Labour laws course materials




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NOTES

For identification of legal representatives of workmen (deceased), a proforma prescribed by management should be followed – 1998 (80) FLR 492.


36B. Power to exempt.- Where the appropriate Government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertakings carried on by a department of that Government that adequate provisions exist for the investigation and settlement of industrial disputes in respect of workmen employed in such establishment or undertaking or class of establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or unconditionally such establishment or undertaking or class of establishments or undertakings from all or any of the provisions of this Act.

37. Protection of action taken under the Act.- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

38. Power to make rules.-

(1) The appropriate Government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -


  • (a) the powers and procedure of conciliation officers, Boards, Courts, Labour Courts, Tribunals and National Tribunals including rules as to the summoning of witnesses, the production of documents relevant to the subject-matter of an inquiry or investigation, the number of members necessary to form a quorum and the manner of submission of reports and awards;

  • (aa) the form of arbitration agreement, the manner in which it may be signed by the parties, the manner in which a notification may be issued under sub-section (3A) of section 10A, the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him;

  • (aaa) the appointment of assessors in proceedings under this Act;

  • (ab) the constitution of Grievance Settlement Authorities referred to in section 9C, the manner in which industrial disputes may be referred to such authorities for settlement, the procedure to be followed by such authorities in the proceedings in relation to disputes referred to them and the period within which such proceedings shall be completed;

  • (b) the constitution and functions of and the filling of vacancies in Works Committees, and the procedure to be followed by such Committees in the discharge of their duties;

  • (c) the allowances admissible to members of Courts and Boards and presiding officers of Labour Courts, Tribunals and National Tribunals and to assessors and witnesses;

  • (d) the ministerial establishment which may be allotted to a Court, Board, Labour Court, Tribunal or National Tribunal and the salaries and allowances payable to members of such establishments;

  • (e) the manner in which and the persons by and to whom notice of strike or lock-out may be given and the manner in which such notices shall be communicated;

  • (f) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, Labour Court, Tribunal or National Tribunal;

  • (g) any other matter which is to be or may be prescribed.

(3) Rules made under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees.

(4) All rules made under this section shall, as soon as possible after they are made, be laid before the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament.

(5) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

39. Delegation of powers.- The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also, -


  • (a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and

  • (b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.

40. Power to amend Schedules. -

(1) The appropriate Government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed to be amended accordingly.

(2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly.

(3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of the State, if the notification has been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.




INDUSTRIAL DISPUTES ACT, 1947

THE FIRST SCHEDULE

INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (VI) OF CLAUSE (N) OF SECTION 2

[Section 2(n)(vi)]


1. Transport (other than railways) for the carriage of passengers or goods, 163[by land or water].
2. Banking.
3. Cement.
4. Coal.
5. Cotton textiles
6. Foodstuffs
7. Iron and Steel.
8. Defence establishments.
9. Service in hospitals and dispensaries.
10.Fire Brigade Service.

11. India Government Mints.


12. India Security Press.
13. Copper Mining.
14. Lead Mining.
15 Zinc Mining
16. Iron Ore Mining.
17. Service in any oilfield.
[* ** ]
19. Service in the Uranium Industry.
20. Pyrites Mining Industry.
21. Security Paper Mill, Hoshangabad.]]
22. Service in the Bank Note Press, Dewas.
23.Phosphorite Mining.
24. Magnesite Mining.
25. Currency Note Press.
26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like.
27. Service in the International Airports Authority of India.]
28. Industrial establishment, manufacturing or producing nuclear fuel and components, heavy water and allied chemicals, and atomic energy.]

THE SECOND SCHEDULE

MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS
(Section 7)

1. The propriety or legality of an order passed by an employer under the standing orders;


2. The application and interpretation of standing orders;
3. Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed;
4. Withdrawal of any customary concession or privilege;
5. Illegality or otherwise of a strike or lock-out; and
6. All matters other than those specified in the Third Schedule.

THE THIRD SCHEDULE

MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS
(Section 7A)

1. Wages, including the period and mode of payment;


2. Compensatory and other allowances;
3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and gratuity;
6. Shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8. Rules of discipline;
9. Rationalisation;
10. Retrenchment of workmen and closure of establishment; and
11. Any other matter that may be prescribed.

