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LABOUR AND INDUSTRIAL LAW
SEMESTER LL.B. IV
Long questions-section (a)
q-1) Evolution of indian labour legislation in india?
Evolution of Indian Labour Legislations
Introduction:
The Indian Labour Legislations owe its existence to the British Raj. Most of the
labour legislations were enacted prior to India’s independence. The post
independence enactment of important legislations in the areas of employee security
and welfare derive their origin partly from the vision of independent India’s
leaders and partly from the provisions in the Indian Constitution and international
conventions like the International Labour Organization (ILO). The labour
legislations were also enacted keeping in mind the international standards on
Human Rights and United Nations Protocols.
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.
After independence legislations related to worker welfare like Provident Fund Act,
Employee State Insurance Act, Payment of Bonus Act and Payment of Gratuity
Act were enacted with the intention of providing security and retirement benefits to
workmen.
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 is allowed to work between
7pm and 6am. Such amendments have been done after industry associations like
NASSCOM and ASSOCHAM recommendations to the labour ministry. Now BPO
and IT sector which employs a large women workforce during its nightshifts
benefits tremendously from this amendment to the Factory Act.
q-2) Scope aim and object of the id act 1947?
This Act is meant for settling disputes, if any, between workers and the
industrialists or factory owners. It is the principal central legislation for settlement
of industrial disputes.
In addition, the Code of Discipline (1958) and the Industrial Truce Resolution
(1962) also help in the promotion and maintenance of good industrial relations.
ADVERTISEMENTS:
Aims and Objects:
The Industrial Disputes Act was enacted with the purpose of providing a
permanent machinery for the settlement of industrial disputes which had become a
common feature due to industrial unrest in the wake of post-war problems arising
out of constant strife between employers and employees.
The results were industrial unrest and fall in production. An attempt was made to
achieve the objective (i) by improving the service conditions of industrial labour so
as to provide for them the ordinary amenities of life and (ii) by that process to
bring about industrial peace which would in turn increase the pace of productive
activities in the country and result in prosperity.
It is a self-contained Act which provides for suitable machinery for deciding the
disputes that arise between employer and employees.
ADVERTISEMENTS:
The emphasis is laid by the Act for compulsory education of industrial disputes in
the general social interest in order to achieve the goal of socialistic society.
The purpose and aim of the Acts is to minimise the conflict between labour and
management and to ensure, as far as possible economic and social justice.
The Act has made provision for settlement of disputes and prevention of disputes
in certain industries.
In nutshell the principal objects of the Act are:
ADVERTISEMENTS:
(1) The promotion of measures for securing amity and good relations between the
employer and workmen;
(2) An investigation and settlement of industrial disputes between employers and
employees, employers and workmen and between workman and workmen, with a
right of representation by a registered Trade Union or
Federation, of Trade Unions or association of employees or a federation or
association of employers;
(3) The prevention of illegal strikes and lockouts; and
(4) Relief to workers in the matters of layoff and retrenchment.
Some important features of the Act are given hereunder:
What is Industrial Dispute?
The industrial dispute refers to any dispute or difference that may take place out of
employment or non-employment of a person including terms and conditions for
employment and labour.
An industrial dispute could arise between employees and employers or between
employers and workmen or between workmen and workmen.
Scope:
The Act provides for settlement of disputes or differences relating mainly to the
issues mentioned hereunder:
1. The legality of any order passed by the employer.
2. Discharge or dismissal of workmen.
3. Withdrawal of customary concessions and privileges.
4. Terms of strikes or lockouts.
5. Wages including period and mode of payment.
6. Allowances.
7. Working hours and rests, leave with wages.
8. Bonus, provident fund and gratuity.
9. Shifting.
10. Grading and classifications.
11. Disciplines.
12. Rationalization, retrenchment and closure of establishment.
q-3) What are the Authorities under the id act 1947?
1. Works Committee:
A works committee shall be constituted by the employer of an industrial
establishment where one hundred or more workmen are employed. It shall consist
of equal number of representatives of workmen and the employer.
It shall be duty of the Works Committee to promote measures for securing and
preserving amity and good relations between the employer and the workmen.
2. Conciliation Officers:
The appropriate Government shall appoint conciliation officers for specified areas
or industries who shall be charged with the duty of mediating in and promoting the
settlement of industrial disputes.
3. Boards of Conciliation:
On occasions, the appropriate Government shall constitute a Board of conciliation.
It shall consist of a chairman.
It shall also consist of two or four members in equal representation of the
concerned parties on their respective recommendation.
The Board shall endeavour to bring about a settlement of the dispute by inducing
the parties to come to a fair and amicable settlement of the dispute.
It shall then send its report to the appropriate Government within two months of
the reference of the dispute. The period of its proceeding may be extended.
