Section -A
1)According to the latest amendment inthe Trade union act 1926 is as belowIf the number of
employees in the par...
• Specimen of Cash Receipt
• Specimen of Cash Expenditure Voucher
• Photocopy of Cash Book
• Two Copies of constitution in...
inconsistent with any such provision, or has rescinded any rule providing for any matter
provision for which is required b...
(d)

The maintenance of a list of the members of the Trade Union and adequate facilities for

the inspection thereof by th...
b) CA firm is also an industry because educational, scientific, research or training institutions
comes under industry dis...
dismissal as the circumstances of the case may require: Provided that in any proceeding under
this section the Labour Cour...
d) no, any person employed in the naval, military, or air service of the Crown.
e) yes ,teacher is doing skilled work ,so ...
job will cease to exist when the regular employee for whose absence he is appointed resumes
duty.
5) workman shall be said...
2) If employees are lawfully on strike or lawfully locked out, their wage benefits, other than
pension benefits or contrib...
4) Tribunal having found that the strike was illegal, it was not permissible for the Tribunal to
modify the decision of th...
much higher than the "quota" and every workman was normally expected to

produce

the "norm"

the 'norm", he

as the minim...
8) Whenever a workman (other than a badli workman or a casual workman) whose name is
borne on the muster rolls of an indus...
A bona fide lock-out can be illegal, if it is But a bona fide closure can never be illegal
violated the provisions of Sec....
Case 1
a))The above case shows indiscipline in the organization. Yes we can call it as an industrial
dispute.
b) no, strik...
promise and does well during the probationary time, they are usually removed from probationary
status.
d) yes . I think es...
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Final leil

