This document defines important terms under the Industrial Disputes Act such as appropriate government, industry, workman, and wages. It also explains what constitutes an industrial dispute according to the Act. The key aspects covered are: the definition of industrial dispute, who can raise disputes, and issues that can be subject to disputes. Further, it describes the functioning of dispute settlement machineries under the Act including conciliation procedures conducted by conciliation officers and boards, and adjudication procedures handled by labour courts, tribunals and national tribunals. The roles and powers of these conciliation and adjudication bodies are summarized.

1. Y BHATT
SALIENT FEATURES OF THE
INDUSTRIAL DISPUTES ACT,
1947

2. Y BHATT
I. IMPORTANT DEFINITIONS
CERTAIN IMPORTANT TERMS UNDER THE INDUSTRIAL DISPUTES ACT
AND THEIR SIGNIFICANCE.
a) APPROPRIATE GOVERNMENT [Sn.2(a)]
UNDER THE ID ACT SOME INDUSTRIES FALL UNDER THE CENTRAL
LABOUR MACHINERY AND SOME OTHERS FALL UNDER THE STATE LABOUR
MACHINERY.
SN 2(a) HELPS US TO DETERMINE UNDER WHOSE JURISDICTION A
PARTICULAR INDUSTRY FALLS AND WHETHER THE STATE/CENTRAL RULES WILL
APPLY.
b) INDUSTRY [Sn.2(j)]
THE ID ACT IS NOT APPLICABLE TO ALL KINDS OF ESTABLISHMENTS. IT
IS APPLICABLE ONLY TO ESTABLISHMENTS SATISFYING THE DEFINITION OF THE
TERM 'INDUSTRY' (AS DECIDED IN SEVERAL JUDICIAL PRONOUNCEMENTS).
THE 1984 AMENDED DEFINITION NOW APPEARING IN Sn.2(j) IS YET TO
BE BROUGHT INTO FORCE AND THE OLD DEFINITION IS STILL IN VOGUE.

3. Y BHATT
c) WORKMAN [(Sn.2(s)]
ALL EMPLOYEES IN AN ESTABLISHMENT ARE NOT 'WORKMEN'
UNDER THE ID ACT. ONLY EMPLOYEES DOING ANY MANUAL, UNSKILLED,
SKILLED, TECHNICAL, OPERATIONAL, CLERICAL (IRRESPECTIVE OF
WHETHER THEIR WAGES IS ABOVE Rs.1600/- PER MONTH OR NOT) AND SUCH
OF THE SUPERVISORS DRAWING WAGES BELOW Rs.1600/- PM (SEE
DEFINITION OF WAGES IN Sn.2(rr). IT ALSO INCLUDES DISMISSED WORKMEN
FALLING UNDER THE ABOVE CATEGORIES.
HOWEVER MANAGERIAL STAFF ARE TOTALLY EXCLUDED
IRRESPECTIVE OF THEIR SALARY. [THE TEST OF DETERMINING WHO IS A
'WORKMAN' WAS PRONOUNCED IN A RECENT SUPREME COURT JUDGEMENT
IN SANDOZ LTD CASE REPORTED IN 1994 II LLN 1017)
d) WAGES [Sn.2(rr)]
WAGES WILL INCLUDE BASIC, DA, VALUE OF HOUSE
ACCOMMODATION, OTHER AMENITIES, TRAVELLING CONCESSION,
COMMISSION PAYABLE AND OTHER REMUNERATION PAYABLE UNDER THE
CONTRACT, BUT EXCLUDES THE FOLLOWING : ANY BONUS AND
RETIREMENT BENEFITS LIKE EPF/GRATUITY

4. Y BHATT
II WHAT AMOUNTS TO INDUSTRIAL DISPUTE
EXTENT AND SCOPE OF THE TERM 'INDUSTRIAL DISPUTE' UNDER
THE INDUSTRIAL DISPUTES ACT 1947.
PROVISIONS SECTIONS 2(k),2(ka),2(j),2(s),2(A),2(rr).
a) WHAT ARE THE INGREDIENTS OF AN INDUSTRIAL DISPUTE
[Sn.2(k)] ?
i) DISPUTE MUST BE IN AN ESTABLISHMENT SATISFYING
THE DEFINITION OF 'INDUSTRY' IN SECTIONS 2(ka) & 2 (j).
(NOTE : THE NEW DEFINITION OF 2(j) HAS NOT BEEN
BROUGHT INTO FORCE YET).
ii) DISPUTE MUST BE BETWEEN :
- EMPLOYER Vs EMPLOYER
- EMPLOYER Vs WORKMEN
- WORKMEN Vs WORKMEN

5. Y BHATT
iii THE SUBJECT MATTER OF THE DISPUTE MUST BE :
- CONNECTED WITH EMPLOYMENT OR NON-EMPLOYMENT
- CONNECTED WITH TERMS OF EMPLOYMENT
- CONNECTED WITH CONDITIONS OF LABOUR
iv OF 'ANY PERSON' - PROVIDED THAT PERSON HAS A NEXUS WITH
THE INDUSTRY
v DISPUTE MUST BE RAISED BY WORKMEN : BY UNION, OR A
GROUP OF WORKMEN.
b) CAN ALL EMPLOYEES IN AN INDUSTRY RAISE AN INDUSTRIAL
DISPUTE [Sn.2(s),2(k)]?
ANSWER IS NO.
INDUSTRIAL DISPUTE CAN BE RAISED ONLY BY EMPLOYEES
SATISFYING THE DEFINITION OF 'WORKMAN' IN SECTION 2(s).
THOSE NOT SATISFYING THE DEFINITION OF WORKMAN CANNOT
RAISE A DISPUTE UNDER ID ACT.

6. Y BHATT
c) WHAT CATEGORY OF EMPLOYEES WOULD FALL UNDER THE
DEFINITION OF 'WORKMAN' UNDER SECTION 2(s) ?
ANY PERSON IN AN 'INDUSTRY' (INCLUDING AN APPRENTICE)
EMPLOYED ON MANUAL, UNSKILLED, SKILLED, TECHNICAL, OPERATIONAL
JOBS PLUS THOSE SUPERVISORY STAFF DRAWING 'WAGES' BELOW
Rs.1600 PM AS PER DEFINITION OF WAGES IN Sn.2(rr).
NOTE :
- ALL MANAGERIAL STAFF ARE EXCLUDED IRRESPECTIVE
OF THEIR SALARY
- MEMBERS OF SUPERVISORY STAFF WILL BE EXCLUDED
ONLY IF THEY ARE DRAWING WAGES ABOVE Rs.1600 PM
- WORKMEN WHO WERE TERMINATED COULD CONTINUE TO
CLAIM STATUS OF WORKMEN FOR PURSUING THEIR
DISPUTES
- THE WAGES OF SUPERVISORY STAFF SHOULD BE
COMPUTED AS PER DEFINITION OF 'WAGES' IN SECTION 2(rr).

7. Y BHATT
d) CAN ONLY A MAJORITY OF WORKMEN IN AN INDUSTRY RAISE A
DISPUTE ?
IT IS NOT NECESSARY THAT A MAJORITY OF WORKMEN SHOULD
SUPPORT THE RAISING OF THE DISPUTE. IT IS ENOUGH IF A SUBSTANTIAL
NUMBER BACK THE RAISING OF THE DISPUTE. WHILE A UNION CAN RAISE
A DISPUTE, IT IS NOT NECESSARY THAT ONLY A UNION CAN RAISE A
DISPUTE. A SINGLE WORKMAN CANNOT NORMALLY RAISE DISPUTE.
e) WHEN CAN AN INDIVIDUAL WORKMEN RAISE A DISPUTE (i.e. EVEN
WITHOUT THE SUPPORT OF OTHER WORKMEN) ?
NORMALLY ONLY COLLECTIVE DISPUTES (DISPUTES RAISED BY A
GROUP OF WORKMEN CAN BE TAKEN UP AS INDUSTRIAL DISPUTES). AN
INDIVIDUAL WORKMAN CAN RAISE A DISPUTE IF IT FALLS UNDER THE
EXCEPTIONAL CASES LISTED IN SECTION 2 A: CASES OF DISMISSAL /
DISCHARGE / RETRENCHMENT / TERMINATION ONLY. FOR NON-TERMI-
NATION ISSUES (LIKE PROMOTION / TRANSFER / PUNISHMENTS NOT
AMOUNTING TO TERMINATION) INDIVIDUAL WORKMAN CANNOT RAISE A
DISPUTE IF THERE ARE NO OTHER WORKMEN SUPPORTING HIS CASE.

8. Y BHATT
f) CAN WORKMEN RAISE AN INDUSTRIAL DISPUTE PERTAINING TO
NON-WORKMEN ?
ANSWER IS 'YES' - THEY CAN AS PER SECTION 2(k) RAISE AN INDUSTRIAL
DISPUTE REGARDING 'ANY PERSON' IF IT CAN BE SHOWN THAT 'THAT
PERSON' HAS A NEXUS WITH THEIR INDUSTRY (THEY COULD THEREFORE
RAISE DISPUTES DEMANDING BENEFITS OR REINSTATEMENT OF
DISMISSED MANAGERS / SUPERVISORS).
g) HOW CAN AN INDIVIDUAL WORKMAN REDRESS HIS DISPUTE ?
HE SHOULD GET OTHER WORKMEN / UNION TO SPONSOR IT TO MAKE IT
AN INDUSTRIAL DISPUTE UNDER Sn.2(k). IF IT IS A TERMINATION CASE HE
CAN RAISE IT HIMSELF UNDER Sn.2(A).

9. Y BHATT
III FUNCTIONING OF DISPUTE SETTLING MACHINERIES
a) ALL ABOUT CONCILIATION
i) WHAT TYPE OF CONCILIATION MACHINERY EXIST UNDER
THE ID ACT ?
CONCILIATION BY AN OFFICER [Sn.4 & 2(d)] AND A BOARD (AN AD-
HOC BOARD CONSISTING OF AN INDEPENDENT CHAIRMAN AND
EQUAL NUMBER OF WORKMEN AND EMPLOYER
REPRESENTATIVES) [Sn.5 & 2(e)].
[THIS IS NOT A PERMANENT BODY, SET UP ONLY FOR A
PARTICULAR DISPUTE AND THE BOARD WILL STAND DISSOLVED
WHEN THE ISSUE IS SETTLED].

10. Y BHATT
ii) WHAT ARE THE DUTIES OF A CONCILIATION OFFICER ?
AS PER Sn.12 (1) AND RULE 9(1) WHEN A STRIKE / LOCKOUT NOTICE IS
ISSUED UNDER RULE 71/72 IN A PUBLIC UTILITY SERVICE, HE IS BOUND TO
IMMEDIATELY CONVENE A CONCILIATION MEETING.
AS PER Sn.12(1) AND RULES 9(2) & 10, IN NON PUBLIC UTILITY SERVICE OR
IN NON-STRIKE DISPUTES IN PUBLIC UTILITY SERVICE HE IS NOT BOUND,
BUT MAY HOLD CONCILIATION MEETINGS. HE WILL HOWEVER HOLD
ORDINARY JOINT MEETINGS WHICH WOULD NOT BE COUNTED AS
CONCILIATION MEETINGS.
HE WILL TRY TO PERSUADE THE PARTIES TO RESOLVE THE DISPUTES AS
PER RULES 10A, 11, 12 AND 13.

11. Y BHATT
IF HE SUCCEEDS IN BRINGING ABOUT AN UNDERSTANDING, HE GETS
THE PARTIES TO SIGN A SETTLEMENT IN FORM-H AS PER Sn.12(3), 18(3)
AND RULE-58. AS PER RULE 75, HE HAS TO MAINTAIN A REGISTER IN FORM-
O, GIVING THE DETAILS OF THE SETTLEMENTS SIGNED BY HIM. IF HE FAILS
TO BRING ABOUT A SETTLEMENT, AS PER Sn.12(4) HE HAS TO INFORM THE
GOVERNMENT AND THIS IS CALLED A FAILURE REPORT. BEFORE SENDING
THE FAILURE REPORT HE SHOULD ASK THE DISPUTING PARTIES WHETHER
THEY WOULD LIKE THE DISPUTE TO BE SENT FOR ARBITRATION. AS PER
SN.12(6) HE IS EXPECTED TO CLOSE THE CONCILIATION PROCEEDINGS
WITHIN 14 DAYS BUT WITH THE CONSENT OF THE PARTIES HE CAN KEEP
THE CONCILIATION PROCESS GOING FOR A LONGER DURATION. WHEN
NOTICE OF CHANGE IS ISSUED UNDER Sn.9A HE IS OBLIGED TO HOLD
MEETINGS TO RESOLVE THE DISPUTE. WHEN APPROVAL/PERMISSION
APPLICATIONS ARE FILED UNDER Sn.33/33A HE IS REQUIRED TO PASS
APPROPRIATE ORDERS.
NOTE : UNLIKE IN ARBITRATION/ADJUDICATION PROCEEDINGS, A
CONCILIATION OFFICER HAS NO POWER TO ENFORCE HIS DECISION ON
THE PARTIES. HE CAN ONLY TRY TO PERSUADE THE PARTIES TO ACCEPT
HIS SUGGESTION.

