
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When is a laid-off workman not entitled to compensation for failure to report for work? |
When he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day. |
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How frequently must a laid-off workman present himself for work to remain entitled to compensation? |
At least once a day. |
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When is a laid-off workman not entitled to compensation because of the cause of lay-off? |
When the laying-off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment. |
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What is the subject matter of Section 25F of the Industrial Disputes Act, 1947? |
Conditions precedent to retrenchment of workmen. |
|
To which workmen does Section 25F apply? |
A workman employed in any industry who has been in continuous service for not less than one year under an employer. |
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What is the minimum continuous service required for the applicability of Section 25F? |
Not less than one year under an employer. |
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When can an employer retrench a workman covered by Section 25F? |
Only after fulfilling the conditions specified in clauses (a), (b) and (c). |
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What notice must be given before retrenchment under Section 25F(a)? |
One month's notice in writing indicating the reasons for retrenchment. |
|
What must be stated in the notice under Section 25F(a)? |
The reasons for retrenchment. |
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What is required after giving notice under Section 25F(a)? |
The period of notice must expire. |
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What may an employer pay instead of one month's notice under Section 25F(a)? |
Wages for the period of the notice. |
|
When must retrenchment compensation be paid under Section 25F(b)? |
At the time of retrenchment. |
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What is the amount of retrenchment compensation under Section 25F(b)? |
Compensation equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months. |
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How is retrenchment compensation calculated under Section 25F(b)? |
At the rate of fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months. |
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What notice is required under Section 25F(c)? |
Notice in the prescribed manner. |
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To whom shall the notice under Section 25F(c) be served? |
The appropriate Government or such authority as may be specified by the appropriate Government by notification in the Official Gazette. |
|
How may the authority under Section 25F(c) be specified? |
By notification in the Official Gazette by the appropriate Government. |
|
What is the subject matter of Section 25FFA of the Industrial Disputes Act, 1947? |
Sixty days' notice to be given of intention to close down any undertaking. |
|
Who is required to give notice under Section 25FFA? |
An employer who intends to close down an undertaking. |
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When shall the notice under Section 25FFA(1) be served? |
At least sixty days before the date on which the intended closure is to become effective. |
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To whom shall the notice under Section 25FFA(1) be served? |
The appropriate Government. |
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In what manner shall the notice under Section 25FFA(1) be served? |
In the prescribed manner. |
|
What shall the notice under Section 25FFA(1) state? |
The reasons for the intended closure of the undertaking. |
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How shall the reasons for the intended closure be stated in the notice? |
They shall be stated clearly. |
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To which undertakings does Section 25FFA not apply on the basis of the number of workmen employed? |
An undertaking in which less than fifty workmen are employed. |
|
To which undertakings does Section 25FFA not apply on the basis of the average number of workmen? |
An undertaking in which less than fifty workmen were employed on an average per working day in the preceding twelve months. |
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What is the relevant period for calculating the average number of workmen under the proviso to Section 25FFA(1)? |
The preceding twelve months. |
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To which construction undertakings does Section 25FFA not apply? |
An undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project. |
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When may the appropriate Government exempt an undertaking from the requirements of Section 25FFA(1)? |
When it is satisfied that exceptional circumstances such as an accident in the undertaking, death of the employer or the like make it necessary to do so. |
|
How may the appropriate Government grant exemption under Section 25FFA(2)? |
By order. |
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For what period may the exemption under Section 25FFA(2) be granted? |
For such period as may be specified in the order. |
|
What is the subject matter of Section 25FFF of the Industrial Disputes Act, 1947? |
Compensation to workmen in case of closing down of undertakings. |
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When is a workman entitled to notice and compensation under Section 25FFF(1)? |
Where an undertaking is closed down for any reason whatsoever and the workman has been in continuous service for not less than one year immediately before such closure. |
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What is the minimum continuous service required to claim compensation under Section 25FFF(1)? |
Not less than one year immediately before the closure of the undertaking. |
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In accordance with which provision are notice and compensation payable under Section 25FFF(1)? |
Section 25F. |
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How is a workman treated for the purpose of compensation under Section 25FFF(1)? |
As if the workman had been retrenched. |
|
What is the maximum compensation payable where the undertaking is closed down due to unavoidable circumstances beyond the employer's control? |
Compensation under Section 25F(b) shall not exceed the workman's average pay for three months. |
|
Which provision limits compensation in cases of closure due to unavoidable circumstances beyond the employer's control? |
The proviso to Section 25FFF(1). |
|
Which closures are not deemed to be due to unavoidable circumstances beyond the employer's control? |
Closure due merely to financial difficulties (including financial losses), accumulation of undisposed stocks, expiry of the period of lease or licence, or exhaustion of minerals in a mining undertaking. |
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Does financial difficulty or financial loss constitute an unavoidable circumstance beyond the employer's control? |
Financial difficulties, including financial losses, shall not be deemed to be unavoidable circumstances beyond the employer's control. |
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Does accumulation of undisposed stocks constitute an unavoidable circumstance beyond the employer's control? |
Accumulation of undisposed stocks shall not be deemed to be an unavoidable circumstance beyond the employer's control. |
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Does expiry of a lease or licence constitute an unavoidable circumstance beyond the employer's control? |
Expiry of the period of the lease or licence shall not be deemed to be an unavoidable circumstance beyond the employer's control. |
|
Does exhaustion of minerals in a mining undertaking constitute an unavoidable circumstance beyond the employer's control under Section 25FFF(1)? |
Exhaustion of minerals in the area of mining operations shall not be deemed to be an unavoidable circumstance beyond the employer's control. |
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When is a workman in a mining undertaking not entitled to notice or compensation under Section 25F? |
Where the undertaking is closed merely because of exhaustion of minerals and the conditions specified in Section 25FFF(1A) are fulfilled. |
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What is the first condition under Section 25FFF(1A) for denial of notice and compensation? |
The employer provides alternative employment from the date of closure at the same remuneration and on the same terms and conditions of service. |
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What remuneration must be offered in the alternative employment under Section 25FFF(1A)? |
The same remuneration as the workman was entitled to receive immediately before the closure. |
|
What service conditions must be offered in the alternative employment under Section 25FFF(1A)? |
The same terms and conditions of service as were applicable immediately before the closure. |
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What is the second condition under Section 25FFF(1A) for denial of notice and compensation? |
The service of the workman has not been interrupted by the alternative employment. |
|
What is the third condition under Section 25FFF(1A) for denial of notice and compensation? |
The employer remains legally liable to pay retrenchment compensation on the basis that the service has been continuous and uninterrupted. |
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From which Act are the meanings of "minerals" and "mining operations" adopted for Section 25FFF? |
Section 3(a) and Section 3(d) of the Mines and Minerals (Regulation and Development) Act, 1957. |
|
When is a workman employed in a construction undertaking not entitled to compensation under Section 25F(b)? |
Where the undertaking is closed on completion of the work within two years from the date on which it was set up. |
|
Which construction undertakings are covered by Section 25FFF(2)? |
Undertakings set up for the construction of buildings, bridges, roads, canals, dams or other construction work. |
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When is a workman employed in a construction undertaking entitled to notice and compensation under Section 25F? |
Where the construction work is not completed within two years from the date on which the undertaking was set up. |
|
How is compensation calculated where construction work is not completed within two years? |
For every completed year of continuous service or any part thereof in excess of six months in accordance with Section 25F. |
|
What is the subject matter of Section 25G of the Industrial Disputes Act, 1947? |
Procedure for retrenchment. |
|
To which workmen does Section 25G apply? |
A workman in an industrial establishment who is a citizen of India and belongs to a particular category of workmen in that establishment. |
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When does the procedure under Section 25G apply? |
In the absence of any agreement between the employer and the workman in this behalf. |
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What is the ordinary rule for retrenchment under Section 25G? |
The employer shall ordinarily retrench the workman who was the last person to be employed in that category. |
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Which principle is embodied in Section 25G? |
Last come, first go. |