4. Courts of Inquiry:
On occasions, the appropriate Government shall constitute a Court of Inquiry for
inquiring into any matter appearing to be connected with or relevant to an
industrial dispute.
This court may consist of one or more independent persons, one of whom shall be
the chairman.
It shall send its report to the appropriate Government ordinarily within a period of
six months from the commencement of its inquiry.
4. Labour Courts:
For the adjudication of industrial disputes relating to some specific issues and for
performing some other relevant functions, the appropriate Government may
constitute one or more Labour courts which shall consist of only one member to be
appointed as its presiding officer.
The presiding officer of a labour court is required to be a person having perfect
knowledge of Indian jurisprudence.
5. Tribunals:
For adjudication of certain industrial disputes, the appropriate Government may
constitute one or more Industrial Tribunals consisting of only one member who
shall be its presiding officer.
The presiding officer is required to be a person having perfect knowledge in the
field of judiciary. It may also appoint two persons as assessors to advise the
tribunal in the proceedings.
6. National Tribunals:
For the adjudication of industrial disputes involving questions of national
importance or having likelihood of interest of more than one state as per the
situation of the respective industrial establishment, the Central Government may
constitute one or more National Industrial Tribunals, which shall consist of only
one member to be appointed as its presiding officer.
The presiding officer is required to be a person of perfect knowledge of judiciary.
The Central Government may also appoint two persons as assessors to advise the
National Tribunal.
The Labour courts, Tribunals and the National Tribunals shall, on reference of any
industrial dispute to be inquired into, hold its proceedings expeditiously and submit
its award to the appropriate Government.
The award shall be published in the manner as deemed fit by the appropriate
Government and it shall be final and shall not be called in question by any court in
any manner.
q-4) What are the rights and liabilities of trade union?
3. Criminal Conspiracy in Trade Disputes:
Under this act, no office-bearer or member of a registered trade union shall be
liable to punishment under sub-section (2) of Section 120 B of the Indian Penal
Code, 1860 in respect of any agreement made between the members for the
purpose of furthering any such object of the trade union as is specified in section
its unless the agreement is an agreement to commit an offence.
4. Immunity from Civil Suit in Certain Cases
No suit or other legal proceeding shall be maintainable in any civil court against
any registered trade union or any office bearer or member thereof 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 on the ground only that such act induces some other
person to break a contract of employment, or that 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 or of his labour as he wills.
A registered trade union shall not be liable in any suit or other legal proceeding in
any civil court in respect of any fortuitous 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 unions.
5. Enforceability of Agreements:
Notwithstanding anything contained in any other law for the time being in force,
an agreement between the members of a registered trade union shall not be void or
voidable merely by reason of the fact that any to the subjects of the agreement are
in restraint of the trade.
6. Right to Inspect Books of Trade Unions:
The account books of a registered trade union and the list of members thereof shall
be open to inspection by an office-bearer or member of the trade union at such
times as may be provided for in the rules of the trade union.
7. Right of Minors to Membership of Trade Unions:
Any person who has attained the age of 18 years may be a member of a registered
trade union subject to any rules of the trade union to the contrary, and may subject
as aforesaid, enjoy all the rights of a member and execute all instruments and give
all acquittances necessary to be executed or given under the rules.
8. Effects of Change of Name and of Amalgamation:
The change in the name of a registered trade union shall not affect any rights or
obligations of the trade union or render defective any legal proceeding by or
against the trade union. An amalgamation of 2 or more registered trade unions
shall not prejudice any right of any of such trade unions or any right of a creditor
of any of them.
q-5) Purpose salary statics and summary of the payment of wages act
1936?and authorities concern?
Purpose of the Act
The main objective of the Act is to avoid unnecessary delay in the payment of
wages and to prevent unauthorized deductions from the wages. Every person
employed in any factory, upon any railway or through sub-contractor in a railway
and a person employed in an industrial or other establishment.The State
Government may by notification extend the provisions to any class of persons
employed in any establishment or class of establishment. The benefit of the Act
prescribes for the regular and timely payment of wages (on or before 7th day or
10th day of after wage period is greater than 1000 workers) and Preventing
unauthorized deductions being made from wages and arbitrary fines.
Salary statics
Wages are averaging less than Rs. 6500.00 per month only are covered or
protected by the Act by the amendment in 2005 by {Section 1(6)}.Wages means
contractual wages and not overtime wages. They are not to be taken into account
for deciding the applicability of the Act in the context of section 1(6) of the Act.
Wages must be paid in current coin or currency notes or in both and not in kind. It
is, however, permissible for an employer to pay wages by cheque of by crediting
them in the bank account if so authorized in writing by an employed person.