12. Y BHATT
iii) WHAT ARE THE POWERS OF A CONCILIATION OFFICER ?
AS PER Sn.11(1) AND RULE 23, HE CAN ENTER AND INSPECT
ANY ESTABLISHMENT. AS PER Sn.11(4) AND RULE 17 HE CAN SUMMON
ANY PERSON AS WITNESS OR COMPEL THE PRODUCTION OF
DOCUMENTS HAVING RELEVANCE TO THE DISPUTE. AS PER
Sn.33/33A AND RULES 59, 60, 61 HE CAN GRANT/REFUSE
APPROVAL/PERMISSION TO PETITIONS FILED BY EMPLOYER ON
DISCIPLINARY MATTERS DURING PENDENCY OF CONCILIATION
BEFORE HIM.
iv) SUMMARY OF SECTIONS
SECTIONS 2(d), 2(e), 4, 5, 11, 12, 13, 18(3), 20, 33, 33A
RULES 9, 10, 10A, 11, 12, 13, 17, 23, 58, 59, 60, 61
FORM-H

13. Y BHATT
b) ALL ABOUT ADJUDICATION
i) WHAT IS MEANT BY ADJUDICATION ?
ADJUDICATION IS A JUDICIAL (DECISION MAKING) PROCESS FOR
SETTLEMENT OF INDUSTRIAL DISPUTES [Sn.2(aa)].
ii) WHAT ARE THE ADJUDICATING BODIES UNDER THE ID ACT ?
LABOUR COURTS [Sn.2(kkb), 7, Sch.II]
TRIBUNALS [Sn.2(r), 7A, Sch.III]
NATIONAL TRIBUNALS [Sn.2(11), 7B, Sch.III]

14. Y BHATT
iii) CAN PARTIES (EMPLOYER OR WORKMEN) APPROACH THE
ADJUDICATING BODIES DIRECTLY FOR DISPUTE SETTLEMENT ?
UNLIKE IN THE CIVIL COURTS, PARTIES CANNOT APPROACH THE
LABOUR COURT / TRIBUNAL / NATIONAL TRIBUNAL DIRECTLY.
DISPUTES CAN BE TAKEN UP BY LABOUR COURT / TRIBUNAL / NATIONAL
TRIBUNAL ONLY IF THEY ARE REFERRED TO THEM BY THE GOVERNMENT.
GOVERNMENT CAN REFER THE DISPUTES AFTER RECEIPT OF THE
CONCILIATION FAILURE REPORT OR WHEN THE PARTIES REQUEST THE
GOVERNMENT TO MAKE A REFERENCE [Sn.10(1), 10(1A), 10(2), 10(6),
12(4), 12(5), 12(6)].
iv WHEN DOES ADJUDICATION COMMENCE AND WHEN DOES IT END ?
ADJUDICATION PROCEEDINGS ARE DEEMED TO HAVE COMMENCED
FROM THE DATE THE GOVERNMENT REFERRED THE DISPUTE TO
LABOUR COURT/TRIBUNAL / NATIONAL TRIBUNAL.
IT IS DEEMED TO HAVE CONCLUDED ON THE DATE THE AWARD
BECOMES ENFORCEABLE AS PER Sn.17A [Sn.20(3)].

15. Y BHATT
v DUTIES OF LABOUR COURT / TRIBUNAL / NATIONAL TRIBUNAL ?
TO HOLD ADJUDICATING PROCEEDINGS EXPEDITIOUSLY AND
SUBMIT THEIR REPORT TO THE GOVERNMENT WITHIN THE
PRESCRIBED TIME LIMIT [Sn.15, 10(2A), 16(2)].
TO CONFINE THE SCOPE OF THEIR JUDGEMENT TO THE POINTS
REFERRED TO THEM FOR DETERMINATION [Sn.10(4)].
vi WHAT ARE THE POWERS OF LABOUR COURT / TRIBUNAL
/NATIONAL TRIBUNAL ?
THEY CAN ENTER ANY ESTABLISHMENT FOR FACT FINDING
[Sn.11(2) AND R.23] CAN ENFORCE ATTENDANCE OF ANY PERSON
AND PRODUCTION OF DOCUMENTS AND MATERIALS HAVING BEARING
ON THE DISPUTE [Sn.11(3), R-10A, 10B]. EMPOWERED TO
ADMINISTER OATHS AND ISSUE SUMMONS TO PARTIES /
WITNESSES [R-16, 17, 18]. CAN APPOINT ASSESSORS TO ASSIST
THEM [Sn.11(5), R-25]. CAN EXERCISE POWERS OF 'PUBLIC SERVANTS'
UNDER Sn.21 OF IPC [Sn.11(6)] CAN PASS ORDERS ON AWARDING COSTS
TO THE AGGTRIEVED PARTY

16. Y BHATT
[Sn.11(7)] CAN EXERCISE POWERS OF CIVIL COURTS FOR PURPOSES
OFSn.345, 346, 348 OF THE CIVIL PROCEDURE CODE OF 1973 [Sn.11(8)]. HAS
POWERS TO REVIEW DISCIPLINARY PUNISHMENT ORDERS ISSUED BY
MANAGEMENT AND CAN REDUCE/SUBSTITUTE PUNISHMENTS OR ORDER
REINSTATEMENT WITH/WITHOUT BACK WAGES [Sn.11(A)]. HAS POWERS TO
GRANT / REFUSE APPROVAL / PERMISSION PETITIONS FILED UNDER Sn.33
[Sn.33A] CAN PASS ORDERS ON MONEY CLAIM PETITIONS FILED BY WORKMEN
AGAINST EMPLOYERS [Sn.33C(2)].
vii PROCEDURE FOR ENFORCING ADJUDICATION AWARDS
DECISIONS GIVEN BY LABOUR COURT / TRIBUNAL / NATIONAL TRIBUNAL
ARE CALLED AWARDS [Sn.2(b)]. AWARDS ARE NOT ENFORCEABLE
DIRECTLY. THE LABOUR COURT / TRIBUNAL / NATIONAL TRIBUNAL CAN ONLY SEND
THEIR FINDINGS TO THE GOVERNMENT AND CANNOT ANNOUNCE THEM DIRECTLY.
[Sn.15] AFTER RECEIPT OF THE REPORT, THE APPROPRIATE GOVERNMENT
WOULD DECIDE WHETHER TO ACCEPT / MODIFY / WITH-HOLD THE REPORT -
THE GOVERNMENT HAS TO ANNOUNCE THEIR DECISION THROUGH THE
GAZETTE WITHIN 30 DAYS OF RECEIPT OF THE REPORT [Sn.17, 17A]. THE
GOVERNMENT ORDER ON THE ADJUDICATION DECISION BECOMES
ENFORCEABLE ON THE EXPIRY OF 30 DAYS FROM THE DATE OF THE
GAZETTE NOTIFICAITON [Sn.17A].

17. Y BHATT
viii FOR WHAT DURATION IS THE ADJUDICATION AWARD VALID ?
AN ADJUDICATION AWARD (AS PUBLISHED BY GOVERNMENT) SHALL BE
IN OPERATION FOR A PERIOD OF ONE YEAR FROM THE DATE IT BECOMES
ENFORCEABLE UNDER 17A [Sn.19(3)]. GOVERNMENT HAS THE POWER TO
REDUCE THE VALIDITY PERIOD OR EVEN EXTEND THE VALIDITY PERIOD
BY ONE YEAR AT A TIME SUBJECT TO THE TOTAL DURATION NOT
EXCEEDING THREE YEARS [Sn.17A,19(3)].
EVEN AFTER THE NORMAL / EXTENDED PERIOD OF OPERATION, THE
TERMS OF THE AWARD SHALL CONTINUE TO BE IN FORCE UNTIL ONE OF
THE PARTIES SERVES A FORMAL NOTICE OF TERMINATION [Sn.19(5), 19(6),
19(7)].
ix ON WHOM ARE THE AWARDS BINDING ?
IT IS BINDING ON ALL PARTIES TO THE DISPUTE. IT IS ALSO BINDING ON
ALL OTHER PARTIES SUMMONED TO APPEAR IN THE PROCEEDINGS TO
THE DISPUTE. ON THE EMPLOYER, HIS HEIRS,ASSIGNS ANDSUCCESSORS.
ON WORKMEN CURRENTLY EMPLOYED AND WHO SUBSEQUENTLY GET
EMPLOYED IN THE ESTABLISHMENTS [Sn.18(3)].

18. Y BHATT
c) ALL ABOUT ARBITRATION
i) WHAT IS MEANT BY ARBITRATION ?
IT IS A DISPUTE RESOLVING PROCESS THROUGH AN
UMPIRE SELECTED BY THE DISPUTING PARTIES.
ii) HOW DOES ARBITRATION DIFFER FROM ADJUDICATION
AND CONCILIATION ?
WHILE THE PRESIDING OFFICERS OF CONCILIATION AND
ADJUDICATION PROCEEDINGS ARE FULL TIME OFFICERS
APPOINTED BY GOVERNMENT, ARBITRATORS ARE ADHOC
UMPIRES APPOINTED BY THE DISPUTANTS.
WHILE THE CONCILIATION OFFICER HAS NO POWER TO IMPOSE
HIS DECISION ON THE PARTIES, AN ARBITRATOR HAS AUTHORITY
TO GIVE AN ORDER WHICH CANNOT BE CHALLENGED BY THE
PARTIES.ADJUDICATORS GET THEIR POWER FROM STATUTE ,
ARBITRATORS ACQUIRE THEIR POWR FROM THE CONSENT OF THE
PARTIES.

19. Y BHATT
iii) TYPES OF ARBITRATION
ID ACT CONTEMPLATES TWO TYPES OF ARBITRATION, ONE UNDER
SECTION 10(2) TO A LABOUR COURT / TRIBUNAL AND THE SECOND
TYPE UNDER 10A TO ANY OTHER ARBITRATOR INCLUDING TO
LABOUR COURTS OR TRIBUNALS.
iv) HOW IS ARBITRATION PROCESS INITIATED [Sn.10(2)+10A] ?
WHEN CONCILIATION FAILS, BEFORE SENDING THE FAILURE
REPORT, THE CONCILIATION OFFICER ASKS THE PARTIES IF THEY
WISH TO SEND THE DISPUTE FOR ARBITRATION. IF PARTIES DESIRE
SO, THEY MUST SIGN AN ARBITRATION AGREEMENT IN FORM-C UNDER
RULE 7 AND SEND IT TO THE GOVERNMENT. GOVERNMENT WILL THEN
NOTIFY HIM AS AN ARBITRATOR
v) AWARDS OF ARBITRATORS
ARBITRATORS HEAR THE PLEADINGS OF BOTH PARTIES AND
SUBMIT THEIR ORDERS TO THE GOVERNMENT WHO PROCESSES IT
LIKE AN ADJUDICATION AWARD AND IT IS IMPLEMENTED LIKE AN
ADJUDICATION AWARD.

20. Y BHATT
IV PENDENCY OF PROCEEDINGS AND ITS IMPLICATIONS
a) WHAT IS MEANT BY PENDENCY OF PROCEEDINGS [Sn.20] ?
i) THE PERIOD FROM WHICH CONCILIATION / ADJUDICATION / ARBITRATION
PROCEEDINGS COMMENCES AND CONCLUDES UNDER Sn.20 IS CALLED
PERIOD OF PENDENCY.
ii) WHEN IS CONCILIATION DEEMED TO BE PENDING -
COMMENCEMENT AND CONCLUSION [Sn.20(1)(2)(a,b)] ?
COMMENCEMENT :
WHEN NOTICE OF STRIKE/LOCKOUT IN PUBLIC UTILITY INDUSTRIES UNDER
Sn.22 IS RECEIVED BY THE CONCILIATION OFFICER OR ON THE DATE THE
DISPUTE IS REFERRED TO THE CONCILIATION BOARD AND IN OTHER CASES
WHEN THE CONCILIATION OFFICER ISSUES NOTICE OF CONCILIATION.
CONCLUSION :
IT CONCLUDES WHEN A SETTLEMENT IS SIGNED BY THE PARTIES. IF THERE
IS NO SETTLEMENT WHEN THE FAILURE REPORT OF THE CONCILIATION
OFFICER IS RECEIVED BY THE GOVERNMENT.

21. Y BHATT
iii) WHEN IS ADJUDICATION /ARBITRATION DEEMED TO BE PENDING
[Sn.20(2)(C)20(3) & 17] ?
COMMENCEMENT :
ADJUDICATION / ARBITRATION PROCEEDINGS ARE DEEMED TO
COMMENCE ON THE DATE WHEN THE GOVERNMENT REFERS
THE DISPUTE TO LABOUR COURT / TRIBUNAL / NATIONAL TRIBUNAL
OR ARBITRATOR UNDER SECTION 10 OR 10 A AS THE CASE MAY BE.
CONCLUSION :
ADJUDICATION / ARBITRATION PROCEEDINGS ARE DEEMED TO
HAVE CONCLUDED ON THE DATE ON WHICH THEIR AWARDS BECOME
ENFORCEABLE UNDER SECTION 17 A, i.e. AFTER 30 DAYS OF THE
PUBLICATION OF THE AWARD IN THE OFFICIAL GAZETTE.

