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THE MAHARASHTRA RECOGNITION OF
TRADE UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES ACT, 1971.
PREAMBLE
MAHARASHTRA ACT NO. I OF 1972.
An Act to provide for the recognition of trade unions for
facilitating collective bargaining for certain undertakings, to state their
rights, and obligations; to confer certain powers on Unrecognised unions; to
provide for declaring certain strikes and lock-outs as illegal strikes and
lock-outs; to define and provide for the prevention of certain unfair labour
practices; to constitute courts (as independent machinery) for carrying out the
purposes of according recognition to trade unions and for enforcing the
provisions relating to unfair practices; and to provide for matters connected
with the purposes aforesaid. WHEREAS, by Government Resolution, Industries and
Labour Department, No. IDA. 1367-LAB-II, dated the 14th February 1968, the
Government of Maharashtra appointed a Committee called "the Committee on
Unfair Labour Practices" for defining certain activities of employers and
workers and their organisations which should be treated as unfair labour practices
and for suggesting action which should be taken against employers or workers,
or their organisations, for engaging in such unfair labour practices; AND
WHEREAS, after taking into
consideration the report of the Committee Government is of opinion that it is
expedient to provide for the recognition of trade unions for facilitating
collective bargaining for certain undertakings; to state their rights and
obligations; to confer certain powers on Unrecognised unions; to provide for
declaring certain strikes and lock-outs as illegal strikes and lock-outs; to
define and provide for the prevention of certain unfair labour practices; to
constitute courts (as independent machinery) for carrying out the purposes of
according recognition to trade unions and for enforcing provisions relating to
unfair practices; and to provide for matters connected with the purposes
aforesaid; It is hereby enacted in the Twenty-second Year of the Republic of
India as follows :-
1. SHORT TITLE. - This Act may be called the Maharashtra Recognition of Trade
Unions and Prevention of Unfair Labour Practices Act, 1971.
2. EXTENT,
COMMENCEMENT AND APPLICATION. –
(1) This Act extends to the whole of the State of Maharashtra.
(2) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint; and different dates may
be appointed for different areas and for different provision of this Act.
(3) Except as otherwise hereinafter provided, this Act shall apply
to the industries to which the Bombay
Industrial Relations Act, 1946, Bom. XI of 1947, for the time being applies,
and also to any industry as defined in clause (j) of section 2 of the
Industrial Disputes Act, 1947, XIV of 1947, and the State Government in
relation to any industrial dispute concerning of such industry is the
appropriate Government under that Act:
Provided that, the State Government may, by notification in the
Official Gazette, direct that the provisions of this Act shall cease to apply
to any such industry from such date as may be specified in the notification;
and from that date, the provisions of this Act shall cease to apply to that
industry and, thereupon, section 7 of the Bombay General Clauses Act, 1904,
Bom. I of 1944 shall apply to such cess or, as if this Act has been repealed in
relation to such industry by a Maharashtra Act.
(1) "Bombay Act" means the Bombay Industrial Relations
Act, 1946, Bom. XI of 1947;
(2) "Central Act" means the Industrial Disputes Act,
1947, XIV of 1947;
(3) "concern" means any premises including the precincts
thereof where any industry to which the Central Act applies is carried on;
(4) "Court" for the purposes of Chapters VI and VII
means the Industrial Court,
or as the case may be, the Labour
Court:
(5) "employee" in relation to an industry to which the
Bombay Act for the time being applies, means an employee as defined in clause
(13) of section 3 of the Bombay Act; and in any other case, means a workman as
defined in clause (s) of section 2 of the Central Act;
(6) "employer" in relation to an industry to which the
Bombay Act applies, means an employer as defined in clause (14) of section 3 of
the Bombay Act; and in any other case, means an employer as defined in clause
(g) of section 2 of the Central Act;
(7) "Industry" in relation to an industry to which the
Bombay Act applies means an industry as defined in clause (19) of section 3 of
the Bombay Act, and in any other case, means an industry as defined in clause
(j) of section 2 of the Central Act;
(8) "Industrial
Court" means an Industrial Court constituted under
section 4;
(9) "Investigating Officer" means an officer appointed
under section 8;
(10) "Labour
Court" means a Labour Court constituted under section 6;
(11) "member" means a person who is an ordinary member
of a union, and has paid a subscription to the union of not less than 50 paise
per calendar month:
Provided that, no person shall at any time be deemed to be a
member, if his subscription is in arrears for a period of more than three
calendar months during the period of a six months immediately preceding such
time, and the expression "membership" shall be construed,
accordingly.
Explanation: A subscription for a calendar month shall, for the
purpose of this clause, be deemed to be in arrears, if such subscription is not
paid within three months after the end of the calendar months in respect of
which it is due;
(12) "order" means an order of the Industrial or Labour Court;
(13) "recognised union" means a union which has been
issued a certificate of recognition under Chapter III;
(14) "Schedule" means a Schedule to this Act;
(15) "undertaking" for the purposes of Chapter III,
means any concern in industry to be one undertaking for the purpose of that Chapter:
Provided that, the State Government may notify a group of concerns
owned by the same employer in any industry to be undertaking for the purpose of
that Chapter;
(16) "unfair labour practices" means unfair labour
practice as defined in section 26;
(17) "union" means a trade union of employees, which is
registered under the Trade Unions Act, 1926;
(18) words and expressions used in this Act and not defined
therein, but defined in the Bombay Act, shall, in relation to an industry to
which the provisions of the Bombay Act apply, have the meanings assigned to
them by the Bombay Act; and in other case, shall have the meanings assigned to
them by the Central Act.
(1) The State Government shall by notification in the Official
Gazette, constitute an Industrial
Court.
(2) The Industrial
Court, shall consist of not less than three
members, one of whom shall be the President.
(3) Every member of the Industrial
Court shall be a person who is not connected with
the complaint referred to that Court, or with any industry directly affected by
such complaint:
Provided that, every member shall be deemed to be connected with a
complaint or with an industry by reason of his having shares in a company which
is connected with, or likely to be affected by, such complaint, unless he
discloses to the State Government the nature and extent of the shares held by
him in such company and in the opinion of the State Government recorded in
writing, such member is not connected with the complaint, or the industry.
