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Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
Industrial and labour laws (comprehensive)
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Industrial and labour laws (comprehensive)

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  • 1. Industrial and Labour Laws (Comprehensive)
  • 2. Evolution of Labour Laws
  • 3. Historical development of labour law • The origins of labour law can be traced back to the remote past and the most varied parts of the world. • Asian scholars have identified labour standards as far back as the Laws of Hammurabi and rules for labour- management relations in the Laws of Manu; • European writers often attach importance to the guilds and apprenticeship systems of the medieval world,
  • 4. • Latin American authors point to the Laws of the Indies promulgated by Spain in the 17th century for its New World territories. • None of these can be regarded as more than anticipations, with only limited influence on subsequent developments.
  • 5. • Labour law as it is known today is essentially the child of successive industrial revolutions from the 18th century onward. • Labour law became necessary when customary restraints and the intimacy of employment relationships in small communities ceased to provide adequate protection.
  • 6. • Protection. against the abuses incidental to new forms of mining ; • Manufacture on a rapidly increasing scale • At precisely the time when the 18th- century Enlightenment, the French Revolution, and the political forces that they set in motion were creating the elements of the modern social conscience.
  • 7. • It developed rather slowly, chiefly in the more industrialized countries of Western Europe, during the 19th century and attained its present importance, relative maturity, and worldwide acceptance only during the 20th century.
  • 8. • In India children between the ages of seven and 12 were limited to nine hours of work per day in 1881 and adult males in textile mills to 10 hours per day in 1911. • The first major advance was the amendment of the Factory Act in 1922 to give effect to conventions adopted at the first session of the International Labour Conference at Washington, D.C., in 1919.
  • 9. Elements of labour law • The basic subject matter of labour law can be considered under nine broad heads: 1. employment; 2. individual employment relationships; 3. wages and remuneration; 4. conditions of work; 5. health, safety, and welfare; 6. social security; 7. trade unions and industrial relations; 8. the administration of labour law; 9. and special provisions for particular occupational or other groups.
  • 10. Evolution of Labour law in India • Labour law in INDIA is also known as the Industrial Law. The current labour law legislation in India is an adjunct of British colonialism. • The industrial or labour law that was enacted by the British was to protect the British employers, especially of Textile Mills in England.
  • 11. Historical Perspectives on Indian Labour Legislations. • Initial periods of imperialism were based on exploitation of the worker class. • With the emergence of ILO at an international level and with the inhumane treatment meted out to workmen being replaced with an outlook of dignity of labour, the whole scenario of labour legislations began in pre- independence India.
  • 12. • Thus came the Factories Act. It is well known that the Indian textile industry offered stiff competition with that of the British textiles in the export market in 1880. • So the British government imposed a law called the "The Factories Act, 1883". This was mainly done to protect the British Employers and to reduce the export of Indian Textiles.
  • 13. • It was then that the Labour system of India was changed • A strict stipulation of : 1. Eight hour work was implemented. 2. Abolition of child labour was imposed, 3. Restriction of women to work in night, 4. And the introduction of wages for over time working. • While the impact of these measures were clearly welfarist, they were clearly protectionist.
  • 14. • Then came The Trade Disputes Act, 1929. This was to regulate the relationship between the employee and the employer. • Provisions regarding the act of strike and lock out was clearly defined in this act.
  • 15. • The Indian Labour Legislations owe its existence to the British Raj. • Most of the labour legislations were enacted prior to India’s independence.
  • 16. • After independence, India made various changes in the Acts that were originally enacted by the British government. • New laws and amendments were added to the Indian Constitution. • A tripartite conference was held in December 1947. Members of the tripartite conference were Employees, Employers and Members of Trade Unions.
  • 17. Tripartite Labour Conference Of December 1947 • In this tripartite meeting, it was agreed that employee would be given fair wages and fair working conditions and in return the employer may receive the fullest co- operation of Labour for uninterrupted production and higher productivity as part of the strategy for national economic development.
  • 18. • The post independence enactment of important legislations in the areas of employee security and welfare derive their origin partly from: 1. the vision of independent India’s leaders 2. and partly from the provisions in the Indian Constitution, 3. the Tripartite Labour Conference Of December 1947, 4. and lastly from the international conventions like the International Labour Organization (ILO).
  • 19. • After independence legislations related to workers’ welfare like: 1.Provident Fund Act, 2.Employee State Insurance Act, 3.Payment of Bonus Act and 4.Payment of Gratuity Act were enacted with the intention of providing security and retirement benefits to workmen.
  • 20. • Over a period of time several amendments have been made to the existing labour legislations as per the needs of the industry. • The case in point is the latest amendment to the Factory Act whereby women worker are allowed to work between 7pm and 6am. • Such amendments were made after recommendations from industry associations to the labour ministry. • Now BPO and IT sector which employs a large women workforce during its nightshifts ,benefited tremendously from this amendment to the Factory Act
  • 21. Role of India’s Constitutional Framework on Indian Labour Laws. • The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy.
  • 22. Labour laws and State Governments • Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and State Governments are competent to enact legislations. • There are also Labour laws enacted and enforced by the various State Governments which apply to respective States.
  • 23. Industrial Conflict • Conflict is inherent in industrial relations today. • Interest of labour and management are usually opposite. This manifests itself in • The prevailing unrest , work stoppages resulting from strikes or lock-outs , slowing down of production etc.