22. Y BHATT
b) IMPACT OF PENDENCY ON STRIKES / LOCKOUTS
i) WHY IS IT IMPORTANT TO KNOW THE PERIOD OF PENDENCY OF
PROCEEDINGS ?
AS PER SECTION 22(d) ANY STRIKE / LOCKOUT IN A PUBLIC
UTILITY INDUSTRY DURING THE PENDENCY OF CONCILIATION AND
SEVEN DAYS THEREAFTER WOULD BE ILLEGAL [(Sn.22(d)].
ANY STRIKE / LOCKOUT IN A NON-PUBLIC UTILITY AS WELL AS
PUBLIC UTILITY DURING PENDENCY OF CONCILIATION BEFORE A
BOARD AND SEVEN DAYS THEREAFTER WOULD BE ILLEGAL [Sn.23(a)].
ANY STRIKE/LOCK OUT DURING THE PENDENCY OFADJUDICATION
/ARBITRATION PROCEEDING AND TWO MONTHS THEREAFTER
WOULD BE ILLEGAL IN BOTH PUBLIC AND NON- PUBLIC UTILITY
INDUSTRIES [Sn.23(b), 23(bb)].

23. Y BHATT
c) IMPACT OF PENDENCY ON EMPLOYER'S RIGHT TO ALTER SERVICE
CONDITIONS
i) WHILE EMPLOYERS ARE ENTITLED TO ALTER THE SERVICE
CONDITIONS / TAKE DISCIPLINARY ACTION IN TERMS OF THEIR STANDING
ORDERS DURING NORMAL TIMES; SOME RESTRICTIONS ARE
PLACED ON THESE RIGHTS DURING PENDENCY OF PROCEEDINGS
LIKE CONCILIATION, ARBITRATION AND ADJUDICATION.
ii) AS PER Sn.33(1)(a) DURING PENDENCY OF PROCEEDINS, ANY
ALTERATION OF ANY MATTER CONNECTED WITH THE DISPUTE CAN BE
MADE ONLY WITH EXPRESS WRITTEN PERMISSION OF THE AUTHORITY
BEFORE WHOM THE DISPUTE IS PENDING [APPLY IN FORM-J UNDER
RULE 60(1)[Sn.33(1)(a), R-60(1),F-J]
iii) AS PER Sn.33(2)(a), EVEN DURING PENDENCY OF PROCEEDINGS NO
PERMISSION IS REQUIRED FOR ALTERING ANY MATTER NOT
CONNECTED WITH THE DISPUTE IF THE STANDING ORDERS OR CONTRACT
OF EMPLOYMENT OF THE CONCERNED WORKMEN ALLOW THE
EMPLOYER TO MAKE SUCH ALTERATION [Sn.33(2)(a)].

24. Y BHATT
d) IMPACT OF PENDENCY ON EMPLOYER'S RIGHT TO TAKE
DISCIPLINARY ACTION
i) AS PER Sn.33(1)(b) DURING PENDENCY OF PROCEEDINGS
ANY DISCIPLINARY PUNISHMENT FOR A MISCONDUCT CONNECTED WITH
THE DISPUTE CAN BE TAKEN ONLY AFTER OBTAINING EXPRESS
WRITTEN PERMISSION OF THE AUTHORITY BEFORE WHOM THE
DISPUTE IS PENDING [APPLY IN FORM-J UNDER RULE 60(1)].
ii) AS PER Sn.33(2)(b) IF THE MISCONDUCT IS NOT CONNECTED
WITH THE PENDING DISPUTE NO PRIOR PERMISSION FOR
DISMISSING OR DISCHARGING IS REQUIRED BUT RATIFICATION OR
APPROVAL IS TO BE TAKEN FROM THE AUTHORITY AFTER THE
TERMINATION ORDER IS ISSUED.
iii) WHILE ISSUING THE TERMINATION ORDER ONE FULL MONTH'S
WAGES (WITHOUT ANY DEDUCTIONS) SHOULD ALSO BE PAID AND AN
APPLICATION FOR APPROVAL IN FORM-K UNDER RULE 60(2) SHOULD
ALSO BE SUBMITTED TO THE AUTHORITY ON THE VERY
SAME DAY OF ISSUE OF THE TERMINATION ORDER [Sn.33(2)(b), R-
60(2),F-K].

25. Y BHATT
NOTE : IF APPROVAL IS REFUSED THE WORKMAN WILL HAVE
TO BE REINSTATED WITH BACK WAGES.
e) IMPACT OF PENDENCY ON TAKING ACTION AGAINST
'PROTECTED WORKMEN'
AS PER Sn.33(3) DURING PENDENCY OF PROCEEDINGS, TRADE
UNION OFFICE BEARERS WHO QUALIFY FOR THE STATUS OF
'PROTECTED WORKMEN' UNDER RULE 61 SHOULD NOT BE PUNISHED
OR TERMINATED WITHOUT THE PRIOR WRITTEN PERMISSION
FROM THE AUTHORITY CONCERNED [AN APPLICATION FOR
PERMISSION UNDER RULE 60(1) IS TO BE MADE IN FORM-J] [Sn.33(3), R-
60(1),F-J].

26. Y BHATT
f) WORKMEN'S MODE OF SEEKING RELIEF FOR EMPLOYERS
VIOLATION OF SECTION-33
i) IF DURING THE PENDENCY OF PROCEEDINGS THE EMPLOYER HAS
ALTERTED THE SERVICE CONDITIONS VIOLATING Sn.33(1)(a) OR
33(2)(a) OR PUNISHED A WORKMAN IN VIOLATION OF Sn.33(1)(b) OR
33(2)(b) OR PUNISHED A PROTECTED WORKMAN (OFFICE BEARER) IN
VIOLATION OF SECTION 33(3), THE AGGRIEVED WORKMAN CAN FILE A
COMPLAINT TO THE AUTHORITY IN FORM-I UNDER RULE 59 AND Sn.33A
[Sn.33(A), R-59,F-I].
ii) THE AUTHORITY CONCERNED WILL MAKE AN ENQUIRY AND
AFTER HEARING THE PARTIES WILL PASS APPROPRIATE ORDERS
GRANTING OR REFUSING APPROVAL OR PERMISSION AS THE CASE
MAY BE [Sn.33A].

27. Y BHATT
NOTE :
1 IF APPROVAL IS REFUSED WORKMAN HAS TO BE
REINSTATED
2 WHEN PERMISSION IS REQUIRED, ACTION BY EMPLOYER CAN BE
ONLY AFTER GETTING WRITTEN PERMISSION
3 EVEN IF APPROVAL/PERMISSION IS GRANTED UNDER Sn.33A, THE
WORKMAN IS NOT BARRED FROM CHALLEGING THE ACTION AND
RAISING A DISPUTE FOR REINSTATEMENT UNDER SECTION 2(K) OR
2(A).

28. Y BHATT
SIGNIFICANCE OF SECTION 33 OF THE I.D.ACT 1947
I SIGNIFICANCE
OF SECTION 33
- IT PLACES CERTAIN
TEMPORARY
RESTRICTIONS ON
EMPLOYERS RIGHT
TO:
MAKE CHANGES IN SERVICE
CONDITONS OF WORKMEN
TO AWARD PUNISHMENT OF
DISMISSAL/DISCHARGE ON ANY
WORKMAN
TO IMPOSE ANY KIND OF
PUNISHMENT ON UNION OFFICE
BEARERS TREATED AS ‘PROTECTED
WORKMEN’
II ARE THESE
RESTRICTIONS
ALWAYS
APPLICABLE ?
- NO. [THERE ARE NO
RESTRICTIONS IF NO
PROCEEDING IS
PENDING [Sn 33(1)]

29. Y BHATT
III THEN WHEN ARE
THEY
APPLICABLE ?
- IT APPLIES ONLY
DURING ‘THE PERIOD
OF PENDENCY OF
ANY ONE OF THE
FOLLOWING
PROCEEDINGS:
-
-
-
CONCILIATION
ADJUDICATION
ARBITRATION
[Sn 33(1)]
IV WHAT IS MEANT
BY ‘PERIOD OF
PENDENCY’ ?
-
-
CONCILIATION IS DEEMED TO COMMENCE AND
CONCLUDE WHEN CONTINGENCIES MENTIONED IN
SECTION 20(1) 20(2) ARE SATISFIED
SIMILARLY ‘ADJUDICATION’ & ‘ARBITRATION’ ARE
DEEMED TO COMMENCE & CONCLUDE WHEN
CONTINGENCIES MENTIONED IN SECTION 20(3) IS
SATISFIED.
Note: THE INTERVENING PERIOD IS CALLED THE
PERIOD OF PENDENCY

30. Y BHATT
V WHAT IS THE NATURE OF RESTRICTIONS IMPOSED
CONTINGENCY TAKE PRIOR WRITTEN
PERMISSION
TAKE POST FACTO APPROVAL
ALTERATION OF SERVICE CONDITIONS
A WHEN EMPLOYER WANTS
TO ALTER A MATTER/
SERVICE CONDITION WHICH
IS THE SUBJECT MATTER
OF THE DISPUTE
ACTION ONLY AFTER
GETTING PRIOR
WRITTEN PERMISSION
FROM AUTHORITY
NA
B WHEN SERVICE
CONDITIONS / ANY OTHER
MATTER NOT CONNECTED
WITH THE PENDING
DISPUTE ARE TO BE
ALTERED IN CASE OF
PERSONS CONCERNED IN
THE DISPUTE [Sn 33(2)(a)]
NA
NO PERMISSION OR
APPROVAL IS REQUIRED IF
THE ACTION IS AS PER
APPLICABLE STANDING
ORDER PROVISIONS OR
PREVAILING SERVICE
RULES.

31. Y BHATT
PROTECTED WORKMEN
PUNISHING ‘PROTECTED
WORKMEN’
[Sn 33(3), R-62]
ANY KIND OF
PUNISHMENT TO
‘PROTECTED
WORKMEN’ MUST BE
GIVEN ONLY AFTER
APPLYING AND
GETTING WRITTEN
PERMISSION
IF NOT A ‘PROTECTED
WORKMAN’ FILE
APPROVAL PETITION
(ONLY FOR
TERMINATION CASES)
VI WHERE TO FILE
APPROVAL /PERMISSION
APPLICATIONS
PERMISSION OR APPROVAL APPLICATIONS TO
BE FILED BEFORE THE DISPUTE PENDING
AUTHORITY
IF DISPUTE PENDING BEFORE MORE THAN ONE
AUTHROTITY – EMPLOYER CAN CHOOSE ANY
ONE OF THEM

32. Y BHATT
VII IS THERE ANY SPECIFIC
FORMAT
SEE THE APPLICABLE STATE RULES
IN KERALA THE APPLICABLE RULE & FORMAT ARE AS
FOLLOWS:
CONTINGENCY RULE NO. IN FORM NO.
FOR PERMISSION
PETITIONS
61(1) & (3) (4) &
(5)
J
FOR APPROVAL
PETITIONS
61(2) (3) (4) & (5) K
VIII WHAT CAN A WORKMAN
DO WHEN EMPLOYER
DOES NOT COMPLY WITH
SECTION 33
AS PER SECTION 33(A) AND RULE 60 (1) (2) (3) (4) HE CAN
FILE A COMPLAINT TO THE AUTHORITY BEFORE WHOM
PROCEEDING IS PENDING
IX CONSEQUENCES OF
APPROVALS NOT BEING
GRANTED
THE WORKMAN HAS TO BE REINSTATED IN SERVICE AND
GIVEN FULL BACK PAY AND BENEFITS [Sn 33(A)]

33. Y BHATT
X GENERAL EVEN IF APPROVAL/PERMISSION IS GIVEN UNDER
SECTION 33, WORKMAN CAN RAISE A SEPARATE DISPUTE
CHALLENGING HIS DISMISSAL [Sn-2(A) & 11A]
EVEN IF NO APPLCATION FOR PERMISSION/APPROVAL IS
MADE, DISMISSAL/DISCIPLINARY ACTION WILL NOT BE
IPSO FACTO ILLEGAL. EMPLOYERS CAN STILL JUSTIFY
HIS ACTION WHEN CASE COMES UP BEFORE LABOUR
COURT.
EVEN IN PERMISSION CASES THE EMPLOYER CAN FILE
THE PERMISSION APPLCIATION AND PARALLALY PLACE
THE WORKMAN UNDER SUSPENSION PENDING ENQUIRY
PROVIDED HE IS PAID THE APPLICABLE SUBSISTENCE
ALLOWANCE TILL THE PERMISSION APPLICATION IS
DISPOSED OF.