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When may the employer depart from the ordinary rule of retrenchment under Section 25G? |
For reasons to be recorded. |
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What is the subject matter of Section 25H of the Industrial Disputes Act, 1947? |
Re-employment of retrenched workmen. |
|
When does Section 25H become applicable? |
Where workmen have been retrenched and the employer proposes to employ any persons. |
|
What opportunity must an employer give under Section 25H? |
An opportunity to the retrenched workmen who are citizens of India to offer themselves for re-employment. |
|
To whom must the opportunity for re-employment be given under Section 25H? |
Retrenched workmen who are citizens of India. |
|
In what manner shall the opportunity for re-employment be given? |
In such manner as may be prescribed. |
|
Who shall have preference in re-employment under Section 25H? |
Retrenched workmen who are citizens of India and offer themselves for re-employment. |
|
Over whom do retrenched workmen get preference under Section 25H? |
Other persons. |
|
What was the subject matter of Section 25-I of the Industrial Disputes Act, 1947? |
Recovery of moneys due from employers under this Chapter. |
|
What is the present status of Section 25-I of the Industrial Disputes Act, 1947? |
Repealed by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 with effect from 10-3-1957. |
|
By which Act was Section 25-I repealed? |
The Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 (36 of 1956). |
|
With effect from which date was Section 25-I repealed? |
10th March, 1957. |
|
What is the subject matter of Section 25J of the Industrial Disputes Act, 1947? |
Effect of laws inconsistent with this Chapter. |
|
What is the overriding effect of Chapter VA under Section 25J(1)? |
The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law, including standing orders made under the Industrial Employment (Standing Orders) Act, 1946. |
|
Do the provisions of Chapter VA override standing orders made under the Industrial Employment (Standing Orders) Act, 1946? |
The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in such standing orders. |
|
When is a workman entitled to more favourable benefits despite the provisions of Chapter VA? |
Where any other Act, rules, orders, notifications, standing orders, award, contract of service or otherwise provides benefits more favourable to the workman. |
|
From which sources may a workman derive more favourable benefits under the proviso to Section 25J(1)? |
Any other Act, rules, orders, notifications issued thereunder, standing orders, award, contract of service or otherwise. |
|
What is the effect of the proviso to Section 25J(1)? |
The workman shall continue to be entitled to the more favourable benefits in respect of that matter. |
|
Does receipt of benefits under the Industrial Disputes Act affect entitlement to more favourable benefits under another law? |
The workman shall continue to be entitled to the more favourable benefits in respect of that matter notwithstanding that he receives benefits in respect of other matters under this Act. |
|
Does Chapter VA affect State laws relating to the settlement of industrial disputes? |
Nothing contained in this Chapter shall be deemed to affect such State laws. |
|
Which matters are governed exclusively by Chapter VA notwithstanding State laws? |
The rights and liabilities of employers and workmen relating to lay-off and retrenchment. |
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In accordance with which provisions are the rights and liabilities relating to lay-off and retrenchment determined? |
The provisions of Chapter VA. |
|
|
|
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CHAPTER -5B SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS |
|
|
What is the subject matter of Section 25K of the Industrial Disputes Act, 1947? |
Application of Chapter VB. |
|
To which industrial establishments does Chapter VB apply? |
Industrial establishments, not being establishments of a seasonal character or in which work is performed only intermittently, in which not less than one hundred workmen were employed on an average per working day for the preceding twelve months. |
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What is the minimum number of workmen required for the application of Chapter VB? |
Not less than one hundred workmen employed on an average per working day. |
|
What is the relevant period for calculating the average number of workmen under Section 25K(1)? |
The preceding twelve months. |
|
Does Chapter VB apply to an establishment of a seasonal character? |
An establishment of a seasonal character is excluded from the application of Chapter VB. |
|
Does Chapter VB apply to an establishment in which work is performed only intermittently? |
An establishment in which work is performed only intermittently is excluded from the application of Chapter VB. |
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Who decides whether an industrial establishment is of a seasonal character? |
The appropriate Government. |
|
Who decides whether work is performed only intermittently in an industrial establishment? |
The appropriate Government. |
|
What is the nature of the decision of the appropriate Government under Section 25K(2)? |
The decision shall be final. |
|
What is the subject matter of Section 25L of the Industrial Disputes Act, 1947? |
Definitions. |
|
For what purpose are the definitions under Section 25L applicable? |
For the purposes of Chapter VB. |
|
What does "industrial establishment" mean under Section 25L? |
A factory, a mine or a plantation as defined in the respective Acts. |
|
How is "factory" defined for the purposes of Chapter VB? |
A factory as defined in clause (m) of Section 2 of the Factories Act, 1948. |
|
How is "mine" defined for the purposes of Chapter VB? |
A mine as defined in clause (i) of sub-section (1) of Section 2 of the Mines Act, 1952. |
|
How is "plantation" defined for the purposes of Chapter VB? |
A plantation as defined in clause (f) of Section 2 of the Plantations Labour Act, 1951. |
|
What is the overriding provision contained in Section 25L(b)? |
Notwithstanding anything contained in sub-clause (ii) of clause (a) of Section 2. |
|
Who is the appropriate Government in relation to a company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government? |
The Central Government. |
|
What is the minimum Central Government shareholding required for the Central Government to be the appropriate Government under Section 25L(b)(i)? |
Not less than fifty-one per cent of the paid-up share capital. |
|
Who is the appropriate Government in relation to a corporation established by or under a law made by Parliament? |
The Central Government. |
|
Which corporations are excluded from Section 25L(b)(ii)? |
Corporations referred to in sub-clause (i) of clause (a) of Section 2. |
|
What is the subject matter of Section 25M of the Industrial Disputes Act, 1947? |
Prohibition of lay-off. |
|
To which workmen does Section 25M apply? |
Workmen, other than badli workmen or casual workmen, whose names are borne on the muster rolls of an industrial establishment to which Chapter VB applies. |
|
Which workmen are excluded from the application of Section 25M? |
Badli workmen and casual workmen. |
|
What is the general rule regarding lay-off under Section 25M(1)? |
No workman shall be laid-off except with the prior permission of the appropriate Government or the specified authority. |
|
From whom must prior permission for lay-off be obtained under Section 25M(1)? |
The appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette. |
|
How is prior permission for lay-off obtained under Section 25M(1)? |
On an application made in this behalf. |
|
When is prior permission not required for lay-off under Section 25M(1)? |
Where the lay-off is due to shortage of power or natural calamity, and in the case of a mine, also due to fire, flood, excess of inflammable gas or explosion. |
|
What additional grounds exempt a mine from obtaining prior permission for lay-off? |
Fire, flood, excess of inflammable gas or explosion. |
|
How shall an application for permission under Section 25M(2) be made? |
In the prescribed manner. |
|
What must an application under Section 25M(2) clearly state? |
The reasons for the intended lay-off. |
|
On whom shall a copy of the application under Section 25M(2) be served? |
The workmen concerned. |
|
When shall the copy of the application be served on the workmen? |
Simultaneously with the application. |
|
In what manner shall the copy of the application be served on the workmen? |
In the prescribed manner. |
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When must the employer of a mine apply for permission to continue a lay-off under Section 25M(3)? |
Within thirty days from the date of commencement of the lay-off. |
|
In which cases is an employer of a mine required to seek permission to continue the lay-off under Section 25M(3)? |
Where the lay-off is due to fire, flood, excess of inflammable gas or explosion. |
|
To whom shall an application under Section 25M(3) be made? |
The appropriate Government or the specified authority. |
|
In what manner shall an application under Section 25M(3) be made? |
In the prescribed manner. |
|
What factors shall the appropriate Government or specified authority consider while deciding an application under Section 25M(4)? |
The genuineness and adequacy of the reasons for the lay-off, the interests of the workmen and all other relevant factors. |
|
Whom shall the appropriate Government or specified authority hear before deciding an application under Section 25M(4)? |
The employer, the workmen concerned and the persons interested in the lay-off. |
|
What enquiry may the appropriate Government or specified authority conduct under Section 25M(4)? |
Such enquiry as it thinks fit. |
|
How shall the decision under Section 25M(4) be made? |
By order and for reasons to be recorded in writing. |
|
What orders may the appropriate Government or specified authority pass under Section 25M(4)? |
Grant or refuse permission for the lay-off. |
|
To whom shall a copy of the order under Section 25M(4) be communicated? |
The employer and the workmen. |
|
When is permission for lay-off deemed to have been granted under Section 25M(5)? |
Where no order granting or refusing permission is communicated within sixty days from the date of the application. |
|
What is the time limit for communicating the order under Section 25M(5)? |
Sixty days from the date on which the application is made. |
|
What is the effect of an order granting or refusing permission under Section 25M(6)? |
The order shall be final and binding on all the parties concerned, subject to sub-section (7). |
|
For how long does an order under Section 25M(6) remain in force? |
One year from the date of the order. |
|
Who may review an order granting or refusing permission under Section 25M(7)? |
The appropriate Government or the specified authority. |
|
On whose motion may an order under Section 25M(7) be reviewed? |
On its own motion or on the application of the employer or any workman. |
|
What action may the appropriate Government or specified authority take instead of reviewing its order under Section 25M(7)? |
It may refer the matter, or cause it to be referred, to a Tribunal for adjudication. |
|
To whom may a matter under Section 25M(7) be referred? |
A Tribunal. |
|
Within what period shall the Tribunal pass an award on a reference under Section 25M(7)? |
Within thirty days from the date of the reference. |
|
When is a lay-off deemed to be illegal under Section 25M(8)? |
Where no application under Section 25M(1) is made, where no application under Section 25M(3) is made within the prescribed period, or where permission for the lay-off has been refused. |
