Labour laws course materials




Yüklə 0.97 Mb.
səhifə3/31
tarix17.04.2016
ölçüsü0.97 Mb.
1   2   3   4   5   6   7   8   9   ...   31

Statement of Objects & Reasons –

The Industrial Dispute Act , 1947 inter alia , provides for the machinery and procedure for the investigation and settlement of industrial disputes. Clause (a) of Section 2 of Industrial disputes Act, 1947, defines the term ‘appropriate’ government. “Sub-clause (i) of clause (a) stipulates the Central Government as the appropriate Government” in relation to all other industrial disputes. According to this scheme, the Central Government was the appropriate government in relation to any industrial dispute concerning the Indian Airlines and Air India Corporation, the Industrial Finance Corporation of India, the Oil and Natural Gas Commission or the International Airports Authority of India. With the enactment of the Air Corporations (Transfer of lands-takings and Repeal) Act , 1994, the Industrial Finance Corporation (Transfer of under taking and repeal) Act, 1993 and the Q.1 and Natural Gas Commission (Transfer of undertaking and Repeal) Act, 1993, the Central Government ceased to be the ‘appropriate government’ in respect of these establishments. Further with the enactment of the Airports Authority of India Act , 1994, the National Airports Authority of India and the International Airports Authority of India were merged into are single entity named the Airports Authority of India. Meanwhile a number of Private airline companies got incorporated and commenced their operations over Indian Skies. For all airline Companies and the newly constituted Airports Authority of India, the concerned State Government is the ‘appropriate Government.”




  1. As the establishments and activities related to air transport services, the Airports Authority of India, the Oil and Natural Gas Corporation Ltd. And the Industrial Finance Corpn. Of India, Ltd., are spread across States and have nation-wide ramifications it was considered expedient and desirable to ensure uniformity in the handling of Industrial disputes concerning such establishments/ activities. A significant number of industrial disputes concerning employees of the Air India Limited, the Indian Air Lines limited, the ONGC Ltd. And the Industrial Finance Corporation of India Ltd., were pending for settlement through conciliation, arbitrationor adjudication for want of competent jurisdiction and hence conclusive resolution of the question of “appropriate government” for these organizations had acquired an urgency that could brok no further delay without adversely affecting harmonious industrial relations.

  2. As Parliamnet was not in session, the President promulgated the Industrial Disputes (Amendment) Ordinance, 1995 (ordinance 12 of 1995) on the 11th day of October, 1995 to stipulate the Central Government as the “appropriate government” in respect of –




    1. any air transport service (including Air India Limited and Indian Airlines Limited as well as private , domestic and international air transport services)

    2. Airport Authority of India;

    3. Oil and Natural Gas Corporation Limited and

    4. Industrial finance Corporation of India Limited, by amending Sub-clause (i) of Clause (a) of Section 2.

4. The Bill seeks to replace the above ordinance.



CHAPTER I - PRELIMINARY

CHAPTER II - AUTHORITIES UNDER THIS ACT

CHAPTER IIA - NOTICE OF CHANGE

CHAPTER IIB - REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES

CHAPTER III - REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS

CHAPTER IV - PROCEDURE, POWERS AND DUTIES OF AUTHORITIES

CHAPTER V - STRIKES AND LOCK-OUTS

CHAPTER VA - LAY-OFF AND RETRENCHMENT

CHAPTER VB - SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS

CHAPTER VI - PENALTIES

CHAPTER VII - MISCELLANEOUS

An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes

Whereas it is expedient to make provision for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing;

It is hereby enacted as follows:



CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.- (1) This Act may be called the Industrial Disputes Act, 1947.

(2) It extends to the whole of India:

(3) It shall come into force on the first day of April, 1947.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context, -

NOTES

Agricultural Produce Market Committee will be an ‘Industry’ under I.D. Act – 1998 LLR 1053.