  • 24. • When issues of conflict are submitted to the management for negotiation, they take the form of industrial disputes. • Special causes of industrial conflict may be treated as causes of industrial disputes.;
  • 25. • When issues of conflict are submitted to the management for negotiation, they take the form of industrial disputes. • Special causes of industrial conflict may be treated as causes of industrial disputes.;
  • 26. • To prevent & resolve industrial disputes • Securing amity & good relations between workers & management, for common good
  • 27. • Industrial Dispute is : • Any dispute between : – Employers & employers – Employers & workmen – Workmen & workmen • Connected with – The terms of employment or non-employment – Conditions of labour of any person.
  • 28. • Any person (including an apprentice) – employed in an industry – to do any manual, unskilled, skilled technical operational, clerical or supervisory work – for hire or reward – Whether the terms of employment be express or implied and for the purpose of this Act includes – any such person who has been dismissed discharged or retrenched in connection with or as a consequence of an industrial dispute or whose dismissal or retrenchment has led to the dispute
  • 29. • But, does NOT include a person : – who is subject to Army Act, 1950 , Air Force Act 1950 or Navy Act 1957 – Who is employed in police service as an officer or other employee of a prison – Who is employed mainly in managerial or administrative capacity – A supervisor drawing wages exceeding a specified amount Rs 10,000pm (mentioned in the Rules)
  • 30. • Any systematic activity carried on by cooperation between employer & his workmen (whether workmen are employed directly or through an agency) for the production, supply or distribution of goods or services. • 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,- • Whether or not any capital has been invested or such activity is being carried out for the purpose of making profits
  • 31. • But it DOES NOT include: • Any agricultural operation (except when the Agri- operation is integrated with another activity & that is the predominant one) • Hospitals or dispensaries • Educational, scientific, research or training institutions • Khadi or village industry • Any sovereign function of the govt • Any domestic service • Any profession practiced by an individual if the number of persons employed by the individual is less than ten • Cooperative society employing less than 10 persons
  • 32. • Authorities appointed under ID Act : – Works Committee – Conciliation Officer – Board of Conciliation – Court of Inquiry – Labour Court – Industrial Tribunal – National Tribunal
  • 33. • What is the statutory requirement for constituting WC? – Every Industrial establishment in which: 100 or more workmen are employed or – have been employed on any day in the preceding 12 months. • Whom does it consist of ? – Bipartite – representatives of both – Representatives of workmen equal to that of employer , – Term of representatives shall be 2 years • Which type of issues handled ? – Matters arising out of the day to day working of the organisation (e.g. health, safety , welfare of employees , productivity , quality, cost consciousness)
  • 34. Conciliation Officer(CO) • Appropriate govt. may appoint CO • CO may be Labor officer(less than 20 workmen),Labor Commissioner or Deputy Com for more than 20. • CO work is to induce both the parties to the dispute to come to fair and amicable settlement. • Mediation (negotiate on proposal made by mediator/s Conciliation( own proposal) • Send a report (proceedings- successful or failed) to govt. within 14 days of start of proceedings • After considering the govt may refer the dispute to BOC , Labour court, Tribunal or national tribunal.
  • 35. Board of concilliation Composition :Chairman and 2 or 4 members Duties & power same as conciliatory officer : if dispute is settled – then report is to be sent to appropriate Govt. : if not, then also submit report to Govt within 2 months
  • 36. Courts of Inquiry (COI) • The app govt may constitute Commission Of Inquiry connected with a particular dispute • A COI may consist of one or more persons as members. • Inquire into the report and submit to govt within 6 months from commencement of inquiry. • Inquire and reveal the case
  • 37. Labour court • The app govt may appoint a Judge to the Labour Court – any matter specifies in II Schedule • Composition – consist of 1 person – should be or have been a judge of HC, or for 3 yrs been a district judge or an add district judge, have held any judicial office in India for 7 yrs, • Matters in II schedule: under standing order, • Application or interpretation of SO, discharge or dismissal of workers, workers wrongly dismissed, withdrawal of concession or privilege, illegality of strike or lockout, all matters other than III schedule
  • 38. Tribunals • Whether in II schedule or III • Consist of 1 person – should be or have been a judge of HC, or for 3 yrs been a district judge or an add district judge • Matters; wages , including period, mode of payment, compensatory allowances, hrs of work, intervals, leave with wages, bonus , profit, pf gratuity, shift work, classification fo grades, rules of discipline, retrenchment, closure,
  • 39. National Tribunal • Central govt may refer the dispute to NT : if the matter is of national importance • The parties to an industrial dispute are required not to resort to work stoppage if dispute is pending before the Board of Conciliation or adjudication authority.
  • 40. Methods for settlement and prevention of Industrial dispute Collective Bargaining: Steps • Presentation in collective manner(demands and grievances) • Discussions, bargaining and negotiations on mutual grounds • Signing of formal agreement or informal understanding • In event of failure, likely resort to strikes or lock outs.
  • 41. Conciliation and Mediation • Bargaining with the help of a third party is called Conciliation or Mediation • The aim of conciliator is to break the deadlock ,explain the view point of one party to the other, convey messages and keep the negotiation going. • Parties may or may not accept the suggestions.
  • 42. Adjudication • Under the condition when dispute is not settled and parties adhere to strikes and lockouts, Govt may decide to refer the dispute to adjudication and force the parties to abide by the award of the adjudicator • Prohibit the party from work stoppages.