|
From which date is a lay-off deemed to be illegal under Section 25M(8)? |
From the date on which the workmen had been laid-off. |
|
To what benefits are workmen entitled where the lay-off is deemed illegal under Section 25M(8)? |
All the benefits under any law for the time being in force as if they had not been laid-off. |
|
When may the appropriate Government exempt an establishment from the application of Section 25M(1) or Section 25M(3)? |
Where it is satisfied that exceptional circumstances such as an accident in the establishment, death of the employer or the like make it necessary to do so. |
|
How may the appropriate Government grant exemption under Section 25M(9)? |
By order. |
|
For what period may exemption under Section 25M(9) be granted? |
For such period as may be specified in the order. |
|
Which provision applies to lay-offs under Section 25M(10)? |
Section 25C, other than the second proviso thereto. |
|
When is a workman not deemed to be laid-off for the purposes of Section 25M? |
Where the employer offers suitable alternative employment satisfying the conditions specified in the Explanation. |
|
What type of alternative employment prevents a workman from being treated as laid-off under the Explanation to Section 25M? |
Alternative employment which, in the opinion of the employer, does not require any special skill or previous experience and can be done by the workman. |
|
Where may the alternative employment be offered under the Explanation to Section 25M? |
In the same establishment or in another establishment of the same employer situated in the same town or village, or within such distance that the transfer does not involve undue hardship to the workman. |
|
What factor determines whether transfer to another establishment causes undue hardship under the Explanation to Section 25M? |
The facts and circumstances of the workman's case. |
|
What condition regarding wages must be satisfied for alternative employment under the Explanation to Section 25M? |
The wages normally payable to the workman must also be offered for the alternative employment. |
|
What is the subject matter of Section 25N of the Industrial Disputes Act, 1947? |
Conditions precedent to retrenchment of workmen. |
|
To which workmen does Section 25N apply? |
Workmen employed in an industrial establishment to which Chapter VB applies who have been in continuous service for not less than one year under an employer. |
|
What is the minimum continuous service required for the applicability of Section 25N? |
Not less than one year under an employer. |
|
When can an employer retrench a workman covered by Section 25N? |
Only after fulfilling the conditions specified in Section 25N. |
|
What notice must be given before retrenchment under Section 25N(1)(a)? |
Three months' notice in writing indicating the reasons for retrenchment. |
|
What must be stated in the notice under Section 25N(1)(a)? |
The reasons for retrenchment. |
|
What must happen before retrenchment after serving notice under Section 25N(1)(a)? |
The period of notice must expire. |
|
What may an employer pay instead of three months' notice under Section 25N(1)(a)? |
Wages for the period of the notice. |
|
What additional condition must be fulfilled before retrenchment under Section 25N(1)(b)? |
Prior permission of the appropriate Government or the specified authority must be obtained. |
|
From whom must prior permission for retrenchment be obtained under Section 25N(1)(b)? |
The appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette. |
|
How is prior permission for retrenchment obtained under Section 25N(1)(b)? |
On an application made in this behalf. |
|
How shall an application for permission under Section 25N(2) be made? |
In the prescribed manner. |
|
What must an application under Section 25N(2) clearly state? |
The reasons for the intended retrenchment. |
|
On whom shall a copy of the application under Section 25N(2) be served? |
The workmen concerned. |
|
When shall a copy of the application under Section 25N(2) be served on the workmen? |
Simultaneously with the application. |
|
In what manner shall a copy of the application under Section 25N(2) be served? |
In the prescribed manner. |
|
What enquiry may the appropriate Government or specified authority conduct under Section 25N(3)? |
Such enquiry as it thinks fit. |
|
Whom shall the appropriate Government or specified authority hear before deciding an application under Section 25N(3)? |
The employer, the workmen concerned and the persons interested in the retrenchment. |
|
What factors shall the appropriate Government or specified authority consider while deciding an application under Section 25N(3)? |
The genuineness and adequacy of the reasons stated by the employer, the interests of the workmen and all other relevant factors. |
|
How shall the decision under Section 25N(3) be made? |
By order and for reasons to be recorded in writing. |
|
What orders may the appropriate Government or specified authority pass under Section 25N(3)? |
Grant or refuse permission for the retrenchment. |
|
To whom shall a copy of the order under Section 25N(3) be communicated? |
The employer and the workmen. |
|
When is permission for retrenchment deemed to have been granted under Section 25N(4)? |
Where no order granting or refusing permission is communicated to the employer within sixty days from the date of the application. |
|
What is the time limit for communicating the order under Section 25N(4)? |
Sixty days from the date on which the application is made. |
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What is the effect of an order granting or refusing permission under Section 25N(5)? |
The order shall be final and binding on all the parties concerned, subject to sub-section (6). |
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For how long does an order under Section 25N(5) remain in force? |
One year from the date of the order. |
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Who may review an order granting or refusing permission under Section 25N(6)? |
The appropriate Government or the specified authority. |
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On whose motion may an order under Section 25N(6) be reviewed? |
On its own motion or on the application of the employer or any workman. |
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What action may the appropriate Government or specified authority take instead of reviewing its order under Section 25N(6)? |
It may refer the matter, or cause it to be referred, to a Tribunal for adjudication. |
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To whom may a matter under Section 25N(6) be referred? |
A Tribunal. |
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Within what period shall the Tribunal pass an award on a reference under Section 25N(6)? |
Within thirty days from the date of the reference. |
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When is a retrenchment deemed to be illegal under Section 25N(7)? |
Where no application for permission under Section 25N(1) is made or where permission for retrenchment has been refused. |
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From which date is retrenchment deemed to be illegal under Section 25N(7)? |
From the date on which the notice of retrenchment was given to the workman. |
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To what benefits is a workman entitled where retrenchment is deemed illegal under Section 25N(7)? |
All the benefits under any law for the time being in force as if no notice had been given to him. |
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When may the appropriate Government exempt an establishment from the application of Section 25N(1)? |
Where it is satisfied that exceptional circumstances such as an accident in the establishment, death of the employer or the like make it necessary to do so. |
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How may the appropriate Government grant exemption under Section 25N(8)? |
By order. |
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For what period may exemption under Section 25N(8) be granted? |
For such period as may be specified in the order. |
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When is a workman entitled to retrenchment compensation under Section 25N(9)? |
Where permission for retrenchment has been granted under Section 25N(3) or deemed to have been granted under Section 25N(4). |
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Which workmen are entitled to compensation under Section 25N(9)? |
Every workman employed in the establishment immediately before the date of the application for permission under Section 25N. |
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When shall retrenchment compensation under Section 25N(9) be paid? |
At the time of retrenchment. |
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What is the amount of retrenchment compensation under Section 25N(9)? |
Fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months. |
|
How is retrenchment compensation calculated under Section 25N(9)? |
At the rate of fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months. |
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What is the subject matter of Section 25-O of the Industrial Disputes Act, 1947? |
Procedure for closing down an undertaking. |
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Who is required to obtain prior permission under Section 25-O(1)? |
An employer who intends to close down an undertaking of an industrial establishment to which Chapter VB applies. |
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When shall an employer apply for prior permission under Section 25-O(1)? |
At least ninety days before the date on which the intended closure is to become effective. |
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To whom shall the application for prior permission be made under Section 25-O(1)? |
The appropriate Government. |
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In what manner shall the application under Section 25-O(1) be made? |
In the prescribed manner. |
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What must the application under Section 25-O(1) clearly state? |
The reasons for the intended closure of the undertaking. |
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On whom shall a copy of the application under Section 25-O(1) be served? |
The representatives of the workmen. |
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When shall a copy of the application under Section 25-O(1) be served on the representatives of the workmen? |
Simultaneously with the application. |
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In what manner shall a copy of the application under Section 25-O(1) be served? |
In the prescribed manner. |
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Which undertakings are exempt from Section 25-O(1)? |
Undertakings set up for the construction of buildings, bridges, roads, canals, dams or other construction work. |
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What enquiry may the appropriate Government conduct under Section 25-O(2)? |
Such enquiry as it thinks fit. |
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Whom shall the appropriate Government hear before deciding an application under Section 25-O(2)? |
The employer, the workmen and the persons interested in the closure. |
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What factors shall the appropriate Government consider while deciding an application under Section 25-O(2)? |
The genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors. |
