Industrial Disputes Act 1947 PDF

THE INDUSTRIAL DISPUTES ACT, 1947 ____________ ARRANGEMENT OF SECTIONS ____________ CHAPTER I...

THE INDUSTRIAL DISPUTES ACT, 1947 ____________ ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. CHAPTER II AUTHORITIES UNDER THIS ACT 3. Works Committee. 4. Conciliation officers. 5. Board of Conciliation. 6. Courts of Inquiry. 7. Labour Courts. 7A. Tribunals. 7B. National Tribunals. 7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals. 7D. Qualifications, terms and conditions of service of Presiding Officer. 8. Filling of vacancies. 9. Finality of orders constituting Boards, etc. CHAPTER IIA NOTICE OF CHANGE 9A. Notice of change. 9B. Power of Government to exempt. CHAPTER IIB REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES 9C. Setting up of Grievance Settlement Authorities and reference of certain individual disputes to such authorities. CHAPTER III REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS 10. Reference of disputes to Boards, Courts or Tribunals. 10A. Voluntary reference of disputes to arbitration. 1  CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES SECTIONS 11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals. 11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen. 12. Duties of conciliation officers. 13. Duties of Board. 14. Duties of Courts. 15. Duties of Labour Courts, Tribunals and National Tribunals. 16. Form of report or award. 17. Publication of reports and awards. 17A. Commencement of the award. 17B. Payment of full wages to workman pending proceedings in higher courts. 18. Persons on whom settlements and awards are binding. 19. Period of operation of settlements and awards. 20. Commencement and conclusion of proceedings. 21. Certain matters to be kept confidential. CHAPTER V STRIKES AND LOCK-OUTS 22. Prohibition of strikes and lock-outs. 23. General prohibition of strikes and lock-outs. 24. Illegal strikes and lock-outs. 25. Prohibition of financial aid to illegal strikes and lock-outs. CHAPTER VA LAY-OFF AND RETRENCHMENT 25A. Application of sections 25C to 25E. 25B. Definition of continuous service. 25C. Right of workmen laid-off for compensation. 25D. Duty of an employer to maintain muster rolls of workmen. 25E. Workmen not entitled to compensation in certain cases. 25F. Conditions precedent to retrenchment of workmen. 25FF. Compensation to workmen in case of transfer of undertakings. 25FFA. Sixty days’ notice to be given of intention to close down any undertaking. 25FFF. Compensation to workmen in case of closing down of undertakings. 25G. Procedure for retrenchment. 25H. Re-employment of retrenched workmen. 25-I. [Repealed.] 25J. Effect of laws inconsistent with this Chapter. 2  CHAPTER VB SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS SECTIONS 25K. Application of Chapter VB. 25L. Definitions. 25M. Prohibition of lay-off. 25N. Conditions precedent to retrenchment of workmen. 25-O. Procedure for closing down an undertaking. 25P. Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976. 25Q. Penalty for lay-off and retrenchment without previous permission. 25R. Penalty for closure. 25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter applies. CHAPTER VC UNFAIR LABOUR PRACTICES 25T. Prohibition of unfair labour practice. 25U. Penalty for committing unfair labour practices. CHAPTER VI PENALTIES 26. Penalty for illegal strikes and lock-outs. 27. Penalty for instigation, etc. 28. Penalty for giving financial aid to illegal strikes and lock-outs. 29. Penalty for breach of settlement or award. 30. Penalty for disclosing confidential information. 30A. Penalty for closure without notice. 31. Penalty for other offences. CHAPTER VII MISCELLANEOUS 32. Offence by companies, etc. 33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings. 33A. Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings. 33B. Power to transfer certain proceedings. 33C. Recovery of money due from an employer. 34. Cognizance of offences. 35. Protection of persons. 36. Representation of parties. 36A. Power to remove difficulties. 36B. Power to exempt. 37. Protection of action taken under the Act. 38. Power to make rules. 3 SECTIONS 39. Delegation of powers. 40. Power to amend Schedules. THE FIRST SCHEDULE.—INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (n) OF SECTION 2. THE SECOND SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS. THE THIRD SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS. THE FOURTH SCHEDULE.—CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN. THE FIFTH SCHEDULE.—UNFAIR LABOUR PRACTICES. 4  THE INDUSTRIAL DISPUTES ACT, 1947 ACT NO. 14 OF 19471 [11th March, 1947.] 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 [(2) It extends to the whole of India: 3 * * * * *] (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,— (a) “appropriate Government” means— (i) in relation to any industrial dispute concerning 4*** any industry carried on by or under the authority of the Central Government, 5*** or by a railway company 6[or concerning any such controlled industry as may be specified in this behalf by the Central Government] 7*** or in relation to an industrial dispute concerning 8[9[10[11[a Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or 12[the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956)], 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), 13***, or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 14[the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)], or the 1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the schedule (w.e.f. 19-12-1962); to Pondicherry by Reg. 7 of 1963 (w.e.f. 1-10-1963); and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and the Schedule. 2. Subs. by Act 36 of 1956, s. 2, for the sub-section (2) (w.e.f. 29-8-1956). 3. Omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 4. Certain words omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 5. The words “by the Federal Railway Authority” omitted by the A.O. 1948. 6. Ins. by Act 65 of 1951, s. 32. 7. The words “operating a Federal Railway” omitted by the A.O. 1950. 8. Ins. by Act 47 of 1961, s. 51 and the Second Schedule, Part III (w.e.f. 1-1-1962). 9. Subs. by Act 36 of 1964, s. 2, for “the Deposit Insurance Corporation established” (w.e.f. 19-12-1964). 10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). 11. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 12. Subs. by Act 24 of 1996, s. 2, for “the Industrial Finance Corporation of India established under section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948)” (w.e.f. 11-10-1995). 13. The words and figures “or the “Indian Airlines” and “Air India” Corporations established under section 3 of the Air Corporations Act, 1953 (27 of 1953)” by s. 2, ibid. (w.e.f. 11-10-1995). 14. Subs. by Act 24 of 1996, s. 2, for “the Oil and Natural Gas Commission established under section 3 of the Oil and Natural Gas Commission Act, 1959 (43 of 1959)” (w.e.f. 11-10-1995). 5  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 1[the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994 (55 of 1994)], 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 2[the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or 3[4[an air transport service, or a banking or an insurance company], a mine, an oil- field] 5[, a Cantonment Board,] or a 6[major port, any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government, and] 7 [(ii) in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government: Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment;] 6 [(aa) “arbitrator” includes an umpire;] [ [(aaa)] “average pay” means the average of the wages payable to a workman— 8 9 (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;] 10 [(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;] 11 [(bb) “banking company” means a banking company as defined in section 5 of the Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, and includes 12[the Export-Import Bank of India,] 13[the Industrial Reconstruction Bank of India,] 1. Subs. by Act 24 of 1996, s. 2, for “the International Airports Authority of India constituted under section 3 of the International Airports Authority of India Act, 1971 (48 of 1971)” (w.e.f. 11-10-1995). 2. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988). 3. Subs. by Act 54 of 1949, s. 3, for “a mine oil-field”. 4. Subs. by Act 24 of 1996, s. 2, for “a banking or an insurance company” (w.e.f. 11-10-1996). 5. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 6. Subs. by Act 24 of 2010, s. 2, for “major port, the Central Government, and” (w.e.f 15-9-2010). 7. Subs. by s. 2, ibid., for sub-clause (ii) (w.e.f. 15-9-2010). 8. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 9. Clause (aa) re-lettered as clause (aaa) by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 10. Subs. by Act 36 of 1956, s. 3, for clause (b) (w.e.f. 10-3-1957). 11. Subs. by Act 38 of 1959, s. 64 and the third Schedule, Part II, for clause (bb). 12. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 4-1-1982). 13. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985). 6  1 2 [ ***,] 3[the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of India, the State Bank of India 4[, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) 5[, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank]] as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);] (c) “Board” means a Board of Conciliation constituted under this Act; 6 [(cc) “closure” means the permanent closing down of a place of employment or part thereof;] (d) “conciliation officer” means a conciliation officer appointed under this Act; (e) “conciliation proceeding” means any proceeding held by a conciliation officer or Board under this Act; 7 [(ee) “controlled industry” means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;] 8 * * * * * (f) “Court” means a Court of Inquiry constituted under this Act; (g) “employer” means,— (i) in relation to an industry carried on by or under the authority of any department of 9[the Central Government or a State Government], the authority prescribed in this behalf, or where no authority is prescribed, the head of the department; (ii) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority; [(gg) “executive”, in relation to a trade union, means the body, by whatever name called, to 10 which the management of the affairs of the trade union is entrusted;] 11 * * * * * (i) a person shall be deemed to be “independent” for the purpose of his appointment as the chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute: 12 [Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate Government the nature and extent of the shares held by him in such company;] 1. Ins. by Act 18 of 1964, s. 38 and the Second Schedule, Part II (w.e.f. 1-7-1964). 2. The words “the Industrial Development Bank of India” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004). 3. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (date to be notified). 4. Subs. by Act 5 of 1970, s. 20, for “and any subsidiary bank” (w.e.f. 19-7-1969). 5. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15-4-1980). 6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 7. Ins. by Act 65 of 1951, s. 32. 8. Omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 9. Subs. by the A.O. 1948, for “a Government in British India”. 10. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). 11. Clause (h) omitted by the A.O. 1950. 12. Ins. by Act 18 of 1952, s. 2. 7  [(j) “industry” means any business, trade, undertaking, manufacture or calling of employers and 1 includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen; (k) “industrial dispute” means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person; [(ka) “industrial establishment or undertaking” means an establishment or undertaking in which 2 any industry is carried on: Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,— (a) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking; (b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;] [(kk) “insurance company” means an insurance company as defined in section 2 of the Insurance 3 Act, 1938 (4 of 1938), having branches or other establishments in more than one State;] 1. Clause (j) shall stand substituted as follows when clause (c) of section 2 of the Industrial Disputes (Amendment) Act, 1982 (46 of 1982) will come into force:— (j) “industry” means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,— (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes— (a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948); (b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include— (1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation:—For the purposes of this sub-clause, “agricultural operation” does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); or (2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service; or (5) khadi or village industries; or (6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or (7) any domestic service; or (8) any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individual or body of individuals in relation to such profession is less than ten; or (9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten; 2. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 3. Ins. by Act 54 of 1949, s. 3. 8  [(kka) “khadi” has the meaning assigned to it in clause (d) of section 2 of the Khadi and Village 1 Industries Commission Act, 1956 (61 of 1956);] [ [(kkb)] “Labour Court” means a Labour Court constituted under section 7;] 2 3 [(kkk) “lay-off” (with its grammatical variations and cognate expressions) means the failure, 4 refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery 5[or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. Explanation.—Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause: Provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day: Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;] (l) “lock-out” means the 6[temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him; [(la) “major port” means a major port as defined in clause (8) of section 3 of the Indian Ports 7 Act, 1908 (15 of 1908); (lb) “mine” means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952)]; [(ll) “National Tribunal” means a National Industrial Tribunal constituted under section 7B;] 2 [(lll) “office bearer”, in relation to a trade union, includes any member of the executive thereof, 8 but does not include an auditor;] (m) “prescribed” means prescribed by rules made under this Act; (n) “public utility service” means— (i) any railway service 7[or any transport service for the carriage of passengers or goods by air]; 8 [(ia) any service in, or in connection with the working of, any major port 9[or dock or any industrial establishment or unit engaged in essential defence services];] (ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; (iii) any postal, telegraph or telephone service; (iv) any industry which supplies power, light or water to the public; (v) any system of public conservancy or sanitation; 1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 2. Ins. by Act 36 of 1956, s. 3 (w.e.f. 10-3-1957). 3. Clause (kka) re-lettered as clause (kkb) by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 5. Subs. by Act 46 of 1982, s. 2, for “or for any other reason” (w.e.f. 21-8-1984). 6. Subs. by s. 2, ibid., for certain words (w.e.f. 21-8-1984). 7. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 8. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). 9. Subs. by Act 25 of 2021, s. 17, for “or dock” (w.e.f. 30-6-2021). 