The document discusses key aspects of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (MRTU & PULP), 1971 including establishing authorities to regulate industrial relations, recognizing trade unions and their rights and obligations, addressing illegal strikes and lockouts, prohibiting unfair labor practices, and outlining the powers of courts and penalties under the Act. The MRTU & PULP Act sets up authorities like the Labour Commissioner, Conciliation Officer, and Labor Court to promote peaceful dispute resolution. It also recognizes the rights of recognized trade unions to collectively bargain and represent workers along with accompanying obligations. The Act defines and prevents illegal strikes, lockouts and unfair labor practices while empowering courts to

1. MODULE 3: MRTU & PULP, 1971
1. Concept – Industry, Labour Courts, Unfair Labour Practices etc.
Industry:
Industry refers to a group of businesses or organizations engaged in the production, manufacturing, or
provision of goods or services. Industries can be classified into various categories, such as primary,
secondary, and tertiary industries, based on their level of production and the nature of their products or services.
Labour Courts:
Labour Courts are specialized courts established to adjudicate disputes related to labor and employment.
Labour Courts can be established by the government or by law, and they are responsible for resolving disputes
related to employment conditions, wages, benefits, and other matters covered by labor laws. The
proceedings in Labour Courts are conducted in accordance with the principles of natural justice, and the decisions
of Labour Courts are legally binding on the parties involved.
Unfair Labour Practices:
Unfair Labour Practices refer to practices that are considered unjust or discriminatory towards employees and
are prohibited by labor laws. Unfair Labour Practices can include actions such as discrimination,
retaliation, intimidation, coercion, and interference with employee rights. Unfair Labour Practices can be
committed by employers, employees, or labor organizations, and they can lead to labor disputes and legal
penalties.
Unfair Labour Practices are typically addressed through the grievance redressal mechanisms provided by labor laws,
k
e
e
s
s
h
o
r
e
d
a
l
v
i
@
g
m
a
i
l
.
c
o
m

2. such as Labor Courts, Labor Tribunals, or Conciliation Officers. The purpose of these mechanisms is to provide a fair
and impartial forum for the resolution of disputes and to protect the rights of employees.
In summary, Industry refers to a group of businesses engaged in the production or provision of goods or
services, Labor Courts are specialized courts established to adjudicate disputes related to labor and
employment, and Unfair Labour Practices refer to practices that are considered unjust or discriminatory
towards employees and are prohibited by labor laws. The use of Labor Courts and other mechanisms to address
Unfair Labour Practices should be guided by the legal requirements of the country's labor laws and the
principles of fairness and social justice.
2. Authorities within the Act.
The MRTU & PULP, 1971 Act provides for the establishment of various authorities to regulate industrial relations and to
promote peaceful settlement of industrial disputes. The following are the authorities established under the MRTU &
PULP, 1971 Act:
Labour Commissioner: The Labour Commissioner is the chief administrative officer responsible for implementing
and enforcing the provisions of the MRTU & PULP, 1971 Act. The Labour Commissioner is also responsible for
maintaining industrial peace and resolving disputes between employers and employees.
Conciliation Officer: The Conciliation Officer is a government-appointed officer responsible for assisting in the
settlement of disputes between employers and employees through conciliation. The Conciliation Officer facilitates
negotiations between the parties and tries to arrive at a mutually acceptable solution to the dispute.
k
e
e
s
s
h
o
r
e
d
a
l
v
i
@
g
m
a
i
l
.
c
o
m

3. Labour Court: The Labour Court is a specialized court established to adjudicate disputes related to labor and
employment. The Labour Court is empowered to hear and decide disputes related to employment conditions, wages,
benefits, and other matters covered by labor laws.
Industrial Court: The Industrial Court is a higher court established to hear appeals from the decisions of the Labor
Court. The Industrial Court has the power to review and revise the decisions of the Labor Court.
Tribunal: The Tribunal is a specialized forum established to adjudicate disputes related to the recognition of trade
unions, collective bargaining agreements, and other matters related to labor relations.
In summary, the MRTU & PULP, 1971 Act establishes various authorities to regulate industrial relations and
promote peaceful settlement of industrial disputes. These authorities include the Labour Commissioner,
Conciliation Officer, Labor Court, Industrial Court, and Tribunal. These authorities play a crucial role in
maintaining industrial peace and resolving disputes between employers and employees
3. Recognition of Union and its rights with obligations.
Recognition of Union:
Recognition of a trade union is the process by which an employer acknowledges and accepts a trade union as the
representative of its employees. Trade unions are recognized by employers for collective bargaining purposes and
for protecting the rights of employees. The recognition of a trade union provides employees with a platform to
collectively bargain with the employer and to have their voices heard in matters that affect their employment.
k
e
e
s
s
h
o
r
e
d
a
l
v
i
@
g
m
a
i
l
.
c
o
m