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How shall the decision under Section 25-O(2) be made? |
By order and for reasons to be recorded in writing. |
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What orders may the appropriate Government pass under Section 25-O(2)? |
Grant or refuse permission for the closure. |
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To whom shall a copy of the order under Section 25-O(2) be communicated? |
The employer and the workmen. |
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When is permission for closure deemed to have been granted under Section 25-O(3)? |
Where the appropriate Government does not communicate its order within sixty days from the date of the application. |
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What is the time limit for communicating the order under Section 25-O(3)? |
Sixty days from the date on which the application is made. |
|
What is the effect of an order under Section 25-O(4)? |
The order shall be final and binding on all the parties, subject to sub-section (5). |
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For how long does an order under Section 25-O(4) remain in force? |
One year from the date of the order. |
|
Who may review an order granting or refusing permission under Section 25-O(5)? |
The appropriate Government. |
|
On whose motion may an order under Section 25-O(5) be reviewed? |
On its own motion or on the application of the employer or any workman. |
|
What action may the appropriate Government take instead of reviewing its order under Section 25-O(5)? |
It may refer the matter to a Tribunal for adjudication. |
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Within what period shall the Tribunal pass an award on a reference under Section 25-O(5)? |
Within thirty days from the date of the reference. |
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When is the closure of an undertaking deemed to be illegal under Section 25-O(6)? |
Where no application for permission is made within the prescribed period or where permission for closure has been refused. |
|
From which date is the closure deemed to be illegal under Section 25-O(6)? |
From the date of closure. |
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To what benefits are workmen entitled where the closure is deemed illegal under Section 25-O(6)? |
All the benefits under any law for the time being in force as if the undertaking had not been closed down. |
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When may the appropriate Government exempt an undertaking from the application of Section 25-O(1)? |
Where it is satisfied that exceptional circumstances such as an accident in the undertaking, death of the employer or the like make it necessary to do so. |
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How may the appropriate Government grant exemption under Section 25-O(7)? |
By order. |
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For what period may exemption under Section 25-O(7) be granted? |
For such period as may be specified in the order. |
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When is a workman entitled to compensation under Section 25-O(8)? |
Where closure is permitted under Section 25-O(2) or permission for closure is deemed to have been granted under Section 25-O(3). |
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Which workmen are entitled to compensation under Section 25-O(8)? |
Every workman employed in the undertaking immediately before the date of the application for permission. |
|
What is the amount of compensation payable under Section 25-O(8)? |
Fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months. |
|
How is compensation under Section 25-O(8) calculated? |
At the rate of fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months. |
|
What is the subject matter of Section 25P of the Industrial Disputes Act, 1947? |
Special provision as to restarting of undertakings closed down before the commencement of the Industrial Disputes (Amendment) Act, 1976. |
|
To which undertakings does Section 25P apply? |
Undertakings of industrial establishments to which Chapter VB applies and which were closed down before the commencement of the Industrial Disputes (Amendment) Act, 1976. |
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Before the commencement of which Act must the undertaking have been closed for Section 25P to apply? |
The Industrial Disputes (Amendment) Act, 1976 (32 of 1976). |
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What is the first condition for exercising power under Section 25P? |
The undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer. |
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What is the second condition for exercising power under Section 25P? |
There are possibilities of restarting the undertaking. |
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What is the third condition for exercising power under Section 25P? |
Restarting the undertaking is necessary for the rehabilitation of the workmen employed before its closure or for the maintenance of supplies and services essential to the life of the community, or both. |
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What is the fourth condition for exercising power under Section 25P? |
Restarting the undertaking will not result in hardship to the employer in relation to the undertaking. |
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Who must be given an opportunity before an order under Section 25P is passed? |
The employer and the workmen. |
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How shall an order under Section 25P be published? |
In the Official Gazette. |
|
What may the appropriate Government direct under Section 25P? |
That the undertaking shall be restarted within the time specified in the order. |
|
What is the minimum time that may be specified for restarting the undertaking under Section 25P? |
Not less than one month from the date of the order. |
|
What is the subject matter of Section 25Q of the Industrial Disputes Act, 1947? |
Penalty for lay-off and retrenchment without previous permission. |
|
Who is liable for punishment under Section 25Q? |
Any employer who contravenes the provisions of Section 25M or Section 25N. |
|
Contravention of which provisions attracts penalty under Section 25Q? |
Section 25M or Section 25N. |
|
What is the maximum term of imprisonment under Section 25Q? |
Imprisonment for a term which may extend to one month. |
|
What is the maximum fine under Section 25Q? |
Fine which may extend to one thousand rupees. |
|
What are the punishments prescribed under Section 25Q? |
Imprisonment for a term which may extend to one month, or fine which may extend to one thousand rupees, or both. |
|
What is the subject matter of Section 25R of the Industrial Disputes Act, 1947? |
Penalty for closure. |
|
Who is liable for punishment under Section 25R(1)? |
Any employer who closes down an undertaking without complying with Section 25-O(1). |
|
Contravention of which provision attracts punishment under Section 25R(1)? |
Section 25-O(1). |
|
What is the maximum term of imprisonment under Section 25R(1)? |
Imprisonment for a term which may extend to six months. |
|
What is the maximum fine under Section 25R(1)? |
Fine which may extend to five thousand rupees. |
|
What are the punishments prescribed under Section 25R(1)? |
Imprisonment for a term which may extend to six months, or fine which may extend to five thousand rupees, or both. |
|
Who is liable for punishment under Section 25R(2)? |
Any employer who contravenes an order refusing permission to close down an undertaking under Section 25-O(2) or a direction given under Section 25P. |
|
Contravention of which orders attracts punishment under Section 25R(2)? |
An order refusing permission under Section 25-O(2) or a direction under Section 25P. |
|
What is the maximum term of imprisonment under Section 25R(2)? |
Imprisonment for a term which may extend to one year. |
|
What is the maximum fine under Section 25R(2)? |
Fine which may extend to five thousand rupees. |
|
What are the punishments prescribed under Section 25R(2)? |
Imprisonment for a term which may extend to one year, or fine which may extend to five thousand rupees, or both. |
|
What additional penalty is prescribed for a continuing contravention under Section 25R(2)? |
A further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction. |
|
From which point is the daily fine under Section 25R(2) calculated? |
From the date of conviction during which the contravention continues. |
|
What is the subject matter of Section 25S of the Industrial Disputes Act, 1947? |
Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter applies. |
|
To which industrial establishments does Section 25S apply? |
Industrial establishments to which the provisions of Chapter VB apply. |
|
Which provision relating to continuous service applies to establishments under Chapter VB by virtue of Section 25S? |
Section 25B. |
|
Which provision relating to maintenance of muster rolls applies to establishments under Chapter VB by virtue of Section 25S? |
Section 25D. |
|
Which provision relating to compensation on closure of undertakings applies to establishments under Chapter VB by virtue of Section 25S? |
Section 25FF. |
|
Which provision relating to the procedure for retrenchment applies to establishments under Chapter VB by virtue of Section 25S? |
Section 25G. |
|
Which provision relating to re-employment of retrenched workmen applies to establishments under Chapter VB by virtue of Section 25S? |
Section 25H. |
|
Which provision relating to the effect of inconsistent laws applies to establishments under Chapter VB by virtue of Section 25S? |
Section 25J. |
|
How do the provisions of Sections 25B, 25D, 25FF, 25G, 25H and 25J apply under Section 25S? |
They apply, so far as may be, in relation to an industrial establishment to which Chapter VB applies. |
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|
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|
CHAPTER - 5C |
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UNFAIR LABOUR PRACTICES |
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What is the subject matter of Section 25T of the Industrial Disputes Act, 1947? |
Prohibition of unfair labour practice. |
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Who is prohibited from committing unfair labour practices under Section 25T? |
No employer, workman or trade union. |
|
Does Section 25T apply to registered trade unions only? |
No employer, workman or trade union, whether registered under the Trade Unions Act, 1926 or not, shall commit any unfair labour practice. |
|
Under which Act may a trade union be registered for the purposes of Section 25T? |
The Trade Unions Act, 1926. |
|
What is prohibited under Section 25T? |
Committing any unfair labour practice. |
|
What is the subject matter of Section 25U of the Industrial Disputes Act, 1947? |
Penalty for committing unfair labour practices. |
|
Who is liable for punishment under Section 25U? |
Any person who commits any unfair labour practice. |
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What offence is punishable under Section 25U? |
Committing any unfair labour practice. |
|
What is the maximum term of imprisonment under Section 25U? |
Imprisonment for a term which may extend to six months. |
|
What is the maximum fine under Section 25U? |
Fine which may extend to one thousand rupees. |
|
What are the punishments prescribed under Section 25U? |
Imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees or with both. |
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CHAPTER – 6 |
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PENALTIES |