(4) Every member of the Industrial
Court shall be a person who is or has been a Judge
of a High Court or is eligible for being appointed a Judge of such Court :
Provided that, one member may be a person who is not so eligible,
if he possesses in the opinion of the State Government expert knowledge of
labour or industrial matters.
(a) to decide an application by a union for grant of recognition
to it;
(b) to decide an application by a union for grant of recognition
to it in place of a union which has already been recognised under this Act;
(c) to decided an application from another union or an employer
for withdrawal or cancellation of the recognition of a union;
(d) to decide complaints relating to unfair labour practices
except unfair labour practices falling in item 1 of Schedule IV;
(e) to assign work, and to give directions, to the Investigating
Officers in matters of verification of membership of unions, and investigation
of complaints relating to unfair labour practices;
(f) to decide references made to it on any point of law either by
any civil or criminal court; and
(g) to decide appeals under section 42.
6. LABOUR COURT. - The State Government shall, by notification in the Official
Gazette, constitute one or more Labour Courts, having jurisdiction in such
local areas, as may be specified in such notification, and shall appoint
persons having the prescribed qualifications to preside over such Courts:
Provided that, no person shall be so appointed, unless he
possesses qualifications (other than the qualification of age), prescribed
under Article 234 of the Constitution for being eligible to enter the judicial
service of the State of Maharashtra;
and is not more than sixty years of age.
7. DUTIES OF
LABOUR COURT. - It shall be the duty of the Labour Court to decide complaints
relating to unfair labour practices described in item 1 of Schedule IV and to
try offences punishable under this Act.
8.
INVESTIGATING OFFICERS. - The State Government may,
by notification in the Official Gazette, appoint such number of Investigating
Officers for any area as it may consider necessary, to assist the Industrial Court
and Labour Courts in the discharge of their duties.
(1) The Investigating Officer shall be under the control of the Industrial Court,
and shall exercise powers and perform duties imposed on him by the Industrial Court.
(2) It shall be the duty of an Investigating Officer to assist the
Industrial Court
in matters of verification of membership of unions, and assist the Industrial
and Labour Courts for investigating into complaints relating to unfair labour
practices.
(3) It shall also be the duty of an Investigating Officer to
report to the Industrial Court, or as the case may be, the Labour Court the
existence of any unfair labour practices in any industry or undertaking, and
the name and address of the persons said to be engaged in unfair labour
practices and any other information which the Investigating Officer may deem
fit to report to the Industrial Court, or as the case may be, the Labour Court.
10. APPLICATION OF CHAPTER III. –
(1) Subject to the provisions of sub-sections (2) and (3), the
provisions of this Chapter shall apply to every undertaking, wherein fifty or
more employees are employed, or were employed on any day of the preceding
twelve months :
Provided that, the State Government may, after giving not less
than sixty days' notice of its intention so to do, by notification in the
Official Gazette, apply the provisions of this Chapter to any undertaking,
employing such number of employees less than fifty as may be specified in the
notification.
(2) The provisions of this Chapter shall not apply to undertakings
in industries to which the provisions of the Bombay Act for the time being
apply.
(3) If the number of employees employed in any undertaking to
which the provisions of this Chapter apply at any time falls below fifty
continuously for a period of one year, those provisions shall cease to apply to
such undertaking.
11.
APPLICATION FOR RECOGNITION OF UNION. - (1) Any union (hereinafter referred to as the
"applicant-union") which has for the whole of the period of six
calendar months immediately preceding the calendar month in which it so applies
under this section a membership of not less than thirty per cent. of the number
of employees employed in any undertaking may apply in the prescribed form to
the Industrial Court
for being registered as a recognised union for such undertaking.
(2)
Every such application shall be disposed of by the Industrial Court as far as
possible within three months from the date of receipt of the application, where
a group of concerns in any industry which is notified to be one undertaking for
which recognition is applied for is situated in the same local area; and in any
other case, within four months.
Explanation: 'Local area' for the purposes of this sub-section
means the area which the State Government may, by notification in the Official
Gazette, specify in the notification.
(1) On receipt of an application from a union for recognition
under section 11 and on payment of the prescribed fees, not exceeding rupees
five the Industrial Court shall, if it finds the application on a preliminary
scrutiny to be in order, cause notice to be displayed on the notice board of
the undertaking, declaring its intention to consider the said application on
the date specified in the notice, and calling upon the other union or unions,
if any, having membership of employees in that undertaking and the employers
and employees affected by the proposal to show cause, within a prescribed time,
as to why recognition should not be granted to the applicant-union.
(2) If, after considering the objections, if any, that may be
received under sub-section (1) from any other union (hereinafter referred to as
"other union") or employers or employees, if any, and if after
holding such enquiry in the matter as it deems fit, the Industrial Court comes
to the conclusion that the conditions requisite for registration specified in
section 11 are satisfied, and the applicant-union also complies with the
conditions specified in section 19 of this Act, the Industrial Court shall,
subject to the provisions of this section, grant recognition to the
applicant-union under this Act, and issue a certificate of such recognition in
such form as may be prescribed.
(3) If the Industrial Court comes to the conclusion, that any of
the other unions has the largest membership of employees employed in the
undertaking, and the said other union has notified to the Industrial Court its
claim to be registered as a recognised union for such undertaking, and if it
satisfies the conditions requisite for recognition specified in section 11, and
also complies with the conditions specified in section 19 of this Act, the
Industrial Court shall, subject to the provisions of this section, grant such recognition
to the other union, and issue a certificate of such recognition in such form as
may be prescribed.
Explanation: For the purpose of this sub-section, the other union
shall be deemed to have applied for recognition in the same calendar month as the
applicant-union.
(4) There shall not, at any time, be more than one recognised
union in respect of the same undertaking.
(5) The Industrial
Court shall not recognise any union, if it is
satisfied that the application for its recognition is not made bona fide in the
interest of the employees, but is made in the interest of the employer, to the
prejudice of the interest of the employees.
(6) The Industrial
Court shall not recognise any union, if, at any
time, within six months immediately preceding the date of the application for
recognition, the union has instigated, aided or assisted the commencement or
continuation of a strike which is deemed to be illegal under this Act.