34. Y BHATT
V LEGALITY AND ILLEGALITIES
a) PROVISIONS ON 'STRIKE & LOCKOUT'
PROVISIONS SECTIONS 2(q), 2(l), 2(n), 22, 23, 24, 25, 26, 27,28
RULES 71, 72, 73, 74
FORMS L, M, N AND SCHEDULE I
i) INGREDIENTS OF STRIKE & LOCKOUTS
STRIKE [2(q)] BY WORKMEN
REFUSAL TO WORK OR ACCEPT EMPLOYMENT BY A BODY OF
PERSONS IN 'INDUSTRY' [2(j)] IF UNDER A COMMON UNDERSTANDING OR
ACTING IN CONCERT
LOCKOUT [2(l)] BY EMPLOYER TEMPORARY CLOSING OF PLACE
OF EMPLOYMENT, OR REFUSAL TO CONTINUE TO EMPLOY PERSONS
EMPLOYED BY AN EMPLOYER

35. Y BHATT
ii) IS NOTICE OF STRIKE/LOCKOUT MANDATORY
MANDATORY [2(n), SCH-I, 22(1), 22(2), 23(1)]:
IF INDUSTRY FALLS UNDER DEFINITION OF 'PUBLIC UTILITY
SERVICE' AS PER SECTION 2(n), SCH-I OR IF THE TERMS OF
EMPLOYMENT (APPOINTMENT LETTER) OR STANDING ORDER REQUIRES
GIVING OF NOTICE.
NON MANDATORY [22(3), 23(1)] :
IN NON-PUBLIC UTILITY SERVICE, UNLESS STANDING ORDERS
OR APPOINTMENT ORDERS STIPULATES GIVING OF NOTICE,
OR IT IS IN RETALIATION FOR A STRIKE OR LOCKOUT.

36. Y BHATT
iii) WHEN WOULD STRIKES OR LOCKOUTS BE ILLEGAL
IN 'PUBLIC UTILITY SERVICE' [22(1)& (2), 23, 30, 19] WHEN
STRIKE / LOCKOUT IS COMMENCED :
a) WITHOUT GIVING ATLEST 14 DAYS NOTICE
b) COMMENCED AFTER 42 DAYS OF NOTICE
c) PRIOR TO DATE INDICATED IN THE NOTICE
d) DURING PENDENCY OF PROCEEDINGS BEFORE CONCILIATION
OFFICER/BOARD AND SEVEN DAYS THEREAFTER
e) DURING PENDENCY OF PROCEEDINGS BEFORE LABOUR
COURT / TRIBUNAL / ARBITRATORS AND TWO MONTHS THEREAFTER
f) DURING THE PERIOD WHEN A SETTLEMENT OR AWARD IS IN
OPERATION ON MATTERS COVERED

37. Y BHATT
IN NON-PUBLIC UTILITY SERVICE [23, 20, 19] WHEN STRIKE / LOCKOUT IS
COMMENCED :
a) IN BREACH OF CONTRACT
b) DURING PENDENCY OF CONCILIATION BEFORE A BOARD AND
SEVEN DAYS THEREAFTER
c) DURING PENDENCY OF CONCILIATION BEFORE LABOUR
COURT / TRIBUNAL / ARBITRATOR AND TWO MONTHS THEREAFTER
d) DURING THE PERIOD ON MATTERS COVERED WHEN A
SETTLEMENT OR AWARD IS IN OPERATION.
NOTE :
A STRIKE/LOCK OUT LEGALLY COMMENCED WOULD BECOME ILLEGAL IF
CONTINUED AFTER GOVERNMENT BANS IT UNDER SECTION 10(4A) AND 24

38. Y BHATT
iv) MANNER OF GIVING STRIKE/LOCKOUT NOTICE
STRIKE [22(4)]
NOTICE SHALL BE GIVEN IN FORM-L.
AS PRESCRIBED UNDER RULE 71 OF CENTRAL RULE OR
CORRESPONDING STATE RULE
LOCKOUT [22(5)].
NOTICE SHALL BE GIVEN IN FORM-M
AS PRESCRIBED UNDER RULE 72 OF CENTRAL RULE OR
CORRESPONDING STATE RULE.
v) DUTY OF EMPLOYER ON RECEIVING / GIVING NOTICE
ON RECEIVING STRIKE NOTICE / OR GIVING LOCKOUT NOTICE. [RULES 71,
72, 73, 74 AND Sn.22(3), 22(6)]. SHOULD INFORM THE APPROPRIATE
GOVERNMENT WITHIN FIVE DAYS OF RECEIPT OF NOTICE [22(6)] AND ALSO
FORTHWITH INFORM THE CONCILIATION OFFICER [RULE-71(2)]. LOCKOUT
NOTICE MUST BE DISPLAYED ON NOTICE BOARD AT THE ENTRANCE [RULE- 72].
A REPORT ON STRIKE / LOCKOUT SHOLD BE SENT IN FORM-N AS PER SECTION
22(3), RULES 73, 74.

39. Y BHATT
vi) CONSEQUENCES OF ILLEGAL STRIKES / LOCKOUTS
ON WORKMEN
- ALL WORKMEN NO WAGES
- INSTIGATORS COULD BE PUNISHED/IMPRISONED UNDER
SECTIONS 26, 27, 28.
ON EMPLOYER
- WILL HAVE TO PAY WAGES AND CAN BE
PUNISHED/IMPRISONED UNDER SECTIONS 26, 27, 28.
ON ANY PERSON
- ANY PERSON EXTENDING FINANCIAL ASSISTANCE TO FURTHER AN
ILLEGAL STRIKE OR LOCKOUT WOULD BE VIOLATING
SECTION 25.

40. Y BHATT
vii) ROLE OF CONCILIATION OFFICER WHEN STRIKE NOTICE IS
ISSUED [Sn.12(1)]
- HE MAY HOLD CONCILIATION MEETINGS IF NOTICE IS IN NON-
PUBLIC UTILITY SERVICE.
- HE MUST HOLD CONCILIATION MEETINGS IF NOTICE IS IN
PUBLIC UTILITY INDUSTRY.
NOTE :
IN THE SYNDICATE BANK CASE [1994 II LLJ 836] SUPREME COURT
HELD THAT WORKMEN ON STRIKE WOULD BE ELIGIBLE TO CLAIM
WAGES ONLY IF THEY ESTABLISH THAT THEIR STRIKE WAS LEGAL
AND JUSTIFIED. IF IT WAS ONLY LEGAL BUT NOT JUSTIFIED, NO
WAGES IS PAYABLE.

41. Y BHATT
WHAT IS PUBLIC UTILITY SERVICE & ITS SIGNIFICANCE
I SIGNIFICANCE
a) UNDER SECTION 2(n) OF THE ID ACT 1947 CERTAIN CATEGORY OF
INDUSTRIES HAVE BEEN DECLARED AS PUBLIC UTILITY SERVICES.
b) AS PER SECTIONS 22 TO 24 MORE STRINGENT PROVISONS HAVE
BEEN PRESCRIBED FOR DECLARING LOCK OUTS (BY EMPLOYERS)
OR FOR ORGANISING STRIKES (BY WORKMEN) IN SUCH
INDUSTRIES.
II CONSEQUENCE
a) NON-OBSERVANCE BY EMPLOYERS WOULD MAKE THE LOCK OUT
ILLEGAL AND MAKE THE WORKMEN ELIGIBLE FOR WAGES FOR
THE PERIOD OF ILLEGAL LOCK OUT.
b) NON-OBSERVANCE BY WORKMEN WOULD MAKE THE STRIKE
ILLEGAL AND MAKE THEM DISENTITLED FOR WAGES FOR THE
STRIKE PERIOD.

42. Y BHATT
III CATEGORIES OF INDUSTRIES FALLING UNDER 'PUBLIC
UTILITY SERVICE'
SECTION 2(n) DECLARES CERTAIN TYPES OF DINDUSTRIES TO BE
PERMANENTLY PUBLIC UTILITY SERVICES AND SOME OTHERS
WHICH COULD BE DELCARED AS PUBLIC UTILITIES FOR
TEMPORARY PERIODS OF SIX MONTHS AT A TIME.
a) PERMANENT PUBLIC UTILITY SERVICES [Sn.2(n)(I TO v)]
i) ANY RAIL/TRANSPORT/AIR SERVICES/SERVICES IN MAJOR PORTS
OR DOCKS
ii) ANY SECTION OF AN INDUSTRY THE WORKING OF WHICH IS
ESSENTIAL FOR ENSURING SAFETY OF WORKMEN EMPLOYED.
iii) POST/TELEGRAPH/TELEPHONE SERVICES
iv) INDUSTRIES SUPPLYING POWER/LIGHT OR WATER TO PUBLIC
v) ANY SYSTEM OF PUBLIC CONSERVANCY SANITATION.

43. Y BHATT
b) TEMPORARY PUBLIC UTILITY SERVICES
i) SECTION 2n(vi) EMPOWERS THE CENTRAL/STATE GOVERNMENTS
TO DECLARE ANY INDUSTRY LISTED IN SCHEDULE -I OF THE ID
ACT AS PUBLIC UTILITY SERVICES
ii) SUCH DECLARATIONS BY THE APPROPRIATE GOVERNMENT IS
VALID FOR SIX MONTHS FROMDATE OF NOTIFICATION IN GAZETTE.
iii) GOVERNMENT CAN EXTEND THE VALIDITY BY RENEWING THE
DECLARATION AT THE END OF EACH SIX MONTH.
iv) IF THE DECLARATIONS ARE NOT RENEWED SUCH NOTIFIED
INDUSTRIES WOULD COME OUT OF THE DEFINITION OF PUBLIC UTILITY.
v) AS PER SCHEDULE-I, THE FOLLOWING CATEGORIES OF
INDUSTRIES COULD BE CLARED AS PUBLIC UTILITY FOR SIX MONTHLY
SPELLS THROUGH A GAZETTE NOTIFICATIONS:

44. Y BHATT
1 TRANSPORT SERVICES 2 BANKING
3 CEMENT 4 COAL
5 COTTON TEXTILES 6 FOOD STUFFS
7 IRON & STEEL 8 DEFENCE ESTABLISHMENTS
9 HOSPITALS & DISPENSARIES 10 FIRE BRIGADE
11 GOVERNMENT MINTS 12 INDIA SECURITY PRESSES
13 COPPER MINING 14 IRON ORE MINING
15 LEAD MINING 16 ZINC MINING
17 SERVICE IN ANY OIL FIELD 18 SERVICE IN URANIUM INDUSTRY
19 PYRITES MINING INDUSTRY 20 SECURITY PAPER , MILL, HOSHANGABD
21 SERVICES IN THE BANK 22 PHOSPHORITE MINING
23 MAGNESITE MINING 24 CURRENCY NOTE PRESS
25 FERTILIZER INDUSTRY 26 MANUFACTURING, MARKETING &
DISTRIBUTION OF PETROLEUM PRODUCTS
SCHEDULE-I

45. Y BHATT
b) PROVISIONS IN LAYOFF
i) WHAT SECTIONS AND CHAPTERS OF ID ACT REGULATE LAY OFF ?
SECTIONS 2(kkk), 25A, 25B, 25C, 25D, 25E OF CHAPTER VA AND
SECTIONS 25K, 25L, 25M, 25Q, AND 25S OF CHAPTER VB.
ii) WHAT IS LAY OFF' ?
AS PER SECTION 2(kkk) LAY OFF IS THE INABILITY / FAILURE /
REFUSAL OF THE EMPLOYER TO GIVE EMPLOYMENT TO WORKMEN ON
HIS MUSTER ROLLS (EXCLUDES BADLIS AND CASUALS) ON ACCOUNT
OF :
- SHORTAGE OF COAL / POWER / RAW MATERIALS
- ACCUMULATION OF STOCKS
- BREAKDOWN OF MACHINERY
- NATURAL CALAMITY (LIKE FLOODS / EARTHQUAKE /
FIRE / LIGHTNING, ETC) OR
- ANY OTHER CONNECTED REASON

46. Y BHATT
iii) IS THE LAY OFF PROVISIONS APPLICABLE TO ALL
INDUSTRIES FALLING UNDER Sn 2(j) ?
NO - LAY OFF PROVISIONS ARE APPLICABLE ONLY TO A LIMITED
CATEGORY OF INDUSTRIES LIKE FACTORES, MINES AND PLANTATIONS, THAT TOO IF
THEY ARE EMPLOYING MORE THAN 50 WORKMEN ON THE AVERAGE [25A(b) & 25
(k)]. IF THE ESTABLISHMENT IS OF SEASONAL CHARACTER OR IS OPERATING
ONLY INTERMITTENTLY ALSO LAY OFF PROVISIONS WILL NOT APPLY [SEE
SECTIONS 25A(b) & 25(k)].
iv) ARE WORKMEN REQUIRED TO PUT IN A MINIMUM
QUALIFYING SERVICE FOR BEING ELIGIBLE FOR LAY OFF
COMPENSATION ?
AS PER SECTION 25(B) ONLY WORKMEN WHO HAVE PUT IN ONE YEAR
'CONTINUOUS SERVICE' (RECKONED FROM THE DATE OF LAY OFF) ARE ELIGIBLE TO
LAY OFF COMPENSATION.
ONE YEAR CONTINUOUS SERVICE MEANS PERMANENT EMPLOYMENT OR
WORKING FOR 240 DAYS IN A PERIOD OF 12 MONTHS. 240 DAYS WILL
INCLUDE DAYS OF SICKNESS/EARNED LEAVE AVAILED/ACCIDENT
LEAVE/MATERNITY LEAVE/STRIKE WHICH IS NOT ILLEGAL/LOCK OUT DAYS/AND
CESSATION OF WORK NOT DUE TO FAULT OF WORKMAN.