Summary of the provisions of the Act
The provisions of the Act regarding the imposition of fines on the employed person
are as follows such as, The employer must exhibit on his premises a list of acts or
omissions for which fines can be imposed, Before imposing a fine on an employed
person he must be given an opportunity of showing cause against the fine, The
amount of fine must not exceed 3 percent of the wages, A fine cannot be imposed
on an employed person who is under the age of 15 years, A fine cannot be
recovered by installments or after 90 days from the day of the act or omission for
which it is imposed, The moneys realized from fines must be applied to purposes
beneficial to employed persons.
Subsection 8(3), 10(1-A) & Rule 15} deals with Any person desiring to impose a
fine on an employed person or to make a deduction for damage or loss shall
explain personally or in writing to the said person the act or omission, or damage
or loss in respect of which the fine or deduction is proposed to be imposed, and the
amount of fine or deduction, which it is proposed to impose, and shall hear his
explanation in the presence of at least one other person, or obtain it in writing.
The procedure and Competent authority which deals with employment matters
The procedure to employ a person has to follow for claiming deducted or delayed
wages.If contrary to the provisions of the Act any deduction has been made from
the wages of an employed person or any payment of wages has been delayed, he
has to make an application for claiming the same to the Authority appointed under
the Act.Such application can be made by the employed person himself or a legal
practitioner or an official of a registered trade union.Such application has to be
made within a period of 12 months from the date on which the date on which the
deduction from the wages was made or from the date on which the payment of the
wages was due to be made.
There is a competent Authority to entertain and decide an application for payment
of subsistence allowance. The subsistence allowance payable to an employee
placed under suspension pending Departmental Enquiry is covered within the
definition of wages given under Section 2(6) of the Act and, therefore, the
Authority is competent to entertain and decide an application for payment of
subsistence allowance.
The Authority under the Payment of Wages Act is a Court of summary jurisdiction
having powers to deal with the simple matter of delay in payment of wages or
deduction from wages. It is not within the competence of the Authority to decide
the question of the status of an employed person. The matter is a complicated
question of law as also of fact. There is an agreement between an employer and his
employees authorizing the deduction of union subscription from the salaries of the
employer null and void under Section 23 of the Act, Such agreement being
beneficial and advantageous to the employees is not null and void under Section 23
of the Act.
Employer's duty
Employer's required to display the abstracts of the Act in his factory or
establishment. Every employer must display in his factory or establishment a
notice containing the abstracts of the Act and the rules made thereunder in English
and also in the language understood by the majority or the persons.
q-6) Maternity belief act’s provision with recent amendments?
BACKGROUND
With the object of providing maternity leave and benefit to women employee the
Maternity Benefit Bill was passed by both the Houses of Parliament and
subsequently it received the assent of President on 12th December, 1961 to become
an Act under short title and numbers "THE MATERNITY BENEFIT ACT, 1961
(53 OF 1961)". This was an act to regulate the employment of women in certain
establishments for certain period before and after child-birth and to provide for
maternity benefit and certain other benefits.
The object of maternity leave and benefit is to protect the dignity of motherhood
by providing for the full and healthy maintenance of women and her child when
she is not working. With the advent of modern age, as the number of women
employees is growing, the maternity leave and other maternity benefits are
becoming increasingly common. But there was no beneficial piece of legislation in
the horizon which is intended to achieve the object of doing social justice to
women workers employed in factories, mines and plantation.
APPLICABILITY OF THE ACT
The law applies-
(a) to factory, mine or plantation including such establishments belonging to the
government or an establishment requiring physical labor, skills or performances.
(b) shops or establishments where more than 10 people are employed or were
employed on any day in the preceding twelve months. The state government, with
the approval of the central government, after giving a notice of at least two months
decides that the provisions of the act may apply to any other establishment.
MATERNITY BENEFIT GRANTED BY ACT
The law is fundamentally present to safeguard the interests of a mother,
immediately before and after child birth. In case of infringement of those interests
the law also provides the remedies for the employee adversely affected.
The law provides:
1. No woman will be asked to work in an employment for six weeks immediately
preceding her delivery or miscarriage.
2. Every woman will be entitled to the maternity benefits in terms of wages as
prescribed in the act.
3. A woman shall only be entitled to the maternity benefits under this act only if
she has worked for the employer for a period of not less than one hundred and
sixty days in the twelve months immediately preceding the date of her expected
delivery.
4. The maximum number of leaves that a woman is entitled to under the act is 26
weeks.
5. A woman will not be allowed to do such work that can harm her or her child's
health during pregnancy.
6. The law provides same benefits to women who have a miscarriage or tubectomy.
7. A woman suffering from illness arising out of pregnancy, delivery, premature
birth of child (Miscarriage, medical termination of pregnancy or tubectomy
operation) be entitled, in addition to the period of absence allowed to her leave
with wages at the rate of maternity benefit for a maximum period of one month.
