Labour Law PDF

Labour law  PYQs Analaysis Unit 1 Difference b/w trade union and trade dispute resolving the trade disputes immunities trade union have registration of trade union. unit 2 role of the need of industrial employment (standing orders) act 1946 and its salient features short...

Labour law  PYQs Analaysis Unit 1 Difference b/w trade union and trade dispute resolving the trade disputes immunities trade union have registration of trade union. unit 2 role of the need of industrial employment (standing orders) act 1946 and its salient features short note on: condition of certification appeal against certification procedure of modification and temporary application and model standing order Unit 3 state of up VS jaibir singh; defination of industry concept of workmen all machineries to settle the industrial dispute between the workmen and employee Unit 4 lay off and its conditions right to strike lock out retrechment gherao types as strike  Trade union act, 1920 Defination of trade union & trade dispute Section 2(h) of the trade union act, 1920 lays down the defination of trade union: trade union means any combination, whether permanent or temporary formed prime, primarily for the purpose of regulating the rations rations between workmen, employers, or between workmen and workmen or between employers and employers or for imposing restrictive conditions on the conduct of any trade or business, and including any Federation of two or more trade unions Provided that this act shall not affect 1) any agreement between partners as to their own business 2) any agreement between an employer and those employed by him as to such employment 3) any agreement in consideration of the sale of goodwill of a business or of instructions in any profession, trade or handcraft A trade union is typically thought of as a wage earners or workers.it is a voluntarily formed group of workers in a specific trade or business. An organisation of wage workers known as a trade union was created largely for the purpose of taking collective action to further the defend of its professional interest. These are components of a trade union: 1. There must be a combination of employers and workers in a union 2. The business trade is necessary 3.The primary goal of trade union must be to control employer - employee interactions and establish limitations on how any trade or company may be conducted * National organisation of bank workers's federation of trade union vs union of india (1993) that a federation is not a trade union in accordance with s 2(h) of the trade union act, 1926 of it is not a registered organisation under that act. Any federation made above two or more unions is included in the definition, The appellant lacked the authority to initiate or make any demands for and on behalf of the employees because it is not a registered organisation. Section 2 (g) of the trade union act, 1926 defines trade dispute as any dispute between employers and workmen or between employers and employers or between workmen and workmen which is connected with the employment or non employment or the terms of employment or the conditions of labour, of any person and "workmen" means all persons employed in a trade or industry whether or not in the employment of the employer with whom the trade dispute arises. Registration of a trade union The registration of a trade union is outlined in section 3 to 14, of the Trade union act of 1926. Section 3: appointment of registrars section 3 of the act empowers the appropriate government to appoint a person as the registrar of a trade union. The appropriate government can also appoint as many additional and deputy registrars in a trade union as it deems fit for carrying on the purposes of the act. This is done in order to cruise and carry out the registrar's legal obligations under this act, including any specific power and functions that the Registrar may specify. Also the local boundaries within which any additional or deputy registrar may exercise and carry out those obligations. Section 4: Mode of registration. s.4 of the act provides for the mode of registration of the trade union. According to section, any 7 or more than 7 members of a trade union may by application any for the registration of the trade union subject to the following two condition: 1) at least 7 members should be employed in the establishment on the date of the making of application. 2) at least 10% or a hundred members whichever is less are employed in the establishment and should be a part of it on the date of making the application Section 5: application for registration According to section 5 every application for registration of a trade union shall be made to the registra and shall be accompained by a copy of the rules of the trade union and a statement of the following particulars, namely 1. Workmen → the names, occupation and addresses 2. The name of the trade union and the address of its head office 3. Office-bearers → the titles, names, age, addresses and occupations * if the trade union has been in existence for more than 1 year before the making of an application for is registration, a general statement of assets and liablities of the trade union. Section 6: provisions to be contained in the rules of a trade union According to section 6 of the act the rules for the trade union: 1. The name of the trade union 2. The object of trade union 3. The purpose for which general funds of the trade union