47. Y BHATT
v) ARE ANY CATEGORY OF WORKMEN EXCLUDED FROM LAY
OFF BENEFITS ?
AS PER SECTION 25(C) AND 25(M) BADLIS AND CASUALS ARE
INELIGIBLE UNLESS THEY HAVE PUT IN 240 DAYS ATTENDANCE IN 12
MONTHS PRIOR TO DATE OF LAY OFF.
vi) IS PRIOR GOVERNMENT APPROVAL REQUIRED FOR LAYING
OFF WORKMEN ?
ESTABLISHSMENTS EMPLOYING AVERAGE OF 50 WORKMEN OR
MORE DURING THE MONTH PRIOR TO LAY OFF AND EMPLOYING
LESS THAN 100 WORKMEN ON AN AVERAGE ARE REGULATED BY
PROVISIONS OF CHAPTER VA AND NEED NOT TAKE ANY
PERMISSION.
ESTABLISHMENTS WHICH EMPLOYED AVERAGE OF 100 OR MORE
WORKMEN DURING THE 12 MONTHS PRIOR TO LAY OFF ARE
REGULATED BY CHAPTER VB AND MUST OBTAIN PRIOR PERMISSION FROM
APPROPRIATE GOVERNMENT.

48. Y BHATT
NOTE
FOR ESTABLISHMENTS HAVING MORE THAN 51% CENTRAL
GOVERNMENT SHARE CAPITAL THE APPROPRIATE GOVERNMENT FOR
LAY OFF WILL BE ONLY THE CENTRAL GOVERNMENT AND NOT THE STATE
GOVERNMENT [SEE Sn.25(L)(b)].
vii) WHAT HAPPENS IF PERMISSION IS NOT APPLIED FOR OR
PERMISSION IS DENIED BY GOVERNMENT ?
WORKMEN WILL BE ELIGIBLE TO RECEIVE FULL WAGES FOR THE
ENTIRE LAY OFF PERIOD.
viii) WHAT IS THE NORMAL RATE OF LAY OFF COMPENSATION ?
NORMAL RATE OF COMPENSATION PAYABLE IS 50% OF BASIC + DA
[25(C) IF PERMISSION IS REFUSED OR NOT OBTAINED MUST PAY
FULL WAGES [25 (M)(8)].

49. Y BHATT
ix) WHAT IS THE PROCEDURE FOR APPLYING FOR PERMISSION ?
ESTABLISHMENTS ATTRACTED BY CHAPTER VB MUST SUBMIT
APPLICATION TO APPROPRIATE GOVERNMENT IN FORM-03. MUST
ALSO NOTIFY REGIONAL LABOUR COMMISSIONER THE COMMENCEMENT
AND CONCLUSION OF LAY OFF IN FORMS 01 AND 02 WITHIN 7 DAYS
[SECTIONS 25(M) AND R 75A]. GOVERNMENT MAY GRANT / REFUSE
PERMISSION WITHIN 60 DAYS OF SUBMISSION OF APPLICATION. IF NO
REPLY FROM GOVERNMENT - AFTER 60 DAYS PERMISSION CAN BE
ASSUMED [SECTION 25(M)(5)].
x) CAN EMPLOYER DENY LAY OFF PAYMENT IN ANY
CIRCUMSTANCES ?
UNDER CERTAIN CONTINGENCIES MENTIONED IN SECTION 25(E)
ESTABLISHMENTS ATTRACTED BY CHAPTER VA CAN REFUSE TO
PAY LAY OFF COMPENSATION. IF WORKMEN REFUSE TO ACCEPT
ALTERNATE EMPLOYMENT UNDER SAME EMPLOYER WITHIN RADIUS
OF 5 MILES [25(E)(1)]. IF HE DOES NOT REPORT FOR GIVING
ATTENDANCE [25(E)(2)]. IF LAY OFF IS DUE TO STRIKE OR GO SLOW BY
ANOTHER SECTION OF WORKMEN [25(E)(3)].

50. Y BHATT
NOTE
THIS DENIAL OF COMPENSATION IS NOT APPLICABLE TO ESTABLISHMENTS
FALLING UNDER CHAPTER VB.
xi) CAN AN EMPLOYER RESORT TO RETRENCHMENT AFTER CERTAIN
DURATION OF LAY OFF ?
AS PER SECTION 25 C AN EMPLOYER GOVERNED BY CHAPTER VA (NOT
APPLICABLE TO CHAPTER V B) CAN AFTER 45 DAYS LAY OFF IN 12 MONTHS
RETRENCH HIS WORKMEN OR SIGN A SETTLEMENT WITH THE WORKMEN TO
RETAIN THEM ON THE MUSTER ROLLS WITHOUT PAYMENT OF LAY OFF
COMPENSATION. IF HE RESORTS TO RETRENCHMENT HE MUST FOLLOW THE
PROCEDURE AND PROVISIONS OF RETRENCHMENT STIPULATED IN SECTION
25F. WHILE PAYING RETRENCHMENT COMPENSATION HE CAN REDUCE THE AMOUNT
OF ALY OFF COMPENSATION PAID DURING THE PREVIOUS 12 MONTHS [25(C )].
xii) WHAT ARE THE EMPLOYERS OBLIGATIONS ?
TO MAINTAIN MUSTER ROLL OF WORKMEN [Sn.25(D)]
APPLY FOR PERMISSION IN FORM 03 [Sn.25(M)(2)]
SUBMIT RETURN IN FORMS 0-1 AND 02 [Sn.25(M)(2)]
PAY HALF/FULL WAGES AS COMPENSATION [Sn.25© & 25(M)]

51. Y BHATT
C PROVISIONS ON 'RETRENCHMENT'
i) WHAT AMOUNTS TO RETRENCHMENT [DEFINITION SECTION 2(00)] ?
AS PER SECTION 2(00) ALL TYPES OF TERMINATION OF A
WORKMAN BY AN EMPLOYER WOULD BE RETRENCHMENT, UNLESS IT
IS A TERMINATION BY WAY OF DISCIPLINARY ACTION OR IT FALLS
UNDER ANY ONE OF THE FOLLOWING FOUR EXCEPTIONS :
1) VOLUNTARY RETIREMENT
2) RETIREMENT ON REACHING THE AGE OF SUPERANNUATION (IF
THERE IS A STIPULATION IN THE CONTRACT OF EMPLOYMENT)
3) TERMINATION RESULTING OUT OF NON-RENEWAL OF A FIXED
TERM CONTRACT EMPLOYMENT.
4) TERMINATION ON ACCOUNT OF CONTINUED ILL- HEALTH.

52. Y BHATT
ii) IS PRIOR PERMISSION REQUIRED FROM THE APPROPRIATE
GOVERNMENT FOR RESORTING TO RETRENCHMENT ?
NO PERMISSION REQUIRED IF ESTABLISHMENT EMPLOYED LESS THAN 100 WORKMEN
(AVERAGE FOR THE PREVIOUS 12 MONTHS) -Sn.25K. MAKING OF APPLICATION AND
OBTAINING PRIOR PERMISSION FROM APPROPRIATE GOVERNMENT (OR NOTIFIED
AUTHORITY) IS REQUIRED IN ESTABLISHMENTS (LIKE 'FACTORIES', 'MINES' AND
'PLANTATIONS' ONLY) WHICH EMPLOYED MORE THAN 100 WORKMEN (AVERAGE FOR
PREVIOUS 12 MONTHS) Sn.25N(1)(b), 25L(a), 25L(b), AND 2(a)]. SUCH APPLICATION FOR
PRIOR PERMISSION SHOULD BE MADE IN ADVANCE AND IF NOT TURNED DOWN, AFTER 60
DAYS IT CAN BE PRESUMED THAT PERMISSION IS GIVEN - Sn.25N(4).
NOTE
1) WHILE GIVING OF NOTICE AND PAYMENT OF COMPENSATION TO WORKMEN IS
APPLICABLE TO ALL TYPES OF INDUSTRIAL ESTABLISHMENTS, THE REQUIREMENT OF
APPLYING AND OBTAINING PRIOR GOVERNMENT PERMISSION IS APPLICABLE ONLY TO
THREE CATEGORIES OF INDUSTRIAL ESTABLISHMENTS, VIZ FACTORIES, MINES AND
PLANTATIONS [25L(a)].
2) PUBLIC SECTOR UNDERTAKINGS IN WHICH CENTRAL GOVERNMENT HAS AT LEAST
51% SHARE CAPITAL SHOULD APPLY AND OBTAIN PERMISSION FROM THE CENTRAL
GOVERNMENT AND NOT THE STATE GOVERNMENT EVEN IF THE APPROPRIATE
GOVERNMENT FOR THEM UNDER SECTION 2(a) IS THE STATE GOVERNMENT [SEE Sn.25L(b)].

53. Y BHATT
iii) POWER OF GOVERNMENT TO GRANT/REFUSE/REVIEW
PERMISSION [25 N(1) TO (9)]
UNDER Sn.25N(3) GOVERNMENT CAN GRANT/REFUSE PERMISSION,
BUT MUST GIVE REASON FOR THIS TO EMPLOYER AND WORKMEN.
UNDER Sn.25N(6) GOVERNMENT CAN REVERSE ITS EARLIER ORDER
GRANTING OR REFUSING PERMISSION AND ISSUE FRESH ORDERS.
GOVERNMENT CAN ALTERNATIVELY UNDER Sn.25N(6) REFER THE
ISSUE OF PERMISSION TO TRIBUNAL FOR GRANTING OR REFUSING
PERMISSION AND SUCH TRIBUNAL SHOULD PASS AN ORDER IN 30
DAYS. ANY ORDER PASSED BY GOVERNMENT/APPROPRIATE
AUTHORITY SHALL AS PER Sn.25N(5) BE BINDING FOR A PERIOD OF
ONE YEAR.
NOTE
IF WORKMEN HAVE BEEN RETRENCHED WITHOUT PERMISSION (IN
ABOVE 100 WORKMEN CASE) OR PERMISSION HAS BEEN REFUSED
THE AFFECTED WORKMEN WILL GET ALL BENEFITS AS IF THEY
WERE NEVER TERMINATED [Sn.25N(7)].

54. Y BHATT
iv) NOTICE, IF ANY, REQUIRED TO BE GIVEN TO WORKMEN TO
BE RETRENCHED
IN SMALLER ESTABLISHMENTS (AVERAGE LESS THAN 100
WORKMEN) MINIMUM ONE MONTH’S NOTICE OR ONE MONTH’S PAY IN LIEU
OF NOTICE MUST BE GIVEN [Sn. 25F(a)] IN LARGER
ESTABLISHMENTS( AVERAGE MORE THAN 100 WORKMEN) MINIMUM THREE
MONTHS NOTICE OR THREE MONTH’S PAY IN LIEU OF NOTICE MUST BE
GIVEN [Sn. 25 N(1)(a)].
v) EXTENT OF COMPENSATION PAYABLE TO RETRENCHED
WORKMEN
ELIGIBLE FOR 15 DAYS AVERAGE PAY FOR EVERY COMPLETED
YEAR OF CONTIINUOUS SERVICE OR PART IN EXCESS OF SIX MONTHS IF
THE WORKMEN SATISFIES THE REQUIREMENT OF ATTENDANCE
UNDER Sn. 25B(1) & (2) [Sn.25N(9), 25F(b), AND 25B(1) & (2)]. IF UNDER
ANY OTHER LAW OR STANDING ORDERS WORKMEN ARE ELIGIBLE
TO A HIGHER QUANTUM OF COMPENSATION, THAT HIGHER QUANTUM
WILL PREVAIL [Sn.25J(1)].

55. Y BHATT
NOTE
IN ESTABLISHMENTS EMPLOYING LESS THAN 100 WORKMEN
(AVERAGE OF THE PREVIOUS 12 MONTHS) IF LAY OFF HAS EXCEEDED
45 DAYS DURING THE IMMEDIATE PRECEDING 12 MONTHS, THE LAY
OFF COMPENSATION PAID CAN BE OFFSET FROM THE
RETRENCHMENT COMPENSATION PAYABLE TO THE WORKMEN [25C
(PROVISO)].
vi) PROCEDURE FOR RESORTING TO RETRENCHMENT
NOTICE MUST BE SENT TO THE APPROPRIATE GOVERNMENT
/NOTIFIED AUTHORITY IN FORM P UNDER RULE 76. APPLICATION
FOR PERMISSION MUST BE MADE IN FORM PA UNDER RULE 76-A(1) OR
FORM PB UNDER RULE 76-A(2) AS THE CASE MAY BE. A CATEGORY
WISE WORKMEN SENIORITY LIST MUST BE PREPARED AND IN EACH
CATEGORY THE LEAST SENIOR, MUST GO OUT FIRST - EXCEPTIONS CAN
BE MADE WITH PROPER REASONS RECORDED AND THE SENIORITY LIST
SHOLD BE DISPLAYED AS PER RULE 77 [Sn.25G].