8. Exception:
An insured woman may be disqualified from receiving maternity benefit if she
fails without good cause to attend for or to submit herself to medical examination
when so required. She may, however, refuse to be examined by if the doctor or mid
wife is not female. If an insured woman is disqualified as above, the
disqualification is to be for such number of days as may be decided by the
authority authorised by the Corporation, which is the appropriate Regional Office.
Section (b)
Sort questions:
q-7) Notes on strike,lock-out,and retrenchment?
Strike [Sec. 2 (q)]: Strike means "a cessation of work by a body of persons
employed in any industry acting in combination or a concerted refusal under a
common understanding of any number of persons who are or have been so
employed, to continue to work or to accept employment". Mere stoppage of work
does not come within the meaning of strike unless it can be shown that such
stoppage of work was a concerted action for the enforcement of an industrial
demand.
Lockout [Sec. 2(1)]: Lockout means "the temporary closing of a place of
employment, or the suspension of work, or the refusal by an employer to continue
to employ any number of persons employed by him". Lockout is the antithesis of
strike.
1. It is a weapon of the employer while strike is that of the workers.
2. Just as a strike is a weapon in the hands of the workers for enforcing their
industrial demands, lockout is a weapon available to the employer to force
the employees to see his points of view and to accept his demands.
3. The Industrial Dispute Act does not intend to take away these rights.
4. However, the rights of strikes and lockouts have been restricted to achieve
the purpose of the Act, namely peaceful investigation and settlement of the
industrial disputes.
5. Definition of retrenchment of employee
[Section 2(oo)]
"retrenchments" means the 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-
6. (a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age of superannuation if the
contract of employment between the employer and the workman concerned
contains a stipulation in that behalf; or
43[(bb) termination of the service of the workman as a result of the non-
renewal of the contract of employment between the employer and the
workman concerned on its expiry or of such contract being terminated under
a stipulation on that behalf contained therein; or]
(c) termination of the service of a workman on the ground of continued ill-
health;]
q-8) Comment on Registration of trade union?
Chapter II of the Trade Unions Act, 1926 deals with the provisions of the
registration of trade unions. According to section 2 (h) of the Act, “Trade Union”
means any combination, whether temporary or permanent, formed primarily for the
purpose of regulating the relations between workmen and employers or between
workmen and workmen, or between employers and employers, or for imposing
restrictive conditions on the conduct of any trade or business, and includes any
federation of two or more Trade Unions. Thus, the present article shall deal with
the most important aspect of trade union, and that is the registration of trade
unions.
Appointment of Registrars
According to section 3 of the Act, the appropriate government shall appoint a
person to be the Registrar of Trade Unions for each state, and the appropriate
government shall also appoint as many additional registrars as it may deem fit to
carry out the purposes of the Act.
Mode of Registration
According to section 4 of the Act, any seven or more members of a Trade Union in
accordance with the provisions of the Act may make an application apply for
registration of the trade union. There are two conditions subsequent to the same,
firstly no trade union of workmen shall be registered unless at least 10% or 100 of
the workmen, whichever is less engaged in the employment of the establishment
are its members on the date of making of its application and secondly no trade
union shall be registered unless on the date of making of application, minimum
seven of its members who are workmen are employed in the establishment or
industry.
Also, such application shall not be deemed to be invalid merely on the ground that
at any time after the date of the application, but before the registration of the trade
union some of the members but not exceeding half of the total number of persons
who made the application has ceased to be members.
Application for registration
According to section 5 of the Act, every application for the registration of the trade
union shall be made to the Registrar and shall be accompanied by a copy of the
rules of the Trade Union and a statement of the following particulars namely-
1. The names, occupations and addresses of the members making the
application;
2. The name of the trade union and the address of its head office, and
3. The titles, names, ages, addresses and occupations of the office- bearers
of the trade union.
Where a trade union has been into existence for more than a year, then a copy of
the assets and liabilities shall also be submitted along with the application for
registration.
q-9) What is lay-off under id act 1947?
“Lay-off” (with its grammatical variations and cognate expressions) means the
failure, refusal or inability of an employer on account of shortage of coal, power or
raw materialsor the accumulation of stocks or the breakdown of machinery [or
natural calamity or for any other connected reason] to give employment to a
workman whose name is borne on the musterrolls of his industrial establishment
and who has not been retrenched.
Definition of Retrenchment (Section 2(oo))-
“Retrenchment” means the 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 doesn't include-
(a) Voluntary retirement of the workman; or
(b) Retirement of the workman on reaching the age of superannuation if the
contract of employment between the employer and the workman concerned
contains a stipulation in that behalf; or [(bb) termination of the service of the
workman as a result of the on-renewal of the contract of employment between the
employer and the workman concerned on its expiry or of such contract being
terminated under a stipulation in that behalf contained therein; or]
(c) Termination of the service of a workman on the ground of continued ill-health;]
Section (c)
q-10) What is collective bargaining?