should be used 4. Maintenance of a list of the member and adequate facilities 5. The inclusion of ordinary members who shall be the ones actually engaged or employed in an industry with which the trade union is connected 6. The payment of subscription by members of the trade union shall not be less than 25 paise per month per member 7. the condition under which a member is entitled to any benefit, fine or forfeiture 8. the manner in which the rules shall be amended, varied or rescinded 9. the manner in which executive and othe office bearers of the trade union are appointed 10. safe custody of funds of trade union and annual audit 11. the manner in which the trade union may be dissolved M. T. Chandraseran vs sukumaran (1974) The supreme cout ruled that a member cannot be regarded as a trade union member of the subscription fee is not paid. However, subscriptions cannot be rejected based of a reason the prevents membership Section 7: Power to call for further particulars and to require alteration of names If the registrar is not satisfied with the information provided by the trade union the registrar may call for further information and may also refuse to register the trade union until such information is supplied If the registrar is of the opinion that the name of the trade union is similar to already registered trade union or the name night deceive the public or the members of either of the trade union then the registrar shall ask the person making the application to alter the name and refuse the registration of the trade union untill the alteration has been made. Section 8: registration When the registrar is satisfied he shall register the trade union by entering in a register along with the particulars relating to the trade union and application for registration. Each registered trade union should be a body corporative, which makes it a legal entity with perpetual succession. it shall have a common scene, the ability to buy, possess and enter into a contract with both movable and immovable property as well as the ability to sue and be sued using the name. Section 9 certificate of registration After the registration under section 8, the registrar shall issue a certificate of registration, which will be conclusive evidence that the trade union has been duly registered under the act Section 9A :minimum requirement about membership of a trade union. The section mandates that the trade union which has been registered must at all times, continue to have not less than 10% or hundred of the workers, which ever is less subject to a minimum of seven engaged or utilised in an institute or trade with which it’s connected  Cancellation of registration Section 10 cancellation of registration According to section 10 of the act the certificate of registration can be cancelled under the following conditions 1. The trade union itself makes an application to do so 2. if the registrar is satisfied that the certificate has been obtained by fraud or deceit. 3. if the trade union ceased to exist 4. if the trade union has voilated any provision of the act or has continuing with any rule when is in vailation of the act even after notice from the registrar 5. If any union has rescinded any rule provided under section 6 of the act. The proviso of this section states that a notice not less than two month, previous in writing, specifying the grounds on which it is proposed to withdraw or cancel the certificate shall be given by the registrar to the trade union before the certificate is withdrawn or cancelled. Tata electric companies officer's guid V. Registrar of trade union (1994) In this case the Bombay High Court ruled that will full disregard of notification is a requirement for the register to cancel the registration. The register cannot cancel the registration on the grounds that the account statement was not filed earlier. The trade union provides account statement statement after receiving notification from the registrar. Rights and liabilities of registered trade union Funds of trade union. A trade union has two of fund types namily ◦ General fund (section 15) ◦ political fund (section 16) Section 15: objects on which general funds may be spent section 15 lays down the activities on which a registered trade union can spend its fund 1. salaries of the office bearers 2. administration cost of the trade union 3. compensation to the workmen due to any loss arising out of any trade dispute 4. welfare activities of the workers 5. benefits to the workers in case of unemployment, disablity, or death 6. legal cost (bringing or defending any legal suit) 7. publishing materials with the aim of spreading awarnus amongst the workers. 8. education of the workers or their dependents. 9. medical treatment of the workers 10. taking insuranc policies for the welfare of the workers. This fund can only be used for the above mentioned reasons. Section 16 constitution of a separate fund for political purposes In order to promote the civic & political interests of members of the trade union, the trade union con constitute a separate fund from the contribution made separately to the funds. A legally recognised trade union may establish a separate fund with goal of advancing the civil and political objectivis of its members. A recognised trade union is not allowed to use its general finances for its members political Campaigns. The trade union must establish a separate fund for political causes.. The political fund can be used under the following cases: 1. for the payment of any expenses incurred either directly or indirectly, by the candidate for election. 