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What is the subject matter of Section 26 of the Industrial Disputes Act, 1947? |
Penalty for illegal strikes and lock-outs. |
|
Who is liable for punishment under Section 26(1)? |
Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Act. |
|
What acts relating to an illegal strike are punishable under Section 26(1)? |
Commencing, continuing or otherwise acting in furtherance of an illegal strike. |
|
What is the maximum term of imprisonment for a workman under Section 26(1)? |
Imprisonment for a term which may extend to one month. |
|
What is the maximum fine for a workman under Section 26(1)? |
Fine which may extend to fifty rupees. |
|
What are the punishments prescribed for a workman under Section 26(1)? |
Imprisonment for a term which may extend to one month, or fine which may extend to fifty rupees, or with both. |
|
Who is liable for punishment under Section 26(2)? |
Any employer who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this Act. |
|
What acts relating to an illegal lock-out are punishable under Section 26(2)? |
Commencing, continuing or otherwise acting in furtherance of an illegal lock-out. |
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What is the maximum term of imprisonment for an employer under Section 26(2)? |
Imprisonment for a term which may extend to one month. |
|
What is the maximum fine for an employer under Section 26(2)? |
Fine which may extend to one thousand rupees. |
|
What are the punishments prescribed for an employer under Section 26(2)? |
Imprisonment for a term which may extend to one month, or fine which may extend to one thousand rupees, or with both. |
|
What is the subject matter of Section 27 of the Industrial Disputes Act, 1947? |
Penalty for instigation, etc. |
|
Who is liable for punishment under Section 27? |
Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act. |
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What acts are punishable under Section 27? |
Instigating or inciting others to take part in, or otherwise acting in furtherance of, an illegal strike or lock-out. |
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What is the maximum term of imprisonment under Section 27? |
Imprisonment for a term which may extend to six months. |
|
What is the maximum fine under Section 27? |
Fine which may extend to one thousand rupees. |
|
What are the punishments prescribed under Section 27? |
Imprisonment for a term which may extend to six months, or fine which may extend to one thousand rupees, or with both. |
|
What is the subject matter of Section 28 of the Industrial Disputes Act, 1947? |
Penalty for giving financial aid to illegal strikes and lock-outs. |
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Who is liable for punishment under Section 28? |
Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out. |
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What is the mental element required for liability under Section 28? |
The money must be knowingly expended or applied. |
|
For what purpose must the money be expended or applied to attract punishment under Section 28? |
In direct furtherance or support of an illegal strike or lock-out. |
|
What is the maximum term of imprisonment under Section 28? |
Imprisonment for a term which may extend to six months. |
|
What is the maximum fine under Section 28? |
Fine which may extend to one thousand rupees. |
|
What are the punishments prescribed under Section 28? |
Imprisonment for a term which may extend to six months, or fine which may extend to one thousand rupees, or with both. |
|
What is the subject matter of Section 29 of the Industrial Disputes Act, 1947? |
Penalty for breach of settlement or award. |
|
Who is liable for punishment under Section 29? |
Any person who commits a breach of any term of any settlement or award binding on him under this Act. |
|
What type of settlement or award attracts punishment under Section 29? |
A settlement or award which is binding on the person under this Act. |
|
What act constitutes an offence under Section 29? |
Breach of any term of a settlement or award binding under this Act. |
|
What is the maximum term of imprisonment under Section 29? |
Imprisonment for a term which may extend to six months. |
|
What punishment may be imposed under Section 29? |
Imprisonment for a term which may extend to six months, or with fine, or with both. |
|
What additional penalty is prescribed for a continuing breach under Section 29? |
A further fine which may extend to two hundred rupees for every day during which the breach continues after the first conviction. |
|
From which point is the daily fine for a continuing breach calculated under Section 29? |
From the date of the first conviction. |
|
What power does the Court have regarding the fine imposed under Section 29? |
The Court may direct that the whole or any part of the fine realised be paid as compensation. |
|
To whom may the compensation out of the fine be paid under Section 29? |
Any person who, in the opinion of the Court, has been injured by the breach. |
|
What is the subject matter of Section 30 of the Industrial Disputes Act, 1947? |
Penalty for disclosing confidential information. |
|
Who is liable for punishment under Section 30? |
Any person who wilfully discloses information referred to in Section 21 in contravention of that section. |
|
What information is protected under Section 30? |
Information referred to in Section 21. |
|
What is the mental element required for liability under Section 30? |
The information must be wilfully disclosed. |
|
In contravention of which provision must the disclosure be made to attract punishment under Section 30? |
Section 21. |
|
On whose complaint can a prosecution under Section 30 be instituted? |
On a complaint made by or on behalf of the trade union or individual business affected. |
|
Who may make a complaint under Section 30? |
The trade union affected or the individual business affected, or a person acting on their behalf. |
|
What is the maximum term of imprisonment under Section 30? |
Imprisonment for a term which may extend to six months. |
|
What is the maximum fine under Section 30? |
Fine which may extend to one thousand rupees. |
|
What are the punishments prescribed under Section 30? |
Imprisonment for a term which may extend to six months, or fine which may extend to one thousand rupees, or with both. |
|
What is the subject matter of Section 30A of the Industrial Disputes Act, 1947? |
Penalty for closure without notice. |
|
Who is liable for punishment under Section 30A? |
Any employer who closes down any undertaking without complying with the provisions of Section 25FFA. |
|
Contravention of which provision attracts punishment under Section 30A? |
Section 25FFA. |
|
What is the maximum term of imprisonment under Section 30A? |
Imprisonment for a term which may extend to six months. |
|
What is the maximum fine under Section 30A? |
Fine which may extend to five thousand rupees. |
|
What are the punishments prescribed under Section 30A? |
Imprisonment for a term which may extend to six months, or fine which may extend to five thousand rupees, or with both. |
|
What is the subject matter of Section 31 of the Industrial Disputes Act, 1947? |
Penalty for other offences. |
|
Who is liable for punishment under Section 31(1)? |
Any employer who contravenes the provisions of Section 33. |
|
Contravention of which provision attracts punishment under Section 31(1)? |
Section 33. |
|
What is the maximum term of imprisonment under Section 31(1)? |
Imprisonment for a term which may extend to six months. |
|
What is the maximum fine under Section 31(1)? |
Fine which may extend to one thousand rupees. |
|
What are the punishments prescribed under Section 31(1)? |
Imprisonment for a term which may extend to six months, or fine which may extend to one thousand rupees, or with both. |
|
Who is liable for punishment under Section 31(2)? |
Whoever contravenes any provision of this Act or any rule made thereunder for which no other penalty is provided. |
|
When does Section 31(2) apply? |
Where no other penalty is elsewhere provided by or under this Act for the contravention. |
|
What is the maximum fine under Section 31(2)? |
Fine which may extend to one hundred rupees. |
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|
CHAPTER - 7 |
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MISCELLANEOUS |
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What is the subject matter of Section 32 of the Industrial Disputes Act, 1947? |
Offence by companies, etc. |
|
When does Section 32 apply? |
Where a person committing an offence under this Act is a company, other body corporate or an association of persons. |
|
Which entities are covered under Section 32? |
A company, other body corporate or an association of persons, whether incorporated or not. |
|
Who is deemed to be guilty where an offence is committed by a company or other covered entity? |
Every director, manager, secretary, agent, other officer or person concerned with the management thereof. |
|
Which persons connected with the management are covered under Section 32? |
Every director, manager, secretary, agent, other officer or person concerned with the management. |
|
Can an officer avoid liability under Section 32? |
By proving that the offence was committed without his knowledge or consent. |
|
What must a director, manager, secretary, agent, other officer or person concerned with the management prove to escape liability under Section 32? |
That the offence was committed without his knowledge or consent. |
|
What is the subject matter of Section 33 of the Industrial Disputes Act, 1947? |
Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings. |
|
During the pendency of which proceedings does Section 33(1) apply? |
Conciliation proceedings before a conciliation officer or a Board, or proceedings before an arbitrator, Labour Court, Tribunal or National Tribunal in respect of an industrial dispute. |
|
Against whom are the restrictions under Section 33(1) imposed? |
The employer. |
|
Can an employer alter conditions of service in respect of a matter connected with the dispute during the pendency of proceedings? |
The employer shall not alter, to the prejudice of the workmen concerned, the conditions of service applicable immediately before the commencement of the proceedings. |
|
To which workmen does Section 33(1)(a) apply? |
Workmen concerned in the dispute. |
|
Which conditions of service are protected under Section 33(1)(a)? |
The conditions of service applicable immediately before the commencement of the proceedings. |
|
Can an employer discharge or punish a workman for misconduct connected with the dispute during the pendency of proceedings? |
The employer shall not discharge or punish, whether by dismissal or otherwise, any workman concerned in the dispute for misconduct connected with the dispute. |
|
What permission is required for actions prohibited under Section 33(1)? |
Express permission in writing of the authority before which the proceeding is pending. |
|
During the pendency of which proceedings does Section 33(2) apply? |
Proceedings in respect of an industrial dispute before the authorities specified in Section 33. |
|
In accordance with what may an employer act under Section 33(2)? |
The standing orders applicable to the workman or, where there are no standing orders, the terms of the contract, whether express or implied. |
|
When do the terms of the contract govern the employer's action under Section 33(2)? |
Where there are no applicable standing orders. |
|
Can an employer alter conditions of service in respect of matters not connected with the dispute during the pendency of proceedings? |
The employer may alter the conditions of service in regard to matters not connected with the dispute in accordance with the standing orders or contract. |