- Telecom Deptt. Of Union of India will be Industry under I.D.Act – 1999 LLR 620.

  • (a) "appropriate Government" means -

    • (i) in relation to any industrial dispute concerning any industry carried on by or under the authority of the Central Government, or by a railway company or concerning any such controlled industry as may be specified in this behalf by the Central Government or in relation to an industrial dispute concerning a Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1940), or the Industrial Finance Corporation of India established under section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948), or the Employees' State Insurance Corporation established under section 3 of the Employees' State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948( 46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under section 5A and section 5B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), or the "Indian Airlines" and "Air India" Corporations established under section 3 of the Air Corporations Act, 1953 (27 of 1953), or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or the Oil and Natural Gas Commission established under section 3 of the Oil and Natural Gas Commission Act, 1959 (43 of 1959), or the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under section 16, of the Food Corporations Act, 1964 (37 of 1964), or the International Airports Authority of India constituted under section 3 of the International Airports Authority of India Act, 1971 (48 of 1971), or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987) or a banking or an insurance company, a mine, an oil-field, a Cantonment Board, or a major port, the Central Government, and

    • (ii) in relation to any other industrial dispute, the State Government

  1. (aa) "arbitrator" includes an umpire;

NOTES


The management having engaged the workman solely in mining operation, the Central Government was the appropriate Government as envisaged u/s 10 of the Act- Management of BALCO vrs. P.O Industrial Tribunal 1999 (3) LLJ (Supp) 8 (orissa) (FB) – “industry” definition-

Education is industry - Air 1985 SC 548. Charitable institution , Research activity, Gymkhana Club, Credit Societies, Marketing Cooperatives, Producer’s or Consumer’s societies or industries – Hospital is an industry –

Every department of Govt cannot be treated to be industry – 1998 (2) LLJ 15(SC) National Highways Division Industry – Ex. Engr. Vrs. Industrial Tribunal – 1995 (I) LLJ 470 (ORI) (DB) Dock labour is an industry – So Tribunal has jurisdiction to decide the dispute – 1995 (1) ALT 227.

First Department is industry – 1996 (1) LLJ (1223) (SC).

Department of Post & Telecommunications is not an industry – 1996 (2) LLJ 230 (SC)

All India Radio & Doordarshan an Industry – 1998 (1) LLJ 817 (SC)

Labour court holding college to be industry and its CI .iv employees to be workman is valid and sustainable – 1999 (3) LLJ (Sup) 978.

Real Estate Company owning mansions and leasing them out – Employing workers for maintenance like sweepers, durwan, plumbers, bill collectors, mistrees, liftman etc – Activities carried on by the company held on fact, covered by the definition of industry – 1990 (4) SCC 472.

Religious and Charitable Trust – Selling fruits like coconuts etc, realized from its Properties – mere sale cannot be considered to be a sale for profit – Trust is not industry – 1997 (1) LLJ 155.

Legality of agreement between workman and management made after the workman obtained a favourable judgement ex parte in a writ petition could be determined by an industrial Court as it could come within the purview of S. 2(k) of the Act - 1999(2) LLJ 291 (Cal) (DB).

The term ‘industrial Dispute’ connotes a real and substantial difference having some element of persistency and likely, if not adjudicated, to endanger the industrial peace of the community – AIR 1978 SC 1088.

Government of State cannot be treated as appropriate Government . In such case, the Central Government is the appropriate government under the Act in so far as the dispute in question is concerned – AIR 1984 SC 1897.



Notification specifying Central Government as appropriate government u/s 2(a) (i) is necessary – AIR 1960 SC 692.

  • 23 [24[(aaa) "average pay" means the average of the wages payable to a workman -

    • (i) in the case of monthly paid workman, in the three complete calendar months,

    • (ii) in the case of weekly paid workman, in the four complete weeks,

    • (iii) in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;

  • (b) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A;
1   2   3   4   5   6   7   8   9   ...   31


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə