Applicability: S. 2
To whole State of Maharashtra. To Industries to which BIR Act, 1946 and Industrial Dispute Act, 1947 are applicable.
To whole State of Maharashtra. To Industries to which BIR Act, 1946 and Industrial Dispute Act, 1947 are applicable.
To grant recognition, to register other union, to withdraw or cancel recognition, to decide complaints of ULP under item 1 of Schedule IV, etc. S.7 Duties of Labour Court: To decide complaint relating to ULP under item 1 of Schedule IV and offences punishable under this Act.
In undertaking where 50 or more employees are or were employed in preceding 12 months
Union having membership of not less than 30% of employees employed for period of 6 months to Ind., Court Disposal of application within 3 months for local area and 4 months for other areas. Procedure U/s. 12 - Show cause notice asking objection within 8 days and on satifaction as to compliance U/s 11 & 19 certificate in Form B will be granted.. Cancellation .. S. 13 - If recognition is issued u/s. (i) to (vii) and on satisfaction thereof. - S.16: Union will not be relieved from penalty or liability incurred under the Act. Recognition of other Union ... S. 14 - Having largest membership on application for registration in place of recognised union and certificate be issued after giving show cause notice to recognised union.
To collect subscription not be less than 50 paise pm, conduct Executive committee meeting within 3 months, resolutions passed at meeting be recorded in minute books amd conduct Audit of Accounts once in financial year. Rights of Recognised Union S. 20 To collect subscription, exhibit notice, to have discussion with employer and employees for redressal of grievances, to appear in dept. inquiry and proceeding under Central Act.
Strike and Lock-outs are illegal when- 14 days notice not given - is made before lawful revocation of submission of matter registered U/s. 66 of Bom. Act during pendency and 7 days after conclusion of conciliation proceeding under Bombay Act matter voluntarily referred for arbitration to Industrial Court or Labour Court u/s. 58(6) or 71 of Bombay Act - during pendency of arbitration proceeding and before conclusion thereof under Central Act During or before completion of arbitration proceeding u/s.72, 73 or 73-A of ID Act - Industrial dispute referred to adjudication of Ind. Tribunal or Labour Court under Central Act - during period of operation of settlement or award. Strike is also illegal when vote of majority members are not obtained.
of strike or lock-out State Govt or Employer may make reference to Labour Court for declaration of strike as illegal - State Govt or recognized union or other unions may make reference to Labour Court for declaration of lock-out as illegal. Not illegal: when withdrawn within 48 hours of such declaration.
Sec 27: Prohibition on employer, employees and union to engage in ULP. Sec 28: Procedure for dealing with complaints relating to ULP - Complaint be filed in court within 90 days of occurrence U/s.5 or 7: lingga Court shall decide within 6 month of receipt of complaint. - On report submitted by IO pass the order.
Declaration of person as to engagement in ULP. - Pass ceases and desist order, payment of compensation with or without back wages. S. 30(2): Interim order for temporary relief or restraining order and directions to withdraw practice complained of.
Within 30 days of order against order of LC of- conviction by person convicted, acquittal by complainant - for enhancement of sentence: by State Govt. S. 44 Industrial Court to exercise superintendence over all labour courts and Rules made for Labour Courts: Labour Court (Practice and Procedure) Rules, 1975.auti
S. 47: If IO or person present or concerned in any proceeding discloses any information or contents of document - on conviction punishment of fine extending up to 1000. S. 49: Any person who wilfully (i) prevents or obstructs officers, members etc (ii) refuses entry to IO (iii) fails to produce document (iv) fails to comply with requisition - shall on conviction be punished with fine extending to₹ 500/-.
Bar on authority under Bombay Act and Central Act to entertain proceeding initiated under this Act and Bar on IC and LC to entertain proceeding initiated under Central Act or Bombay Act. S. 60 Bar on Civil Court: To entertain /deal with subject matter of complaint or application to IC or LC and interim or final order of IC or LC.