9  (vi) any industry specified in the 1[First Schedule] which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification: Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate Government public emergency or public interest requires such extension; (o) “railway company” means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890); [(oo) “retrenchment” means the termination by the employer of the service of a workman for any 2 reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include— (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or 3 [(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or] (c) termination of the service of a workman on the ground of continued ill-health;] [(p) “settlement” means a settlement arrived at in the course of conciliation proceeding and 4 includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to 5[an officer authorised in this behalf by] the appropriate Government and the conciliation officer;] (q) “strike” means a cessation of work by a body of persons employed in any industry acting in combination or a concerned refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment; [(qq) “trade union” means a trade union registered under the Trade Unions Act, 1926 6 (16 of 1926);] [(r) “Tribunal” means an Industrial Tribunal constituted under section 7A and includes an 7 Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;] 8 [(ra) “unfair labour practice” means any of the practices specified in the Fifth Schedule; (rb) “village industries” has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);] 9 [(rr) “wages” means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes— 1. Subs. by Act 36 of 1964, s. 2 for “Schedule” (w.e.f. 19-12-1964). 2. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 3. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984). 4. Subs. by Act 36 of 1956, s. 3, for clause (p) (w.e.f. 7-10-1956). 5. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965). 6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 7. Subs. by Act 18 of 1957, s. 2, for clause (r) (w.e.f. 10-3-1957). 8. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 9. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 10  (i) such allowances (including dearness allowance) as the workman is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles; (iii) any travelling concession; 1 [(iv) any commission payable on the promotion of sales or business or both;] but does not include— (a) any bonus; (b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; (c) any gratuity payable on the termination of his service;] 2 [(s) “workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person— (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding 3[ten thousand rupees] per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.] STATE AMENDMENT Kerala Amendment of section 2.—In section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), in clause (s), for the words “clerical or supervisory work” the words “clerical, supervisory work or any work for the promotion of sales” shall be substituted. [Vide Kerala Act 12 of 2017, s. 2] Assam Amendment of section 2.—In the principal Act, in section 2, in clause (s), in between the words “or supervisory work” and “for hire or reward”, the words ‘or any work for the promotion of sales”, shall be inserted. [Vide Assam Act 22 of 2007, s. 2] Orissa Amendment of section 2.—In clause(s) of section 2 of the Industrial Disputes Act 1947 (14 of 1947), for the words and comma “operational, clerical or supervisory work”, the words and commas “sales promotion, operational, clerical or supervisory work or any work for promotion of sales” shall be substituted. [Vide Orissa Act 5 of 2014, s. 2] 4 [2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.—5[(1)] Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an 1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 2. Subs. by s. 2, ibid., for clause (s) (w.e.f. 21-8-1984). 3. Subs. by Act 24 of 2010, s. 2, for “one thousand six hundred rupees” (w.e.f. 15-9-2010). 4. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965). 5. Section 2A numbered as sub-section (1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010). 11 industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.] 1 [(2) Notwithstanding anything contained in section l0, any such workman as is specified in sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government. (3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).] STATE AMENDMENT Andhra Pradesh In Section 2A, After the existing sub-section (2), the following sub-section shall be added, namely:— “(3) Notwithstanding anything in sub-sections (1) and (2), no such dispute or difference between that workman and his employer connected with or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in conciliation proceeding within a period of three years from the date of such discharge, dismissal, retrenchment or termination: Provided that the Labour Court or the Conciliation Officer, as the case may be, may consider to extend the said period of three years when the applicant workman satisfies the Court or Conciliation Officer that he had sufficient cause for not raising the dispute within the period of three years.”. [Vide Andhra Pradesh 12 of 2015, s. 2] Union Territory of Jammu and Kashmir and Ladakh Section 2A.—In sub-section (3), for "three years", substitute "one year". [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). Meghalaya Amendment of section 2 (s) of Industrial Disputes Act, 1947 (Central Act No. 14 of 1947).—For the existing clause (s) of section 2 of the Industrial Disputes act, 1947 (Central Act No. 14 of 1947) the following shall be substituted, namely:-- “(S) “Workmen” means any person (including an apprentice) employed in any industry to do any manual skilled or unskilled, technical, sales promotion, operational, clerical or supervisory work or any work for the promotion of sales for hire or reward, whether the terms of employment be expressed or implied, and for the purposes of any proceeding under this act in relation to an industrial 1. Ins. by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010). 12  dispute, includes in connection with, or as a consequence of, that dispute, or whose dismissal, discharge, or retrenchment has led to that dispute, but does not include any such person:— (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) Who is employed in the police service or as an Officer or other employee of a person; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) Who being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly or a managerial nature.” [Vide Meghalaya Act 5 of 2009, s. 2] Rajasthan Amendment of section 2, Central Act No. 14 of 1947.- In the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in section 2,- (a) the existing sub-clause (iii) of clause (g) shall be deleted; and (b) in clause (s), the existing expression “by an employer or by a contractor in relation to the execution of his contract with such employer” shall be deleted. [Vide Rajasthan Act 21 of 2014, s. 2] Amendment of section 2A, Central Act No. 14 of 1947.- In section 2A of the principal Act, after the existing sub-section (3), the following new sub-section shall be added, namely:- “(4) Notwithstanding anything in sub-sections (1), (2) and (3), no such dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in conciliation proceeding within a period of three years from the date of such discharge, dismissal, retrenchment or termination: Provided that an authority, as may be specified by the State Government, may consider to extend the said period of three years when the applicant workman satisfies the authority that he had sufficient cause for not raising the dispute within the period of three years.”. [Vide Rajasthan Act 21 of 2014, s. 3] Rajasthan Amendment of section 2, Central Act XIV of 1947.