2. for holding of meeting, distribution of any literature or document 3. the maintenance of any person who as member of any legislative body or the local authority 4. the registration of voters on the selection of the candidates for any legislative body or local government 5. for holding political meeting and distribution of any political literature ◦ General funds can not be mixed with political fund. ◦ no member of the trade union should be compelled to contributed to the political funds. Which also means non contributing members can not interfere with the matters of political funds.. Section 17: criminal conspiring in trade dispute section 17 states that no member of a trade union can be held liable for criminal conspirancy mentioned under sub-section 2 of section 120B of the indian penal code regarding any agreement made between the members of the trade union in order to promote the lawful interests of the trade union. This immunity is only applicable with regard to the legal agruments made by trade union member for the promotion of legitimate trade union purposes. The right to call for a strike and persuade members is one of the rights granted to registered trade unions.  A B A and B conspires to get workers to voilate their employment contract. They are guity of a crime under ipc section 120 b But section 17 provides immunities to the trade union Section 18: immunity from civil suits in certain cases sebian 18 of the Act immunises the members of trade union from civil on tortious liablities wrising out of any act done in furtherance or contemplation of any trade dispute. Any authorised officer or member of a registered trade union is eligible for this immunity. No civil action may be brought aginst ther for conduct related to a trade dispute on the grounds that it encourages another person to breach an employment agreement; or interferes with another person's trade, business, or employment. the incentive should be made via legal techniques that are not against the legislation of the state. There is no protection from physical harm, verbal abuse or other illegal tactics. P. Mukundan and ors vs mohan kandy pavithran (1991) In this case, the Kerala High Court ruled that a strike by itself is not a legally actionable offence. Further more it was determined that the provisions of section 18 shield the trade union, its officers and its members from legal actions related to workmen strike. Section l9 enforbability of agreements according to section 25 of ICA any agreement in restraint of a trade is void. Section 19 provides an exception to this; it states that any agreement between the member of a registered trade union in distain of a trade activities is neither void nor voidable. However, such a right is available only to register trade union, as unregistered trade union have to follow the general contact law.  Section 20: right to inspect the books of a trade According to section 20, the account works and the list of the members of any registered trade union can be subject to inspection by the members of the trade union at such time as may be provided under the rules of the trade union. Section 21: right of minor for membership of trade union section 21 provides that a person who is above 15 years of age can be a member of a trade union, and if he becomes a member, he can enjoy all the rights available to the members of the trade union subjected to the conditions laid down by the trade union of which he is a member. Disqualification of the office - bearers Section 21 A.: disqualification of office bearer of a trade union section 21 lays down the condition, the fulfilment of which disqualifies a person from being a member of a trade union. The conditions laid down in the act are as follows. 1. If the member has not attain the age of majority; that is 15 years of age, according to this act 2. If he has been convicted by any court in India for moral turpitude and has been sentenced to imprisonment unless a period of five years has been elapse since his released. Section 22: proportion of office wear to be connected with the industry Section 22 of the act mandates that not less than half of the member of the trade union should be employed in the industry or work with which the trade union is connected. For example, if a trade union is made for the welfare of agricultural labourers, then as per this section, half of the members of such a trade union should be employed in agricultural activities. Changing and amalgamation the name of trade union Section 23: change of name section 23 states that any registered trade union is free to change its name, provided it does not with the consent of not less than two third of its members and subject to fulfilment of the conditions laid down in section 25. Section 24: Amalgamation of trade union Section 24 lays down that two or more trade union can join together and form one trade union with or without dissolving or division of the funds. Such amalgamation can take place only when voting by half of the members of each trade. Union has been effectuated and that 60% of that casted vote should be in favour of the proposal. Section 25: notice of change of name or amalgamation section 25 provides that : 1. A notice in writing of every change of name and of every amalgamation, which is duly signed by the secretary and the seven members of the trade union, changing its name and in case of amalgamation by the secretary and seven members of each and every trade union, which are a party thereto should be sent to the register. 