THE FOURTH SCHEDULE

CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN
(Section 9A)

1. Wages, including the period and mode of payment;


2. 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;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting, alteration or discontinuance of shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8. Withdrawal of any customary concession or privilege or change in usage.
9. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are provided in standing orders;
10.Rationalisation, standardization or improvement of plant or technique which is likely to lead to retrenchment of workmen;
11. 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, 167[not occasioned by circumstances over which the employer has no control].

THE FIFTH SCHEDULE :UNFAIR LABOUR PRACTICES
[Section 2(ra)]

  1. ON THE PART OF EMPLOYERS AND TRADE UNIONS OF EMPLOYERS
    (1) To interfere with, restrain from, or coerce, workmen in the exercise of their right to organise, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say.-
    (a) threatening workmen with discharge or dismissal, if they join a trade union;
    (b) threatening a lock-out or closure, if a trade union is organised;
    (c) granting wage increase to workmen at crucial periods of trade union organisation, with a view to undermining the efforts of the trade union at organisation.
    (2) To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say,
    (a) an employer taking an active interest in organising a trade union of his workmen; and
    (b) an employer showing partiality or granting favour to one of several trade unions attempting to organise his workmen or to its members, where such a trade union is not a recognised trade union.
    (3) To establish employer sponsored trade unions of workmen.
    (4) To encourage or discourage membership in any trade union by discriminating against any workman, that is to say,
    (a) discharging or punishing a workman, because he urged other workmen to join or organise a trade union;
    (b) discharging or dismissing a workman for taking part in any strike (not being a strike which is deemed to be an illegal strike under this Act);
    (c) changing seniority rating or workmen because of trade union activities;
    (d) refusing to promote workmen of higher posts on account of their trade union activities;
    (e) giving unmerited promotions to certain workmen with a view to creating discord amongst other workmen, or to undermine the strength of their trade union;
    (f) discharging office-bearers or active members of the trade union on account of their trade union activities.
    (5) To discharge or dismiss workmen-
    (a) by way of victimisation;
    (b) not in good faith, but in the colourable exercise of the employer’s rights; (c) by falsely implicating a workman in a criminal case on false evidence or on concocted evidence;
    (d) for patently false reasons;
    (e) on untrue or trumped up allegations of absence without leave;
    (f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;
    (g) for misconduct of a minor technical character, without having any regard to the nature of the particular misconduct or the past record or service of the workman, thereby leading to a disproportionate punishment.
    (6) To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike.
    (7) To transfer a workman mala fide from one place to another, under the guise of following management policy.
    (8) To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a precondition to allowing them to resume work.
    (9) To show favouritism or partiality to one set of workers regardless of merit.
    (10) To employ workmen as "badlis", casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen.
    (11) To discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute.
    (12) To recruit workman during a strike which is not an illegal strike.
    (13) Failure to implement award, settlement or agreement.
    (14) To indulge in acts of force or violence.
    (15) To refuse to bargain collectively, in good faith with the recognised trade unions.
    (16) Proposing or continuing a lock-out deemed to be illegal under this Act.
    II. ON THE PART OF WORKMEN AND TRADE UNIONS OF WORKMEN
    (1) To advise or actively support or instigate any strike deemed to be illegal under this Act.
    (2) To coerce workmen in the exercise of their right to self-organisation or to join a trade union or refrain from, joining any trade union, that is to say-
    (a) for a trade union or its members to picketing in such a manner that non-striking workmen are physically debarred from entering the work places;
    (b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking workmen or against managerial staff. 
    (3) For a recognised union to refuse to bargain collectively in good faith with the employer.
    (4) To indulge in coercive activities against certification of a bargaining representative.
    (5) To stage, encourage or instigate such forms of coercive actions as wilful, ,"go-slow", squatting on the work premises after working hours or "gherao" of any of the members of the managerial or other staff.
    (6) To stage demonstrations at the residence of the employers or the managerial staff members.
    (7) To incite or indulge in wilful damage to employer’s property connected with the industry.

(8) To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work.]

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