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Final leil

  1. 1. Section -A 1)According to the latest amendment inthe Trade union act 1926 is as belowIf the number of employees in the particular establishment is less than 100 then 10% of the total employees is required to form a trade unionIf the number of employees in a particular estabilshment is more than 100 then the minimum number of members required to form a trade union is 100 .widrawal of the members from the trade union will negatively affects the organization as well as employees,because for each and every problem of employess trade union helps to formulate the solution ,if the employees widrwan from the trade union ,they can‟t do any help to the employees. 2)Every application for registration of a Trade union shall be made in appended to the Trade Unions Act 1926 before the Registrar of Trade Unions and shall be accompanied by a copy of Rules of the trade union and a statement giving following particulars. (a)Names, occupations and address of the members making application. (b) The name of the Trade union and the address of its lead Office. (c) The titles, names, ages addresses and occupations of the (office bearers) of the trade union as per format given in Form A appended to the Trade Unions Act 1926. In addition, the following documents are required to be submitted along with the application form:• Photocopy of Minutes Book • Photocopy of Membership Forms • Photocopy of Membership Register
  2. 2. • Specimen of Cash Receipt • Specimen of Cash Expenditure Voucher • Photocopy of Cash Book • Two Copies of constitution incorporating all items as prescribed in of the Trade Unions Act, 1926 • Photocopy of Service/Employment Proof of all members of union • Affidavit from General Secretary of Union in prescribed format • N.O.C. from the owner for Union office. • Duly paid TreasureryChallan of RS.25/-( Registration fee) in the S.B.I. Old Sectt. Branch, Delhi-54 under the head “ Labour& Employment-Receipts under Labour Law to Registration of Trade Union”. • Where a trade union is in existence for more than a year bfore making an application to the Registrar the application should be accompanied by a general statement of assets and liabilities of the trade union as Form A appended to the Trade Unions Act 1926) 1) A) No, domestic servant employee cant register as a trade union. b) No. NDPL cant register as a trade union 4) A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar. (a) (b) On the application of Trade Union to be verified in such manner as may be prescribed; or If the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is
  3. 3. inconsistent with any such provision, or has rescinded any rule providing for any matter provision for which is required by Sec. 6: Provided that not less than two months, previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar in the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union. 5) Removing a registered Trade Union from the approved list; may, within thirty days from the communication of such order to the Trade Union concerned, appeal to the Industrial Court whose decisions shall be final; Provided that in computing the period of thirty days, the period requisite for obtaining a copy of the order shall be excluded.(2) The Registrar shall comply with any order passed by the Industrial Court under sub-section (1). 6) yes they can register under trade union act 1926, -A Trade Union shall not be entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provide for the following matters, namely (a) The name of the Trade Union (b) The whole of the objects for which the Trade Union has been established; (c) The whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes shall be purposes to which such laws are lawfully applicable under this Act;
  4. 4. (d) The maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the l[office-bearers] and members of the Trade Union; (e) The admission of ordinary member who shall be persons actually engaged or employed in an industry with which the Trade Union is connected, and also the admission of the number of honorary or temporary members as 1[office-bearers) required under Sec. 22 to form the executive of the Trade Union 6) Section 17 confers immunity from liability in the case of criminal conspiracy under section 120-B of IPC, committed by an office bearer or a member. However, this immunity is partial in the sense that it is available only with respect to the legal agreements created by the members for the furtherance of valid objects of a trade union as described in section 15 of the act. The immunity cannot be claimed for an act that is an offence. Registered Trade Unions have certain rights to do in furtherance of their trade disputes such as calling for strike, persuading members Section -B 1) industry" means any systematic activity carried on by co- operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not a) post and telecommunication department served as a service industry and it comes under id act 1947.
  5. 5. b) CA firm is also an industry because educational, scientific, research or training institutions comes under industry dispute act. c) Any activity, being an activity carried on by a co- operative society or a club or any other like body of individuals, if the number of persons employed by the co- operative society, club or other like body of individuals in relation to such activity is less than ten so manipal hill club is also an industry. d) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with diffence research, atomic energy and space so physical research laborotry is also an industry under id act 2)a) yes , industrial dispute" means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is connected with the employment or non- employment or the terms of employment or with the conditions of labour, of any person; b) Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or
  6. 6. dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter c) last come first go method should not implement in the industry,lay off of the employee should be based on seeing the quality of work they perform, he Labour Court was in error in inferring ides merely because the management departed from the rule of "first come, last go." Where other things are equal, the ordinary industrial rule has to be followed by the employer, but the rule is not immutable. Section –c 1) workman means any person employed (including an apprentice) in any industry to do any skilled or unskilled, manual or clerical work for hire or reward and includes, for the purposes of any proceeding under this Act in relation to an industrial dispute, a workman discharged during that dispute, but does not include any person employed in the naval, military, or air service of the Crown." 2) yes, the agent who is canvasing for people defined as a workman any commission payable on the promotion of sales or business or both called workman. b) No, Court also referred to the Sales Promotion Employees (Conditions of Service) Act, 1976 and pointed out that the provisions of that Act were not made applicable to the employees of the company c) no because x is doing sales job,the person who does sales job doesn‟t come under the category of work man