-In section 2 of the principal Act;-- (i) after clause (aa) the following new clauses shall be inserted, namely- " (aaa) "arbitration proceeding" means- (i) any proceeding under Chapter III-A of this Act before an arbitrator, or (ii) any proceeding before an Industrial Tribunal in arbitration; (aaaa) "arbitrator" means an arbitrator to whom a dispute is referred for arbitration under the provisions of Chapter III-A of this Act and includes an umpire;" (ii) in clause (b), for the words, figures and letter "under section 10A", the words, figures and letter "under Chapter III-A" shall be substituted; (iii) after clause (eee) the following new clause shall be inserted, namely- "(eeee) "member" means a person who is an ordinary member of a Union and who has paid a subscription of not less than four annas per 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 three months or more next preceding such time;"; 13  (iv) in clause (g), after sub-clause (ii), the following sub-clause shall be inserted, namely- " (iii) where the owner of any industry in the course of or for the purpose of conducting the industry contracts with any person for the execution by or under the contractor of the whole or any part of any work which is ordinarily a part of the industry, the owner of the industry;"; (v) after clause (oo) the following new clauses shall be inserted, namely- "(ooo) "Registrar" means the person for the time being appointed to be the Registrar of Unions under this Act and includes in respect of such powers and duties of the Registrar as may be conferred and imposed on him, an Assistant Registrar of Unions; (oooo) "Representative Union" means a Union for the time being registered as a Representative Union under this Act;"; (vi) after clause (rr), the following new clause shall be inserted, namely- "(rrr) "Union" means a Trade Union of employees registered under the Indian Trade Unions Act, 1926 (Central Act XVI of 1926);"; and (vii) in clause (s), after the words "employed in any industry", the words "by an employer or by a contractor in relation to the execution of his contract with such employer" shall be inserted. [Vide Rajasthan Act 34 of 1958, s. 3] CHAPTER II AUTHORITIES UNDER THIS ACT 3. Works Committee.—(1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926). (2) It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters. STATE AMENDMENT Manipur In section 3 of the Disturbed Areas (Special Courts) Act, 1976, (hereinafter referred to as the Principal Act):-- (a) in sub-section (1), between the words, “communities”, and “it may”, the following words, brackets and figures shall be inserted, namely— “or by reason of extension and indiscriminate armed violence by members of an association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967”; (b) in sub-section (2)— (i) In clause (a) of the proviso, the word “and” appearing at the end shall be deleted, and the words, letters and brackets, “save in respect of the cases referred to in clause (aa)”, shall be inserted in the beginning, and 14  (ii) below clause (a) of the proviso so amended, the following clause shall be added, namely:-- “(aa) in respect of extensive and indiscriminate armed violence by members of any association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967, no period commencing from a date earlier than the date of publication of the notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of 1958) in respect of that area or earlier than two years before the date of publication of the notification under sub-section (1), shall be specified therein; and “. [Vide Manipur Act 11 of 1982, s. 2] Rajasthan Insertion of new section 3A, in Central Act XIV of 1947.-After section 3 of the principal Act, the following new section shall be inserted, namely- "3A. Registrar and Assistant Registrar.-(1) The State Government shall, by notification in the Official Gazette, appoint a person to be the Registrar of Unions for the purpose of this Act for the whole of the State. (2) The State Government may, by similar notification, appoint a person to be the Assistant Registrar of Unions for any local area and may, by general or special order, confer on such person all or any of the powers of the Registrar of Unions under this Act." [Vide Rajasthan Act 34 of 1958, s. 4] Insertion of new Chapter II-B in Central Act XIV of 1947.- After section 9B of the principal Act, the following new Chapter shall be inserted, namely:- "CHAPTER II-B Registration of Unions. 9C. Maintenance of register.-It shall be the duty of the Registrar to maintain in such form as may be prescribed a register of Unions registered by him under the provisions of this Act. 9D. Application for Registration.-Any Union which has for the whole of the period of three months next preceding the date of its so applying under this section a membership of not less than fifteen per cent. of the total number of workmen employed in unit of an industry may apply in the prescribed form to the Registrar for registration as a Representative Union. 9E. Registration of Union.-On receipt of an application from a Union for registration under section 9D and on payment of the fee prescribed, the Registrar shall, if, after holding such inquiry as he deems fit, he comes to the conclusion that the conditions requisite for registration specified in the said section are satisfied and that the Union is not otherwise disqualified for registration, enter the name of the Union in the appropriate register maintained under section 9C and issue a certificate of registration in such form as may be prescribed: Provided that- (i) where two or more Unions fulfilling the conditions necessary for registration under this Act apply for registration in respect of the same unit of an industry, the Union having the largest membership of employees employed in the unit of the industry shall be registered; and (ii) the Registrar shall not register any Union if he is satisfied that the application for its registration is not made bona fide in the interest of the workmen but is made in the interest of the employers to the prejudice of the interest of the workmen. 9F. Cancellation of registration.-The Registrar shall cancel the registration of a Union- (a) if, after holding such inquiry, if any, as he deems fit he is satisfied- (i) that it was registered under mistake, misrepresentation or fraud; or (ii) that the membership of the Union has for a continuous period of three months fallen below the minimum required under section 9D for its registration: 15  Provided that where a strike or a closure not being an illegal strike or closure under this Act in a unit of industry involving more than one-third of the workmen in the unit of the industry has extended to a period exceeding fourteen days in any calendar month, such month shall be excluded in computing the said period of three months: Provided further that the registration of a Union shall not be cancelled under the provisions of this sub-clause unless its membership at the time of the cancellation is less than such minimum; or (iii) that the registered Union is being conducted not bona fide in the interests of workmen but in the interests of employers to the prejudice of the interests of workmen; or (iv) that it has instigated, aided or assisted the commencement or continuance of an illegal strike; (b) if its registration under the Indian Trade Unions Act, 1926 (Central Act XVI of 1926) is cancelled. 9G. Registration of another Union in place of existing registered Union.-(1) If at any time any Union (hereinafter in this section referred to as "applicant Union") makes an application to the Registrar for being registered in place of the Union (hereinafter in this section referred to as "representative Union") for a unit of an industry on the ground that it has a larger membership of workmen employed in such unit of the industry, the Registrar shall call upon the representative Union by a notice in writing to show cause within one month of the receipt of such notice why the applicant Union should not be registered in its place. An application made under this sub-section shall be accompanied by such fee as may be prescribed. (2) The Registrar shall forward to the Labour Commissioner of the State Government a copy of the said application and notice. (3) If, on the expiry of the period of notice under sub-section (1) and after holding such inquiry as he deems fit, the Registrar comes to the conclusion that the applicant Union complies with the conditions necessary for registration specified in section 9D and that its membership was during the whole of the period of three months immediately preceding the date of the application under this section larger than the membership of the representative Union, he shall, subject to the provisions of section 9D, register the applicant Union in place of the representative Union. (4) Every application made under this section shall be published in the prescribed manner not less than fourteen days before the expiry of the period of notice under sub-section (1). 