(1) The Industrial Court shall cancel the recognition of a union
if after giving notice to such union to show cause why its recognition should
not be cancelled, and after holding an inquiry, it is satisfied, -
(i) that it was recognised under mistake, misrepresentation or
fraud; or
(ii) that the membership of the union has, for a continuous period
of six calendar months, fallen below the minimum required under section 11 for
its recognition:
Provided that, where a strike (not being an illegal strike under
the Central Act) has extended to a period exceeding fourteen days in any
calendar month, such month shall be excluded in computing the said period of
six months :
Provided further that, the
recognition of a union shall not be cancelled under the provisions of this sub-clause,
unless its membership for the calendar month in which show cause notice under
this section was issued was less than such minimum; or
(iii) that the recognised
union has, after its recognition, failed to observe any of the conditions
specified in section 19; or
(iv) that the recognised
union is not being conducted bona fide in the interest of employees, but in the
interests of employer to the prejudice of the interest of employees; or
(v) that it has
instigated, aided or assisted the commencement or continuation of a strike
which is deemed to be illegal under this Act; or
(vi) that its registration
under the Trade Unions Act, 1926, XVI of 1926 is cancelled; or (vii) that
another union has been recognised in place of a union recognised under this
Chapter.
(2) The Industrial
Court may cancel the recognition of a union if,
after giving notice to such union to show cause why its recognition should not
be cancelled, and after holding an inquiry, it is satisfied, that it has
committed any practice which is, or has been declared as, an unfair labour
practice under this Act :
Provided that, if having regard to the circumstances in which such
practice has been committed, the Industrial Court is of opinion, that instead
of cancellation of the recognition of the union, it may suspend all or any of
its rights under sub-section (1) of section 20 or under section 23, the
Industrial Court may pass an order accordingly, and specify the period for
which such suspension may remain in force.
(1) If any union makes an application to the Industrial Court for
being registered as a recognised union in place of a recognised union already
registered as such (hereinafter in this section referred to as the
"recognised union") for an undertaking, on the ground that it has the
largest membership of employees employed in such undertaking, the Industrial
Court shall, if a period of two years has elapsed since the date of
registration of the recognised union, call upon the recognised union by a
notice in writing to show cause, within thirty days of the receipt of such
notice, as to why the union now applying should not be recognised in its place.
An application made under this sub-section shall be accompanied by
such fee not exceeding rupees five as may be prescribed:
Provided that, the Industrial
Court may not entertain any application for
registration of a union, unless a period of one year has elapsed since the date
of disposal of the previous application of that union.
(2) If, on the expiry of the period of notice under sub-section
(1), the Industrial Court finds, on preliminary scrutiny, that the application
made is in order, it shall cause notice to be displayed on the notice board of
the undertaking, declaring its intention to consider the said application on
the date specified in the notice, and calling upon other union or unions, if
any, having membership of employees in that undertaking, employer and employees
affected by the proposal to show cause within a prescribed time as to why
recognition should not be granted.
(3) If, after considering the objections, if any, that may be
received under sub-section (2) and if, after holding such enquiry as it deems
fit (which may include recording of evidence of witnesses and hearing of parties),
the Industrial Court comes to the conclusion that the union applying complies
with the conditions necessary for recognition specified in section 11 and that
its membership was, during the whole of the period of six calendar months
immediately preceding the calendar months, in which it made the application
under this section, larger than the membership of the recognised union, then
the Industrial Court shall, subject to the provisions of section 12 and this
section, recognise the union applying in place of the recognised union, and
issue a certificate of recognition in such form as may be prescribed.
(4) If the Industrial Court comes to the conclusion that any of
the other unions has the largest membership of employees in the undertaking,
and such other union has notified to the Industrial Court its claim to be
registered as a recognised union for such undertaking, and if, such other union
satisfies the conditions requisite for recognition under section 11 and
complies with the conditions specified in section 19 of this Act, the
Industrial Court shall grant such recognition to such other union, and issue a
certificate of such recognition is such form as may be prescribed.
Explanation: For the purpose of this sub-section, the other union
shall be deemed to have applied for recognition in the same calendar month as
the applicant-union.
(5)
Every application under this section shall be disposed of by the Industrial
Court as far as possible, within three months, from the date of receipt of the
application, where a group of concerns in any industry which is notified to be
one undertaking for which recognition is applied for is situated in the same
local area; and in any other case, within four months.
Explanation: "local area" for the purposes of this sub-section
means the area which the State Government may, by notification in the Official
Gazette, specify in such notification.
(1) Any union the recognition of which has been cancelled on the
ground that it was recognised under a mistake or on the ground specified in
clause (ii) section 13, may, at any time after three months from the date of
such cancellation and on payment of such fees as may be prescribed apply again
to the Industrial Court for recognition; and thereupon the provisions of
sections 11 and 12 shall apply in respect of such application as they apply in
relation to an application under section 11.
(2) A union, the recognition of which has been cancelled on any
other ground, shall not, save with the permission of the industrial Court, be
entitled to apply for re-recognition within a period of one year from the date
of such cancellation.
16.
LIABILITY OF UNION OR MEMBERS NOT RELIEVED BY CANCELLATION. - Notwithstanding anything
contained in any law for the time being in force, the cancellation of the
recognition of a union shall not relieve the union or any member thereof from
any penalty or liability incurred under this Act prior to such cancellation.
17.
PUBLICATION OF ORDER. - Every order passed under sections
12, 13, 14 or 15 shall be final, and shall be caused to be published by the Industrial Court in
the prescribed manner.
18.
RECOGNITION OF UNION FOR MORE THAN ONE UNDERTAKING. - Subject to the foregoing provisions of this Chapter, a union may
be recognised for more than one undertaking.
19.
OBLIGATIONS OF RECOGNISED UNION. - The rules of a union seeking recognition under this Act shall
provide for the following matters, and the provisions thereof shall be duly
observed by the upon, namely:-
(i)
the membership subscription shall be not less than fifty paise per
month;
(ii) the Executive Committee shall meet at intervals of not more
than three months;
(iii) all resolutions
passed, whether by the Executive Committee or the general body of the union,
shall be recorded in a minute book kept for the purpose;
(iv) an auditor appointed
by the State Government may audit its account at least once in each financial
year.