  7. 7. d) no, any person employed in the naval, military, or air service of the Crown. e) yes ,teacher is doing skilled work ,so teachers will come under the category of work man 3) It is not possible to define non-perennial and non-permanent jobs with a mathematical precision. It is always relative or contextual to the trade, business, manufactory or core activity of the principal employer‟s establishment. What is a core activity in a particular establishment may be an incidental one in another and vice-versa. For the sake of convenience, we can generalize that any distinct job whose performance requires only a short period of time is a nonperennial job and a job whose requirement is intermittent or only occasional is a non-permanent one. When any principal employer procures any work to be done wholly or in part for him by a contractor, or through him by a subcontractor, and the work so procured to be done is a part or process in the trade or business of such principal employer, and is performed in, on or about premises under his control, such principal employer shall be liable to pay all compensation under this chapter to the same extent as if the work were done without the intervention of such contractor or subcontractor. The provisions of this section shall not extend immunity to any principal employer from a civil action brought by an injured employee or his dependent under the provisions of section 31-293 to recover damages resulting from personal injury or wrongful death occurring on or after May 28, 1988, unless such principal employer has paid compensation benefits under this chapter to such injured employee or his dependent for the injury or death which is the subject of the action. 4) Badli worker is one who is appiointed for the time being to do some work of regular nature when the person who has been doing that work goes on leave or is absent due to any reason. The
  8. 8. job will cease to exist when the regular employee for whose absence he is appointed resumes duty. 5) workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorized leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman; 6) Dismissal-punishment for disciplinary action Discharge- absolving from the charges framed. Termination- end of tenure of job by superannuation, retirement,resignation,vuluntary retirement etc., Section - D 1) A person must not take a vote under section 60 or 61 on the question of whether to strike or on the question of whether to lock out until the trade union and the employer or their authorized representatives have bargained collectively in accordance with this Code. 2) A trade union must not declare or authorize a strike and an employer must not declare or cause a lockout, until (a) In the case of a trade union or an employee in the unit affected, either section 60 has been complied with, or a lawful lockout has occurred and has not been discontinued for a period longer than 72 hours, or in the case of an employer, either section 61 has been complied with, or a lawful strike has occurred and has not been discontinued for a period longer than 72 hours.
  9. 9. 2) If employees are lawfully on strike or lawfully locked out, their wage benefits, other than pension benefits or contributions, normally provided directly or indirectly by the employer to the employees must be continued if the trade union tenders payment to the employer or to any person who was before the strike or lockout obligated to receive the payment (a) in an amount sufficient to continue the employees' entitlement to the benefits, and (b) on or before the regular due date of that payment. (2) If subsection (1) is complied with (a) the employer or other person referred to in that subsection must accept the payment tendered by the trade union, and (b) a person must not deny to an employee a benefit described in that subsection, including coverage under an insurance plan, for which the employee would otherwise be eligible, because the employee is participating in a lawful strike or is lawfully locked out. A trade union and an employer may agree in writing to specifically exclude the operation of this section. 3) strike and in those circumstances it is not permissible to deduct the wages. Elaborating this submission, he submitted that Sections 22 and 24 of the Industrial Disputes Act, 1947 thereinafter referred to as 'the ID. Act') if properly understood recognises the right of the workman to resort to.strike; and just as the management of an industrial undertaking has a right to declare lockouts of resort to lay-off, the workmen also with a view to bargain with the management have a right to resort to strike and therefore, even if it is held that the strike resorted to is illegal, the Tribunal as well as the learned Single .Judge still ought to have examined the question in the light of the explanations offered by the workmen whether they had reasonable cause for absenting themselves from work or resorting to strike. He also pointed out that the finding recorded by the Tribunal and the learned Single Judge that the strike resorted to by the workmen is illegal is erroneous in law. Sixthly, it is submitted by the learned Counsel that the proviso given to Sub-section (2) of Section 9 of the Act is liable to be struck down
  10. 10. 4) Tribunal having found that the strike was illegal, it was not permissible for the Tribunal to modify the decision of the Corporation proposing to deduct eight days wages for each day's strike and to pass an award permitting the Corporation deduction of only four days wages for each day's absence. Elaborating this submission, learned Counsel pointed out that the transport industry being a public utility service and the workmen having resorted to illegal strike paralysing the entire administration causing serious public injury and inconvenience.well as the learned Single Judge is required to be modified insofar as it relates to reduction of the penalty proposed by the Corporation and in its place an order is required to be made affirming the decision of the Corporation to deduct eight days wages for each day's illegal strike. 5) The right is an inalienable right of the working class of our country. Today, the Supreme Court of India has observed that all Government employees do not have the right to strike and their right to strike is not fundamental or moral or ethical. But tomorrow the Supreme Court of India may observe that the workers of our country, workers of the public sector and the private sector, will not have the right to strike. 6) Strikes result in work-stoppage which, in its tum adversely affects production. The loss of production not only reduces the profit-making capacity of the employer but also affects his delivery schedule and other business commitments. Workers hope that the employer would concede their demands In order to contain this resulting economic loss. At the same time, under the principle "no work, no wages", the workers do not earn wages for the strike period and this loss of earnings exerts pressure on the workers themselves In lock-out, it Is the employer who first draws the sword. But, otherwlse,'the position Is exactly the same. Be that as it may, strikes and lock-outs in public utility services Invariably Inconvenience public. Indeed such Inconvenience Is a part ofthe objective of the combatants so as toinvite public condemnation of the alleged unreasonable attitude of the opposite party and strengthen their own bargaining position. Go slow: proportion of the production was taken to correspond to dearness allowance fixed by the awards, the minimum basic wages and and this was termed as "quota". The production above the quota was paid for at piece-rates. But there was a "norm" also fixed which was