2. If the resistor feels that the proposed name is identical to the name of any existing trade union, or it could deceive the public or the member of either radio union. The register may refuse to change the name. 3. If the register of the state in which the head office of the amalgamated trade union is situated is satisfied that the provisions of this act have complied with the amalgamation should be given effect from the date of such registration  Collective bargain When an organised body negotiates with the employers and fixes the terms of employment by means of bargaining, this is known as collective bargaining. The essential elements of collective bargaining is that it is between interested parties and not by third parties. Essential conditions of collective bargaining: 1..favourable, political and social climate 2. problem solving attitude 3. continuous dialogue Purpose of collective bargaining ◦ to provide an opportunity for the workers to voice, their complaints and grievances regarding the working condition ◦ To pave the way for the employer and workers to reach an amicable solution peacefully without having any ill will towards one another ◦ To prevent any dispute, which is likely to take place in the future by mutually agree on a contract ◦ To foster a peaceful and stable relationship between the workers and the organisation. Industrial employment (standing orders) act 1946. History of the act ◦ To avoid friction amongst the employers and workmen employed in an industry is the principal awn o of industrial legislation in india. ◦ The industrial employment standing orders act, 1946 is one step further in the above direction. ◦ The tripartite indian labour conference held in 1947 emphasised the importance of making a law defining precisely the conditions of employment in order to bring about harmonions relations between employers and workmen's.. ◦ Before the act the conditions of employment of work men were governed by terms and conditions of contract entered into between the employer and the workmen which led to considerable functions. ◦ It was also not unusual on the part of the employer in the industrial establishment to victimise the workmen in the absence of proper law, protecting the legitimate interest of workmen. with the advent of trade, unionism and collective bargaining, new problems of maintaining industrial peace and production for the society were created. ◦ It was then considered that society has wide interest in settlement of terms of employment of industrial labourers and thus the settlement of labour problem became Tripathi and the state representing the society emerged on the scene. ◦ Therefore, the step were taken by the central government to enact industrial employment (standing orders) act, 1946. with a view to afford protection to the workers with regards to condition of employment  Object of the Act The preamble of the act clearly says that the standing order shall deal with the condition of employment of workers in an industrial establishment. The aims of the act has has been: 1. To define, with sufficient precision, the principal conditions of employment in industrial establishment under them, and to make the said condition known to the workmen employed by them. 2. To regulate standard of conduct of the employer and employees so that labour management relations could be improved 3. To maintain proper discipline, harmonious working condition, and achieve higher productivity by providing satisfactory employment and working conditions. 4. To provide for redressal of grievances, arising out of employment or relating to unfair treatment of wrongful extraction on the part of the employer against the employees. 5. To specify the duties and responsibility of both employees and employees. 6. To provide statutory sanctity and important to the standing Meaning of standing orders standing orders set out rules and regulations for employes and working conditions in any employment relationship. Certification procedure Section 3: submission of draft standing orders According to section 3; the employer should submit five copies of the draft of the standing orders proposed by him for adaption in this industrial establishment to the certifying officer within 6 months from the date on which the act becomes applicable to them. The draft should include matter set out in the schedule which may be applicable to the industry; along with statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of trade union.  