56. Y BHATT
vii) HAVE RETRENCHED WORKMEN THE RIGHT TO RE-
EMPLOYMENT ?
IF AT ANY LATER DATE THE PLANT OR PROCESS IS RESTARTED,
RETRENCHED WORKMEN SHOULD BE GIVEN PREFERENCE FO RE-
EMPLOYMENT AND THE INTIMATION GIVEN TO THE CONCERNED
WORKMEN AND UNION AND NOTICE DISPLAYED AT LEAST 10 DAYS
BEFORE FILLING UP THE VACANCY. [Sn.25H, R-78].
viii) IMPACT OF OTHER LAWS
ANY PROVISION ON RETRENCHMENT IN ANY OTHER LAW OR
STANDING ORDERS INCONSISTENT WITH THE PROVISIONS IN THE ID
ACT SHALL BE NULL AND VOID. HOWEVER, IF MORE BENEFICIAL
TERMS EXIST THOSE WILL PREVAIL [Sn.25J].
Ix) CONSEQUENCES OF VIOLATING THE PROVISIONS ON
RETRENCHMENT
AS PER Sn.25Q IMPRISONMENT UPTO ONE MONTH OR Rs.1000/-
FINE OR BOTH.

57. Y BHATT
x) SUMMARY OF SECTIONS ON RETRENCHMENT
SECTIONS 2(00), 25B, 25C, 25F, 25G, 25H, 25J, 25K, 25L, 25Q, 25S
RULES : 76, 76A, 77, 78
FORMS:P, PA, PB
d) PROVISIONS ON 'CLOSURE'
i) WHAT AMOUNTS TO CLOSURE [2n.2(cc)] ?
A PERMANENT CLOSURE OF (a) A PLACE OF EMPLOYMENT, OR (b)
A PART OF THE ESTABLISHMENT.

58. Y BHATT
ii) IS PRIOR PERMISSION REQUIRED FROM THE APPROPRIATE
GOVERNMENT FOR CLOSING DOWN AN ESTABLISHMENT ?
NO PERMISSION REQUIRED IF ESTABLISHMENT EMPLOYED LESS THAN 100
WORKMEN (AVERAGE FOR PREVIOUS 12 MONTHS) [Sn.25 K] MAKING OF
APPLICATION AND OBTAINING PRIOR PERMISSION FROM APPROPRIATE
GOVERNMENT (OR NOTIFIED AUTHORITY) IS REQUIRED IF THE ESTABLISHMENT IS A
'FACTORY', 'MINE' OR 'PLANTATION' WHICH EMPLOYED MORE THAN 100 WORKMEN
(AVERAGE OF PREVIOUS 12 MONTHS) [Sn.25-O(I), 25L(a), 25L(b), 2(a)]. SUCH
APPLICATION FOR PRIOR PERMISSION SHOLD BE SUBMITTED AT LEAST 90 DAYS IN
ADVANCE OF PROPOSED DATE OF CLOSURE - COPY OF APPLICATION TO BE
SENT TO UNION/WORKMEN REPRESENTATIVES [25(O)(1)] IF NO REPLY IS
RECEIVED FROM GOVERNMENT WITHIN 60 DAYS, APPROVAL CAN BE
PRESUMED [25(O)(3)].
NOTE
1) PRIOR PERMISSION REQUIRED ONLY FOR 'FACTORIES', 'MINES' AND
'PLANTATIONS'.
2) PUBLIC SECTOR UNDERTAKINGS IN WHICH CENTRAL GOVERNMENT HAS AT
LEAST 51% SHARE CAPITAL SHOLD APPLY AND OBTAIN PERMISSION FROM
CENTRAL GOVERNMENT AND NOT THE STATE GOVERNMENT EVEN IF THE
APPROPRIATE GOVERNMENT FOR THEM UNDER SECTION 2(a) IS THE STATE
GOVERNMENT [Sn.25L(b), 2(a)].

59. Y BHATT
iii) POWER OF GOVERNMENT TO GRANT/REFUSE/REVIEW
PERMISSION
UNDER Sn.25(O)(2) GOVERNMENT CAN GRANT/REFUSE
PERMISSION, BUT MUST GIVE REASON FOR THIS TO EMPLOYER
AND WORKMEN. UNDER Sn.25(O)(5) GOVERNMENT CAN REVERSE ITS
EARLIER ORDER GRANTING OR REFUSING PERMISSION AND ISSUE
FRESH ORDERS.
GOVERNMENT CAN ALTERNATIVELY UNDER Sn.25(O)(5) REFER THE
ISSUE OF PERMISSION TO A TRIBUNAL FOR GRANTING OR
REFUSING PERMISSION AND SUCH TRIBUNAL SHOULD PASS AN
ORDER IN 30 DAYS. ANY ORDER PASSED BY
GOVERNMENT/APPROPRIATE AUTHORITY SHALL AS PER Sn.25(O)(4)
BE BINDING FOR A PERIOD OF ONE YEAR. IF NO ORDER IS PASSED
WITHIN 60 DAYS OF MAKING APPLICATION AS PER Sn.25(O)(3) IT CAN
BE PRESUMED THAT PERMISSION HAS BEEN GIVEN.

60. Y BHATT
NOTE :
1) WHERE THE ESTABLISHSMENT HAS BEEN CLOSED WITHOUT
MAKING AN APPLICATION OR WITHOUT OBTAINING PERMISSION
FROM THE GOVERNMENT OR WHEN THE PERMISSION HAS BEEN
REFUSED AS PER Sn.25(O)(6), AFFECTED WORKMEN WILL BE ENTITLED
TO ALL BENEFITS AND BE TREATED AS IF THE UNDERTAKING WAS NOT
CLOSED DOWN.
2) IN CASES LIKE CLOUSURE DUE TO DEATH OF AN EMPLOYER OR
DUE TO ACCIDENT IN THE ESTABLISHMENT AS PER Sn. 25(O)(7)
GOVERNMENT CAN GRANT RELAXATION OR EXEMPTION FROM THE
VARIOUS PROVISIONS ON CLOSURE.

61. Y BHATT
Iv) NOTICE, IF ANY, REQUIRED TO BE GIVEN BEFORE CLOSURE
OF UNDERTAKING
AS PER Sn.25FFA AND RULE 76B IN SMALLER ESTABLISHMENTS
(EMPLOYING LESS THAN 100 WORKMEN BUT ABOVE 50 WORKMEN) NOTICE OF
CLOSURE IN FORM 'Q' MUST BE GIVEN BY REGISTERED POST TO :
a) APPROPRIATE GOVERNMENT
b) REGIONAL LABOUR COMMISSIONER
c) EMPLOYMENT EXCHANGE CONCERNED
IN LARGER ESTABLISHMENT (EMPLOYING MORE THAN 100 WORKMEN ON
AN AVERAGE FOR PREVIOUS 12 MONTHS) AS PER Sn.25(O)(1) AND RULE 76
C NOTICE OF CLOSURE MUST BE GIVEN IN FORM 'QA' TO THE APPROPRIATE
GOVERNMENT BY REGISTEREDPOST. IN ADDITION TO NOTICE UNDER S
n.25(O)(3) AND RULE 76C IN FORM 'QB' (IN TRIPLICATE) MUST BE SENT BY
REGISTERED POST TO THE APPROPRIATE GOVERNMENT. AS PER RULE
76C(3) THE EMPLOYER IS BOUND TO SUPPLY ADDITIONAL INFORMATION, IF
ANY, CALLED FOR BY GOVERNMENT. AS PER RULE 76C(2) THE DATE ON
WHICH THE REGISTERED POST IS RECEIVED BY GOVERNMENT SHALL BE
TREATED AS THE DATE OF FILING THE APPLICATION FOR PERMISSION.

62. Y BHATT
v) EXTENT OF COMPENSATION PAYABLE TO AFFECTED
WORKMEN
AS PER Sn.25FFF IN SMALLER ESTABLISHMENTS (AVERAGE LESS
THAN 100 WORKMEN) WORKMEN SATISFYING THE ATTENDANCE
REQUIREMENT OF Sn.25B ARE ENTITLED TO COMPENSATION AS IF THEY WERE
RETRENCHED (15 DAYS WAGES PER YEAR OF SERVICE). HOWEVER,
IF THE ESTABLISHMENT CAN JUSTIFY THAT IT HAD TO BE CLOSED
DOWN DUE TO CIRCUMSTANCES BEYOND THE EMPLOYERS CONTROL
(PLEASE SEE EXPLANATION TO 25FFF AS TO WHAT WOULD NOT BE
TREATED AS FACTORS BEYOND THE CONTROL) THE MAXIMUM
COMPENSATION PAYABLE WOULD BE LIMITED TO THREE MONTHS WAGES
[PLEASE ALSO SEE Sn.25FFF(1A) ON CLOSURE OF MINING ESTABLISHMENT
AND Sn.25FFF(2) ON CONSTRUCTION ESTABLISHMENT].
IN LARGER ESTABLISHMENTS (EMPLOYING MORE THAN 100
WORKMEN ON AN AVERAGE DURING THE PREVIOUS 12 MONTHS) AS
PER Sn.25(O)(8) COMPENSATION AT THE RATE OF 15 DAYS WAGES PER
YEAR OF SERVICE IS PAYABLE AND AS PER Sn.25J IF UNDER ANY OTHER LAW
OR CONTRACT/STANDING ORDER THEY ARE ELIGIBLE FOR BETTER RATE
OF COMPENSATION THE HIGHER OR BETTER RATE WILL PREVAIL.

63. Y BHATT
vi) CONSEQUENCIES OF VIOLATING THE PROVISIONS ON CLOSURE
AS PER Sn.25R ANY EMPLOYER WHO CLOSES DOWN AN
ESTABLISHMENT WITHOUT COMPLYING WITH THE PROVISIONS OF
Sn.25(O)(1) SHALL BE PUNISHABLE WITH IMPRISONMENT FOR 6 MONTHS
OR WITH FINE UPTO Rs.5,000/- OR BOTH.
vii) SUMMARY OF SECTIONS
2(cc), 25B, 25FA, 25FFF, 25J, 25K, 25L, 25O, 25R, 25S.
e) PROVISIONS FOR ALTERATION OF SERVICE CONDITIONS /
ISSUE OF 'NOTICE OF CHANGE'
i) CAN AN EMPLOYER UNILATERALLY ALTER THE CONDITIONS OF
SERVICE APPLICABLE TO WORKMEN ?
ON ANY ITEMS LISTED IN SCHEDULE IV OF THE ID ACT, HE CANNOT
ALTER, UNLESS HE GIVES A NOTICE OF CHANGE AS
CONTEMPLATED IN SECTION 9A OF THE ACT.

64. Y BHATT
ii) WHAT KIND OF NOTICE MUST BE GIVEN ?
AS PER Sn.9A(b) HE SHOULD GIVE AT LEAST 21 DAYS ADVANCE
NOTICE. IF THE CHANGE IS MADE AS A RESULT OF AN AGREEMENT, NO
NOTICE IS REQUIRED [Sn.9A, PROVISO (a)] OR THE WORKMEN BELONG
TO THE CATEGORIES LISTED IN PART(b) OF THE PROVISO TO 9A.
THE NOTICE MUST BE GIVEN IN FORM-E AS PER RULE 34.
Iii) EFFECT OF GIVING NOTICE
IF WORKMEN/UNIONS DO NOT OBJECT TO THE CHANGE, THE
CHANGE CAN BE EFFECTED AFTER 21 DAYS [Sn.9A(1)]. IF WORKMEN
OPPOSE THE CHANGE, THE ISSUE WILL BE TAKEN UP IN CONCILIATION
AND THE EMPLOYER WILL HAVE TO AWAIT THE OUTCOME OF THE
CONCILIATION MEETING/ADJUDICATION PROCESS [Sn.33(1)].