  11. 11. much higher than the "quota" and every workman was normally expected to produce the "norm" the 'norm", he as the minimum production. If the workman did would be guilty of misconduct not produce and would be liable to dismissal, as the agreement provided that any deliberate deviation from production norms would amount to go-slow tactics. The standing orders of course provide that go-slow tactics would amount to misconduct and may lead to dismissal of the workman concerned. Work to rule: formula evolved by the Tribunal in another case is an estimate properly made under section 12(2)(b). Now, that clause requires the estimate to be made to the best of the judgment of the assessing authority, which means that the assessing authority must by the employment of his own intellectual faculties made an estimate which he considers to be a fair and proper estimate of the taxable turnover. It may be that such estimate is possible by the adoption of a flat rate or by a rule of averages or by the application of some other general working rule. Pen down strike: The employees of the appellant Bank commenced pen-down strikes, followed by a general strike, pending arbitration of an industrial dispute between which were them 7) The power of the employer to suspend an employee under the ordinary law of master at 6, servant in the sense of a right to forbid a servant to work, is not an implied term In an ordinary contract between master and servant, and such a power can only be the creature either of a statute governing the contract, or of an express term in the contract Itself. Ordinarily, therefore, the absence of such power either as an express term In the contract or in the rules framed under some statute would mean that the master would have no power to suspend a workman and even if he does so he will have to pay wages during the so-called period of suspension. Where, however, there is power to suspend either in the contract of employment or In the statute or the rules framed thereunder, the suspension has the effect of temporarily BUS ponding the relation of master and aervaiit with the consequence that the servant is not bound to render service and the master la not bound to pay
  12. 12. 8) Whenever 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 is laid- off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid- off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent. of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid- off: Provided that if during any period of twelve months, a workman is so laid- off for more than forty- five days, no such compensation shall be payable in respect of any period of the lay- off after the expiry of the first forty- five days 9) if he to accept any alternative employment in the same establishment from which he has been laid-off, or in any other establishment belonging to the same employer suitable in the same town or village or situate within a radius of five miles from the establishment to which he belongs, if , in the opinion of the employer, such alternative employment does not call for any special skill or previous experience and can be done by the workman : Provide that the wages which would normally have been paid to the workman are offered for the alternative employment also; (ii) if he does not present himself for wok at the establishment at the appointed time during normal working hours at least once a day ; (iii) if such laying-off is due to a strike or showing down of production on the part of workmen in another part of the establishment. 10) Lock out Strike Section 2 (I) defines „Lock-out‟ Section 2 (cc) defines „Closure‟. Closure means the permanent closing down of It is a weapon in-the hands of employer a place of employment or part thereof. against his employees. He uses it as a threat Lock-out signifies the closure of the place of Closure is not a weapon in the hands of business, and not the closure of business employer. It equally effects on both the employer and employees
  13. 13. A bona fide lock-out can be illegal, if it is But a bona fide closure can never be illegal violated the provisions of Sec. 24 In the lock-out the relationship of employer Closure signifies the final and irrevocable and employees does not come to an end termination of the business itself In the Closure, the relationship between them comes to an end. The causes for the lock-out in an industry are temporary and can be cured. Generally, the causes of lock-out arise from The causes for the Closure of an industry are political, disturbances with trade union leaders, permanent or lasting and cannot be cured rigid policies of the State, and particularly the economic factors too, etc. Generally, the cause of closure is economical, A lock-out may turn into closure of an poor industry. quality of maintenance, poor management, non-availability of raw material, Government policies, etc. Generally lock-out is declared as answer to a A closure cannot be turned into a lock-out Strike Lock-out means the temporary closing of a Closure of an industry is a last resort. It may be place of employment. due to economic reasons 11) contracts of service and contracts for service has a long history in employment law, as has the employment status of agency workers long before the contracting sector took off and IR35 was introduced. An employee-employer contract is a contract of service,A contractor-client contract is a contract for services,In each of these types of contract, both parties have specific rights and responsibilities, which differ according to the type of contract in place.,Contractors should be aware of their rights and responsibilities when they have a contract for services between their limited company or contractor umbrella company and their agency or end-user client.
  14. 14. Case 1 a))The above case shows indiscipline in the organization. Yes we can call it as an industrial dispute. b) no, strike was not a valid and full-fledged . c) the main issue in the case is the demand notice is still in operation they didn‟t consider the demand notice, so the workmen went for a strike ,and they are compelling other people to join with the strike, For that they are threating others, also they threatened d the female workers in the organization. d) Management can take necessary actions against the employees who are under strike. e) Employees are doing illegal strike, so they can terminate the employees. If the employee want a particular solution for the issue employee should do a legal strike instead of threating the employer. f) management can conduct a meeting with the trade union regarding their needs that they are asking so they need to go for a collective bargaining ,instead of illegal strike. Case :2 a) Dr.Ramanjee started asking about his pay scale during his probationary period and the company terminated his service with out any consideration. Yes we can termed it as a industrial dispute b) Management can say that he violated the rules because he raised his voice during the probationary period. C) no ,because he is undergoing the probationary period during the probationary period employee doesn‟t become workman, A probationary period varies widely depending on the business, but can last anywhere from 30 days to several years. If the new employee shows
  15. 15. promise and does well during the probationary time, they are usually removed from probationary status. d) yes . I think estate workers are doing an illegal strikes because has the authority to fire an employee during the probationary period, e) organization can give a waring notice to the employees who are in strike, if they continue that they can fire the employees f) if the aggrieved person is eligible company has to pay compensation for him.

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