(Title Substituted for THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946)
Applies to industries to which Bombay Industrial Disputes Act was applicable and notifications under the Act, applied and to industries by subsequent notifications like Cotton Textile industry, Power loom industry, Silk Textile industry etc. - Sec.2
Representative Union - union having 25% membership for 3 months may apply for regn. Sec. 13(1) Rule 12 Form E Qualified union - if no representative union is regd. union with not less than 5%membership for 3 months may apply. Sec. 13(2) Rule 12 Form E Primary union. where no representative or qualified union is regd. a union with not less than 15% membership for 3 months may apply for regn.. Sec.13(3) Rule 12 Form E Approved union - Application for registration in approved list as per Rule 11 Form D. Officers of union to collectsubscription etc., put up notices prevent or settle disputes, inspect work place. Rule 29 B Form I-A, Rule 33-C Form I-B, Rule 34 Form I-C. Approved union functions within the work premises.
Approved Union is a union on the approved list. Sec.3(2) Representative union is a union regd. for the time being as a representative union under the Act. Sec.3(33)
Representation of emplyees S. 30 The following are entitled to represent employees in order of preference (i) representative union of the said industry, (ii) Qualified or Primary union whose members are the majority of affected employees, (iii) Qualified or Primary union authorised to do so (iv) Labour officer if authorized by the employees, (v) Persons elected by the employees, (vi) labour officer. Individual may appear with permission of concerned authority Subject to S. 33-A - No individual can appear in proceedings if representative union appears. - Sec. 32, and in case of dismissal, discharge, termination individual can appear. Notwithstanding any other provision, an individual or representative Union can appear through any person in proceedings before the Board and the courts. - Sec. 33
Employer seeking change in schedule II items has to give notice to representative of employees. - Sec. 42(1) Rule 51 Form K Employee seeking change in industrial matter of items in Sch. I and III has to notify employer. - Sec. 42(2) Rule 52 Form L Employee seeking change in order by the employer under the standing orders, application or interpretation of standing orders or an industrial matter in sch. III has to make an application within 3 months from the date of order. - Sec. 42(4)
Employer to submit draft standing orders regulating relations between him and the employees within 6 weeks of the application of the Act. - Sec. 35 Appeal to be filed within 30 days from the date of the Commissioner of labour's order to the industrial court. Sec. 36 Review against the order u/s. 36 is to be filed to the industrial court within 30 days. - Sec. 37
To decide individual and industrial disputes, Try offences punishable under the Act and determine compensation, Require withdrawal of illegal change or carry out a change, To reinstate and award compensation in case of dismissal, discharge, etc. for misconduct, etc.
Appeal Powers against labour court, wageboard, Registrar's orders, Duties u/s .87
If commenced or continued- Without notice, illegal change or employer's noncompliance Of standing orders, before completion of conciliation Proceeding, etc. Rule 724 Form I ,
If commenced or continued - matter in Sch. III regulated by Standing orders, no notice as per Sec. 42, etc. Rule 72A Form I
Conciliation proceedings: be commenced by the conciliator on receipt of statement from party seeking change in the agreemen. - Sec.54 Agreement as to submission of dispute to arbitration: by employer and union. - Sec. 66 Rule 68 Reference for arbitration by the State Govt. (Sec.73) or The Representative union (Sec. 73A) Application for commencement of proceedings in Labour Court: u/s 79 as per Rule 71 Form P
State Govt. may refer for matters in Sch. II items 1,2,4,9,10. (Sec. 86E), Appeal lies to the industrial court. is binding (Sec. 86G), 86G), decision on all parties to the dispute, those summoned and not appeared and employees and employers of concerned industry. (Sec. 86H)
Illegal lock out or Closure (Sec. 102) Illegal Strike (Sec. 103) Instigating 104 (Sec.104) Illegal Change (Sec.106) Continuing contravention of Standing order (Sec.107) For offences not provided (Sec.109),
4,200/- and 5,000/- per day if beyond 48 hrs. 10/- and 1/-if beyond 48 hrs., Max. ₹50/- 3 months Imprisonment or fine or both. ₹5,000/- 500/- and 125/- ₹100/- max. 200/- If previously convicted.