Section 4 : conditions for certifications of standing orders Section 4 lays down the condition of standing orders act. The conditions for a standing order to be certifiable are: 1. standing order should made in accordance with the schedule provided in the act 2. the standing order or otherwise in conformity with the provisions of the act It is upon the certifying officer or appellante authority to adjudicate upon the fairness or reasonableness of the provisions of any standing order. Section 5: certification of standing order On receipt of the draft,the certifying officer forwards a copy to the trade union or in absence of trade union to workmen with a notice in the prescribed form requiring objections if any, which the workmen may desire to make to the draft standing order to be submitted within 15 days from the receipt of the notice. After giving the employer and workmen opportunity of being ward, the certifying officer decides whether or not any modification is necessary to render the draft standing order certifiable. The certifying officer shall then clarify the standing order with the without modification. Within seven days of the certification, he shall send authenticated copies of the standing order to the employers and the trade union or representatives of the workmen. Draft of standing order → certifying officer → copies to the workmen or trade union → modification to certifying officer → certifying officer decides the modifications are necessary or not → sends copy of certified standing order with in ⑦ days to employer or trade union  Section 6: Appeals Any employer, workmen, trade, union or representative of workmen aggrieved by the order of the certifying officer can within 30 days from the date of which the copies are sent, can appeal to the appellant authority and the appellant authorities decision is final. The order of the appellant Authority should be in writing, confirming the starting order either in the form certified by the certifying officer or after amending sets, standing order by making such modifications or addition as it thinks necessary. The certifying officer after certify the draft standing order after making any modification there in his order is required to send the copies of the certified sending order within seven days to the employer and the trade union or other prescribe representatives of workmen. Section 7: date of operation of standing orders. according to section 7 of the act, if no appeal is made, the the certified standing order can be implemented on the expiry of 30 days from the date on which copies were sent. However, if the appeal is made, then the standing order will come into operation within seven days from the date on which the copies of the judgement of the bill and authorities were sent. Section 8: register of standing order A certified copy of standing order shall be filed by the certifying officer in the register prescribed for the purpose. The copies of standing order that is certified can be obtained by paying the prescribed fee.. Section 9: pasting of certified standing order It is a statutory obligation on the part of the employer to paste the text of certified standing order in English and the language which is known to the majority of workers on special boards meant for the purpose at all near entrance through which majority of workers enter the industrial establishment and all departments where the workers are employed Duration and modification Section 10: duration and modification of standing order Modification in the standing order cannot be done before the expiry of six months from the date of which standing order or the last modification came into operation An employer or workmen or trade union or representative body of the workmen may apply to the certifying officer to have the standing order modified and such application shall be accompanied by five copies of the modifications propose to be made and where such modifications are proposed to be made by agreement between the employer and the workmen or trade union or the representative body of the workmen , a certified copy of the agreement shall be filed along with the application. Penalties and procedure Section 13: penalties and procedure Any employer who fails to submit draft standing order as required by section 3, or who modified the standing order otherwise than in accordance with subsection 10 shall be punishable with fine, which may extent to ₹5000 and in case of continuing offence with a further find which may extend to ₹2000 for every day after the first during which the offence continues. Any employer, who does any act in contravention of the standing order finally, certified under the act for his industrial establishment shall be punished with a fine which may extend to ₹1000 and in case of continuing events may extend to 25,000 for every day after that, first, during which the offence continues  Industrial dispute act, 1947 Industrial dispute According to section 2 (K) of the industrial dispute act, if any conflict or difference arise between employers and employers, between workers and employers, between workers and workers that are associated with any persons, employment or non-employment or related to terms of employment or which the working conditions of the employee, it is referred as an industrial dispute Jadhav J. H. Vs ms. Forbes gokak ltd (2005), It was held that a dispute involving a single worker can be considered as a industrial dispute if the dispute is supported by the trade union or group of workers, regardless of whether the union supporting the workers causes, not the major majority of the union. Individual dispute An individual dispute is one that is raised by a single employee only. If we want to consider an industrial dispute, disagreement must be arise by a registered trade union. Individual dispute become collective industrial dispute when community interest are added to them or when they are backed by workers themselves or their union or Federation on their behalf. Industry according to section 2,(J) means any business trade, undertaking, manufacturing, or calling of employers, and including any calling, services, employment, handicraft, or industrial