65. Y BHATT
iv) WHAT ARE THE 11 ITEMS LISTED IN SCHEDULE IV FOR
WHICH NOTICE OF CHANGE NEEDS TO BE GIVEN ?
WAGES, INCLUDING THE PERIOD AND MODE OF PAYMENT;
CONTRIBUTION PAID, OR PAYABLE, BY THE EMPLOYER TO ANY PROVIDENT
FUND OR PENSION FUND OR FOR THE BENEFIT OF THE WORKMEN UNDER
ANY LAW FOR THE TIME BEING IN FORCE; COMPENSATORY AND
OTHER ALLOWANCE; STARTING ALTERATION OR DISCONTINUANCE
OF SHIFT WORKING OTHERWISE THAN IN ACCORDANCE WITH
STANDING ORDERS; CLASSIFICATION BY GRADES; WITHDRAWAL OF
ANY CUSTOMARY CONCESSION OR PRIVILEGE OR CHANGE IN
USAGE; INTRODUCTION OF NEW RULES OF DISCIPLINE, OR
ALTERATION OF EXISTING RULES, EXCEPT IN SO FAR AS THEY ARE
PROVIDED IN STANDING ORDERS; RATIONALISATION, STANDARDISATION
OR IMPROVEMENT OF PLANT OR TECHNIQUE WHICH IS LIKELY TO
LEAD TO RETRENCHMENT OF WORKMEN; ANY INCREASE OR
REDUCTION (OTHER THAN CASUAL IN THE NUMBER OF PERSONS
EMPLOYED OR TO BE EMPLOYED IN ANY OCCUPATION OR PROCESS
OR DEPARTMENT OR SHIFT(NOT OCCASIONAED BY CIRCUMSTANCES
OVER WHICH THE EMPLOYER HAS NO CONTROL).

66. Y BHATT
v) POWER TO EXEMPT
UNDER Sn.9B THE GOVERNMENT HAS POWER TO EXEMPT ANY
ESTAB LISHSMENT FROM THE REQUIREMENT OF GIVING NOTICE OF
CHANGE UNDER Sn.9A.
VI PROVISIONS FOR 'RECOVERY OF MONEY DUE FROM AN
EMPLOYER' UNDER THE INDUSTRIAL DISPUTES ACT 1947.
a) WHO AND WHEN CAN MONEY CLAIMS BE PUT UP ?
i) WHAT KIND OF MONEY CLAIMS CAN BE PUT UP UNDER SECTION 33 ?
ANY MONIES DUE TO A WORKMAN/WORKMEN UNDER A
SETTLEMENT OR AWARD AND ANY COMPENSATION PAYABLE TO A
WORKMAN FOR LAY OFF/ RETRENCHMENT/ CLOSURE [Sn.33C].
ii) WHO CAN FILE THE MONEY CLAIMS ?
WORKMAN HIMSELF ANY OTHER PERSON AUTHORISED AFTER
DEATH OF WORKMAN HIS ASSIGNS/LEGAL HEIRS [Sn.33C, R-62(1),
62(2)].

67. Y BHATT
NOTE
IF MORE THAN ONE WORKMAN HAVE SIMILAR CLAIMS, THEY CAN
ALL JOINTLY FILE A COMMON CLAIM AS PER Sn.33C(5).
iii) TIME LIMIT FOR FILING THE CLAIMS
AS PER FIRST PROVISO TO 33C(1), MUST BE FILED WITHIN ONE
YEAR OF THE AMOUNT BECOMING DUE FOR PAYMENT. AS PER THE
SECOND PROVISO TO 33(C )(2), GOVERNMENT CAN CONDONE THE
DELAYED SUBMISSION OF CLAIMS IF PROPER REASON IS PUT UP.
b) TYPES OF CLAIMS
WHERE ONLY THE RIGHT TO CLAIM IS ESTABLISHED BUT THE
EXTENT OF THE CLAIM OR ITS EXACT MONEY VALUE IS NOT KNOWN A
CLAIM ;PETITION IS TO BE FILED UNDER Sn.33C(1), RULE 62(1) IN
FORM K-1 OR K-2. IF THE ACTUAL MONEY VALUE IS PRE-
DETERMINABLE A CLAIM PETITON IS TO BE FILED UNDER Sn.33C(2)
RULE 62(2) IN FORMS K- 3 OR K- 4.

68. Y BHATT
c) ENFORCEMENT OF CLAIMS
i) GOVERNMENT WILL REFER THE CLAIM PETITION TO THE LABOUR
COURT FOR DETERMINATION
THE COURT WILL PASS NECESSARY AWARD (ORDER) AND SEND IT
TO THE GOVERNMENT [Sn. 33(4)].
THE GOVERNMENT WILL THEN FORWARD THE ORDER TO THE
COLLECTOR TO EXCEUTE THE ORDER BY ATTACHING THE
EMPLOYER’S PROPERTY AND RECOVERING THE MONEY AND
PAYING IT TO THE WORKMAN / WORKMEN [Sn. 33(C)(1),33(C)(4)].
WHAT ARE THE PROVISIONS ON ‘WORKS COMMITTEE’ UNDER THE
INDUSTRIAL DISPUTES ACT 1947?WHAT IS A WORKS COMMITTEE?
IT IS A COMMITTEE CONSISTING OF EQUAL NUMBER OF
MANAGEMENT AND WORKMEN REPRESENTATIVES SET UP FOR
PROMOTING AMITY AND GOOD RELATIONS AND EMPOWERED TO
COMMENT ON MATTERS OF COMMON INTEREST AND TO
ENDEAVOUR TOWARDS REDUCING DIFFERENCES IN THE VIEW
POINTS BETWEENTHEM [Sn.3(2)].

69. Y BHATT
ii) WHEN DOES IT BECOME OBLIGATORY TO SET UP A WORKS
COMMITTEE ?
IN ESTABLISHSMENTS WHICH EMPLOY MORE THAN 100 WORKMEN
OR HAD EMPLOYED MORE THAN 100 WORKMEN ON ANY DAY IN THE
PREVIOUS 12 MONTHS, OBLIGATION ACTUALLY ARISES ONLY WHEN
THE GOVERNMMENT THROUGH A GENERAL/SPECIAL ORDER
REQUIRES SETTING UP OF A WORKS COMMITTEE [Sn.3(1)].
iii) MANNER OF CONSTITUTING A WORKS COMMITTEE
THE WORKMEN REPRESENTATIVES SHALL BE ELECTED AND
MANAGEMENT REPRESENTATIVES CAN BE NOMINATED [R-40] DIVISION OF
CONSTIUTENCIES WITHIN THE ESTABLISHMENT SHALL BE MADE IN
CONSULTATION WITH THE UNIONS AFTER COMPLYING WITH PROCEDURE
OUTLINED IN RULES 41 TO 43. CANDIDATES CONTESTING SHALL BE AT
LEAST 19 YEARS OF AGE AND HAVE AT LEAST ONE YEAR SERVICE.
WORKMEN WHO HAVE AT LEAST SIX MONTHS SERVICE AND ABNOVE
THE AGE OF 18 COULD VOTE IN THE ELECTIONS. ELECTIONS SHALL BE
CONDUCTED IN COMPLIANCE WITH THE PROCEDURE LAID DOWN IN
RULES 46 TO 50.

70. Y BHATT
iv) OFFICE BEARERS
COMMITTEE SHALL HAVE A CHAIRMAN, VICE CHAIRMAN,
SECRETARY AND JOINT SECRETARY [R-52]
v) TERM OF OFFICE
THE COMMITTEE ONCE SET UP WILL HAVE A TWO YEAR TERM OF
OFFICE. MID TERM VACANCIES SHOLD BE FILLED AS PER RULE 52.
vi) MEETINGS
COMMITTEE SHALL MEET AT LEAST ONCE IN A QUARTER [R-55]
EMPLOYER SHOULD PROVIDE NECESSARY FACILITIES FOR HOLDING
THE MEETINGS [R-56]
vii) DISSOLUTION
THE CENTRAL GOVERNMENT OR OTHER AUTHORISED AUTHORITY
COULD DISSOLVE A WORKS COMMITTEE AS PER RULE 57.

71. Y BHATT
viii) SUBMISSION OF RETURNS
THE EMPLOYER IS REQUIRED TO SUBMIT HALF YEARLY RETURN IN
FORM G-1 IN TRIPLICATE [R-56-A]
ix) SUBJECTS THAT COULD BE DISCUSSED IN THE WORKS
COMMITTEE
THIS IS NOT SPECIFICALLY LISTED IN THE INDUSTRIAL DISPUTES
ACT OR RULES. HOWEVER THE TRIPARTITE LABOUR
CONFERENCE HELD IN 1959 HAS DRAWN UP A LIST OF DOS AND
DON'TS FOR THE WORKS COMMITTEE.
x) MATTERS THAT COULD BE DISCUSSED AT THE WORKS
COMMITTEE
CONDITIONS OF WORK SUCH AS VENTILATION, LIGHTING,
TEMPERATURE AND SANITATION, INCLUDING LATRINES AND URINALS.
AMENITIES SUCH AS DRINKING WATER, CANTEEN REST ROOMS,
MEDICAL AND HEALTH SERVICES. SAFETY AND ACCIDENT
PREVENTION, OCCUPATIONAL DISEASES AND PROTECTIVE
EQUIPMENTS. ADJUSTMENT OF NATIONAL AND FESTIVAL HOLIDAYS.
PROMOTION OF THIRFT AND SAVINGS.

72. Y BHATT
xi) MATTERS WHICH CANNOT BE DISCUSSED AT THE WORKS
COMMITTEE
WAGES AND ALLOWANCES
BONUS AND PROFIT SHARING BONUS
RATIONALISATION AND MATTERS CONNECTED WITH THE FIXATION OF
WORKLOAD
MATTERS CONNECTED WITH THE FIXATION OF A STANDARD LABOUR
FORCE
PROGRAMMES OF PLANNING AND DEVELOPMENT
MATTERS CONNECTED WITHRETRENCHMENT AND LAYOFF
VICTOMISATION FOR TRADE UNION ACTIVITIES
PROVIDENT FUND, GRATUITY SCHEME AND RETIREMENT BENEFITS
QUANTUM OF LEAVE AND NATIONAL AND FESTIVAL HOLIDAYS
INCENTIVE SCHEME
HOUSING AND TRANSPORT SERVICE.
b) PROVISIONS ON 'UNFAIR LABOUR PRACTICE'
i) PROHIBITION ON EMPLOYER/UNIONS/WORKMEN
SECTION 25 T OF THE ID ACT PROHIBITS EMPLOYERS/WORKMEN/UNIONS
INDULGING IN ACTS LISTED AS UNFAIR LABOUR PRACTICES UNDER
SCHEDULE-V TO THE ID ACT [Sn.2(ra), 25T, Sch.V]

73. Y BHATT
ii) WHAT ARE THE UNFAIR LABOUR PRACTICES LISTED AGAINST
EMPLOYERS ?
THE FOLLOWING ARE THE IMPORTANT UNFAIR LABOUR
PRACTICES LISTED AGAINST EMPLOYERS :
1) THREATENING WORKMEN WITH DISCHARGE/DISMISSAL/LOCKOUT
FOR PREVENTIONG TRADE UNION FORMATION.
2) GRANTING WAGE INCREASE AIMED AT PREVENTING TRADE UNION
FORMATION
3) FINANCING OR ASSISTING IN FORMATION OF EMPLOYER
SPONSORED UNIONS
4) TAMPERING WITH SENIORITY/PROMOTION OF WORKMEN WITH A
VIEW TO OBSTRUCT THE GROWTH OF PARTICULAR UNION
5) VICTIMISING WORKMEN FOR TRADE UNION ACTIVITIES

74. Y BHATT
6) REPLACING REGULAR JOBS WITH CONTRACT WORKMEN WITH A
VIEW TO BREAK A STRIKE
7) MALAFIDE TRANSFER OF WORKMEN
8) FORCING WORKMEN ON A LEGAL STRIKE TO GIVE GOOD CONDUCT
BONDS
9) EXPLOITING WORKERS BY KEEPING THEM AS CASUALS/
TEMPORARIES/BADLIS FOR LONG YEARS
10) REFUSE TO IMPLEMENT SETTLEMENTS/AWARDS
11) FAILURE TO IMPLEMENT SETTLEMENTS/AWARDS
12) CONTINUIGN WITH ILLEGAL LOCKOUTS
13) INDULGE IN ACTS OF FORCE/VIOLENCE [Sch.V(1)]

75. Y BHATT
iii) UNFAIR LABOUR PRACTICES LISTED AGAINST UNIONS/
WORKMEN
1) SUPPORTING/INSTIGATING ILLEGAL STRIKES
2) FORCING WORKMEN TO JOIN A UNION
3) PICKETING / OBSTRUCTING / THREATENING NON-STRIKING
WORKMEN
4) REFUSING TO PARTICIPATE IN COLLECTIVE BARGAINING
5) INDULGING IN GO-SLOW/SQUATTING
6) DEMONSTRATION AT RESIDENCE OF EMPLOYER
7) WILFUL DAMAGE OF EMPLOYERS PROPERTY [Sch V(II)]

76. Y BHATT
iv) CONSEQUENCES OF INDULGING IN UNFAIR LABOUR PRACTICES
AS PER Sn 25U ANY PERSON INDULGING IN UNFAIR LABOUR PRACTICE
SHALL BE PUNISHABLE `BY IMPRISONMENT UPTO SIX MONTHS OR FINE OF
UPTO Rs.1000/- OR BOTH [Sn.25U].
c) PROVISIONS ON GRIEVANCE SETTLEMENT
AS PART OF THE 1982 AMENDMENT A GRIEVANCE SETTLEMENT
MACHINERY WAS INCORPORATED IN THE INDUSTRIAL DISPUTES ACT.
ACCORDINGLY SECTION 9C WAS INCORPORATED IN THE ACT. THIS
SECTION HAS HOWEVER NOT BEEN NOTIFIED FOR IMPLEMENTATION SO
FAR. SECTION 9C(4) CONTEMPLATES THAT NO DISPUTES SHOULD BE REFERRED
FOR ADJUDICATION UNTIL THE GRIEVANCE SETTLEMENT PROCEDURE IS
EXHAUSED.
d) PROVISIONS ON REPRESENTAITION OF PARTIES
i) BAN ON APPEARANCE OF LEGAL PRACTICTIONERS [Sn.36]
SECTION 36(3) OF THE ACT PROHIBITS APPEARANCE OF ADVOCATES.
HOWEVER, SECTION 36(4) PERMITS APPEARANCE OF LEGAL PRACTITIONERS WITH
THE CONSENT OF THE OTHER PARTY AND LEAVE OF THE PRESIDING OFFICERS.