Collective bargaining is a process of discussion and negotiation between an
employer and a trade union culminating in a written agreement and the adjustment
of problems arising under the agreement. The Supreme Court of India has defined
the process of collective bargaining as a technique by which, dispute as to
conditions of employment is resolved amicably by agreement rather than coercion.
Workers, who are generally represented by a trade union, use this medium to
express their grievance about various issues such as wages and working
conditions.
q-11) Who is a workman?
2(s) "workman" means any person (including an apprentice employed in any
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 purposes of any proceeding under this Act in
relation to an industrial dispute, includes any such person who has been
dismissed, discharged or retrenched in connection with, or as a consequence
of, that dispute, or whose dismissal, discharge or retrenchment has led to that
dispute, but does not include any such person-
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the
Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other
employee of a prison; or
(iii) who is employed mainly in a managerial or administrative
capacity; or
(iv) who, being employed in a supervisory capacity, draws wages
exceeding one thousand six hundred rupees per mensem or exercises,
either by the nature of the duties attached to the office or by reason of
the powers vested in him, function mainly of a managerial nature.]
q-12) Term an industrial dispute means ?
According to Section 2 (k) of the Industrial Disputes Act, 1947, the term ‘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
and conditions of employment of any person”.

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LLB LAW NOTES ON LABOUR LAW AND INDUSTRIAL LAW

  • 1. LABOUR AND INDUSTRIAL LAW SEMESTER LL.B. IV Long questions-section (a) q-1) Evolution of indian labour legislation in india? Evolution of Indian Labour Legislations Introduction: The Indian Labour Legislations owe its existence to the British Raj. Most of the labour legislations were enacted prior to India’s independence. The post independence enactment of important legislations in the areas of employee security and welfare derive their origin partly from the vision of independent India’s leaders and partly from the provisions in the Indian Constitution and international conventions like the International Labour Organization (ILO). The labour legislations were also enacted keeping in mind the international standards on Human Rights and United Nations Protocols. 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. After independence legislations related to worker welfare like Provident Fund Act, Employee State Insurance Act, Payment of Bonus Act and Payment of Gratuity Act were enacted with the intention of providing security and retirement benefits to workmen. 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 is allowed to work between 7pm and 6am. Such amendments have been done after industry associations like NASSCOM and ASSOCHAM recommendations to the labour ministry. Now BPO and IT sector which employs a large women workforce during its nightshifts benefits tremendously from this amendment to the Factory Act. q-2) Scope aim and object of the id act 1947?
  • 2. This Act is meant for settling disputes, if any, between workers and the industrialists or factory owners. It is the principal central legislation for settlement of industrial disputes. In addition, the Code of Discipline (1958) and the Industrial Truce Resolution (1962) also help in the promotion and maintenance of good industrial relations. ADVERTISEMENTS: Aims and Objects: The Industrial Disputes Act was enacted with the purpose of providing a permanent machinery for the settlement of industrial disputes which had become a common feature due to industrial unrest in the wake of post-war problems arising out of constant strife between employers and employees. The results were industrial unrest and fall in production. An attempt was made to achieve the objective (i) by improving the service conditions of industrial labour so as to provide for them the ordinary amenities of life and (ii) by that process to bring about industrial peace which would in turn increase the pace of productive activities in the country and result in prosperity. It is a self-contained Act which provides for suitable machinery for deciding the disputes that arise between employer and employees. ADVERTISEMENTS: The emphasis is laid by the Act for compulsory education of industrial disputes in the general social interest in order to achieve the goal of socialistic society. The purpose and aim of the Acts is to minimise the conflict between labour and management and to ensure, as far as possible economic and social justice. The Act has made provision for settlement of disputes and prevention of disputes in certain industries. In nutshell the principal objects of the Act are: ADVERTISEMENTS:
  • 3. (1) The promotion of measures for securing amity and good relations between the employer and workmen; (2) An investigation and settlement of industrial disputes between employers and employees, employers and workmen and between workman and workmen, with a right of representation by a registered Trade Union or Federation, of Trade Unions or association of employees or a federation or association of employers; (3) The prevention of illegal strikes and lockouts; and (4) Relief to workers in the matters of layoff and retrenchment. Some important features of the Act are given hereunder: What is Industrial Dispute? The industrial dispute refers to any dispute or difference that may take place out of employment or non-employment of a person including terms and conditions for employment and labour. An industrial dispute could arise between employees and employers or between employers and workmen or between workmen and workmen. Scope: The Act provides for settlement of disputes or differences relating mainly to the issues mentioned hereunder: 1. The legality of any order passed by the employer. 2. Discharge or dismissal of workmen. 3. Withdrawal of customary concessions and privileges. 4. Terms of strikes or lockouts. 5. Wages including period and mode of payment. 6. Allowances.