  • 43. • Compulsory method in which parties are forced to go by the power of the state. • Decision imposed by third party • Basis of decision is law and justice • Referred to Court of Arbitration or Tribunal or Labour Court
  • 44. Voluntary Arbitration  When the parties feel that mutual negotiations will not succeed ,it may decide to submit the dispute to a neutral person or group of persons for arbitration.  Award given may or may not be binding on parties
  • 45. • Sec. 10 (A) (1): Before the Govt. refers a dispute to adjudication, the employer & workmen, can voluntarily refer it to an arbitrator(s) through a written agreement. • If there are an even number of arbitrators are there an umpire shall be appointed whose decision shall prevail if the others are equally divided in their opinion. • A copy of the arbitration agreement shall be sent to the appropriate Govt. and the conciliation officer and the same shall be published in the official gazette within one month.
  • 46. • When the Govt. is satisfied that the persons who have signed the arbitration agreement represent the majority of each party , the dispute is referred to arbitration and the Govt. issues a notification (The dispute shall be settled through arbitration ) and ……. • When a dispute has been referred to arbitration and a notification has been issued, the Govt. may prohibit the continuance of a strike or lock out • The arbitrator (s) shall investigate the dispute and submit the award to the appropriate Govt.
  • 47. • Karnal Leather Karamcjari Sanghathan Vs. Liberty Footwear Co. , AIR 1990 , SC • Question : If an arbitration agreement is not published, will the arbitrator’s award still be valid ? • Facts : • Workers’ Union claimed that the management had illegally terminated more than 200 workmen . • Workers went on strike ….. Violence ….. Police….. Deputy Commissioner….. Labour Commissioner
  • 48. • Both parties agreed to get the dispute settled through an arbitration committee consisting of 5 persons (2 from the management, two from the Union with the Deputy Labour Commissioner as the President) • The committee gave its award to reinstate 159 workers • The management did not reinstate the workers ….… another dispute arose! • The management challenged the validity of the arbitration award ….. Writ petition in the High Court • The ground ….. the arbitration agreement was not published in the official gazette as per requirement of subsec. 3 of Sec. 10 (A)of ID Act . • The High Court accepted the writ petition i.e. requirement of publishing the agreement is mandatory. • Workmen appealed to the Supreme Court • SC : upheld the HC decision , i.e. the arbitration agreement must be published without which the validity of arbitral award is questionable.
  • 49. • 2(q) : Cessation of work by a body of persons employed in an industry acting in combination , or a concerted refusal , or a refusal under common understanding of any number of persons who are or have been so employed to continue to work or accept employment. • Relevant provisions : Sec. 10(3) ; 10A (4A); 22-28
  • 50. • STRIKE : A concerted and temporary cession of work by workers with a view to furthering or protecting their interests and rights an securing a fufillment of their specific demands • LOCKOUT : temporary closing of place of employment or the suspension of work or refusal by an employer to continue to employ any number of persons employed by him or her
  • 51. • 10 (3) : App. Govt. can prohibit the continuance of a strike in connection with a dispute referred to BOC, LC, IT or NT • 10 A (4A) : App. Govt. can prohibit the continuance of a strike in connection with a dispute referred to arbitration and a notification is issued u/s 10(3A)
  • 52. Forms of strike • Authorized strikes Only when union has given consent or the union has given the call for strike • Unauthorized strike or Wild Cat strike 1. The strike has been called by a section of workmen without the approval of the union and a strike notice to the management. 2. Strike by a section of workmen on the spur of moment without any formal preparation, any formal notice to the employer or consent of relevant unions
  • 53. General Strikes called by a political party • Wide coverage. • Depending on strike, confined to city, or industries are included. Particular Strikes • Limited in scope , confined to single plant or a few plants and to a single trade or occupation in a particular town or city.
  • 54. • Work-to-rule strike: Employees declare that they will perform their tasks strictly in accordance with the rules prescribed . may result in slow down.
  • 55. • Sympathetic Strike : Conducted out of sympathy for the cause of another group of workmen, most often from another unit or company. • Gherao: Involves confinement of authorities in their offices by workers to exert pressure on management to accept their demands
  • 56. Types based on Techniques • Slow –down strike: workers do not stop working ,rather they slow down the pace of work • Quickie (Limited Time; Preannounced) strike : Workers remain in their place of work, but they stop work for a brief period for few minutes or hours. • Sit-down strike: Workers remain in their place of work but they do not work. Duration is long .
  • 57. What Form Does a Strike Assume • Workers quit their places of work and stop working • They prevent others, mostly by persuasion or picketing, but occasionally by violence, from joining work or by new workmen replacing them
  • 58. • Sec. 23 : No person employed in any industrial establishment shall go strike in breach of contract and no employer shall declare lockout : – During the pendency of conciliation proceedings before a board and 7 days after the conclusion of such proceedings – During the pendency of proceedings before a Labor Court , Tribunal or national Tribunal and two months after the conclusion of such proceedings. – During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion [Sec. 10A (3a)] – During any period in which a settlement or award is in operation in respect of any matter covered by the settlement or award.
