Industrial Dispute Act 1947 PDF

EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS INDUSTRIAL DISPUTE ACT, 1947 An Act to make provision for the investigation and settlement of industrial disputes, and for...

EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS INDUSTRIAL DISPUTE ACT, 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. (Short title, extent and commencement)— (1) This Act may be called the Industrial Disputes Act, 1947. (2) It extends to the whole of India (3) It shall come into force on the first day of April, 1947 AUTHORITIES UNDER THIS ACT 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. Conciliation officers— (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. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS (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. Board of Conciliation — (1) A reconciliation board may be formed to promote the settlement of an industrial dispute due to a notification in the Official Gazette as per the appropriate government notification. (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 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. 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— (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 (C)he has held any judicial office in India for not less than seven years; or (D)he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years. (E)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. 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 6[and for performing such other functions as may be assigned to them under this Act. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS (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 (A) he has, for a period of not less than three years, been a District Judge or an Additional District Judge ] (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.] (4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it. 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 [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. 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. 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 https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS 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. 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 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. 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. (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 one month from the date of the receipt of such copy, publish the same in the Official Gazette. (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 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 https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be. (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. PROCEDURE, POWERS AND DUTIES OF AUTHORITIES 1. ( Procedure and powers of conciliation officers, Boards, Courts and Tribunals)— (1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, Court, Labour Court, Tribunal or National Tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit. (2) A conciliation officer or a member of a Board, or Court or the presiding officer of a Labour Court, Tribunal or National Tribunal] may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates. (3) Every Board, Court, Labour Court, Tribunal and National Tribunal] shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:— (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnesses; (d) in respect of such other matters as may be prescribed; and every inquiry or investigation by a Board, Court, Labour Court, Tribunal or National Tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). (4) A reconciliation officer may enforce the presence of a person for the purpose of examination of any such person or inspect any document that he or she has land to consider to be relevant to an industrial dispute ६ Or is required for this purpose. Confirming the implementation of any award, awarding or carrying out any other duties imposed on it under this Act, and for the above purposes, the Conciliation Officer shall have the same rights as the Code of Civil Procedure, 1908 (5 of 1908). , 7) is vested in a civil court. [In relation to enforcing and examining the presence of any person or to compel the production of documents]. (5) A Court, Labour Court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor or assessors to advise it in the proceeding before it. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS (6) All conciliation officers, members of a Board or Court and the presiding officers of a Labour Court, Tribunal or National Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (7) Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before a Labour Court, Tribunal or National Tribunal shall be in the discretion of that Labour Court, Tribunal or National Tribunal and the Labour Court, Tribunal or National Tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on application made to the appropriate Government by the person entited, be recovered by that Government in the same manner as an arrear of land revenue. (8) Every Labour Court, Tribunal or National Tribunal] shall be deemed to be Civil Court for the purposes of sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 (2 of 1974). (9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908 (5 of 1908). (10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it. 11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen— Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter. 12. Duties of conciliation officers— (1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner. (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute. (4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at. (5) If, on a consideration of the report referred to in sub-section (4), the appropriate Government is satisfied that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal, it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefore. (6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government. 13. Duties of Board— (1) Where a dispute has been referred to a Board under this Act, it shall be the duty of the Board to endeavour to bring about a settlement of the same and for this purpose the Board shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as it thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (2) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the Board shall send a report thereof to the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute. (3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the proceedings and steps taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, its findings thereon, the reasons on account of which, in its opinion, a settlement could not be arrived at and its recommendations for the determination of the dispute. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS (4) If, on the receipt of a report under sub-section (3) in respect of a dispute relating to a public utility service, the appropriate Government does not make a reference to a 3[Labour Court, Tribunal or National Tribunal] under section 10, it shall record and communicate to the parties concerned its reasons therefore. (5) The Board shall submit its report under this section within two months of the date on which the dispute was referred to it or within such shorter period as may be fixed by the appropriate Government: Provided that the appropriate Government may from time to time extend the time for the submission of the report by such further periods not exceeding two months in the aggregate: Provided further that the time for the submission of the report may be extended by such period as may be agreed on in writing by all the parties to the dispute. 14. Duties of Courts— A Court shall inquire into the matters referred to it and report thereon to the appropriate Government ordinarily within a period of six months from the commencement of its inquiry. 15. Duties of Labour Courts, Tribunals and National Tribunals— Where an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the order referring such industrial dispute or the further period extended, submit its award to the appropriate Government. 16.Form of report or award— (1) The report of a Board or Court shall be in writing and shall be signed by all the members of the Board or Court, as the case may be: Provided that nothing in this section shall be deemed to prevent any member of the Board or Court from recording any minute of dissent from a report or from any recommendation made therein. (2) The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its presiding officer. 17.Publication of reports and awards— Every report of a Board or Court together with any minute of dissent recorded therewith, every arbitration award and every award of a Labour Court, Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government thinks fit. 17A. Commencement of the award— (1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17 Provided that— (a) if the appropriate Government is of opinion, in any case where the award has been given by a Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS (b) if the Central Government is of opinion, in any case where the award has been given by a National Tribunal, that it will be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the appropriate Government, or as the case may be, the Central Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days. (2) Where any declaration has been made in relation to an award under the proviso to sub- section (1), the appropriate Government or the Central Government may, within ninety days from the date of publication of the award under section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together with a copy of the order before the Legislature of the State, if the order has been made by a State Government, or before Parliament, if the order has been made by the Central Government. 18. Persons on whom settlements and awards are binding— 1) A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement. (2) Subject to the provisions of sub-section (3), an arbitration award] which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration. (a) all parties to the industrial dispute; (b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, arbitrator, Labour Court, Tribunal or National Tribunal], as the case may be, records the opinion that they were so summoned without proper cause; (c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates; (d) where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part. 19. Period of operation of settlements and awards— 1) A settlement shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS (2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months from the date on which the memorandum of settlement is signed by the parties to the dispute, and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement. (3) An award shall, subject to the provisions of this section, remain in operation for a period of one year Provided that the appropriate Government may reduce the said period and fix such period as it thinks Fit. 20. Commencement and conclusion of proceedings— (1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case may be. (2) A conciliation proceeding shall be deemed to have concluded— (a) where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute; (b) where no settlement is arrived at, when the report of the conciliation officer is received by the appropriate Government or when the report of the Board is published under section 17, as the case may be; or (c) when a reference is made to a Court, 2[Labour Court, Tribunal or National Tribunal] under section 10 during the pendency of conciliation proceedings. (3) Proceedings before an arbitrator under section 10A or before a Labour Court, Tribunal or National Tribunal shall be deemed to have commenced on the date or the reference of the dispute for arbitration or adjudication, as the case may be and such proceedings shall be deemed to have concluded on the date on which the award becomes enforceable. 21. Certain matters to be kept confidential— There shall not be included in any report or award under this Act any information obtained by a conciliation officer, Board, Court,Labour Court, Tribunal, National Tribunal or an arbitrator] in the course of any investigation or inquiry as to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such officer, Board, Court,Labour Court,Tribunal, National Tribunal or an arbitrator], if the trade union, person, firm or company, in question has made a request in writing to the conciliation officer, Board, Court,Labour Court, Tribunal, National Tribunal or an arbitrator, as the case may be, that such information shall be treated as confidential; nor shall such conciliation officer or any individual member of the Board, or Court or the presiding officer https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS of the Labour Court, Tribunal or National Tribunal or the arbitrator or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of the trade union or the person, firm or company in question, as the case may be. STRIKES AND LOCK-OUTS 22. Prohibition of strikes and lock-outs— 1) No person employed in a public utility service shall go on strike in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice as aforesaid; (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. (2) No employer carrying on any public utility service shall lock-out any of his workmen— (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking out; or (b) within fourteen days of giving such notice; or (c) before the expiry the date of lock-out specified in any such notice as aforesaid; (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. (3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services. (4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed. (5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed. (6) If on any day an employer receives from any persons employed by him any such notices as are referred to in sub-section (1) or gives to any persons employed by him any such notices as https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe the number of such notices received or given on that day. General prohibition of strikes and lock-outs— No workman who is employed in any industrialestablishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out— (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings; (b) during the pendency of proceedings before Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings; during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued. (c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award. 