(1) Such officers, members of the office staff and members of a
recognised union as may be authorised by or under rules made in this behalf by
the State Government shall, in such manner and subject to such conditions as
may be prescribed, have a right, -
(a) to collect sums
payable by members to the union on the premises, where wags are paid to them;
(b) to put up or cause to
be put up a notice-board on the premises of the undertaking in which its
members are employed and affix or cause to be affixed notice thereon;
(c) for the purpose of the
prevention or settlement of an industrial dispute -
(i) to hold discussions on
the premises of the undertaking with the employees concerned, who are the
members of the union but so as not to interfere with the due working of the
undertaking;
(ii) to meet and discuss,
with an employer or any person appointed by him in that behalf, the grievances
of employees employed in his undertaking;
(iii) to inspect, if
necessary, in an undertaking any place where any employee of the undertaking is
employed;
(d) to appear on behalf of
any employee or employees in any domestic or departmental inquiry held by the
employer.
(2) Where there is a recognised union for any undertaking, -
(a) that union alone shall
have the right to appoint its nominees to represent workmen on the Works
Committee constituted under section 3 of the Central Act;
(b) no employee seal be
allowed to appear or act or be allowed to be represented in any proceedings
under the Central Act (not being a proceeding in which the legality or
propriety of an order of dismissal, discharge, removal, retrenchment,
termination of service, or suspension of an employee is under consideration),
except through the recognised union; and the decision arrived at, or order
made, in such proceeding shall be binding on all the employees in such
undertaking; and accordingly, the provisions of the Central Act, that is to
say, the Industrial Disputes Act, 1947, XIV of 1947, shall stand amended in the
manner and to the extent specified in Schedule I.
(1) No employee in an undertaking to which the provisions of the
Central Act for the time being apply, shall be allowed to appear or act or
allowed to be represented in any proceedings relating to unfair labour
practices specified in items 2 and 6 of Schedule IV of this Act except through
the recognised union :
Provided that, where there is no recognised union to appear, the
employee may himself appear or act in any proceeding relating to any such
unfair labour practices.
(2) Notwithstanding anything contained in the Bombay Act, no
employee in any industry to which the provisions of the Bombay Act for the time
being apply, shall be allowed to appear or act or allowed to be represented in
any proceeding relating to unfair labour practices specified in items 2 and 6
of Schedule IV of this Act except through the representative of employees
entitled to appear under section 30 of the Bombay Act.
22. RIGHTS
OR UNRECOGNISED UNIONS. - Such officers, members of
the office staff and members of any union (other than a recognised union) as
may be authorised by or under the rules made in this behalf by the State
Government shall, in such manner and subject to such conditions as may be
prescribed, have a right –
(i) to meet and discuss with an employer or any person appointed
by him in that behalf, the grievances of any individual member relating to his
discharge, removal, retrenchment, termination of service and suspension;
(ii) to appear on behalf of any of its members employed in the
undertaking in any domestic or departmental inquiry held by the employer.
23.
EMPLOYEES AUTHORISED BY RECOGNISED UNION TO APPEAR OR IN CERTAIN
PROCEEDINGS TO BE CONSIDERED AS ON DUTY. - Not more than two members of a recognised union duly authorised by
it in writing who appear or act on its behalf in any proceeding under the
Central Act or the Bombay Act or under this Act shall be deemed to be on duty
on the days on which such proceedings actually take place, and accordingly,
such member or members shall, on production of a certificate from the authority
or the court before which he or they appeared or acted to the effect that he or
they so appeared or acted on the days specified in the certificate, be entitled
to be paid by his or their employer his or their salary and allowances which
would have been payable for those days as if he or they had attended duty on
those days.
Explanation: For the purpose of this section "recognised
union" includes a representative union under the Bombay Act.
24. ILLEGAL
STRIKE AND LOCK-OUT. - In this Act, unless the
context requires otherwise, - (1) "illegal strike" means a strike
which is commenced or continued –
(a) without giving to the employer notice of strike in the
prescribed form, or within fourteen days of the giving of such notice;
(b) where there is a recognised union, without obtaining the vote
of the majority of the members of the union, in favour of the strike before the
notice of the strike is given;
(c) during the pendency of conciliation proceeding under the
Bombay Act or the Central Act and seven days after the conclusion of such
proceeding in respect of matters covered by the notice of strike;
(d) where submission in respect of any of the matters covered by
the notice of strike is registered under section 66 of the Bombay Act, before
such submission, is lawfully revoked;
(e) where an industrial dispute in respect of any of the matters
covered by the notice of strike has been referred to the arbitration of a
Labour Court or the Industrial Court voluntarily under sub-section (6) of
section 58 or section 71 of the Bombay Act, during the arbitration proceedings
or before the date on which the arbitration proceedings are completed or the
date on which the award of the arbitrator comes into operation, whichever is
later;
(f) during the pendency of arbitration proceedings before an
arbitrator under the Central Act and before the date on which the arbitration
proceedings are concluded, if such proceedings are in respect of any of the
matters covered by the notice of strike;
(g) in cases where an industrial dispute has been referred to the
arbitration of a Labour Court or the Industrial Court under sections 72, 73 or
73-A of the Bombay Act, during such arbitration proceedings or before the date
on which the proceeding is completed or the date on which the award of the
Court comes into operation, whichever is later, if such proceedings are in
respect of any of the matters covered by the notice of strike;
(h) in cases where an industrial dispute has been referred to the
adjudication of the Industrial Tribunal or Labour Court under the Central Act,
during the pendency of such proceeding before such authority and before the
conclusion of such proceeding, if such proceeding is in respect of any of the
matters covered by notice of strike :
Provided that, nothing in clauses (g) and (h) shall apply to any
strike, where the union has offered in writing to submit the industrial dispute
to arbitration under sub-section (6) of section 58 of the Bombay Act or section
10-A of the Central Act, and
(i) the employer does not accept the offer; or
(ii) the employer accepts the offer but disagreeing on the choice
of the arbitrator, does not agree to submit the dispute to arbitration without
naming an arbitrator as provided in the Bombay Act, and thereafter, the dispute
has been referred for arbitration of the Industrial Court under section 73-A of
the Bombay Act, or where the Central Act applies, while disagreeing on the
choice of the arbitrator, the employer does not agree to submit the dispute to
arbitration of the arbitrator recommended by the State Government in this
behalf, and thereafter, the dispute has been referred for adjudication of the
Industrial Tribunal or the Labour Court, as the case may be, under the Central
Act; or
(i) during any period in which any settlement or award is in
operation, in respect of any of the matters covered by the settlement or award;
(2) "illegal lock-out" means a lock-out which is
commenced or continued - (a) without giving to the employees, a notice of
lock-out in the prescribed form or within fourteen days of the giving of such
notice;
(b) during the pendency of conciliation proceeding under the
Bombay Act or the Central Act and seven days after the conclusion of such
proceeding in respect of any of the matters covered by the notice of lock-out;
(c) during the period when a submission in respect of any of the
matters covered by the notice of lock-out is registered under section 66 of the
Bombay Act, before such submission is lawfully revoked;
(d) where an industrial dispute in respect of matter covered by
the notice of lock-out has been referred to the arbitration of a Labour Court
or the Industrial Court voluntarily under sub-section (6) of section 58 or
section 71 of the Bombay Act, during the arbitration proceeding or before the
date on which the arbitration proceeding is completed or the date on which the
award of the arbitrator comes into operation, whichever is later;
(e) during the pendency of arbitration proceedings before an
arbitrator under the Central Act and before the date on which the arbitration
proceedings are concluded, if such proceedings are in respect of any of the
matters covered by the notice of lock-out;
(f) in cases where an industrial dispute has been referred to the
arbitration of a Labour Court or the Industrial Court compulsorily under
sections 72, 73 or 73-A of the Bombay Act, during such arbitration proceeding
or before the date on which the proceeding is completed, or the date on which
the award of the Court comes into operation, whichever is later, if such
proceedings are in respect of any of the matters covered by the notice of
lock-out; or
(g) in cases where an industrial dispute has been referred to the
adjudication of the Industrial Tribunal or Labour Court under the Central Act,
during the pendency of such proceeding before such authority and before the
conclusion of such proceeding, if such proceeding is in respect of any of the
matters covered by the notice of lock-out :
Provided that, nothing in clauses (f) and (g) shall apply to any
lock-out where the employer has offered in writing to submit the industrial
dispute to arbitration under sub-section (6) of section 58 of the Bombay Act,
or section 10-A of the Central Act; and
(i) the union does not accept the offer;
(ii) the union accepts the offer, but disagreeing on the choice of
the arbitrator, does not agree to submit the dispute to arbitration without
naming an arbitrator as provided in the Bombay Act, and thereafter, the dispute
has been referred for arbitration of the Industrial Court under section 73-A of
the Bombay Act; or where the Central Act applies, while disagreeing on the
choice of the arbitrator the union does not agree to submit the dispute to arbitration
of the arbitrator recommended by the State Government in this behalf and
thereafter, the dispute has been referred for adjudication of the Industrial
Tribunal or the Labour Court, as the case may be, under the Central Act;
(h) during any period in which any settlement or award is in
operation, in respect of any of the matters covered by the settlement or award.
(1) Where the employees in any undertaking have proposed to go on
strike or have commenced a strike, the State Government or the employer of the
undertaking may make a reference to the Labour Court for a declaration that such
strike is illegal.
(2) Where the employer of any undertaking has proposed a lock-out
or has commenced a lock-out, the State Government or the recognised union or,
where there is or recognised union, any other union of the employees in the
undertaking may make a reference to the Labour Court for a declaration whether
such lock-out will be illegal.
Explanation: For the purposes of this section, recognised union
includes a representative union under the Bombay Act.
(3) No declaration shall be made under this section, save in the
open Court.
(4) The declaration made under this section, shall be recognised
as binding, and shall be followed in all proceedings under this Act.
(5) Where any strike or lock-out declared to be illegal under this
section is withdrawn within forty-eight hours of such declaration, such strike
or lock-out shall not, for the purposes of this Act, be deemed to be illegal
under this Act.
26. UNFAIR
LABOUR PRACTICES. - In this Act, unless the
context requires otherwise, 'unfair labour practices' mean any of the practices
listed in Schedule II, III and IV.
27. PROHIBITION
ON ENGAGING IN UNFAIR LABOUR PRACTICES. - No employer or union and
no employees shall engage in any unfair labour practice.
(1) Where any person has engaged in or is engaging in any unfair
labour practice, then any union or any employee or any employer or any
Investigating Officer may, within ninety days of the occurrence of such unfair
labour practice, file a complaint before the Court competent to deal with such
complaint either under section 5, or as the as the case may be, under section
7, of this Act :
Provided that, the Court may entertain a complaint after the
period of ninety days from the date of the alleged occurrence, if good and
sufficient reasons are shown by the complainant for the late filing of the
complaint.
(2) The Court shall take a decision on every such complaint as far
as possible within a period of six months from the date of receipt of the
complaint.
(3) On receipt of a complaint under sub-section (1), the Court
may, if it so considers necessary, first cause an investigation into the said
complaint to be made by the Investigating Officer, and direct that a report in
the matter may be submitted by him to the Court, within the period specified in
the direction.
(4) While investigating into any such complaint, the Investigating
Officer may visit the undertaking, where the practice alleged is said to have
occurred, and make such enquiries as he considers necessary. He may also make
efforts to promote settlement of the complaint.
(5) The Investigating Officer shall, after investigating into the
complaint under sub-section (4) submit his report to the Court, within the time
specified by it, setting out the full facts and circumstances of the case, and
the efforts made by him in settling the complaint. The Court shall, on demand
and on payment of such fee as may be prescribed by rules, supply a copy of the
report to the complainant and the person complained against.
(6) If, on receipt of the report of the Investigating Officer, the
Court finds that the complaint has not been settled satisfactorily, and that
facts and circumstances of the case require, that the matter should be further
considered by it, the Court shall proceed to consider it, and give its
decision.
(7) The decision of the Court, which shall be in writing, shall be
in the form of an order.
The order of the Court shall be final and shall not be called in
question in any civil or criminal court.
(8) The Court shall cause its order to be published in such manner
as may be prescribed. The order of the Court shall become enforceable from the
date specified in the order.
(9) The Court shall forward a copy of its order to the State
Government and such officers of the State Government as may be prescribed.
(a) all parties to the complaint;
(b) all parties who were summoned to appear as parties to the
complaint, whether they appear or not, unless the Court is of opinion that they
were improperly made parties;
(c) in the case of an employer who is a party to the complaint
before such Court in respect of the undertakings to which the complaint
relates, his heirs, successors or assigns in respect of the undertaking to
which the complaint relates; and
(d) where the party referred to in clause (a) or clause (b) is
composed of employees, all persons, who on the date of the complaint, are
employed in the undertaking to which the complaint relates and all persons who
may be subsequently employed in the undertaking.