  • 4. 7. Working hours and rests, leave with wages. 8. Bonus, provident fund and gratuity. 9. Shifting. 10. Grading and classifications. 11. Disciplines. 12. Rationalization, retrenchment and closure of establishment. q-3) What are the Authorities under the id act 1947? 1. Works Committee: A works committee shall be constituted by the employer of an industrial establishment where one hundred or more workmen are employed. It shall consist of equal number of representatives of workmen and the employer. It shall be duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and the workmen. 2. Conciliation Officers: The appropriate Government shall appoint conciliation officers for specified areas or industries who shall be charged with the duty of mediating in and promoting the settlement of industrial disputes. 3. Boards of Conciliation: On occasions, the appropriate Government shall constitute a Board of conciliation. It shall consist of a chairman. It shall also consist of two or four members in equal representation of the concerned parties on their respective recommendation. The Board shall endeavour to bring about a settlement of the dispute by inducing the parties to come to a fair and amicable settlement of the dispute.
  • 5. It shall then send its report to the appropriate Government within two months of the reference of the dispute. The period of its proceeding may be extended. 4. Courts of Inquiry: On occasions, the appropriate Government shall constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute. This court may consist of one or more independent persons, one of whom shall be the chairman. It shall send its report to the appropriate Government ordinarily within a period of six months from the commencement of its inquiry. 4. Labour Courts: For the adjudication of industrial disputes relating to some specific issues and for performing some other relevant functions, the appropriate Government may constitute one or more Labour courts which shall consist of only one member to be appointed as its presiding officer. The presiding officer of a labour court is required to be a person having perfect knowledge of Indian jurisprudence. 5. Tribunals: For adjudication of certain industrial disputes, the appropriate Government may constitute one or more Industrial Tribunals consisting of only one member who shall be its presiding officer. The presiding officer is required to be a person having perfect knowledge in the field of judiciary. It may also appoint two persons as assessors to advise the tribunal in the proceedings. 6. National Tribunals: For the adjudication of industrial disputes involving questions of national importance or having likelihood of interest of more than one state as per the situation of the respective industrial establishment, the Central Government may
  • 6. constitute one or more National Industrial Tribunals, which shall consist of only one member to be appointed as its presiding officer. The presiding officer is required to be a person of perfect knowledge of judiciary. The Central Government may also appoint two persons as assessors to advise the National Tribunal. The Labour courts, Tribunals and the National Tribunals shall, on reference of any industrial dispute to be inquired into, hold its proceedings expeditiously and submit its award to the appropriate Government. The award shall be published in the manner as deemed fit by the appropriate Government and it shall be final and shall not be called in question by any court in any manner. q-4) What are the rights and liabilities of trade union? 3. Criminal Conspiracy in Trade Disputes: Under this act, no office-bearer or member of a registered trade union shall be liable to punishment under sub-section (2) of Section 120 B of the Indian Penal Code, 1860 in respect of any agreement made between the members for the purpose of furthering any such object of the trade union as is specified in section its unless the agreement is an agreement to commit an offence. 4. Immunity from Civil Suit in Certain Cases No suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any office bearer or member thereof 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 on the ground only that such act induces some other person to break a contract of employment, or that 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 or of his labour as he wills. A registered trade union shall not be liable in any suit or other legal proceeding in any civil court in respect of any fortuitous act done in contemplation or furtherance
  • 7. 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 unions. 5. Enforceability of Agreements: Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered trade union shall not be void or voidable merely by reason of the fact that any to the subjects of the agreement are in restraint of the trade. 6. Right to Inspect Books of Trade Unions: The account books of a registered trade union and the list of members thereof shall be open to inspection by an office-bearer or member of the trade union at such times as may be provided for in the rules of the trade union. 7. Right of Minors to Membership of Trade Unions: Any person who has attained the age of 18 years may be a member of a registered trade union subject to any rules of the trade union to the contrary, and may subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules. 8. Effects of Change of Name and of Amalgamation: The change in the name of a registered trade union shall not affect any rights or obligations of the trade union or render defective any legal proceeding by or against the trade union. An amalgamation of 2 or more registered trade unions shall not prejudice any right of any of such trade unions or any right of a creditor of any of them. q-5) Purpose salary statics and summary of the payment of wages act 1936?and authorities concern?