occupancy or advocation of workmen. an industry exist only when there is relationship between employers and employee, the former is engaged in business, trade, undertaking, manufacturer, or calling of employers, and the letter is engaged in the calling, service, employment, handicraft, or industrial, occupation, and  Bangalore water supply and sewage board vs R. Rajappa In this case, the Supreme Court elaborated upon the definition of industry. The term industry has been given a wide scope and the judgement overall several other decisions the court held - ◦ Any activity will be industry if it fulfil the three test as under: 1. Systematic and organised activity 2. With the corporation between employers and employee 3. For production and distribution of goods and services, whether or not, capital has been invested for this activity ◦ it is a material whether or not, there is profit motive or whether or not, there is capital.. ◦ If the organisation is a trade or business, it does not cease to be one because of philanthropy animating the three test, cannot be exempted from scope of definition of industry ◦ Denomination nature test – whether there is complex of activities, the test would be predominant, nature of service and integrated nature of department, all departments integrated with industry will also be industry. ◦ The exception to industry are: casual activities, small clubs, co- operative, research labs, Gurukul, single dole lawyer, taking help from clerk, selfless charitable activities carried on through volunteers, sovereign function, charitable Institute. Workmen The expression workmen signifies an individual who works in an industry who needs to do any manual, skilled, unskilled, incompetent, specialised, operational, administrative, advisory, and so forth work for contract or reward, regardless of whether the terms of business are communicated or inferred, and for motivations behind any procedure under this act in connection to any industrial dispute, incorporates any person who has been expelled, released, or saved regarding, or as an outcome of case, or whose rejection, release or conservation has prompted the dispute, however, does exclude any such individual – ◦. Who is dependent upon the Air Force, Army and Navy?. ◦ Who is employed in the police administration or as a officer or other representatives in jail. ◦ Who is employed primary in an administrative or managerial limits. Settlement of industrial dispute Authorities under the industrial dispute act The act established seven authorities, including works committee, conciliation officer, conciliation, board, court of enquiry, labour, court, tribunal and national tribunal. Section 3: Works committee The workmen committee has defined in section 3, is a collaborative body, comprising representatives from both employers and workmen. Serving as a platform for articulating, the challenges faced by all parties involved, The primarily objective of the works committee is to address and resolve issues arising in day-to-day operations of an establishment, ultimately, fasting, industrial harmony. The committee score function lies in identifying and addressing employees grievances, striving to each argument through a consultative process. It’s formation is mandated by the appropriate government through a general or special order, specifically in industrial establishment, employing hundred or more workers with currently or within the proceeding 12 months. it is important to note that decision made by the Works committee are not legally binding, emphasising its advisory and consultative nature in the pursuit of amicable relations within the industrial setting Section 4 conciliation officer The provisions of conciliation officer are discussed in section 4 of the industrial dispute act. It specifies that the competent government that is the federal government or state government or local government will appoint any conciliation officer as necessary. The conciliation officers, responsibility for meditating and facilitating the resolution of industrial dispute. The conciliation officer might be appointed permanently or temporarily. Section 5: boards of conciliation The competent government appoints the board of conciliation under section 5. The board of conciliation was formed to promote the resolution of industrial disputes. The board comprises the chairman and two or four additional members. The boards chairman is independent, and the other members are appointed in equal numbers to represent the parties in dispute. The party appoints the person who represents the party. The party must designate such representative within the timeframe specified. If the party fails to do so, the competent government may appoint the individual to be the parties representative. Section 6: courts of inquiry section 6 of the legislative goes on to discuss the establishment of a court of inquiry to investigate the topic at hard. the court of inquiry will be presided over by an independent person or individual chosen by the competent authorities. If the Court has two or more members, any one of them may be selected as chairman. Section 7: labour court section 7 of the legislation, discuss the component authorities establishment of the labour court. It may establish as many labour courts as it seems proper for adjudicating industrial disputes as indicated in schedule II. It is made up of one individual who the appropriate government select. Section 7 A: tribunal section 7A deals with the provision for the establishment of one or more tribunals for the adjudication of dispute concerning the features stated in schedule second or third. Tribunal will be comprised of one person chosen by the relevant government. Power and duties of authority 1. Notice to enter premise: an officer or board member, for investigating and existing or past industrial dispute can enter the premise of the relevant establishment after giving reasonable notice 2. Production of documents before tribunal: an official can summon individuals for assessment or request and review necessary documents related to industrial dispute. 