Common law for I.D. Act, TU Act, Standing order Act.
Common law for social security (Terminal benefits, i.e. PF, Gratuity, Workmen Compensation, ESI, Maternity Benefit.
One law for wages i.e. Minimum wages, Payment of wages, Compensation for extra work, Sec 33 of I.D. Act.,Contract Labour Act,Migrant Labour Act,Building Construction Workers’ Act,Contract Labour related provisions in PF Act,ESI Act,etc.
Continuously in service including interruptions on account of:
Disability due to accident;
Lockout or strike which is not illegal.
If not continuously employed then in last one year:
Actually worked for 240 days including lay off period.
Leave with wages availed.
Disablement period due to accident while on duty.
Maternity leave not exceeding 12 weeks.
POWERS OF TRIBUNAL/LABOUR COURT TO ORDER REINSTATEMENT
In 1958, Supreme Court held that if there is fair enquiry and no malafide intention on part of employer in termination of workmen for mis-conduct, the tribunal has no authority to act as appellate court.
I.L.O. felt that workmen should have right of appeal to Neutral Body.
Such Neutral Body if feels, termination is too harsh should have right to order reinstatement or adequate compensation.
Almost like compulsory arbitration. Once dispute is referred procedure in both the cases is same.
Common features :
Award final & binding.
Award not bound by ordinary principles of law/
Bonus awarded by Tribunal even where there was no payment of Bonus Act.
Wage hike more than minimum wages granted by tribunals.
OPTION IN CIVIL COURT/VS. TRIBUNAL OR LABOUR COURT
If the dispute is not an industrial dispute nor does it relate to enforcement of any other right under the Act the remedy lies only in the Civil Court.
If the dispute is an industrial dispute arising out of a right or liability under the general or common law and not under the Act, the jurisdiction of the Civil Court is alternative, leaving it to the choice of the suitor concerned to choose his remedy
If the Industrial Dispute relates to the enforcement of a right or an obligation created under the Act than the only remedy available to the the suitor is to get an adjudication under the Act.
If the right which is sought to be enforced is a right created under the act such as Chapter V-A than the remedy for its enforcement is either Section 33-C or the raising of an industrial dispute, as the case may be.
Government not bound to refer each failure for adjudication.
Disputes must exist/apprehended at the time of reference .
PROHIBITION OF EMPLOYMENT OF CONTRACT LABOUR (SECTION-10)
The Appropriate Govt. may, after consultation with the central/State Board, Prohibit employment of Contract Labour in any Process operation or other work in any Establishment keeping in view:
Conditions Of Work.
Benefits Provided to the Contract Labour.
Whether the Work is incidental to or necessary for the main function of the Establishment.
Ordinarily done through regular workmen.
Sufficient to employ considerable number of whole time workmen.
CRITERIA OF SHAM CONTRACT Sham Contracts are those contracts which indicate no distinction between regular employees of Enterprises and contract labour. Indicators : 1. Direct supervision 2. Certification of satisfactory completion of work 3. Issue of Job Cards/Gate Passes 4. Maintaining attendance 5. Maintenance of Stock Register for materials and tools of labour.