  • 59. • Sec. 22 : Prohibition of Strikes & Lock Outs • (1)No person employed in a Public Utility Service shall go strike in breach of contract- – Without giving to the employer , notice of strike, within 6 weeks before striking or – Within 14 days of giving the notice or – Before the expiry of the date of strike specified in such notice – During the pendency of any conciliation proceedings before a CO & 7 days after the conclusion of such proceedings.
  • 60. Public Utility Service • Any railway service or any transport service • Any service in major port and dock • Any postal, telegraph or telephone service • Any industry which supplies power, light or water to public • Sanitation • Any industry specified in the First Schedule
  • 61. • Sec, 22 (2) :No employer carrying on a Public Utility Service shall lock out any of his workmen - – Without giving them, within 6 weeks before locking out – Within 14 days of giving the notice – Before the expiry of the date of Lock out specified in such notice – During the pendency of any conciliation proceedings before a Conciliation Officer & 7 days after the conclusion of such proceedings.
  • 62. Employer’s obligation : • Employer is required to inform the appropriate govt. about any notice of strike received from the workmen or any notice of lock out given by the employer, within 5 days of receiving or giving such notice.
  • 63. • Notice of lockout is not necessary when strike is already in existence , but intimation of the same is to be sent to the authority specified by appropriate govt. • Notice of strike is not necessary when lockout is already in existence , but intimation of the same is to be sent to the authority specified by appropriate govt.
  • 64. • A strike or lock out shall be deemed to be illegal if : • It is commenced in contravention of section 22 or 23 • In case of arbitration – strike prohibit • A lock out in consequence of an illegal strike is NOT illegal and a strike in consequence of an illegal lockout is NOT illegal.
  • 65. • Sec. 25 : No person shall knowingly spend any money to support an illegal strike or lockout.
  • 66. • All India bank Employees Union Vs. National Industrial Tribunal , AIR 1962, SC • Ar. 19 (1)(c ) of The Constitution of India : • The Unions contention was: Right to form a Union is a guaranteed provision. It implies that the right to strike should be guaranteed , which is necessary to achieve the objectives of the Union (e.g. Collective bargaining) • The Supreme Court rejected the contention ; it stated that the right to strike is not an unfettered right. It is controlled or restricted by appropriate legislation.
  • 67. • 2 (kkk) : Failure , refusal or inability of an employer on account of : – Shortage of coal, power or raw material – accumulation of stock – Breakdown of machinery – Natural calamity – Or any other connected reason to give employment to a workman whose name is borne on the muster rolls of industrial establishment and who has not been retrenched. Lay off results in temporary unemployment
  • 68. Application of provisions of Act Do not apply in establishments • A). in which less than fifty workmen on an average per working day have been employed in preceding calendar month • B). which is of seasonal character or in which work is performed only intermittently.
  • 69. • Uninterrupted Service • Including service interrupted on account of : 1.sickness /accident 2.authorized leave 3.Legal strike 4.Lock Out 5.Any cessation of work without the fault of workmen
  • 70. Continuous service of One Year : • In 12 calendar months, actually worked for at least – 190 days – establishment below ground – 240 days – any other case • The number of days on which workman has actually worked shall include: – Days laid off – Leave with full wages – Absent due to temporary disablement caused by accident arising out of & in the course of employment – Maternity leave of max 12 weeks
  • 71. Right of workmen laid off for compensation • A workman other than badli or casual workman whose name is on the muster rolls and who has completed one year of continuous service ,if laid off ,is entitled to 50% of the total basis wages and dearness allowance. • If workman is laid off for more than 45 days ,no compensation is payable in respect of any period of lay off after expiry of first 45 days. • It is lawful for the employer to retrench the workmen at any time after expiry of 45 days and compensated accordingly.
  • 72. • If workman refuses to accept alternative employment in the same est. or another est of the same employer situated within a radius of 5 miles, if this employment does not call for any special skill or experience & the wages are also the same. • If he does not present himself for work • If lay off is due to a strike or slow down
  • 73. • 2(ooo) : Termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include termination due to : – Voluntary retirement – Superannuation – Non-renewal of service contract – Continued ill health
  • 74. RETRENCHMENT – CHAPTER VARETRENCHMENT – CHAPTER VA • Conditions precedent to Retrenchment 25 F : No workman employed in an industry who has cont. service of at least one year, can be retrenched unless – served 1 month notice indicating reasons for retrenchment or wages in lieu of it – has been paid compensation @ 15 days average pay for every completed year of continuous service or any part thereof in excess of 6 months. – Notice to the app. Govt.
  • 75. • Employer : application for permission to the app. Govt. and its copy to the workmen Appropriate Govt. makes an enquiry – gives the employer & the workmen an opportunity to present their cases and decides whether the retrenchment is genuinely required . App. Govt. passes an order granting or refusing the permission for retrenchment . Copy of the order is communicated to both employer and workmen
  • 76. • Last Come , first go • Unless the employer records the reasons for retrenching any other workman.