  • 8. Purpose of the Act The main objective of the Act is to avoid unnecessary delay in the payment of wages and to prevent unauthorized deductions from the wages. Every person employed in any factory, upon any railway or through sub-contractor in a railway and a person employed in an industrial or other establishment.The State Government may by notification extend the provisions to any class of persons employed in any establishment or class of establishment. The benefit of the Act prescribes for the regular and timely payment of wages (on or before 7th day or 10th day of after wage period is greater than 1000 workers) and Preventing unauthorized deductions being made from wages and arbitrary fines. Salary statics Wages are averaging less than Rs. 6500.00 per month only are covered or protected by the Act by the amendment in 2005 by {Section 1(6)}.Wages means contractual wages and not overtime wages. They are not to be taken into account for deciding the applicability of the Act in the context of section 1(6) of the Act. Wages must be paid in current coin or currency notes or in both and not in kind. It is, however, permissible for an employer to pay wages by cheque of by crediting them in the bank account if so authorized in writing by an employed person. Summary of the provisions of the Act The provisions of the Act regarding the imposition of fines on the employed person are as follows such as, The employer must exhibit on his premises a list of acts or omissions for which fines can be imposed, Before imposing a fine on an employed person he must be given an opportunity of showing cause against the fine, The amount of fine must not exceed 3 percent of the wages, A fine cannot be imposed on an employed person who is under the age of 15 years, A fine cannot be recovered by installments or after 90 days from the day of the act or omission for which it is imposed, The moneys realized from fines must be applied to purposes beneficial to employed persons. Subsection 8(3), 10(1-A) & Rule 15} deals with Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss shall explain personally or in writing to the said person the act or omission, or damage or loss in respect of which the fine or deduction is proposed to be imposed, and the amount of fine or deduction, which it is proposed to impose, and shall hear his explanation in the presence of at least one other person, or obtain it in writing. The procedure and Competent authority which deals with employment matters The procedure to employ a person has to follow for claiming deducted or delayed wages.If contrary to the provisions of the Act any deduction has been made from
  • 9. the wages of an employed person or any payment of wages has been delayed, he has to make an application for claiming the same to the Authority appointed under the Act.Such application can be made by the employed person himself or a legal practitioner or an official of a registered trade union.Such application has to be made within a period of 12 months from the date on which the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made. There is a competent Authority to entertain and decide an application for payment of subsistence allowance. The subsistence allowance payable to an employee placed under suspension pending Departmental Enquiry is covered within the definition of wages given under Section 2(6) of the Act and, therefore, the Authority is competent to entertain and decide an application for payment of subsistence allowance. The Authority under the Payment of Wages Act is a Court of summary jurisdiction having powers to deal with the simple matter of delay in payment of wages or deduction from wages. It is not within the competence of the Authority to decide the question of the status of an employed person. The matter is a complicated question of law as also of fact. There is an agreement between an employer and his employees authorizing the deduction of union subscription from the salaries of the employer null and void under Section 23 of the Act, Such agreement being beneficial and advantageous to the employees is not null and void under Section 23 of the Act. Employer's duty Employer's required to display the abstracts of the Act in his factory or establishment. Every employer must display in his factory or establishment a notice containing the abstracts of the Act and the rules made thereunder in English and also in the language understood by the majority or the persons. q-6) Maternity belief act’s provision with recent amendments? BACKGROUND With the object of providing maternity leave and benefit to women employee the Maternity Benefit Bill was passed by both the Houses of Parliament and subsequently it received the assent of President on 12th December, 1961 to become an Act under short title and numbers "THE MATERNITY BENEFIT ACT, 1961 (53 OF 1961)". This was an act to regulate the employment of women in certain establishments for certain period before and after child-birth and to provide for maternity benefit and certain other benefits.
  • 10. The object of maternity leave and benefit is to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working. With the advent of modern age, as the number of women employees is growing, the maternity leave and other maternity benefits are becoming increasingly common. But there was no beneficial piece of legislation in the horizon which is intended to achieve the object of doing social justice to women workers employed in factories, mines and plantation. APPLICABILITY OF THE ACT The law applies- (a) to factory, mine or plantation including such establishments belonging to the government or an establishment requiring physical labor, skills or performances. (b) shops or establishments where more than 10 people are employed or were employed on any day in the preceding twelve months. The state government, with the approval of the central government, after giving a notice of at least two months decides that the provisions of the act may apply to any other establishment. MATERNITY BENEFIT GRANTED BY ACT The law is fundamentally present to safeguard the interests of a mother, immediately before and after child birth. In case of infringement of those interests the law also provides the remedies for the employee adversely affected. The law provides: 1. No woman will be asked to work in an employment for six weeks immediately preceding her delivery or miscarriage. 2. Every woman will be entitled to the maternity benefits in terms of wages as prescribed in the act. 3. A woman shall only be entitled to the maternity benefits under this act only if she has worked for the employer for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery. 4. The maximum number of leaves that a woman is entitled to under the act is 26 weeks.
