S. 2(j) Industry-
Any business, trade etc. of employer Includes - any calling, service, handicraft etc. of workman
As Amended by Act No. 7 of 2017 dt. 31-3-2017 & S.O. 1955 (E) dt. 20-6-2017]
Any business, trade etc. of employer Includes - any calling, service, handicraft etc. of workman
person employed to do any skilled, unskilled, manual, technical, supervisory etc. work for hire or reward. Includes - an apprentice and in relation to an industrial dispute, a dismissed employee.
Change in the conditions of service as per IVth schedule- after giving 21 days notice. No notice- If change is result of settlement/award, or to whom other rules and regulations apply.(iii) In case of updatation of machinery / computerisation etc. (Mah.)
Dispute espoused by union or workmen u/s 2(k) appropriate Govt. to refer u/s 10 and individual workman u/s. 2A may make an application direct to the Labour Court or Tribunal against dismissal or discharge for adjudication after expiry of 45 days from the date of application for conciliation. Limitation of 3 years is prescribed for making an application. Matters in 2nd schedule to labour court u/s 7 and matters in third schedule- to industrial tribunal u/s 7A (S.10: Rule 3: Form I). Reference to arbitration by a written agreement [S. 10A(1)] If labour court/industrial tribunal is satisfied that discharge etc. is not justified, it can award reinstatement or other lesser punishments. (S. 11A). Award - remains in operation for 1 year [ S.19(3)] Proceedings in higher courts against award – last drawn wages to be paid. (S. 17B)
In conciliation proceedings - binding on all workmen, present and future.[S. 2(p), 18(3):Rule 62:Form XVI] Otherwise than in conciliation proceedings- on parties to the agreement only. [S. 18(1), 2(p) Rule 62 Form XVI] Conciliation officer- to send report along with memorandum of settlement to appropriate Govt.[S. 12(3)] It is binding for a period of 6 months from date of signing. [S. 19(2)]
In public utility service- strike/lockout- 6 weeks notice to employer/employee is mandatory also not within 14 days of such notice and pending conciliation pro- ceedings [S. 22: Rule 76 Notice of strike in Form XXI and Rule 77 Notice of lockout in Form XXII). General prohibition- during pendency of- conciliation proceedings and 7 days after its conclusion, proceedings in labour court/ industrial tribunal/arbitration and 2 months after conclusion, and during operation of any settlement and award. (S.22). Illegal- in contravention of Ss. 22 & 23 and order prohibiting continuance of strike/lockout u/s 10(3). [S.24].
Termination of service other than as a punishment measure. Does not include- voluntary retirement, retirement on superannuation, termination as a result of non-renewal of contract of employment and continued ill health of workman. [S. 2(00)] Condition precedent - If workman has continuous service of 1 year or more[i.e. 240 days service including Sundays and holidays (S. 25-B)] -one month notice indicating reasons/ wages in lieu of it, compensation @ 15 days average pay for every completed year of service, notice served to appropriate Govt. [S. 25F: Rule 80: Form XXIV]. Procedure to be adopted is last come first go rule (S. 25 G)
workman completing one year service is entitled to notice and compensation as per S. 25 F (S. 25 FF)
Failure, refusal, inability of an employer on account of shortage of coal, power, or raw materials etc. to give employment to workman whose name is in the muster roll. [S. 2(kkk) - Applicable if workmen employed are 50 or more] Sec. 25-A Laid off compensation equal to 50% of the total basic wages and DA is payable. 100% payable if lay off is due to discontinuance of power supply etc. (S. 25C) Except in case of shortage of power or due to natural calamities etc. a workman cannot be laid off except with prior permission of appropriate Govt. (S. 25 M)
THE INDUSTRIAL DISPUTES ACT, 1947 1 2 During pendency of proceedings before the authorities under the Act- Conditions of service etc. of workman cannot be changed except with permission and they cannot be dismissed etc. for matters connected with dispute without one month notice. [S. 33: Rule 63: Form XVII] Protected workman - 1% of the total workmen with minimum 5 and maximum 100 [S. 33(4): Rule 66 - List of protected workmen by Union to employer by 30th September every year] Recovery of money-1) by making application to authority who issues certificate to collector to recover the same. 2) Labour Court has power of executing court for computation of money due [S. 33-C: Rule 67: Forms. XXA, XXC]
Notice to be served on appropriate govt. at least 60 days before intended closure if no. of employees is more than 50 [S. 25 FFA: Rule 82-A: Form XXIV-B] If no. of employees are more than 100- prior permission of appropriate Govt. before 90 days to be obtained in Form. XXIV-C (S. 25-0). Order is binding on the parties for a period of one year. On closure- compensation in accordance with S. 25 F is payable (S. 25FFF).