  • 77. • Permanent closing of a place of employment or part thereof • Provisions applicable under chapter VA – (51 to 99 workmen) • Sec. 25 FF A : Sixty days notice – Notice of the intention to close down an undertaking is to be given to the app. Govt. 60 days before the intended date of closure. – This condition is not applicable to undertakings : • employing less than 50 workmen on an average / day during the past 12 months or • engaged in construction of roads, bridges, canals or other construction work. – Govt. can grant exemption from the requirement of notice period , under exceptional circumstances (e.g a major accident in the undertaking requiring it to close down)
  • 78. • Prohibition of lay off : Sec. 25 M – • Employer cannot lay off workmen except with the prior permission of the appropriate govt. except under the following circumstances : – Shortage of power – Natural calamity – Mine : fire, flood, emission of inflammable gas or explosion
  • 79. • Employer : application for permission to the app. Govt. and its copy to the workmen Appropriate Govt. makes an enquiry – gives the employer & the workmen an opportunity to present their cases and decides whether the lay off is genuinely required . App. Govt. passes an order granting or refusing the permission for lay off . Copy of the order is communicated to both employer and workmen
  • 80. • If the employer has already laid off workmen due to the permissible reasons [25 (M) (1)] , one still has to obtain permission in the prescribed manner in order to continue the lay off . • If an application for permission has been made but app. Govt. does not reply within 60 days, the permission is deemed to have been granted.
  • 81. • A Govt order (granting or refusing the permission shall be a binding on both the parties and shall be in force for a period of one year.
  • 82. • Permanent closing of a place of employment or part thereof • Provisions applicable under chapter VA – (51 to 99 workmen) • Sec. 25 FF A : Sixty days notice – Notice of the intention to close down an undertaking is to be given to the app. Govt. 60 days before the intended date of closure. – This condition is not applicable to undertakings : • employing less than 50 workmen on an average / day during the past 12 mths or • engaged in construction of roads, bridges, canals or other construction work. – Govt. can grant exemption from the requirement of notice period , under exceptional circumstances (e.g a major accident in the undertaking requiring it to close down)
  • 83. • Every workman who has been in continuous service of not less than one year, shall be paid compensation as per sec. 25 F as if he had been retrenched,i.e. 15 days wages for every year of continuous service • Further , if an undertaking is closed down due to exceptional circumstances beyond the control of employer, the total amount of compensation shall NOT exceed 3 months’ avg. pay.
  • 84. • The following are NOT exceptional circumstances in this regard : – Financial losses – Accumulation of undisposed stock – Expiry of the period of lease or license – Mine : exhaustion of minerals in an area
  • 85. • Employer : application for permission to the app. Govt. and its copy to the workmen - 90 days before date of intended closure Appropriate Govt. makes an enquiry – gives the employer & the workmen an opportunity to present their cases and decides whether the closure is genuinely required . App. Govt. passes an order granting or refusing the permission for closure . Copy of the order is communicated to both employer and workmen
  • 86. Voluntary Measures for prevention and settlement of Industrial Disputes Settlement without state intervention  Collective Bargaining  Voluntary Arbitration
  • 87. Statutory Measures for prevention and settlement of Industrial Disputes With Intervention of Govt.  Compulsory establishment of Bipartite Committees : e.g. Works Committee  Establishment of Compulsory Collective Bargaining  Conciliation and Mediation : Voluntary or compulsory  Compulsory Investigation : e.g. Court of Inquiry  Compulsory Arbitration or Adjudication
  • 88. • An employer who intends to close down an undertaking serves a notice 30 days before the date on which the intended closure is to becomes effectives on the appropriate government. Is the notice valid??
  • 89. • No • As per Section 25FFA of the Industrial Disputes Act,1947, a notice of 60 days is required.
  • 90. What are Industrial Disputes? • Industrial Dispute means any dispute or differences between : 1.employers and employers or 2.between employers and workmen 3.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
  • 91. What are the different categories of Industrial Disputes? The Second Schedule of the I.D. Act deals with matters within the jurisdiction of Labour Courts which fall under the category of Rights Disputes.
  • 92. • The propriety or legality of an order passed by an employer under the standing orders; • The application and interpretation of standing orders which regulate conditions of employment. • Discharge or dismissal of workmen including reinstatement of, or grant of relief to workmen wrongfully dismissed;
  • 93. • Withdrawal of any customary concession or privilege; • Illegality or otherwise of a strike or lock- out; • All matters other than those specified in the Third Schedule.
  • 94. The Third Schedule of the I.D. Act deals with matters within the jurisdiction of Industrial Tribunals which could be classified as Interest Disputes.
  • 95. These are : • Wages, including the period and mode of payment; • Compensatory and other allowances; • Hours of work and rest intervals; • Leave with wages and holidays; • Bonus, profit sharing, provident fund and gratuity; • Shift working otherwise than in accordance with standing orders; • Classification by grades; • Rules of discipline; • Rationalization; • Retrenchment of workmen and closure of establishment; and • Any other matter that may be prescribed.
  • 96. Who can raise an Industrial Dispute? • Any person who is a workman employed in an industry can raise an industrial dispute. • A workman includes any person (including an apprentice) employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. • It excludes those employed in managerial or administrative capacity. • Industry means any business, trade, undertaking, manufacture and includes any service, employment, handicraft, or industrial occupation or avocation of workmen.
  • 97. How to Raise an Industrial Dispute? • A workman can raise a dispute directly before a Conciliation Officer in the case of discharge, dismissal, retrenchment or any form of termination of service. • In all other cases listed above, the dispute has to be raised by a Union / Management.
  • 98. Who are Conciliation Officers • The Organization of the Chief Labour Commissioner (Central) acts as the primary conciliatory agency in the Central Government for industrial disputes. • There are the Regional Labour Commissioners (Central) and Assistant Labour Commissioners (Central) who act as Conciliatory Officers in different parts of the country.