9H. Application for re-registration.-(1) Any Union the registration of which has been cancelled on the ground that it was registered under a mistake or on the ground specified in sub-clause (ii) of clause (a) of section 9F may, at any time after three months from the date of such cancellation and on payment of such fees as may be prescribed, apply for re-registration. The provisions of sections 9D and 9E shall apply in respect of such application. (2) A Union the registration of which has been cancelled on any other ground shall, not, save with the permission of the State Government, be entitled to apply for re-registration. 9I. Appeal to Industrial Tribunal from order of Registrar.-(1) Any party to a proceeding before, the Registrar may, within thirty days from the date of an order passed by the Registrar under this Chapter, appeal against such order to the Industrial Tribunal: Provided that the Industrial Tribunal may, for sufficient reason, admit any appeal made after the expiry of such period. (2) The Industrial Tribunal may admit an appeal under sub-section (1) if on a perusal of the memorandum of appeal and the decision appealed against it finds that the decision is contrary to law or otherwise erroneous. (3) The Industrial Tribunal in appeal, may confirm, modify or rescind any order passed by the Registrar and may pass such consequential orders as it may deem fit. A copy of the orders passed by the Industrial Tribunal, shall be sent to the Registrar. 16  9J. Publication of orders.-Every order passed under section 9E or section 9F or section 9G and every order passed in appeal under section 9I shall be published in the prescribed manner." [Vide Rajasthan Act 34 of 1958, s. 5] 4. Conciliation officers.—(1) The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes. (2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period. 5. Board of Conciliation.—(1) The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute. (2) A Board shall consist of a chairman and two or four other members, as the appropriate Government thinks fit. (3) The chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party: Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the appropriate Government shall appoint such persons as it thinks fit to represent that party. (4) A Board, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number: Provided that if the appropriate Government notifies the Board that the services of the chairman or of any other member have ceased to be available, the Board shall not act until a new chairman or member, as the case may be, has been appointed. 6. Courts of Inquiry.—(1) The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute. (2) A Court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a Court consists of two or more members, one of them shall be appointed as the chairman. (3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number: Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to be available, the Court shall not act until a new chairman has been appointed. 1 [7. Labour Courts.—(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act. (2) A Labour Court shall consist of one person only to be appointed by the appropriate Government. (3) A person shall not be qualified for appointment as the presiding officer of a Labour Court, unless— 2 [(a) he is, or has been, a Judge of a High Court; or (b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or 3* * * * * 4 [(d)] he has held any judicial office in India for not less than seven years; or 4 [(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years. 5 [(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer: Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service ofthe Central Government or State Government, as the case may be, before being appointed as the presiding officer; or (g) he is an officer of Indian Legal Service in Grade Ili with three years' experience in the grade.] 1. Subs. by Act 36 of 1956, s. 4, for section 7 (w.e.f. 10-3-1957). 2. Ins. by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964). 3. Clause (c) omitted by Act 46 of 1982, s. 3 (w.e.f. 21-8-1984). 4. Clauses (a) and (b) re-lettered as (d) and (e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964). 5. Ins. by Act 24 of 2010, s. 4 (w.e.f. 15-9-2010). 17  7A. Tribunals.—(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule 1[and for performing such other functions as may be assigned to them under this Act]. 2 [(1A) The Industrial Tribunal constituted by the Central Government under sub-section (1) shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal referred to in section 7D of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).] (2) A Tribunal shall consist of one person only to be appointed by the appropriate Government. (3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless— (a) he is, or has been, a Judge of a High Court; or 3 [(aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; 4***] 5 [(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department,, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer: Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or (c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.] 6 * * * * * (4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it. STATE AMENDMENT Karnataka Amendment of section 7A.—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) (hereinafter referred to as the principal Act), after clause (a), the following clause shall be inserted, namely:— “(aa) he is, or has been a District Judge, or” [Vide Karnataka Act 6 of 1963, s. 2] Amendment of section 7A.—In clause (aa) of sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), as inserted by the Industrial Disputes (Karnataka Amendment) Act, 1962 (Karnataka Act 6 of 1963), after the words “district Judge” the words “for a period of not less than three years”, shall be inserted. [Vide Karnataka Act 35 of 1963, s. 2] Kerala Amendment of Section 7A.—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) for clause (a), the following clause shall be substituted, namely:-- “(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for appointment as a Judge of a High Court; or”. 1. Ins. by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984). 2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26-5-2017). 3. Ins. by Act 36 of 1964, s. 4 (w.e.f. 19-12-1964). 4. The word “or” omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984). 5. Ins. by Act 24 of 2010, s. 5 (w.e.f. 15-9-2010). 6. Clause (b) omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984). 18 [Vide Kerala Act 28 of 1961, s. 2] Orissa Amendment of section 7A (Act 14 of 1947).—In sub-section (3) of section 7-A of the Industrial Disputes Act, 1947 (14 of 1947), after clause (a), the following new clause shall be inserted, namely:- “(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven years.” [Vide Orissa Act 6 of 1960, s. 2] 7B. National Tribunals.—(1) The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes. (2) A National Tribunal shall consist of one person only to be appointed by the Central Government. (3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal 1 [unless he is, or has been, a Judge of a High Court]. (4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it. 7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals. —No person shall be appointed to, or continue in, the office of the presiding officer of a Labour Court, Tribunal or National Tribunal, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.] 