77. Y BHATT
ii) WHO CAN REPRESENT THE WORKMEN [Sn.36(1),(a),(b),(c)] ?
ANY EXECUTIVE MEMBER OR OFFICE BEARER OF A REGISTERED
TRADE UNION. ANY EXECUTIVE MEMBER OF FEDERATION TO
WHICH THE TRADE UNION IS AFFILIATED. IF A WORKMAN IS NOT A
MEMEBR OF ANY UNION HE CAN AUTHORITIRSE ANY CO-WORKER OR
ANY UNION LEADER TO REPRESENT HIM.
iii) WHO CAN REPRESENT AN EMPLOYER [Sn.36(2)(a),(b),(c)] ?
AN OFFICER OF AN ASSOCIATION OF EMPLOYERS. AN OFFICER OF
A FEDERATION TO WHICH THE EMPLOYERS ASSOCIATION IS
AFFILIATED. IF NOT BELONGING TO ANY ASSOCIATION CAN AUTHORISE
ANY OTHER EMPLOYER IN THE INDUSTRY OR ANY OFFICE BEARER OF
AN ASSOCIATION OF EMPLOYERS.

78. Y BHATT
e) PROVISIONS ON 'SETTLEMENT'
i) WHAT IS MEANT BY A SETTLEMENT [Sn.2(p)] ?
AN AGREEMENT ARRIVED AT BETWEEN THE EMPLOYER AND WORKMEN.
ii) TYPES OF SETTLEMENTS [Sn.12(3), 18(1), 18(30]
TRIPARTITE SETTLEMENTS UNDER SECTION 12(3) ARRIVED AT WITH HELP
OF CONCILITION OFFICER/BOARD. BIPARTITE SETTLEMENT ARRIVED AT
WITHOUT CONCILIATION ASSISTANCE BUT SENT JOINTLY TO CONCILIATION
OFFICER FOR REGISTRATION AS A SETTLEMENT UNDER SECTION 18(3).
BIPARTITE SETTLEMENTS ARRIVED AT BETWEEN THE PARTIES UNDER
SECTION 18(1) WITH NO NOTICE TO OR ASSISTANCE FROM CONCILIATION
OFFICER.
iii) ON WHOM ARE SETTLEMENTS BINDING [Sn.18(1), 18(3)] ?
BIPARTITE SETTLEMENTS UNDER 18(1) OR 18(3) ARE BINDING ONLY ON THE
PARTIES THAT SIGNED THE SETTLEMENT (IT CANNOT BE ENFORCED ON
OTHER UNIONS OR WORKERS WHO ARE NOT PARTIES TO THE
SETTLEMENT)

79. Y BHATT
A TRIPARTITE SETTLEMENT THROUGH CONCILIATION
UNDER 12(3) IS ENFORCEABLE AGAINST :
- ALL PARTIES TO THE DISPUTES
- ALL OTHER PARTIES SUMMONED TO THE CONCILIATION
PROCEEDINGS
- IN THE CASE OF EMPLOYER ON HIS HEIRS/SUCCESSORS/ASSIGNS
- IN THE CASE OF WORKMENON ALL WORKMEN ON THE ROLLS ON
DATE OF SETTLEMENT AND ALL FUTURE EMPLOYEES OF THAT
ESTABLISHMENT
iv) WHEN DOES A SETTLEMENT COME INTO OPERATION [Sn.19(1)] ?
FROM THE DATE AGREED TO AND INDICATED IN THE SETTLEMENT. IF
DATE IS SILENT, FROM THE DATE OF SIGNING SETTLEMENT.
v) HOW LONG WILL IT BE BINDING OR PERIOD OF ITS VALIDITY [Sn.19(1)] ?
FOR A MINIMUM PERIOD OF SIX MONTHS IF NO PERIOD IS INDICATED, OR
FOR THE LONGER PERIOD INDICATED IN THE SETTLEMENT.

80. Y BHATT
vi) WILL THE OBLIGATIONS ON THE PARTIES CEASE ON THE EXPIRY
OF VALIDITY PERIOD [Sn.19(2), 19(6)] ?
OBLGATIONS CONTINUE EVEN BEYOND THE AGREED PERIOD AND WILL
CONTINUE TILL PROPER NOTICE OF TERMINATION IS GIVEN UNDER SECTION
19(2) AND TWO MONTHS HAVE EXPIRED AFTER ISSUE OF NOTICE
OFTERMINATION. AS PER JUDICIAL DECISIONS THE TERMS OF SETTLEMENT WILL
CONTINUE TO BE IN FORCE EVEN AFTER TERMINATION TILL ANOTHER
AGREEMENT IS REACHED REPLACING THE CORRESPONDING TERMS IN THE OLD
AGREEMENT.
vii) WHO IS COMPETENT TO ISSUE NOTICE OF TERMINATION [Sn.19(7)] ?
ONLY A PARTY REPRESENTING THE MAJORITY OF THE PERSONS BOUND BY
THE SETTLEMENT CAN ISSUE A VALID NOTICE OF TERMINATION.
viii) WHO IS COMPETENT TO SIGN A SETTLEMENT [RULE 58(2)] ?
IN CASE OF EMPLOYER, HIMSELF/HIS AUTHORISED AGENT/MANAGER OR
PRINCIPAL OFFICER. IN CASE OF WORKMEN BY A TRADE UNION OFFICE
BEARER (PRESIDENT/VICE PRESIDENT/ SECRETARY OR GENERAL
SECRETARY/JOINT SECRETARY OR ANY OTHER AUTHORISED OFFICE BEARER). IN
CASE OF AN INDIVIDUAL DISPUTE UNDER 2(A) BY WORKMAN HIMSELF.

81. Y BHATT
ix ROLE OF CONCILIATION OFFICER [Sn. 12(3), Rules 58(1), (3) & 75]
TO RECORD THE SETTLEMENT IN FORM H UNDER Rule 58 (1).
TO MAINTAIN A REGISTER OF ALL SETTLEMENTS UNDER Rule 75.
TO SEND A COPY OF SETTLEMENT TO THE APPROPRIATE
GOVERNMENT.
NOTE:
WHERE THERE IS MULTIPLICITY OF UNIONS AND INTER UNION
RIVALRY, IT IS PRUDENT TO SIGN ONLY TRIPARTITE CONCILIATION
SETTLEMENTS UNDER Section 12 (3) RATHER THAN GO IN FOR
BIPARTITE AGREEMENTS UNDER Section 18 (3) OR 18 (1). WHILE A
TRIPARTITE SETTLEMENT IS ENFORCEABLE AGAINST ALL, A
BIPARTITE AGREEMENT BINDS ONLY ON THE PARTIES TO THE
SETTLEMENT.
f) PROVISIONS ON AWARDS
WHAT IS MEANT BY AN ‘AWARD’ [Sn. 2 (b)]?
AN AWARD IS AN INTERIM OR FINAL ORDER PASSED BY THE
FOLLOWING DISPUTE SETTLING AUTHORITIES UNDER THE I.D. ACT.
- LABOUR COURT UNDER Sn. 7
- INDUSTRIAL TRIBUNAL OR NATIONAL TRIBUNAL UNDER SECTION
7(A) OR 7(B)
- AN ARBITRATOR UNDER SECTION 10 (A)

82. Y BHATT
ii) TYPES OF AWARDS [Sn.7, 7A, 7B]
LABOUR COURTS GIVE AWARDS ON ITEMS LISTED IN SCHEDULE-II
OF THE ID ACT TRIBUNALS/ NATIIONAL TRIBUNALS GIVE AWARDS
ON ITEMS LISTED IN SCHEDULE-III OF THE ID ACT. ARBITRATORS
GIVE AWARD ON SUBJECT REFERRED TO THEM UNDER THE
ARBITRATION AGREEMENT.
iii) PUBLICATION OF AWARDS ANDA THEIR FINALITY Sn.17(1)(2), 15,
17(B)]
UNLIKE THE CIVIL/CRIMINAL COURTS, LABOUCOURTS/ TRIBUNALS/
ADJUDICATORS UNDER THE ID AC CANNOT PRONOUNCE THEIR
DECISIONS/ORDERS IN COURTS. THEIR DECISIONS/ORDERS ARE TO BE
SENT TO THE APPROPRIATE GOVERNKENT. THE APPROPRIATE
GOVERNMENT IS TO THEN PUBLISH IT WITHIN 30 DAYS OF RECEIPT OF
THE ORDER. SUBJECT TO PROVISION OF SECTION 17A, THE AWARDS
ARE FINAL AND CANNOT BE CHALLENGED IN ANY COURT. HOWEVER
AWARDS PERTAINING TO REINSTATEMENT OF DISMISSED WORKMEN CAN
BE CHJALLENGED IN SUPREME COURT/ HIGH COURT. SECTON 17 B
STIPULATES THAT IN SUCH CASES THE EMPLOYER MUST PAY FULL LAST
DRAWNWAGES TILL THE SIT IS DISPOSED OFF BY THE HIGH COURT/
SUPREME COURT.

83. Y BHATT
IV ON WHOM ARE AWARDS BINDING [Sn.18(3)] ?
AS PER SECTION 18(3) AWARDS ARE BINDING ON THE OLLOWING :
ALL PARTIES TO THE DISPUTE
ALL OTHER PARTIES SUMMONED TO APPEAR IN THE PROCEEDINGS
INCASE OF EMPLOYER ON HIS HEIRS/SUCCESSORS/ASSIGNS
IN CASE OF WORKMEN,ON ALL WORKMEN ON THE ROLLS ON THE
DATE THE DISPUTE AROSE AND ALL FUTURE EMPLOYEES OF THAT
ESTABLISHMENT.
V WHEN DOES AN AWARD COME INTO OPERATION OR BECOME
ENFORCEABLE ?
[Sn.17 (A), 17(1),(2), (3), (4)] IT BECOMES ENFORCEABLE ON THE
EXPIRY OF 30 DAYS FROM THE DATE OF ITS PUBLICATION BY THE
GOVERNMENT UNDER Sn.17.

84. Y BHATT
NOTE :
UNDER THE PROVISO TO Sn.17, GOVERNMENT EMPOWERED TO
HOLD UP THE ENFORCEMENT OF THE AWARD IN PART OR FULL IN
PUBLIC INTEREST BUT MUST THEN PUT UP THE AWARD BEFORE
THE LEGISLATURE FOR A FINAL DECISION ON ITS ENFORCEMNE.T
VI WHAT IS THE PERIOD OF VALIDITY OF AN AWARD ?
[Sn.19(3),(4),(5)] AS PER SECTION 19(3) IT SHALL BE IN FORCE
FOR ONE YEAR FROM THE DATE IT BECOMES ENFORCEABLE UNDER
SECTION 17(A) STATEGOVERNMENT CANE XTEND THIS PERIOD FOR ONE
YEAR AT A TIME SUBJECT TO THE TOTAL VALIDITY PERIOD NOT
EXCEEDING THREE YEARS. UNDER SECTION 19(4) GOVERNMENT
EMPOWERED TO SEEK REDUCTION OF THE NORMAL PERIOD BY
REFERRING IT TO THE ADJUDICATING AUTHORITY.

85. Y BHATT
VII) WILL THE OBLIGATIONS ON THE PARTIES CEASE ON EXPIRY OF
THE VALIDITY PERIOD [Sn.19(2), (3), (6)] ?
OBLIGATIONS CONTINUE EVEN AFTER THE VALIDTY PERIOD
TILL PROPER NOTICE OF TERMINATION IS GIVEN UNDER
Sn.19(6) AND TWO MONTHS HAVE ELAPSED FROM DATE OF
NOTICE.
VIII) WHO IS COMPETENT TO ISSUE NOTICE OF TERMINATION ?
ONLY A PARTY REPRESENTING THE MAJORITY OF THE PERSONS
BOUND BY THE AWARD CAN ISSUE A VALID NOTICE OF
TERMINATION.