(1) Where a Court decides that any person named in the complaint
has engaged in, or is engaging in, any unfair labour practice, it may in its
order -
(a) declare that an unfair
practice has been engaged in or is being engaged in by that person, and specify
any other person who has engaged in, or is engaging in the unfair labour
practice;
(b) direct all such
persons to cease and desist from such unfair labour practice, and take such
affirmative action (including payment of reasonable compensation to the
employee or employees affected by the unfair labour practice, or reinstatement
of the employee or employees with or without back wages, or the payment of
reasonable compensation), as may in the opinion of the Court be necessary to
effectuate the policy of the Act;
(c) where a recognised
union has engaged in or is engaging in, any unfair labour practice, direct that
its recognition shall be cancelled or that all of any or its rights under
sub-section (1) of section 20 or its right under section 23 shall be suspended.
(2) In any proceeding before it under this Act, the Court, may
pass such interim order (including any temporary relief or restraining order)
as it deems just and proper (including directions to the person to withdraw
temporarily the practice complained of, which is an issue in such proceeding),
pending final decision :
Provided that, the Court may, on an application in that behalf,
review any interim order passed by it.
(3) For the purpose of holding an enquiry or proceeding under this
Act, the Court shall have the same powers as are vested in Courts in respect of
–
(a) proof of facts by
affidavit;
(b) summoning and
enforcing the attendance of any person, and examining him on oath;
(c) compelling the
production of documents; and
(d) issuing commissions
for the examination of witnesses.
(4) The Court shall also have powers to call upon any of the
parties to proceedings before it to furnish in writing, and in such forms as it
may think proper, any information, which is considered relevant for the purpose
of any proceedings before it, and the party so called upon shall thereupon
furnish the information to the best of its knowledge and belief, and if so
required by the Court to do so, verify the same in such manner as may be
prescribed.
(1) Where in any proceeding before the Court, if either party,
inspite of notice of hearing having been duly served on it, does not appear,
when the matter is called on for hearing the Court may either adjourn the
hearing of the matter to a subsequent day, or proceed ex parte, and make such
order as it thinks fit.
(2) Where any order is made ex parte under sub-section (1), the
aggrieved party may, within thirty days of the receipt of the copy thereof,
make an application to the Court to set aside such order.
If the Court is satisfied that there was sufficient cause for
non-appearance of the aggrieved party, it may set aside the order so made, and
shall appoint a date for proceeding with the matter:
Provided that, no order shall be set aside on any such application
as aforesaid, unless notice thereof has been served on the opposite party.
32. POWER OF
COURT TO DECIDE ALL CONNECTED MATTERS. - Notwithstanding anything
contained in this Act, the Court shall have the power to decide all matters
arising out of any application or a complaint referred to it for the decision
under any of the provisions of this Act.
(1) The Industrial
Court may make regulations consistent with the
provisions of this Act and rules made thereunder regulating its procedure.
(2) In particular, and without prejudice to the generality of the
foregoing power such regulations may provide for the formation of Benches
consisting of one or more of its members (including provision for formation of
a Full Bench consisting of three or more members) and the exercise by such
Bench of the jurisdiction and powers vested in them:
Provided that, no Bench shall consist only of a member, who has
not been, and at the time of his appointment, was not eligible for appointment
as a Judge of a High Court.
(3) Every regulation made under this section shall be published in
the Official Gazette.
(4) Every proceeding before the Court shall be deemed to be a
judicial proceeding within the meaning of sections 192, 193 and 228 of the
Indian Penal Code, XLV of 1860.
(5) The Court shall have power to direct by whom the whole or any
part of the costs of any proceeding before it shall be paid : Provided that, no
such costs shall be directed to be paid for the service of any legal adviser
engaged by any party.
34.
EXECUTION OF ORDER AS TO COSTS. - An order made by the Court
regarding the costs of a proceeding may be produced before the Court of the
Civil Judge within the local limits of whose jurisdiction any person directed
by such order to pay any sum of money has a place of residence or business, or
where such place is within the local limits of the ordinary civil jurisdiction
of the High Court, before the Court of small Causes of Bombay, and such Court
shall execute such order in the same manner and by the same procedure as if it
were a decree for the payment of money made by itself in a suit.
35. LAW
DECLARED BY INDUSTRIAL COURT TO BE BINDING. - The determination of any question of law in any order, decision,
or declaration passed or made, by the Full Bench of the Industrial Court constituted
under the regulations made under section 33 shall be binding and shall be
followed in all proceedings under this Act.
36.
AUTHORISED OFFICER TO APPEAR IN ANY PROCEEDING BEFORE COURT. - The State Government may authorise, and direct any officer of
Government to appear in any proceeding before the Court by giving notice to
such Court; and on such notice being given; such officer shall be entitled to
appear in such proceeding and to be heard by the Court.
(1) An Investigating Officer shall exercise the powers conferred
on him by or under this Act, and shall perform such duties as may be assigned
to him, from time to time, by the Court.
(2) For the purpose of exercising such powers and performing such
duties, an investigating Officer may, subject to such conditions as may be
prescribed, at any time during working hours, and outside working hours after
reasonable notice, enter and inspect –
(a) any place used for the
purpose of any undertaking;
(b) any place used as the
office of any union;
(c) any premises provided
by an employer for the residence of his employees; and shall be entitled to
call for and inspect all relevant documents which he may deem necessary for the
due discharge of his duties and powers under this Act.
(3) All particulars contained in, or information obtained from,
any document inspected or called for under sub-section (2) shall, if the
person, in whose possession the document was, so requires, be treated as
confidential.
(4) An Investigating Officer may, after giving reasonable notice,
convene a meeting of employees for any of the purposes of this Act, on the
premises where they are employed, and may require the employer to affix a
written notice of the meeting at such conspicuous place in such premises as he
may order, and may also himself affix or cause to be affixed such notice.
The notice shall specify the date, time and place of the meeting,
the employees or class of employees affected, and the purpose for which the
meeting is convened:
Provided that, during the continuance of a lock-out which is not
illegal, no meeting of employees affected thereby shall be convened on such
premises without the employer's consent.