|
Can an employer punish a workman for misconduct not connected with the dispute during the pendency of proceedings? |
The employer may discharge or punish, whether by dismissal or otherwise, for misconduct not connected with the dispute in accordance with the standing orders or contract. |
|
What conditions must be fulfilled before discharging or dismissing a workman under the proviso to Section 33(2)? |
The workman must be paid one month's wages and the employer must apply to the authority before which the proceeding is pending for approval of the action taken. |
|
How much wages must be paid before discharge or dismissal under the proviso to Section 33(2)? |
One month's wages. |
|
To whom must the employer apply for approval under the proviso to Section 33(2)? |
The authority before which the proceeding is pending. |
|
What is the purpose of the application under the proviso to Section 33(2)? |
Approval of the action taken by the employer. |
|
What is the effect of Section 33(3) notwithstanding sub-section (2)? |
No employer shall take action against a protected workman concerned in the dispute except with the express permission in writing of the authority before which the proceeding is pending. |
|
Against whom does Section 33(3) apply? |
A protected workman concerned in the industrial dispute. |
|
Can an employer alter the conditions of service of a protected workman to his prejudice during the pendency of proceedings? |
The employer shall not alter, to the prejudice of the protected workman, the conditions of service applicable immediately before the commencement of the proceedings. |
|
Can an employer discharge or punish a protected workman during the pendency of proceedings? |
The employer shall not discharge or punish, whether by dismissal or otherwise, a protected workman. |
|
What permission is required before taking action against a protected workman under Section 33(3)? |
Express permission in writing of the authority before which the proceeding is pending. |
|
Who is a protected workman under the Explanation to Section 33(3)? |
A workman who, being a member of the executive or other office bearer of a registered trade union connected with the establishment, is recognised as such in accordance with the rules. |
|
Which office-bearers of a trade union may be recognised as protected workmen? |
Members of the executive or other office bearers of a registered trade union connected with the establishment. |
|
How is a workman recognised as a protected workman? |
In accordance with the rules made in this behalf. |
|
How many protected workmen may be recognised in an establishment under Section 33(4)? |
One per cent of the total number of workmen employed. |
|
What is the minimum number of protected workmen in an establishment? |
Five protected workmen. |
|
What is the maximum number of protected workmen in an establishment? |
One hundred protected workmen. |
|
What rules may the appropriate Government make under Section 33(4)? |
Rules providing for the distribution of protected workmen among trade unions and the manner of choosing and recognising protected workmen. |
|
When does Section 33(5) apply? |
Where an employer makes an application under the proviso to Section 33(2) for approval of the action taken by him. |
|
To whom may an employer make an application under Section 33(5)? |
A conciliation officer, Board, arbitrator, Labour Court, Tribunal or National Tribunal. |
|
What is the duty of the authority receiving an application under Section 33(5)? |
To hear the application without delay and pass such order as it deems fit. |
|
Within what period shall the authority pass an order under Section 33(5)? |
Within three months from the date of receipt of the application. |
|
Can the period of three months under Section 33(5) be extended? |
The authority may, for reasons to be recorded in writing, extend the period by such further period as it thinks fit. |
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What is the requirement for extending the period under the first proviso to Section 33(5)? |
Reasons shall be recorded in writing. |
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What is the effect of expiry of the period specified in Section 33(5)? |
The proceedings shall not lapse merely because the specified period has expired without completion of the proceedings. |
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What is the subject matter of Section 33A of the Industrial Disputes Act, 1947? |
Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings. |
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When does Section 33A become applicable? |
Where an employer contravenes the provisions of Section 33 during the pendency of proceedings. |
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During the pendency of which proceedings does Section 33A apply? |
Proceedings before a conciliation officer, Board, arbitrator, Labour Court, Tribunal or National Tribunal. |
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Who may make a complaint under Section 33A? |
Any employee aggrieved by the contravention of Section 33. |
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In what form shall a complaint under Section 33A be made? |
In writing. |
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In what manner shall a complaint under Section 33A be made? |
In the prescribed manner. |
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To whom may a complaint be made under Section 33A(a)? |
The conciliation officer or the Board. |
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What shall the conciliation officer or Board do on receiving a complaint under Section 33A(a)? |
Take the complaint into account in mediating in and promoting the settlement of the industrial dispute. |
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To whom may a complaint be made under Section 33A(b)? |
The arbitrator, Labour Court, Tribunal or National Tribunal. |
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What shall the arbitrator, Labour Court, Tribunal or National Tribunal do on receiving a complaint under Section 33A(b)? |
Adjudicate upon the complaint as if it were a dispute referred to or pending before it in accordance with the provisions of this Act. |
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How shall a complaint under Section 33A(b) be treated by the arbitrator, Labour Court, Tribunal or National Tribunal? |
As if it were a dispute referred to or pending before it. |
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To whom shall the arbitrator, Labour Court, Tribunal or National Tribunal submit the award under Section 33A(b)? |
The appropriate Government. |
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Which provisions apply to adjudication under Section 33A? |
The provisions of this Act shall apply accordingly. |
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What is the subject matter of Section 33B of the Industrial Disputes Act, 1947? |
Power to transfer certain proceedings. |
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Who may transfer proceedings under Section 33B(1)? |
The appropriate Government. |
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In what manner may the appropriate Government transfer proceedings under Section 33B(1)? |
By order in writing stating the reasons therefor. |
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Which proceedings may be transferred under Section 33B(1)? |
Any proceeding under this Act pending before a Labour Court, Tribunal or National Tribunal. |
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To which authorities may proceedings be transferred under Section 33B(1)? |
Another Labour Court, Tribunal or National Tribunal, as the case may be. |
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For what purpose may proceedings be transferred under Section 33B(1)? |
For the disposal of the proceeding. |
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How may the transferee Labour Court, Tribunal or National Tribunal proceed after transfer? |
Subject to special directions in the order of transfer, either de novo or from the stage at which the proceeding was transferred. |
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What directions may govern the proceedings after transfer under Section 33B(1)? |
Special directions contained in the order of transfer. |
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Which proceedings pending before a Tribunal or National Tribunal may also be transferred to a Labour Court? |
Proceedings under Section 33 or Section 33A. |
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Who may transfer proceedings under Section 33 or Section 33A under Section 33B(2)? |
A Tribunal or National Tribunal authorised by the appropriate Government. |
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Which proceedings may a Tribunal or National Tribunal transfer under Section 33B(2)? |
Proceedings under Section 33 or Section 33A pending before it. |
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To whom may proceedings under Section 33B(2) be transferred? |
A Labour Court specified by the appropriate Government. |
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How are the Labour Courts for transfer under Section 33B(2) specified? |
By notification in the Official Gazette issued by the appropriate Government. |
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What is the duty of the Labour Court receiving a transferred proceeding under Section 33B(2)? |
It shall dispose of the proceeding. |
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What is the subject matter of Section 33C of the Industrial Disputes Act, 1947? |
Recovery of money due from an employer. |
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Under what sources may money become due to a workman under Section 33C(1)? |
Under a settlement, an award, or the provisions of Chapter VA or Chapter VB. |
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Who may apply for recovery of money under Section 33C(1)? |
The workman, a person authorised by him in writing, or, in case of his death, his assignee or heirs. |
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Who may apply for recovery where the workman has died? |
His assignee or heirs. |
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To whom shall an application under Section 33C(1) be made? |
The appropriate Government. |
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Does Section 33C(1) affect other modes of recovery? |
The application may be made without prejudice to any other mode of recovery. |
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What shall the appropriate Government do if it is satisfied that money is due under Section 33C(1)? |
It shall issue a certificate for the amount to the Collector. |
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How shall the Collector recover the amount under Section 33C(1)? |
In the same manner as an arrear of land revenue. |
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Within what period shall an application under Section 33C(1) ordinarily be made? |
Within one year from the date on which the money became due. |
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When may an application under Section 33C(1) be entertained after one year? |
Where the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within one year. |
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When may a question be decided under Section 33C(2)? |
Where a workman is entitled to receive money or a benefit capable of being computed in terms of money and a question arises regarding the amount due or the computation of the benefit. |