2 [7D. Qualifications, terms and conditions of service of Presiding Officer.—Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation and removal and other terms and conditions of service of the Presiding Officer of the Industrial Tribunal appointed by the Central Government under sub-section (1) of section 7A, shall, after the commencement of 3[the Tribunals Reforms Act, 2021, be governed by the provisions of Chapter II of the said Act]: Provided that the Presiding Officer appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.] 4 [8. Filling of vacancies.—If, for any reason a vacancy (other than a temporary absence) occurs in the office of the presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of the chairman or any other member of a Board or Court, then, in the case of a National Tribunal, the Central Government and in any other case, the appropriate Government, shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage at which the vacancy is filled. 9. Finality of orders constituting Boards, etc.—(1) No order of the appropriate Government or of the Central Government appointing any person as the chairman or any other member of a Board or Court or as the presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in question in any manner; and no act or proceeding before any Board or Court shall be called in question in any manner 1. Subs. by Act 46 of 1982, s. 5, for certain words (w.e.f. 21-8-1984). 2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26-5-2017). 3. Subs. by Act 33 of 2021, s. 8, for “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be governed by the provisions of section 184 of that Act” (w.e.f. 4-4-2021). 4. Subs. by Act 36 of 1956, s. 5, for sections 8 and 9 (w.e.f. 10-3-1957). 19 on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Board or Court. (2) No settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6) of section 12 or sub-section (5) of section 13, as the case may be. (3) Where the report of any settlement arrived at in the course of conciliation proceeding before a Board is signed by the chairman and all the other members of the Board, no such settlement shall be invalid by reason only of the casual or unforeseen absence of any of the members (including the chairman) of the Board during any stage of the proceeding.] 1 [CHAPTER IIA NOTICE OF CHANGE 9A. Notice of change.—No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,— (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or (b) within twenty-one days of giving such notice: Provided that no notice shall be required for effecting any such change— (a) where the change is effected in pursuance of any 2[settlement or award]; or (b) where the workmen likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply. 9B. Power of Government to exempt.—Where the appropriate Government is of opinion that the application of the provisions of section 9A to any class of industrial establishments or to any class of workmen employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the appropriate Government may, by notification in the Official Gazette, direct that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workmen employed in any industrial establishment.] 3 [CHAPTER IIB GRIEVANCE REDRESSAL MACHINERY 9C. Setting up of Grievance Redressal Machinery.—(1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances. (2) The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen. (3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year. (4) The total number of members of the Grievance Redressal Committee shall not exceed more than six: Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately. (5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this Act. 1. Ins. by Act 36 of 1956, s. 6 (w.e.f. 10-3-1957). 2. Subs. by Act 24 of 2010, s. 6, for Chapter IIB (w.e.f. 15-9-2010). 3. Ins. by Act 46 of 1982, s. 7 (w.e.f. 21-8-1984). 20  (6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party. (7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned. (8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment.] Rajasthan Amendment of section 9D, Central Act 14 of 1947.-In the Industrial Disputes Act, 1947 (Central Act 14 of 1947), as amended by the Industrial Disputes (Rajasthan Amendment) Act, 1958 (Rajasthan Act 34 of 1958), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in section 9D, for the words "three months next preceding the date of its so applying", the words "at least three months during the period of six months immediately preceding the calendar month in which it so applies" shall be substituted. [Vide Rajasthan Act 14 of 1970, s. 2] Amendment of section 9E, Central Act 14 of 1947.-In section 9E of the principal Act, the existing section shall be numbered as subsection (1) and after sub-section (1) so re-numbered, the following new sub-section shall be inserted, namely:- "(2) Once a union has been registered as a representative union under this Act, the registration of the union shall be held valid for a period of two years from the date of its registration and shall continue to hold valid unless the registration is cancelled under section 9F of this Act or another union is registered in its place according to section 9G of this Act." [Vide Rajasthan Act 14 of 1970, s. 3] Amendment of section 9F, Central Act 14 of 1947.-In sub-clause (ii) of clause (a) of section 9F of the principal Act, after the words "continuous period of three months", the words "at any time after two years from the date of its registration" shall be inserted. [Vide Rajasthan Act 14 of 1970, s. 4] Amendment of Chapter II-B, Central Act No.14 of 1947.- Chapter II-B of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as “CHAPTER IIC”. [Vide Rajasthan Act 21 of 2014, s. 4] Amendment of section 9G, Central Act 14 of 1947.-In section 9G of the principal Act- (a) in sub-section (1)— (i) the words "at any time", occurring after the word "If" shall be deleted; and (ii) after the words "for a unit of an industry", the words "at any time after a lapse of two years from the date of registration of the representative union" shall be inserted; and (b) in sub-section (3), for the words "three months immediately preceding the date of the application", the words "at least three months during the period of six months immediately preceding the calendar month in which it so applied" shall be substituted. [Vide Rajasthan Act 14 of 1970, s. 5] Amendment of section 9C, Central Act No. 14 of 1947.- Section 9C of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as “9CC”. [Vide Rajasthan Act 21 of 2014, s. 5] Amendment of section 9D, Central Act No. 14 of 1947.- In section 9D of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, the existing expression “fifteen per cent” shall be substituted by the expression “thirty per cent”. [Vide Rajasthan Act 21 of 2014, s. 6] 21  CHAPTER III REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS 10. Reference of disputes to Boards, Courts or Tribunals.—(1) 1[Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time], by order in writing,— (a) refer the dispute to a Board for promoting a settlement thereof; or (b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry; or 2 [(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the Second Schedule, to a Labour Court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for adjudication: Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c):] 3[Provided further that] where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate Government shall, unless it considers that the notice has been frivolously or vexatiously given or that it would be inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this Act in respect of the dispute may have commenced: 4[Provided also that where the dispute in relation to which the Central Government is the appropriate Government, it shall be competent for that Government to refer the dispute to a Labour Court or an Industrial Tribunal, as the case may be, constituted by the State Government.] 