(5) An Investigating Officer shall be entitled to appear in any
proceeding under this Act.
(6) An Investigating Officer may call for and inspect any document
which he has reasonable ground for considering to be relevant to the complaint
or to be necessary for the purpose of verifying the implementation of any order
of the Court or carrying out any other duty imposed on him under this Act, and
for the aforesaid purposes the Investigating Officer shall have the same powers
as are vested in a civil court under the Code of Civil Procedure, 1908, (V of
1908) in respect of compelling the production of documents.
(1) A
Labour Court shall have power to try offences punishable under this Act.
(2) Every offences punishable under this Act shall be tries by a Labour Court within
the limits of whose jurisdiction it is committed.
39. COGNIZANCE OF OFFENCE. - No Labour Court shall take cognizance of any
offence except on a complaint of facts constituting such offence made by the
person affected thereby or a recognised union or on a report in writing by the
Investigating Officer.
40. POWERS AND PROCEDURE OF LABOUR COURTS IN TRIALS. - In respect of offences
punishable under this Act, a Labour Court shall have all the powers under the
Code of Criminal Procedure, 1898, V of 1898, of Presidency Magistrate in
Greater Bombay and a Magistrate of the First Class elsewhere, and in the trial
of every such offence, shall follow the procedure laid down in Chapter XXII of
the said Code for a summary trial in which an appeal lies; and the rest of the
provisions of the said Code shall, so far as may be, apply to such trial.
41. POWERS OF LABOUR
COURT TO IMPOSE HIGHER PUNISHMENT. - Notwithstanding anything
contained in section 32 of the Code of Criminal Procedure, 1898, V of 1898, it
shall be lawful for any Labour
Court to pass any sentence authorised under this
Act in excess of its powers under section 32 of the said Code.
(1) Notwithstanding any thing contained in section 40, an appeal
shall lie to the Industrial Court
- (a) against a conviction by a Labour
Court, by the person convicted;
(b) against an acquittal by a Labour Court in its special jurisdiction,
by the complainant;
(c) for enhancement of a sentence awarded by a Labour Court in its special jurisdiction,
by the State Government.
(2) Every appeal shall be made within thirty days from the date of
the conviction, acquittal or sentence, as the case may be:
Provided that, the Industrial
Court may, for sufficient reason, allow an appeal
after the expiry of the said period.
(1) The Industrial
Court in an appeal under section 42 may confirm,
modify, to, or rescind any order of the Labour Court appealed against; and may
pass such order thereon as it may deem fit.
(2) In respect of offences punishable under this Act, the
Industrial Courts shall have all the powers of the High Court of Judicature at Bombay under the Code of
Criminal Procedure, 1898, V of 1898.
(3) A copy of the order passed by the Industrial Court shall be sent to the Labour Court.
44. INDUSTRIAL COURT TO EXERCISE SUPERINTENDENCE OVER LABOUR COURTS. - The Industrial Court shall have
superintendence over all Labour Courts and may, -
(a) call for returns;
(b) make and issue general rules and prescribe forms for
regulating the practice and procedure of such Courts in matters not expressly
provided for by this Act and in particular, for securing the expeditious
disposal of cases;
(c) prescribe form in which books, entries and accounts shall be
kept by officers of any such Courts; and
(d) settle a table of fees payable for process issued by a Labour Court or the
Industrial Court.
45. POWER OF INDUSTRIAL
COURT TO TRANSFER PROCEEDINGS. - The Industrial Court
may, by order in writing, and for reasons to be stated therein, withdraw any
proceeding under this Act pending before a Labour Court, and transfer the same
to another Labour Court for disposal and the Labour Court to which the
proceeding is so transferred may dispose of the proceeding, but subject to any special
direction in the order of transfer, proceed either de novo or from the stage at
which it was so transferred.
46. ORDERS OF INDUSTRIAL OR LABOUR COURT NOT TO BE CALLED IN
QUESTION IN CRIMINAL COURTS. - No order of a Labour
Court or an order of the Industrial Court in appeal in respect of
offences tried by it under this Act shall be called in question in any criminal
court.
47. PENALTY FOR DISCLOSURE OF CONFIDENTIAL INFORMATION. - If an Investigating
Officer or any person present at, or concerned in, any proceeding under this
Act willfully discloses any information or the contents of any document in
contravention of the provisions of this Act, he shall, on conviction, on a
complaint made by the party who gave the information or produced the document in
such proceeding, be punished with fine which may extend to one thousand rupees.
48.
CONTEMPTS OF INDUSTRIAL OR LABOUR COURTS. –
(1) Any person who fails to comply with any order of the Court
under clause (b) of sub-section (1) or sub-section (2) of section 30 of this
Act shall, on conviction, be punished with imprisonment which may extend to
three months or with fine which may extend to five thousand rupees.
(2) If any person, - (a) when ordered by the Industrial Court or a
Labour Court to produce or deliver up any document or to furnish information
being legally bound so to do, intentionally omits to do so; or
(b) when required by the Industrial
Court or a Labour Court to bind himself by an oath
or affirmation to state the truth refuses to do so;
(c) being legally bound to state the truth on any subject to the
Industrial Court or a Labour Court refuses to answer any question demanded of
him touching such subject by such Court; or
(d) intentionally offers any insult or causes any interruption to
the Industrial Court or a Labour Court at any stage of its judicial proceeding,
he shall, on conviction, be punished with imprisonment for a term which may
extend to six months or with fine which may extend to one thousand rupees or
with both.
(3) If any person refuses to sign any statement made by him, when
required to do so, by the Industrial
Court or a Labour Court, he shall, on conviction, be
punished with imprisonment for a term which may extend to three months or with
fine which may extend to five hundred rupees or with both.
(4) If any offence under sub-section (2) or (3), is committed in
the view or presence of the Industrial Court or as the case may be, a Labour
Court, such Court may, after recording the facts constituting the offence and
the statement of the accused as provided in the Code of Criminal Procedure,
1898, V of 1898 forward the case to a Magistrate having jurisdiction to try the
same, and may require security to be given for the appearance of the accused
person before such Magistrate or, if sufficient security is not given, shall
forward such person in custody to such Magistrate.