4. Rights of Recognized Union:
Once a trade union is recognized by an employer, it is entitled to certain rights, such as:
1. Collective bargaining rights: The recognized trade union has the right to bargain collectively with the employer
on behalf of its members.
2. Right to representation: The recognized trade union has the right to represent its members in matters related to
their employment.
3. Right to information: The recognized trade union has the right to access information related to its members'
employment and the terms and conditions of their employment.
4. Right to hold meetings: The recognized trade union has the right to hold meetings with its members during
working hours, subject to reasonable restrictions.
5. Right to participate in decision-making: The recognized trade union has the right to participate in
decision-making processes that affect the employment of its members.
Obligations of Recognized Union:
Along with rights, the recognized trade union also has certain obligations, such as:
1. Duty of good faith: The recognized trade union has a duty to bargain with the employer in good faith. 2. Duty to
represent all members: The recognized trade union has a duty to represent all its members equally, without any
discrimination.
3. Duty to maintain industrial peace: The recognized trade union has a duty to maintain industrial peace and
k
e
e
s
s
h
o
r
e
d
a
l
v
i
@
g
m
a
i
l
.
c
o
m

5. harmony in the workplace.
4. Duty to follow the law: The recognized trade union has a duty to comply with all the legal requirements related to
trade unions and their activities.
In summary, the recognition of a trade union provides employees with a platform to collectively bargain with
the employer and to have their voices heard in matters that affect their employment. The recognized trade
union is entitled to certain rights, such as collective bargaining rights and the right to representation, and has
certain obligations, such as the duty to bargain in good faith and the duty to maintain industrial peace.
4. Illegal Strikes and Lockouts.
Illegal strikes and lockouts are those that violate the provisions of the law relating to industrial disputes.
They are actions taken by workers or employers without following the legal procedures for declaring a strike or lockout
or in violation of the terms of the collective bargaining agreement or award.
Illegal Strikes:
An illegal strike is a strike that is initiated or carried out in violation of the law.
The MRTU & PULP, 1971 Act sets out the procedures that must be followed before a strike can be declared legal.
If workers go on strike without following these procedures, it is considered an illegal strike.
The consequences of an illegal strike may include disciplinary action against the workers, including termination of
employment, and forfeiture of wages.
k
e
e
s
s
h
o
r
e
d
a
l
v
i
@
g
m
a
i
l
.
c
o
m

6. Illegal Lockouts:
An illegal lockout is a lockout that is initiated or carried out in violation of the law. A lockout is considered illegal if
it is declared without following the legal procedures or in violation of the terms of the collective bargaining agreement
or award. The consequences of an illegal lockout may include disciplinary action against the employer,
including the payment of compensation to the workers for the loss of wages and other benefits.
Preventive Measures:
To prevent illegal strikes and lockouts, the MRTU & PULP, 1971 Act provides for the following measures:
1. Notice of Strike or Lockout: Before declaring a strike or lockout, the parties must give a notice to the appropriate
authorities. Failure to give such notice may result in the strike or lockout being declared illegal.
2. Prohibition of Retaliation: The Act prohibits employers from retaliating against workers who participate in a
legal strike. Similarly, workers are prohibited from engaging in any violent or coercive activities during a strike.
3. Grievance Redressal Mechanism: The Act provides for a grievance redressal mechanism through the
Conciliation Officer, Labour Court, or Tribunal, which can help resolve disputes between the parties without the need
for a strike or lockout.
In summary, illegal strikes and lockouts are actions taken by workers or employers without following the legal
procedures for declaring a strike or lockout or in violation of the terms of the collective bargaining agreement or
award. The MRTU & PULP, 1971 Act provides for preventive measures such as notice of strike or lockout,
prohibition of retaliation, and grievance redressal mechanism to prevent illegal strikes and lockouts and
promote peaceful settlement of industrial disputes.
k
e
e
s
s
h
o
r
e
d
a
l
v
i
@
g
m
a
i
l
.
c
o
m