5 [(1A) Where the Central Government is of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not it is the appropriate Government in relation to that dispute, at any time, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a National Tribunal for adjudication.] (2) Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a Board, Court, 6[Labour Court, Tribunal or National Tribunal], the appropriate Government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly. 7 [(2A) An order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall submit its award on such dispute to the appropriate Government: Provided that where such industrial dispute is connected with an individual workman, no such period shall exceed three months: Provided further that where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, to the Labour Court, Tribunal or National Tribunal for extension of such period or for any other reason, and the presiding officer of such Labour Court, Tribunal or National Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in writing, extend such period by such further period as he may think fit: Provided also that in computing any period specified in this sub-section, the period, if any, for which the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction or order of a Civil Court shall be excluded: 1. Subs. by Act 18 of 1952, s. 3, for “If any industrial dispute exists or is apprehended, the appropriate Government may”. 2. Subs. by Act 36 of 1956, s. 7, for clause (c) (w.e.f. 10-3-1957). 3. Subs. by s. 7, ibid., for “Provided that” (w.e.f. 10-3-1957). 4. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984). 5. Ins. by Act 36 of 1956, s. 7 (w.e.f. 10-3-1957). 6. Subs. by Act 36 of 1956, s. 7, for “or Tribunal” (w.e.f. 10-3-1957). 7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984). 22  Provided also that no proceedings before a Labour Court, Tribunal or National Tribunal shall lapse merely on the ground that any period specified under this sub-section had expired without such proceedings being completed.] (3) Where an industrial dispute has been referred to a Board, 1[Labour Court, Tribunal or National Tribunal] under this section, the appropriate Government may by order prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference. 1 [(4) Where in an order referring an industrial dispute to 2[a Labour Court, Tribunal or National Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of dispute for adjudication, 3[the Labour Court or the Tribunal or the National Tribunal, as the case may be], shall confine its adjudication to those points and matters incidental thereto. (5) Where a dispute concerning any establishment or establishments has been, or is to be, referred to a 4 [Labour Court, Tribunal or National Tribunal] under this section and the appropriate Government is of opinion, whether on an application made to it in this behalf or otherwise, that the dispute is of such a nature that any other establishment, group or class of establishments of a similar nature is likely to be interested in, or affected by, such dispute, the appropriate Government may, at the time of making the reference or at any time thereafter but before the submission of the award, include in that reference such establishment, group or class of establishments, whether or not at the time of such inclusion any dispute exists or is apprehended in that establishment, group or class of establishments.] 5 [(6) Where any reference has been made under sub-section (1A) to a National Tribunal, then notwithstanding anything contained in this Act, no Labour Court or Tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the National Tribunal, and accordingly,— (a) if the matter under adjudication before the National Tribunal is pending a proceeding before a Labour Court or Tribunal, the proceeding before the Labour Court or the Tribunal, as the case may be, in so far as it relates to such matter, shall be deemed to have been quashed on such reference to the National Tribunal; and (b) it shall not be lawful for the appropriate Government to refer the matter under adjudication before the National Tribunal to any Labour Court or Tribunal for adjudication during the pendency of the proceeding in relation to such matter before the National Tribunal. [Explanation.—In this sub-section, “Labour Court” or “Tribunal” includes any Court or Tribunal 6 or other authority constituted under any law relating to investigation and settlement of industrial disputes in force in any State.] (7) Where any industrial dispute, in relation to which the Central Government is not the appropriate Government, is referred to a National Tribunal, then notwithstanding anything contained in this Act, any reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the appropriate Government in relation to such dispute shall be construed as a reference to the Central Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any other provision of this Act to the appropriate Government in relation to that dispute shall mean a reference to the State Government.] 7 [(8) No proceedings before a Labour Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government.] 1. Ins. by Act 18 of 1952, s. 3. 2. Subs. by Act 36 of 1956, s. 7, for “a Tribunal” (w.e.f. 10-3-1957). 3. Subs. by s. 7, ibid., for “the Tribunal” (w.e.f. 10-3-1957). 4. Subs. by s. 7, ibid., for “Tribunal” (w.e.f. 10-3-1957). 5. Ins. by s. 7, ibid. (w.e.f. 10-3-1957). 6. Ins. by Act 36 of 1964, s. 5 (w.e.f. 19-12-1964). 7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984). 23  STATE AMENDMENT Karnataka Amendment of Central Act XIV of 1947.—(1) In section 10 of the Industrial Disputes Act, 1947, as amended by the Industrial Disputes (Madras Amendment) Act, 1949 (Madras Act XII of 1949), sub-section (2A) shall be omitted. (2) Section 10A of the Industrial Disputes Act, 1947, as inserted by the Industrial Disputes (Mysore Amendment) Act, 1953 (Mysore Act 15 of 1953), shall be omitted. [Vide Karnataka Act 1 of 1960, s. 2] Karnataka Amendment of section 10.—In the industrial Disputes Act, 1947 (Central Act 14 of 1947) (hereinafter referred to as the principal Act), in section 10, after sub-section (4), the following sub-section shall be inserted namely:— “(4A) Notwithstanding anything contained in the section 9C and in this section, in the case of a dispute falling within the scope of section 2A, the individual workman concerned may, within six months from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the Industrial Disputes (Karnataka Amendment) Act, 1987, whichever is later, apply, in the prescribed manner, to the Labour Court for adjudication of the dispute and the Labour Court dispose of such application in the same manner as a dispute referred under sub-section (1). Note.—An application under sub-section (4A), may be made even in respect of a dispute pending consideration of the Government for reference, on the date of commencement of the Industrial Disputes (Karnataka Amendment) Act, 1987.” [Vide Karnataka Act 5 of 1988, s. 2] 1 [10A. Voluntary reference of disputes to arbitration.—(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement. 2 [(1A) Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.] (2) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed. (3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer and the appropriate Government shall, within 3[one month] from the date of the receipt of such copy, publish the same in the Official Gazette. 2 [(3A) Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may, within the time referred to in sub-section (3), issue a notification in such manner as 1. Ins. by Act 36 of 1956, s. 8 (w.e.f. 10-3-1957). 2. Ins. by Act 36 of 1964, s. 6 (w.e.f. 19-12-1964). 3. Subs. by Act 36 of 1964, s. 6, for “fourteen days” (w.e.f. 19-12-1964). 