3. Cost: the council, national council, or labour courts have the authority to decide and determine the payment of cost incurred in the procedure. 4. Granting of adjournments: the bench of the judges in various tribunals and quotes may grant adjournment is to the concerned party. 5. Power of tribunal: tribunal and court have similar powers as wasted in common court under the code of civil procedure for various issues 6. Fixation of wages structure: compensation for supervisory work and those drawing more than 1600 per month for activities, primarily of managerial nature 7. Jurisdiction to decide dispute regarding factory closure: court can resolve disputes related to factory closure based on relevant facts, ensuring individual or party rights are protected 8. Power of tribunal to infer with the action taken by the management: tribuna as l can infer with management actions only under court of supervision 9. Power of labour Court: the labour court can decide industrial dispute through adjudication. Penalties under industrial disputes act Section 26: penalty for illicit strikes and lock-outs any workmen who participates in an unlawful strike, will face imprisonment for up to 6 months, fine of up to ₹60 or both. Any employer initiating an illegal logout will be imprisoned for up to 1 month, fine up ₹2000. Or both. Section 27: penalties for inducement, et cetera Any inducing or encouraging others to participate in an unlawful strike or lockdown will be liable for imprisonment of up to 6 months, a fine of up to thousand rupees or both. Section 28: penalty for providing financial aid to unlawful strikes and lockouts Anyone providing financial aid directly to support any unlawful, strike or lockout, will face imprisonment for up to 6 months, a fine of up to thousand rupees or both Section 29: penalty for breach of settlement or award A person breaking any term of settlement or award binding on them under this act, will face imprisonment for up to 6 months, a fine or both. An additional fine of up to ₹200 per day may be imposed if the breach is continuous. section 30: penalty for disclosing secret information Any wilful revealing confidential information as referred to in section 21, contrary to its provision, will face imprisonment for up to 6 months, a fine of ₹1000 or both Section 30 A: penalty for closure with notice And employ, shutting down an undertaking without complying with the above provisions, will face imprisonment for up to 6 months a fine of up to ₹5000 or both Section 31: penalty for various offences And employer violating the provisions of section 33, will face imprisonment for up to 6 months or a fine of ₹1000 both. Anyone contravening any provisions of this act or any rule may under it, for which no specified penalty is given elsewhere will be liable to a fine of rupees hundred. Unfair labour practices Unfair practices by employer 1. Interference with workers right to unionise 2. Dominating or supporting a trade union 3. Establishing employer sponsored trade union 4. Unjust dismissal 5. Discrimination based on union membership 6. Abolishing regular work 7. Modified transfer 8. Favourite and personality 9. Recruitment during strikes 10. Use of violence 11. Refusal to bargain collectively Unfair labour practises by trade union and workmen 1. Supporting illegal strikes 2. Conversion in union membership 3. Refusal to collective bargaining 4. Domination of employers residence 5. Damage to employees property 6. Violence and intimation Concept of economic coercion Strike section 2 (q) Close of the industrial dispute act, states strike as cessation of work by a group of persons employed in an industry, which acts in contribution, or a joint refusal under a common understanding, of any number of people, who are or have been employed to continue to work or to accept employment Essentials of strike According to the definition stated to constitute psych, the following are to be embedded together 1. In one case, it was held that the length of the time of strike has nothing to do with the meaning of strike, even stoppage or refusal to work for a short amount of time would amount to strike 2. In another case, the Supreme Court stated that the right to strike is not a fundamental right, it is only a way of medium for the workmen to put for their grievances in font of employer and to get them resolved(Kameshwar Prasad versus state of Bihar, 1962) Types of strikes 1. General strike A journal style is when workers come together with a shared understanding and stop working, causing significance disruption to their employers operation. These types of strike and labour law strikes are often used to demand improvements in economic expect such as basic pay, bonuses, leaves, and holidays. They are commonly seen in industries like railway, the post and telegraph department and among government employees. 