  • 99. What do They Do? • The Conciliation Officer make efforts to resolve the dispute through settlement between the workmen and the management.
  • 100. What happens when the Dispute is referred to Labour Court? • After the matter is referred to any of the CGIT- cum-Labour Court, the adjudication process begins. At the end of the proceedings an Award is given by the Presiding Officer. • The Ministry of Labour under Section 17 of the I.D. Act publishes the Award in the Official Gazette within a period of 30 days from the date of receipt of the Award.
  • 101. How is the Award implemented? • An Award becomes enforceable on the expiry of 30 days from the date of its publication in the Official Gazette. • The Regional Labour Commissioner is the implementing authority of the Awards.
  • 102. Does the workman have the Right to go on strike with proper notice in Public Utility Services? • No person employed in a Public Utility Service can go on strike without giving to the employer notice of strike; • Within(i.e. the strike has to start before the expiry of) 6 weeks before striking. • Within(i.e. before the expiry of) 14 days of giving such notice. • Before the expiry of the date of strike specified in such notice. • During the pendency of any conciliation proceedings before a Conciliation Officer and 7 days after the conclusion of such proceedings.
  • 103. Does the Employer have the right to lock -out any Public Utility Service? • No employer carrying on any Public Utility service can lockout any of his workman : • Without giving to them notice of lockout provided within 6 weeks before locking out. • Within 14 days of giving such notice. • Before expiry of the date of lockout specified in any such notice. • During the pendency of any conciliation proceedings before a Conciliation Officer and 7 days after the conclusion of such proceedings.
  • 104. Industrial Employment (Standing Order Act) STANDING ORDERS ACT, 1946
  • 105. Industrial Employment (Standing Order Act) • There was no uniformity in the conditions of service of workers until this Act was promulgated. • The absence of standing order, clearly defining the rights and obligations of the employer • The demand for statutory service conditions was first raised by Bombay Cotton Textile workers in 1927-28.
  • 106. • The Bombay Industrial Disputes Act of 1938 provided, for the first time, for statutory standing orders. • The Labour Investigation Committee 1944-46 observed: “ An industrial worker has the right to know the terms & conditions under which he is expected to follow”.
  • 107. OBJECTIVES • To require employers to define the conditions of work • To bring about uniformity in terms and conditions of employment • To minimize industrial conflicts • To foster harmonious relations between employers and employees. • To provide statutory sanctity and importance to standing orders
  • 108. SCOPE AND APPLICATION • The Act extends to the whole of India • It applies to every establishment wherein 100 or more workmen are employed or employed on any day preceding twelve months.
  • 109. Exemptions • The appropriate Govt. can exempt any establishment from any of the provisions of the Act It applies to railways, factories, mines, quarries, oil-fields, tramways, motor services, docks, plantations, workshops, civil construction and maintenance works. The Act has 15 sections and a schedule.
  • 110. To Whom Does It Apply • The Act is applicable to all workmen employed in any industrial establishment to do any skilled or unskilled, manual, supervisory, technical, clerical work. Even the apprentices are also included. • But the persons employed mainly in a managerial/administrative/supervisory capacity drawing wages exceeding Rs.1600 are not covered
  • 111. Nature of the Standing Order • The Supreme Court in Bagalkot Cement Company Ltd. v. Pathan (K.K.). (1962) 1 L.L.J. 203)], held that certified standing orders, have statutory force and after they are certified, constitute the statutory terms of employment between the industrial establishment in question and their employees. • Again in Western Indian Match Co. v. Workmen, AIR 1964 • S.C. 1458 the Supreme Court spoke in similar terms: • "The terms of employment specified in the Standing Order would prevail over the corresponding terms in the contract of service in existence at the time of the enforcement of the Standing Order."
  • 112. What are the contents of the STANDING ORDERS 1. Classification of the workmen : temporary, casual, apprentices 2. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates 3. Shift working Attendance and late coming Conditions of, procedure in applying for, and the authority which may grant leave and holidays 4. Requirements to enter premises by certain gates and liability to search 5. Closing and reopening of sections of the establishments, or temporary stoppages 6. Suspension or dismissal for misconduct and acts and omissions which constitute misconduct
  • 113. Submission Of Draft Standing Orders • It is obligatory on the part of an employer or a group of employers to furnish 5 copies of the draft standing orders to the certifying officer within 6 months of the application of the Act the employer shall submit the draft standing orders • The draft shall be accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment, including the name of the trade unions, if any, to which they belong
  • 114. Procedure for Certification of Standing Orders • On receipt of the draft standing order, the certifying officer shall forward a copy to sent to trade union of the workmen functioning in the establishment • If no such union exists, to three representatives of workmen in the establishment elected at a meeting called for the purpose • A notice in the prescribed form will be given inviting objections, if any, to the draft standing orders within fifteen days of receipt of these orders .