24 may be prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.] (4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be. 2 [(4A) Where an industrial dispute has been referred to arbitration and a notification has been issued under sub-section (3A), the appropriate Government may, by order, prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.] (5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitration under this section.] STATE AMENDMENT Kerala Insertion of new section 10B.—After section 10A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:- “10B. Power to issue orders regarding terms and conditions of service pending settlement of disputes.— (1) Where an industrial dispute has been referred by the State Government to a Labour Court or Tribunal under sub-section (1) of section 10 and if, in the opinion of that Government, it is necessary or expedient so to do for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community or for maintaining employment or industrial peace in the establishment concerning which such reference has been made, it may, by general or special order, make provision— (a) for requiring the employers or workmen or both to observe such terms and conditions of employment as may be specified in the order or as may be determined in accordance with the order, including payment of money by the employer to any person who is or has been a workman; (b) for requiring any public utility service not to close or remain closed and to work or continue to work on such terms and conditions as may be specified in the order; and (c) for any incidental or supplementary matters which appear to it to be necessary or expedient for the purposes of the order: Provided that no order made under this sub-section shall require any employer to observe terms and conditions of employment less favourable to the workmen than those which were applicable to them at any time within three months immediately preceding the date of the order. Explanation.—For the purposes of this sub-section "public utility service" means— (i) any section of an industrial establishment on the working of which the safety of the establishment or the workmen employed therein depends; (ii) any industry which supplies power, light or water to the public; (iii) any industry which has been declared by the State Government to be a public utility service for the purposes of this Act. (2) An order made under sub-section (1) shall cease to operate on the expiry of a period of six months from the date of order or on the date of the award of the Labour Court or the Tribunal, as the case may be, whichever is earlier. (3) Any money paid by an employer to any person in pursuance of any order under sub-section (1) may be deducted by that employer from out of any monetary benefit to which such person becomes entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may be."] [Vide Kerala Act 30 of 1979, s. 2 ] 25 Karnataka Insertion of new section 10B.—After section 10A of the principal Act, the following section shall be inserted namely:— “10B. Power to issue order regarding terms and conditions of service pending settlement of disputes.—(1) Where an industrial dispute has been referred by the State Government to a Labour Court or a Tribunal under Sub-section (1) of section 10 and if in the opinion of the State Government it is necessary or expedient so to do for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community or for maintain employment or industrial peace in the establishment concerning which such reference has been made, it may, by general or special order, make provision,— (a) for requiring the employer or workman or both to observe such terms and conditions of employment s may be specified in the order or as may be determined in accordance with the order, including payment of money by the employer to any person who is or has been a workman; (b) for requiring any public utility service not to close or remain closed and to work or continue to work on such terms and conditions as may be specified in the order, and (c) for any incidental or supplementary matter which appears to it to be necessary or expedients for the purpose of the order: Provident that no order made under this sub-section shall require any employer to observe terms and conditions of employment less favorable to the workman than those which were applicable to them at any time within the months immediately preceeding the date of the order. Explanation.—For the purpose the this sub-section “public utility service” means,— (i) any section of an industrial establishment on the working of which the safety of the establishment or the workman employed therein depends; (ii) any industry which supplies power, light or water to the public; (iii) any industry which has been declared by the State Government to be a public utility service for the purpose of this Act. (2) An order made under sub-section (1) shall cease to operate on the expiry of a period of six months from the date of the order or on the date of the award of the Labour Court or the Tribunal, as the case may be, whichever is earlier. (3) Any money paid by an employer to any person in pursuance of an order under sub-section (1), may be deducted by that employer from out of any monetary benefit to which such person becomes entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may be. [Vide Karnataka Act 5 of 1988, s. 3] Rajasthan Insertion of new section 10K. in Central Act 14 of 1947.-After section 10J of the principal Act, the following new section shall be inserted, namely:- "10K. State Government may lay down terms and conditions of employment and prohibit strikes, etc.- (1) Notwithstanding anything contained in the Act, if in the opinion of the State Government, it is necessary or expedient so to do, for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community or for maintaining employment or maintaining industrial peace, it may by a general or special order, make provision- 26  (a) for requiring employers, workmen or both to observe for such period as may be specified in the order, such terms and conditions of employment as may be determined in accordance with the order; and (b) for prohibiting, subject to the provision of the order, strikes or lockouts generally or a strike or lockout in connection with any industrial dispute. (2) In case any industrial dispute is raised in respect of any provisions in the order of the State Government made under sub-section (1) within a period of three months of the order, it shall be referred by the State Government for adjudication to an Industrial Tribunal and the order shall lapse when the award of the Tribunal becomes enforceable: Provided, however, that the reference of the industrial dispute to adjudication shall not have the effect of staying the operation of the order”. [Vide Rajasthan Act 14 of 1970, s. 6] Insertion of new Chapter III-A in Central Act XIV of 1947.- For section 10A of the principal Act, the following new Chapter shall be inserted, namely:- "CHAPTER III-A. Arbitration. 10B. Submission.-(1) Any employer and a Representative Union or, in the absence of any registered Representative Union, any other Union which is representative of employees may, by a written agreement, agree to submit any present or future industrial dispute or class of such disputes to the arbitration of any person whether such arbitrator is named in such agreement or not. Such agreement shall be called a submission. (2) A copy of every such submission shall be sent to the Registrar who shall register it in the register to be maintained for the purpose and shall publish it in such manner as may be prescribed. 10C. Submission when revocable.-Every submission shall in the absence of any provision to the contrary contained therein be irrevocable: Provided that a submission to refer future disputes to arbitration may at any time be revoked by any of the parties to such submission by giving the other party three months' notice in writing: Provided further that, before the expiry of the said pe