7. 5. Unfair Labour Practices.
Unfair labor practices (ULPs) are those practices by an employer or a trade union that are considered discriminatory,
coercive, or otherwise unfair to workers or to the interests of collective bargaining.
The MRTU & PULP, 1971 Act identifies certain unfair labor practices that are prohibited and provides remedies for
employees who have been affected by such practices.
The following are the types of unfair labor practices recognized under the MRTU & PULP, 1971 Act:
1. Unfair labor practices by employers:
a. Interference with the formation and functioning of a trade union.
b. Discrimination against workers for their membership in a trade union.
c. Refusal to bargain collectively with a trade union.
d. Discharge or dismissal of workers for participating in lawful trade union activities.
e. Coercion or intimidation of workers to discourage them from joining or supporting a trade union.
2. Unfair labor practices by trade unions:
a. Coercion or intimidation of workers to join or refrain from joining a trade union.
b. Interference with the functioning of a rival trade union.
c. Adoption of unfair membership criteria, such as discriminating on the basis of caste, creed, sex, or religion.
k
e
e
s
s
h
o
r
e
d
a
l
v
i
@
g
m
a
i
l
.
c
o
m

8. d. Exclusion of workers from benefits or opportunities on the grounds of their membership in a rival trade union.
3. Remedies: The MRTU & PULP, 1971 Act provides for remedies for employees who have been affected by
unfair labor practices. These remedies include:
1. Complaint to the Labour Commissioner: An affected worker can file a complaint with the Labour Commissioner
for redressal of the unfair labor practice.
2. Reference to the Labour Court or Industrial Tribunal: If the complaint is not resolved by the Labour
Commissioner, it can be referred to the Labour Court or Industrial Tribunal for adjudication.
3. Compensation or Reinstatement: The affected worker may be entitled to compensation or reinstatement if the
unfair labor practice is proved.
In summary, unfair labor practices are practices by an employer or a trade union that are considered
discriminatory, coercive, or otherwise unfair to workers or to the interests of collective bargaining. The MRTU
& PULP, 1971 Act identifies certain unfair labor practices that are prohibited and provides remedies for
employees who have been affected by such practices. These remedies include complaint to the Labour
Commissioner, reference to the Labour Court or Industrial Tribunal, and compensation or reinstatement.
6. Power of Courts and Penalties.
Under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (MRTU & PULP),
1971, there are various provisions related to the power of courts and penalties for violating the provisions
of the Act.
Power of Courts:
k
e
e
s
s
h
o
r
e
d
a
l
v
i
@
g
m
a
i
l
.
c
o
m

9. The MRTU & PULP Act provides for the establishment of the Labor Court and Industrial Tribunal to adjudicate disputes
between employers and workers. These courts have the power to decide on matters such as recognition of trade
unions, unfair labor practices, and disputes related to the implementation of a collective bargaining agreement.
The Labor Court and Industrial Tribunal have the power to order reinstatement of workers who have been
dismissed unfairly, payment of compensation, and other forms of relief. The decisions of these courts can be appealed in
the higher courts, such as the High Court or the Supreme Court.
Penalties:
The MRTU & PULP Act provides for penalties for employers or trade unions who violate the provisions of the Act.
The following are some of the penalties under the Act:
1. Fine: Any employer or trade union found guilty of an unfair labor practice can be fined up to Rs. 5,000.
2. Imprisonment: In some cases, the Act provides for imprisonment of up to six months for violations such as refusal
to implement a collective bargaining agreement or wrongful dismissal of a worker.
3. Cancellation of Registration: The registration of a trade union can be canceled if it is found to be indulging in
unfair labor practices.
4. Compensation: The Labor Court or Industrial Tribunal can order the payment of compensation to workers
who have suffered loss or damage due to the unfair labor practices of their employer or trade union.
In summary, the MRTU & PULP Act empowers the Labor Court and Industrial Tribunal to adjudicate disputes
between employers and workers and provides for penalties for those who violate the provisions of the Act.
These penalties include fines, imprisonment, cancellation of registration, and compensation to affected workers.
k
e
e
s
s
h
o
r
e
d
a
l
v
i
@
g
m
a
i
l
.
c
o
m