  • 115. Procedure for Certification of Standing Orders • After giving to the parties an opportunity of being heard, the certifying officer shall decide whether or not any modification of the draft is necessary , and make an order in writing accordingly. • In doing so, the certifying officer can adjudicate upon the fairness and reasonableness of the provisions in the drafts. • The certifying officer shall thereupon certify the standing orders with or without modifications and forward the authenticated copies thereof to the employer and to the trade union or other prescribed representatives of the workmen within seven days from the date of his orders
  • 116. Modification of Standing Orders • The standing orders finally certified under this Act shall not be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation. • Subject to the provisions of section10(1), an employer or workman may apply to the certifying officer to have the standing orders modified. • Such an application shall be accompanied by five copies of the modifications proposed to be made by agreement between the employer and the workmen, a certified copy of that agreement shall be filled along with the application
  • 117. Provisions of the Act • Thus, the items, which have to be covered by the standing orders in respect of which the employer has to make a draft for submission to the certifying officer, are matters specified in the schedule. • b) Contents of the Schedule • The matter referred to in the Schedule are: • 1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, of badlis. • 2. Manner of intimating to workmen periods and hours of work, holidays, paydays and wage rates. • 3. Shift working. • 4. Attendance and late coming.
  • 118. Provisions of the Act • 5. Conditions of, procedure in applying for, and the authority which may grant, leave and holidays. • 6. Requirement to enter premises by certain gates, and liability to search. • 7. Closing and re-opening of sections of the industrial establishment, and temporary stoppages of work and the right and liabilities of the employer and workmen Arising therefrom. • 8. Termination of employment, and the notice thereof to be given by employer and workmen. • 9. Suspension or dismissal for misconduct, and act or omissions which constitute misconduct. • 10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servant. • 11. Any other matter which may be prescribed.
  • 119. Acts of Misconduct • The following acts or omissions on the part of a workman shall amount to misconduct; 1. Going on an illegal strike 2. Willfully slowing down in performance of work 3. Theft, fraud or dishonesty in connection with the employer’s business or property or the theft of property of another workman within the premises of the establishment 4. Taking or giving bribes 5. Habitual absence without leave or absence without leave for more than ten consecutive days 6. Collection without the permission of the manager of any money within the premises of the establishment except as sanctioned by any law for the law for the time being in force
  • 120. Acts of Misconduct 1. Engaging in trade within the premises of the establishment 2. Drunkenness, riotous, disorderly or indecent behaviour on the premises of the establishment 3. Habitual neglect of work 4. Habitual breach of any rules or instructions 5. Willful damage to work in process or to any property of the establishment
  • 121. Acts of Misconduct • Holding meeting inside the premises of the establishment without the previous permission of the manager or except in accordance with the provisions of any law for the time being in force. • Disclosing to any unauthorized person any information • Smoking and spitting on the premises of the establishment where it is prohibited by the employer • Unauthorized possession of any lethal weapon in the establishment
  • 122. Payment of Subsistence allowance • Payment of subsistence allowance by an employer to a workman who has been suspended by the employer and his investigation is pending • the allowance shall be at the rate of 50% of the wage for the first 90 days of suspension • The allowance shall be 75% of the wage after 90 days if the investigation is delayed due to employer
  • 123. Offences and Penalty • Any employer fails to submit draft standing orders or modifies it, shall be punishable with fine which may extend to Rs. 5000. • In case of continuance of the above offence, fine up to Rs.200 per every day.
  • 124. Obligations of Employers • Submit draft standing orders with the required information to the certifying officer for certification within the time limit mentioned in the Act. • Act in conformity with the certified standing orders in the day to day dealings with the workmen • Modify certified standing orders only with the approval of the certifying officer
  • 125. Obligations of Workmen • . Work in conformity with the certified standing orders or model standing orders as the case may be. • Comply with the provisions of the Act in regard to modification and interpretation of standing orders
  • 126. The Trade Unions Act, 1926
  • 127. Objective of the Act • ‘An act to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions.’ • It extends to the whole of India.
  • 128. Trade Union: • It means combination ,whether temporary or permanent ,formed primarily for the purpose of 1. regulating the relations 2. for imposing restrictive condition on the conduct of any trade or business, 3. can be between workmen and employers or between workmen and workmen, or between employers and employers • It can include any federation of two or more Trade Unions.
  • 129. Definitions of some important Terms • Appropriate Government: For the trade unions whose objects are not confined to one state, the appropriate government will be the Central Government, for others it’ll be the State Government. • Trade dispute: It means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment, or non-employment or the conditions of labour, of any person. • Workmen: Means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.
  • 130. Section 4: Mode of registration Any seven or more members of a Trade Union may apply for registration of the Trade Union under this Act: –by subscribing their names to the rules of the Trade Union –and by complying with the provisions of this Act with respect to registration.
  • 131. Mode of registration • An application for the registration of a Trade Union shall not become invalid merely for the reason that at any time after the date of the application, but before the registration of the Trade Union some of the applications (not exceeding half of the total number of the persons who made the application) have ceased to be members of the Trade Union.
  • 132. Section 5: Application for registration Application for registration of a Trade Union shall be made to the Registrar and shall be accompanied by: – copy of the rules of the Trade Union – statement of the following particulars, namely:- • The names, occupations and addresses of the members making the application. • The name of the Trade Union and the address of its head office. Where a Trade Union has been in existence for more than one year before the making of an application for its registration it needs to submit a statement of the assets and liabilities held by it.
  • 133. Section 6: Provisions to be contained in the rules of Trade Union A Trade Union shall not be entitled to registration under this Act, unless the executive is constituted in accordance with the provisions of this Act, and the rules provided for following matters: 1. for which the general the name of the Trade Union 2. the object for which the Trade Union has been established 3. the purposes funds of the Trade Union shall be applicable.