  • 11. 5. A woman will not be allowed to do such work that can harm her or her child's health during pregnancy. 6. The law provides same benefits to women who have a miscarriage or tubectomy. 7. A woman suffering from illness arising out of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one month. 8. Exception: An insured woman may be disqualified from receiving maternity benefit if she fails without good cause to attend for or to submit herself to medical examination when so required. She may, however, refuse to be examined by if the doctor or mid wife is not female. If an insured woman is disqualified as above, the disqualification is to be for such number of days as may be decided by the authority authorised by the Corporation, which is the appropriate Regional Office. Section (b) Sort questions: q-7) Notes on strike,lock-out,and retrenchment? Strike [Sec. 2 (q)]: Strike means "a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal under a common understanding of any number of persons who are or have been so employed, to continue to work or to accept employment". Mere stoppage of work does not come within the meaning of strike unless it can be shown that such stoppage of work was a concerted action for the enforcement of an industrial demand. Lockout [Sec. 2(1)]: Lockout means "the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him". Lockout is the antithesis of
  • 12. strike. 1. It is a weapon of the employer while strike is that of the workers. 2. Just as a strike is a weapon in the hands of the workers for enforcing their industrial demands, lockout is a weapon available to the employer to force the employees to see his points of view and to accept his demands. 3. The Industrial Dispute Act does not intend to take away these rights. 4. However, the rights of strikes and lockouts have been restricted to achieve the purpose of the Act, namely peaceful investigation and settlement of the industrial disputes. 5. Definition of retrenchment of employee [Section 2(oo)] "retrenchments" means the 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- 6. (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or 43[(bb) termination of the service of the workman as a result of the non- renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation on that behalf contained therein; or] (c) termination of the service of a workman on the ground of continued ill- health;] q-8) Comment on Registration of trade union? Chapter II of the Trade Unions Act, 1926 deals with the provisions of the registration of trade unions. According to section 2 (h) of the Act, “Trade Union” means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any
  • 13. federation of two or more Trade Unions. Thus, the present article shall deal with the most important aspect of trade union, and that is the registration of trade unions. Appointment of Registrars According to section 3 of the Act, the appropriate government shall appoint a person to be the Registrar of Trade Unions for each state, and the appropriate government shall also appoint as many additional registrars as it may deem fit to carry out the purposes of the Act. Mode of Registration According to section 4 of the Act, any seven or more members of a Trade Union in accordance with the provisions of the Act may make an application apply for registration of the trade union. There are two conditions subsequent to the same, firstly no trade union of workmen shall be registered unless at least 10% or 100 of the workmen, whichever is less engaged in the employment of the establishment are its members on the date of making of its application and secondly no trade union shall be registered unless on the date of making of application, minimum seven of its members who are workmen are employed in the establishment or industry. Also, such application shall not be deemed to be invalid merely on the ground that at any time after the date of the application, but before the registration of the trade union some of the members but not exceeding half of the total number of persons who made the application has ceased to be members. Application for registration According to section 5 of the Act, every application for the registration of the trade union shall be made to the Registrar and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars namely-
  • 14. 1. The names, occupations and addresses of the members making the application; 2. The name of the trade union and the address of its head office, and 3. The titles, names, ages, addresses and occupations of the office- bearers of the trade union. Where a trade union has been into existence for more than a year, then a copy of the assets and liabilities shall also be submitted along with the application for registration. q-9) What is lay-off under id act 1947? “Lay-off” (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materialsor the accumulation of stocks or the breakdown of machinery [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the musterrolls of his industrial establishment and who has not been retrenched. Definition of Retrenchment (Section 2(oo))- “Retrenchment” means the 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 doesn't include- (a) Voluntary retirement of the workman; or (b) Retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or [(bb) termination of the service of the workman as a result of the on-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or] (c) Termination of the service of a workman on the ground of continued ill-health;] Section (c)
  • 15. q-10) What is collective bargaining? Collective bargaining is a process of discussion and negotiation between an employer and a trade union culminating in a written agreement and the adjustment of problems arising under the agreement. The Supreme Court of India has defined the process of collective bargaining as a technique by which, dispute as to conditions of employment is resolved amicably by agreement rather than coercion. Workers, who are generally represented by a trade union, use this medium to express their grievance about various issues such as wages and working conditions. q-11) Who is a workman? 2(s) "workman" means any person (including an apprentice employed in any 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 purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, function mainly of a managerial nature.]
  • 16. q-12) Term an industrial dispute means ? According to Section 2 (k) of the Industrial Disputes Act, 1947, the term ‘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 and conditions of employment of any person”.