2. Sit down strike. This type of strike involves workers occupying the workplace premises, usually, the factory or office and refusing to work until their demands are met. Workers often dedicate themselves inside the workplace, preventing management from accessing the premise. 3. Slowdown strike Also known as a work to rule strike, this involves workers doing only the minimum amount of work required by their job description. Workers may follow all the rules and regulations to the letter, but may not go above and beyond their duties until their demands are. 4. Wild cat strike This is a spontaneous and unauthorised strike that occurs without the approval of the union leadership. These strikes often arise due to workers frustration with the lack of progress in collective bargaining negotiations or the unions perceived lack of actions on their grievances. 5. Sympathy strike. This type of strike is taken by workers in support of another group of workers who are striking for their own demands. Workers may go on strike to show solidarity with another union 6. One day strike Also known as warning strike, this is short-term strike that last one day or few hours. The purpose of the strike is to send a message to the management and show workers determination to achieve their goal. 7. Lockout. This is a strike intended by the management rather than workers. In a lockout, the management prevents workers from entering the workplace until the workers agree to management demand.  Lockout logout of any factory or industry is governed by the law called industrial dispute act 1947. According to section 22 of this act, lockout of factory or industry must be done only after issuing prior notice to concerned employees. If not, such lockout shall be treated as a legal lockout and concern factory or industry shall be penalise according to the act. According to section 2,(1) logout means temporary, closing of a place of employment or the suspension of work or refusal of an employer to continue to employee any number of persons employed by him. It is a weapon of the employer while strike is a weapon in the hand of the workers. A lockout is a work stoppage in which an employer prevents employees from working. It is declared by the employer to put pressure on their workers to come to their way by consensus about settlement of issued lead to lockout. This is different from a strike in which the employees refuse to work. Thus, a logout is employers weapon while a strike is raised on part of employees. Gherao Gherao means to surround, it is a method in which the group of workers initiate collective actions, aiming at preventing members of the management from leaving the office, the activity can be carried out outside the factory premise as well. The person who is considered as the gherao are not allowed to move from a long time. Sometimes they even have to go without food and water. The national commission on labour has stated that the gherao tend to inflate physical duress on the person and also put danger to the industries go well. gherao is usually short and might last for a few days, a peaceful gheroa consist crimes, whereas violent gherao possess a threat to the well-being and the prop. A peaceful gherao is also called a legal gherao and a violent Gherao is also called as a illegal gherao. Layoffs A layoff means when an employer does not offer a job to a worker whose name is on the worker’s list for their industrial business. This happens when the employer can’t provide work due to reasons like not enough electricity, cold, material, having too many goods in stock, machine breaking natural disaster, or other good reasons. This definition in section 2 (KKK) of the industrial dispute act. Requirements for a layoff To have a layoff: 1. The employer can’t provide work to the workers. 2. This inability to provide work should be due to lack of electricity, coal, material, excess stock, machine breakdown, a natural disaster or a valid reason. 3. The workers name should be on the employers list of workers for their industrial business 4. The worker shouldn’t have been fired If a workers name is on the employers list and they show up for work but aren’t given work within two hours, they are considered laid of that day. Similarly, if a worker is asked to work during the second part of their shift and gets work, they are seen as laid of for the first part of the day. If they show up for work during the second part of this day and still don’t get work. They are considered laid off for the whole day. Retrenchment Retrenchment as defined in section 2 (OO) of the act means letting go of an employee for reasons, other than a punishment for disciplinary action. However, it does not include voluntary retirement, retirement at the specified age in the employment contract, termination due to ongoing illness or the natural conclusion of an employment agreement Requirement for retrenchment For retrenchment to take place: 1. The employer must provide the employee with the written notice, explaining the reasons for retrenchment or they must pay the employee their salary for the notice period as per the section. 2. When an employee is let go, the employer must give them compensation equivalent to 15 days average wages for each year they have continuously worked. 3. A notice of the reduction in the workforce must also be given to the relevant government.