  • 134. Section 7: Power to call for further particulars and to require alteration of name • The Registrar can call for further information for the purpose of checking the compliance of the application with respect to Sec 5 and Sec 6 of the Trade Union Act. – He may refuse to register the Trade Union until such information is supplied. • If the name under which a Trade Union is proposed to be registered is identical or it nearly resembles with that of any other existing Trade Union, the Registrar shall require the persons applying for registration to alter the name of the Trade Union stated in the application.
  • 135. Section 8: Registration The Registrar, on being satisfied that the Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union. Note: This section is mandatory. The Registrar cannot refuse to register a Trade Union if the application for registration complies with the technical requirement as laid down in this Act.
  • 136. Section 9: Certificate of Registration The Registrar registering a Trade Union under Section 8, shall issue a certificate of registration which shall be conclusive that the Trade Union has been duly registered under this Act.
  • 137. Section 10: Cancellation of Registration A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar: –On the application of the Trade Union –If the Registrar is satisfied that the certificate has been obtained by fraud or mistake
  • 138. Section 12: Registered office All communications and notice to a registered Trade Union may be addressed to its registered office. –Notice of any change in the address of the head office shall be given within fourteen days of such change to the Registrar in writing.
  • 139. Section 13: Incorporation of registered Trade Unions Every registered Trade Union: –shall be a body corporate by the name under which it is registered –shall have perpetual succession and a common seal –power to acquire and hold both movable and immovable property –it can, by the said name sue and be sued.
  • 140. Section 14: Certain Acts not to apply to registered Trade Unions • The Societies Registration Act, 1863. • The Co-operative Societies Act, 1912. • The Companies Act, 1956
  • 141. Rights and liabilities of registered trade unions Criminal conspiracy in trade disputes; • No officers or members of a registered Trade union shall be liable to punishment under sub-section (2)of Section 120-B of the Indian Penal Code, in respect of any agreement made between the members for the purpose of furthering any such objective of the Trade Union.
  • 142. Rights and liabilities of registered trade unions Immunity from civil suit to certain cases • No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any member in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party . • This may be on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital of his labour as he wills.
  • 143. Rights and liabilities of registered trade unions Immunity from civil suit to certain cases • A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil Court in respect of any tortuous act done in contemplation or furtherance of a trade dispute • By an agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to, express instructions given by the executive of the Trade Union.
  • 144. Section 19: Enforceability of agreements An agreement between the members of a registered Trade Union shall not be void merely because of the fact that any of the objects of the agreement is in restraint of trade.
  • 145. Recognition of Trade Unions • Recognition of a trade union is very different from Registration of the union under the Trade Union Act, 1926. • Recognition means management conferring right to the Union 1) to represent its members as the bargaining agent during the various discussions and deliberations made while negotiating terms of employment/conditions of labour; • 2) to enter into agreements [settlements] with the management on behalf of its union-members; and • 3) to air its opinion when general opinion of workmen are sought while formulating managerial policies and decisions.
  • 146. Recognition of Trade Unions • Although there is a fundamental right to form unions under Article 19(1)(c) and a statutory right to get it registered, there is no corresponding legal obliging on the employer /management to recognize any particular trade union, whether registered or not, even if they are truly representative. • Recognition of a Trade Union receives importance when there are multiple trade unions in an establishment. • The managements usually refuse to recognize small or regional trade unions so as to reduce the number of different voices espousing different demands, while negotiating wage settlement or conditions of employment.
  • 147. Recognition of Trade Unions • There is no Central law on granting recognition to trade unions. The Parliament had once passed the Indian Trade Union (Amendment) Act, 1947, but it was never notified or brought into force. • At present, the only provision in this behalf is contained in Section 36 of the Industrial Disputes Act, 1947.
  • 148. Recognition of Trade Unions • The Act states that in any disciplinary proceeding a workman is entitled to be represented by • (a) any member of the executive or other office bearer of a registered trade union of which he is a member, or • (b) any member of the executive or other office bearer of a federation of trade unions to which the trade union is affiliated;
  • 149. Recognition of Trade Unions • The said provision concerns only with representation in industrial disputes and it does not as such provide for recognition of any trade union. • The result of the above is that Recognition of a Trade Union is a matter of volition or discretion on the part of the employer.
  • 150. • The National Commission for Labour headed by Dr. Gajendragadkar, rather laid down a strict guideline for recognition of trade unions. • The commission expressed the view that industrial democracy should be applicable and the majority union should have the right to sole representation; and where more unions than one contend for recognition, the union having a larger following should be recognized.
  • 151. • Few State Legislatures have enacted laws conferring legal right to Trade Unions to claim Recognition of the Employer. • The Bombay Industrial Relations Act, 1946 is a beacon on the subject. • In the said Act, the guidelines laid down by the National Labour Commission are incorporated for recognition of a Trade Union.
  • 152. • Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1972, is the other pertinent legislation on the subject. • In the said act, recognition is afforded to any union which has 6months of standing and membership not less than 30% of the total employees. • The provisions for recognition of trade union in the Maharashtra Act are applicable only to those industries which are outside the scope of the Bombay Act.
  • 153. Protected Workman • A certain percentage of union officials are conferred the right to be “Protected Workmen”. • A “Protected Workmen” cannot be terminated or dismissed without the prior permission of the Government. • This gave the union leaders the right to form unions and fight for the cause of workmen. .

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