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Who decides questions under Section 33C(2)? |
The Labour Court specified by the appropriate Government. |
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Subject to what are proceedings under Section 33C(2) conducted? |
Subject to any rules made under this Act. |
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Within what period shall the Labour Court decide a question under Section 33C(2)? |
Within a period not exceeding three months. |
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When may the Labour Court extend the period under Section 33C(2)? |
Where the Presiding Officer considers it necessary or expedient to do so. |
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What is required before extending the period under the proviso to Section 33C(2)? |
Reasons shall be recorded in writing. |
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What may the Labour Court do for computing the money value of a benefit under Section 33C(3)? |
Appoint a Commissioner. |
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What is the duty of the Commissioner appointed under Section 33C(3)? |
To take necessary evidence and submit a report to the Labour Court. |
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On what basis shall the Labour Court determine the amount under Section 33C(3)? |
After considering the Commissioner's report and the other circumstances of the case. |
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To whom shall the Labour Court forward its decision under Section 33C(4)? |
The appropriate Government. |
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How may the amount found due by the Labour Court under Section 33C(4) be recovered? |
In the manner provided in Section 33C(1). |
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When may a single application be made under Section 33C(5)? |
Where workmen employed under the same employer are entitled to receive money or a benefit capable of being computed in terms of money. |
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On whose behalf may a single application under Section 33C(5) be made? |
On behalf of or in respect of any number of such workmen. |
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What does the expression "Labour Court" include for the purposes of Section 33C? |
Any court constituted under any law relating to investigation and settlement of industrial disputes in force in any State. |
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What is the subject matter of Section 34 of the Industrial Disputes Act, 1947? |
Cognizance of offences. |
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On whose complaint may a Court take cognizance of an offence under the Industrial Disputes Act? |
On a complaint made by or under the authority of the appropriate Government. |
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Can a Court take cognizance of an offence punishable under this Act without a complaint by or under the authority of the appropriate Government? |
Cognizance shall be taken only on a complaint made by or under the authority of the appropriate Government. |
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Does Section 34(1) apply to the abetment of offences under the Act? |
Cognizance of the abetment of an offence shall also be taken only on a complaint made by or under the authority of the appropriate Government. |
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Which is the minimum Court competent to try offences under the Industrial Disputes Act? |
A Metropolitan Magistrate or a Judicial Magistrate of the First Class. |
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Which Courts are barred from trying offences under the Industrial Disputes Act? |
Courts inferior to a Metropolitan Magistrate or a Judicial Magistrate of the First Class. |
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What is the subject matter of Section 35 of the Industrial Disputes Act, 1947? |
Protection of persons. |
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Who is protected under Section 35(1)? |
A person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Act. |
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On what ground is protection available under Section 35(1)? |
Refusal to take part or continue to take part in an illegal strike or lock-out or any action taken under this section. |
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Can a person be expelled from a trade union or society for refusing to participate in an illegal strike or lock-out? |
He shall not be subject to expulsion from any trade union or society. |
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Can a person be subjected to any fine or penalty for refusing to participate in an illegal strike or lock-out? |
He shall not be subject to any fine or penalty. |
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Can a person be deprived of any right or benefit for refusing to participate in an illegal strike or lock-out? |
He shall not be deprived of any right or benefit to which he or his legal representatives would otherwise be entitled. |
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Who may claim the protected rights and benefits under Section 35(1) apart from the person himself? |
His legal representatives. |
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Can a person be placed under any disability or disadvantage for refusing to participate in an illegal strike or lock-out? |
He shall not be placed, directly or indirectly, under any disability or disadvantage as compared with other members of the trade union or society. |
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Do the rules of a trade union or society override the protection under Section 35(1)? |
The protection applies notwithstanding anything to the contrary in the rules of the trade union or society. |
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Do rules requiring settlement of disputes apply to proceedings under Section 35(2)? |
Rules of a trade union or society requiring settlement of disputes shall not apply to proceedings for enforcing any right or exemption secured by this section. |
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For what proceedings are the rules of a trade union or society inapplicable under Section 35(2)? |
Proceedings for enforcing any right or exemption secured by Section 35. |
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What alternative relief may a Civil Court grant under Section 35(2)? |
It may order payment of compensation or damages instead of restoration to membership. |
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When may a Civil Court award compensation instead of restoration to membership? |
Where a person has been expelled from membership of a trade union or society. |
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From whose funds shall compensation or damages under Section 35(2) be paid? |
Out of the funds of the trade union or society. |
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How much compensation or damages may the Civil Court award under Section 35(2)? |
Such sum as the Court thinks just. |
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What is the subject matter of Section 36 of the Industrial Disputes Act, 1947? |
Representation of parties. |
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Who is entitled to representation under Section 36(1)? |
A workman who is a party to a dispute. |
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By whom may a workman who is a member of a registered trade union be represented under Section 36(1)(a)? |
Any member of the executive or office bearer of the registered trade union of which he is a member. |
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By whom may a workman be represented under Section 36(1)(b)? |
Any member of the executive or other office bearer of a federation of trade unions to which his trade union is affiliated. |
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How may a workman who is not a member of any trade union be represented under Section 36(1)(c)? |
By any member of the executive or other office bearer of any trade union connected with the industry or by any other workman employed in the industry and authorised in the prescribed manner. |
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What authorisation is required for representation by another workman under Section 36(1)(c)? |
Authorisation in the prescribed manner. |
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Who is entitled to representation under Section 36(2)? |
An employer who is a party to a dispute. |
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By whom may an employer be represented under Section 36(2)(a)? |
An officer of an association of employers of which he is a member. |
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By whom may an employer be represented under Section 36(2)(b)? |
An officer of a federation of associations of employers to which the association is affiliated. |
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How may an employer who is not a member of any association of employers be represented under Section 36(2)(c)? |
By an officer of any association of employers connected with the industry or by any other employer engaged in the industry and authorised in the prescribed manner. |
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What authorisation is required for representation by another employer under Section 36(2)(c)? |
Authorisation in the prescribed manner. |
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Can a party to a dispute be represented by a legal practitioner in conciliation proceedings? |
No party shall be entitled to be represented by a legal practitioner in conciliation proceedings under this Act. |
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Can a party to a dispute be represented by a legal practitioner in proceedings before a Court? |
No party shall be entitled to be represented by a legal practitioner in proceedings before a Court. |
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In which proceedings may a legal practitioner represent a party under Section 36(4)? |
Proceedings before a Labour Court, Tribunal or National Tribunal. |
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What are the conditions for representation by a legal practitioner before a Labour Court, Tribunal or National Tribunal? |
Consent of the other parties to the proceedings and leave of the Labour Court, Tribunal or National Tribunal. |
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Whose consent is necessary for representation by a legal practitioner under Section 36(4)? |
The consent of the other parties to the proceedings. |
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Whose leave is necessary for representation by a legal practitioner under Section 36(4)? |
The leave of the Labour Court, Tribunal or National Tribunal, as the case may be. |
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What is the subject matter of Section 36A of the Industrial Disputes Act, 1947? |
Power to remove difficulties. |
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When may the appropriate Government exercise its power under Section 36A(1)? |
Where any difficulty or doubt arises as to the interpretation of any provision of an award or settlement. |
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Whose opinion is relevant for invoking Section 36A(1)? |
The opinion of the appropriate Government. |
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What question may the appropriate Government refer under Section 36A(1)? |