The Magistrate to whom any case is so forwarded shall proceed to
hear the complaint against the accused person in the manner provided in the
said Code of Criminal Procedure.
(5) If any person commits any act or publishes any writing which
is calculated to improperly influence the Industrial Court, or a Labour Court
or to bring such Court or a member or a Judge thereof into disrepute or
contempt or to lower its or his authority, or to interfere with the lawful
process of any such Court, such person shall be deemed to be guilty of contempt
of such Court.
(6) In the case of contempt of itself, the Industrial Court shall record the facts
constituting such contempt, and make a report in that behalf to the High Court;
(7) In the case of contempt of a Labour Court, such Court shall record the
facts constituting such contempt, and make a report in that behalf to the Industrial Court;
and thereupon, the Industrial Court
may, if it considers it expedient to do so, forward the report to the High
Court.
(8) When any intimation or report in respect of any contempt is
received by the High Court under sub-sections (6) or (7), the High Court shall
deal with such contempt as if it were contempt of itself, and shall have and
exercise in respect of it the same jurisdiction, powers and authority in
accordance with the same procedure and practice as it has and exercises in
respect of contempt of itself.
49. PENALTY FOR OBSTRUCTING OFFICERS FROM CARRYING OUT THEIR DUTIES
AND FOR FAILURE TO PRODUCE DOCUMENTS OR TO COMPLY WITH REQUISITION OR ORDER. –
Any person who willfully, - (i) prevents or obstructs officers,
members of the office staff, or members any union from exercising any of their
rights conferred by this Act;
(ii) refuses entry to an Investigating Officer to any place which
he is entitled to enter;
(iii) fails to produce any document which he is required to
produce; or
(iv) fails to comply with any requisition or order issued to him
by or under the provisions of this Act or the rules made thereunder; shall, on
conviction, be punished with fine which may extend to five hundred rupees.
50. RECOVERY OF MONEY DUE FROM EMPLOYER. - Where any money is due to
an employee from an employer under an order passed by the Court under Chapter
VI, the employee himself or any other person authorised by him in writing in
this behalf, or in the case of death of the employee, his assignee or heirs
may, without prejudice to any other mode of recovery, make an application to
the Court for the recovery of money due to him, and if the Court is satisfied
that any money is so due, its shall issue a certificate for that amount to the
Collector, who shall, proceed to recover the same in the same manner as an
arrear of land revenue :
Provided that, every such application shall be made within one
year from the date on which the money became due to the employee from the employer:
Provided further that, any such application may be entertained
after the expiry of the said period of one year, if the Court is satisfied that
the applicant had sufficient cause for not making the application within the
said period.
51. RECOVERY OF FINES. - The amount of any fine imposed under this Chapter shall be
recoverable as arrears of land revenue.
52. PERIODICAL RETURNS TO BE SUBMITTED TO INDUSTRIAL AND LABOUR
COURTS. -
Every recognised union shall submit to the Industrial Court and Labour Court on such dates and in such
manner as may be prescribed periodical returns of its membership.
53. MODIFICATIONS OF SCHEDULES. - (1) The State Government
may, after obtaining the opinion of the Industrial Court, by notification in
the Official Gazette, at any time make any addition to, or alteration in, any
Schedule II, III or IV and may, in the like manner, delete any item there from:
Provided that before making any such addition, alteration or
deletion, a draft of such addition, alteration or deletion shall be published
for the information of all persons likely to be affected thereby, and the State
Government shall consider any objections or suggestions that may be received by
it from any person with respect thereto.
(2) Every such notification shall, as soon as possible after its
issue, be laid by the State Government before the Legislature of the State.
54. LIABILITY OF EXECUTIVE OF UNION.
- Where
anything is required to be done by any union under this Act, the person
authorised in this behalf by the executive of the union, and where no person is
so authorised, every member of the executive of the union shall be bound to do
the same, and shall be personally liable, if default is made in the doing of
any such thing.
Explanation: For the purpose of this section, the "executive
of a union" means the body whatever name called to which the management of
the affairs of the union is entrusted.
55. OFFENCE UNDER SECTION 48(1) TO BE COGNIZABLE. - The offence under
sub-section (1) of section 48, shall be cognizable.
56. CERTAIN OFFICERS TO BE PUBLIC SERVANTS. - Investigating Officers,
a member of the Industrial or Labour
Court and a member of the staff of any such Court
shall be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code, XLV of 1860.
57. PROTECTION OF ACTION TAKEN IN GOOD FAITH. - No suit, prosecution or
other legal proceeding shall lie against any person for anything which is in
good faith done or purported to be done by or under this Act.
58. PENDING PROCEEDINGS. - Any proceeding pending before the State
Government or before any tribunal or any other authority, or any proceedings
relating to the trial of offences punishable under the provisions of the
Central Act or Bombay Act before the commencement of this Act shall be
continued and completed as if this Act had not been passed and continued in
operation, and any penalty imposed in such proceedings shall be recorded under
such Central, or as the case may be, Bombay Act.
59. BAR OF PROCEEDINGS
UNDER BOMBAY OR
CENTRAL ACT. - If any proceeding in respect of any matter falling within the purview
of this Act is instituted under this Act, then no proceeding shall at any time
be entertained by any authority in respect of that matter under the Central Act
or, as the case may be, the Bombay Act; and if any proceeding in respect of any
matter within the purview of this Act is instituted under the Central Act, or
as the case may be, the Bombay Act, then no proceedings shall at any time be
entertained by the Industrial or Labour Court under this Act.
60. BAR OF SUITS. - No Civil court shall entertain any suit which forms or which may
form the subject-matter of a complaint or application to the Industrial Court
of Labour Court under this Act; or which has formed the subject of an interim
or final order of the Industrial Court or Labour Court under this Act.
61.
RULES. - (1) The
State Government may, by notification, in the Official Gazette and subject to
the condition of previous publication, make rules for carrying out the purposes
of this Act.
(2) Every rule made under this section
shall be laid as soon as may be after it is made before each House of the State
Legislature, while it is in session for a total period of thirty days which may
be comprised in one session or in two successive sessions, and if, before the
expiry of the session in which it is so laid or the session immediately
following, both Houses agree in making any modification in the rule or both
House agree that the rule should not be made, and notify such decision in the
Official Gazette, the rule shall, from the date of publication of such
notification, 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 or omitted to be
done under that rule.