A question relating to the interpretation of any provision of an award or settlement. |
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To whom may a question under Section 36A(1) be referred? |
Such Labour Court, Tribunal or National Tribunal as the appropriate Government thinks fit. |
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What opportunity must be given before deciding a question under Section 36A(2)? |
The parties shall be given an opportunity of being heard. |
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Who decides the question referred under Section 36A(1)? |
The Labour Court, Tribunal or National Tribunal to which the question is referred. |
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What is the effect of the decision under Section 36A(2)? |
It shall be final and binding on all the parties. |
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What is the subject matter of Section 36B of the Industrial Disputes Act, 1947? |
Power to exempt. |
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When may the appropriate Government exercise its power under Section 36B? |
When it is satisfied that adequate provisions exist for the investigation and settlement of industrial disputes. |
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To which establishments or undertakings does Section 36B apply? |
Any industrial establishment or undertaking, or any class of industrial establishments or undertakings, carried on by a department of the appropriate Government. |
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In respect of whom must adequate provisions exist under Section 36B? |
Workmen employed in the establishment, undertaking or class of establishments or undertakings. |
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How may the appropriate Government grant an exemption under Section 36B? |
By notification in the Official Gazette. |
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Can an exemption under Section 36B be conditional? |
Yes, it may be granted conditionally or unconditionally. |
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From what may an establishment or undertaking be exempted under Section 36B? |
From all or any of the provisions of this Act. |
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What is the subject matter of Section 37 of the Industrial Disputes Act, 1947? |
Protection of action taken under the Act. |
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Against whom does the protection under Section 37 apply? |
Any person. |
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What proceedings are barred under Section 37? |
Suit, prosecution or other legal proceeding. |
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For what acts is protection available under Section 37? |
Anything done or intended to be done in good faith in pursuance of this Act or the rules made thereunder. |
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What is the essential condition for protection under Section 37? |
The act must be done or intended to be done in good faith. |
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What is the subject matter of Section 38 of the Industrial Disputes Act, 1947? |
Power to make rules. |
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Who has the power to make rules under Section 38(1)? |
The appropriate Government. |
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What is the purpose of making rules under Section 38(1)? |
To give effect to the provisions of this Act. |
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What condition must be satisfied before making rules under Section 38(1)? |
Previous publication. |
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What may rules provide regarding conciliation officers, Boards, Courts, Labour Courts, Tribunals and National Tribunals under Section 38(2)(a)? |
Their powers and procedure, summoning of witnesses, production of documents, quorum, and the manner of submission of reports and awards. |
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What may rules provide regarding arbitration agreements under Section 38(2)(aa)? |
The form of the arbitration agreement. |
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What may rules provide regarding execution of arbitration agreements under Section 38(2)(aa)? |
The manner in which the arbitration agreement may be signed by the parties. |
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What may rules provide regarding Section 10A(3A) under Section 38(2)(aa)? |
The manner in which a notification under Section 10A(3A) may be issued. |
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What may rules provide regarding arbitrators under Section 38(2)(aa)? |
The powers of the arbitrator and the procedure to be followed by him. |
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What may rules provide regarding assessors under Section 38(2)(aaa)? |
The appointment of assessors in proceedings under this Act. |
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What may rules provide regarding Works Committees under Section 38(2)(b)? |
Their constitution, functions, filling of vacancies and procedure. |
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What may rules provide regarding presiding officers under Section 38(2)(c)? |
Salaries, allowances and terms and conditions of appointment of the presiding officers of Labour Courts, Tribunals and National Tribunals. |
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What may rules provide regarding members of Courts, Boards, assessors and witnesses under Section 38(2)(c)? |
The allowances admissible to them. |
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What may rules provide regarding the ministerial establishment under Section 38(2)(d)? |
The ministerial establishment allotted to a Court, Board, Labour Court, Tribunal or National Tribunal and the salaries and allowances payable to its members. |
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What may rules provide regarding notices of strike or lock-out under Section 38(2)(e)? |
The manner in which and the persons by and to whom such notices may be given and communicated. |
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What may rules provide regarding legal practitioners under Section 38(2)(f)? |
The conditions subject to which parties may be represented by legal practitioners before a Court, Labour Court, Tribunal or National Tribunal. |
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What residual power is conferred under Section 38(2)(g)? |
Rules may provide for any other matter which is to be or may be prescribed. |
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What punishment may rules prescribe for their contravention under Section 38(3)? |
Fine not exceeding fifty rupees. |
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Before whom shall rules made under Section 38 be laid under Section 38(4)? |
Before the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament. |
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Before whom shall every rule made by the Central Government be laid under Section 38(5)? |
Before each House of Parliament. |
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For what total period shall a Central Government rule remain before Parliament under Section 38(5)? |
Thirty days, whether comprised in one session or in two or more successive sessions. |
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What may Parliament do with a rule laid under Section 38(5)? |
Modify the rule or agree that the rule should not be made. |
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What is the effect if both Houses agree to modify a rule under Section 38(5)? |
The rule shall thereafter have effect only in the modified form. |
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What is the effect if both Houses agree that a rule should not be made under Section 38(5)? |
The rule shall thereafter be of no effect. |
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Does modification or annulment under Section 38(5) affect prior acts done under the rule? |
No, it is without prejudice to the validity of anything previously done under that rule. |
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What is the subject matter of Section 39 of the Industrial Disputes Act, 1947? |
Delegation of powers. |
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Who may delegate powers under Section 39? |
The appropriate Government. |
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How may powers be delegated under Section 39? |
By notification in the Official Gazette. |
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Which powers may be delegated under Section 39? |
Any power exercisable by the appropriate Government under this Act or the rules made thereunder. |
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Can delegated powers under Section 39 be subject to conditions? |
Yes, they may be delegated in relation to specified matters and subject to specified conditions. |
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To whom may the Central Government delegate its powers under Section 39(a)? |
An officer or authority subordinate to the Central Government, the State Government, or an officer or authority subordinate to the State Government, as specified in the notification. |
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To whom may a State Government delegate its powers under Section 39(b)? |
An officer or authority subordinate to the State Government specified in the notification. |
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What is the subject matter of Section 40 of the Industrial Disputes Act, 1947? |
Power to amend Schedules. |
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Who may amend the First Schedule under Section 40(1)? |
The appropriate Government. |
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Under what condition may the First Schedule be amended under Section 40(1)? |
Where the appropriate Government is of the opinion that it is expedient or necessary in the public interest. |
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How may the First Schedule be amended under Section 40(1)? |
By notification in the Official Gazette adding any industry to the First Schedule. |
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What is the effect of a notification issued under Section 40(1)? |
The First Schedule shall be deemed to be amended accordingly. |
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Who may amend the Second or Third Schedule under Section 40(2)? |
The Central Government. |
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How may the Central Government amend the Second or Third Schedule under Section 40(2)? |
By notification in the Official Gazette adding to, altering or amending the Second Schedule or the Third Schedule. |
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What is the effect of a notification issued under Section 40(2)? |
The Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly. |
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Where shall a notification issued under Section 40 be laid if issued by a State Government? |
Before the Legislature of the State. |
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Where shall a notification issued under Section 40 be laid if issued by the Central Government? |
Before Parliament. |
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When shall a notification under Section 40(3) be laid before the Legislature or Parliament? |
As soon as possible after it is issued. |
The Industrial Disputes Act,1947 One Liner Notes Pdf Download