24. Illegal strikes and lock-outs— (1) A strike or a lock-out shall be illegal if— (i) it is commenced or declared in contravention of section 22 or section 23; or (ii) it is continued in contravention of an order made under sub-section (3) of section 10. (2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, an arbitrator, Labour Court, Tribunal or National Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of section 10. (3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal. 25.(Prohibition of financial aid to illegal strikes and lock-outs)— No person shall knowingly expend or apply any money in direct furtherance of support of any illegal strike or lock-out. 25E. Workmen not entitled to compensation in certain cases— No compensation shall be paid to a workman who has been laid-off— (i) if he refuses to accept any alternative employment in the same establishment from which he has been laid-off, or in any other establishment belonging to the same employer situate in the https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS same town or village or situate within a radius of five miles from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any special skill or previous experience and can be done by the workman, provided that the wages which would normally have been paid to the workman are offered for the alternative employment also; (ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day; (iii) if such laying-off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment. 25F. Conditions precedent to retrenchment of workmen— No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until— (a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay 2 for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified by the appropriate Government by notification in the Official Gazette. Compensation to workmen in case of transfer of undertakings— Where the ownership ormanagement of an undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to that undertaking to a new employer, every workman who has been in continuous service for not less than one year in that undertaking immediately before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched: Provided that nothing in this section shall apply to a workman in any case where there has been a change of employers by reason of the transfer, if— (a) the service of the workman has not been interrupted by such transfer; (b) the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer; (c) the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by the transfer. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS Sixty days notice to be given of intention to close down any undertaking— (1)An employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate Government stating clearly the reasons for the intended closure of the undertaking. (2) Notwithstanding anything contained in sub-section (1), the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that provisions of sub- section (1) shall not apply in relation to such undertaking for such period as may be specified in the order. Compensation to workmen in case of closing down of undertakings— Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched. Re-employment of retrenched workmen— Where any workmen are retrenched, and the employer proposes to take into his employ any persons, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workmen who are citizens of India to offer themselves for reemployment and such retrenched workman who offer themselves for re-employment shall have preference over other persons. SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS (1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than one hundred workmen were employed on an average per working day for the preceding twelve months. (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final. Prohibition of lay-off— (1) No workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies shall be laid-off by his employer except with the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette (hereafter in this section referred to as the specified authority), obtained on an application made in this behalf, https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS unless such lay-off is due to shortage of power or to natural calamity, and in the case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion. (2) An application for permission under sub-section (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended lay-off and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner. An order of the appropriate Government or the specified authority granting or refusing to grant permission shall, subject to the provisions of sub-section 7. Conditions precedent to retrenchment of workmen— 1) No workman employed in any industrial establishment to which this Chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until,— (a) the workman has been given three months’ notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; and (b) the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette (hereafter in this section referred to as the specified authority) has been obtained on an application made in this behalf. Procedure for closing down an undertaking.— (1) An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner: Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work. (2) Where an application for permission has been made under sub-section (1), the appropriate Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refused to grant such permission and a copy of such order shall be communicated to the employer and the workmen. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976— If the appropriate Government is of opinion in respect of any undertaking of an industrial establishment to which this Chapter applies and which closed down before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976),— (a) that such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer; (b) that there are possibilities of restarting the undertaking; (c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community to restart the undertaking or both; and (d) that the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking. Penalty for lay-off and retrenchment without previous permission.— Any employer who contravenes the provisions of section 25M section 25N shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. Penalty for closure— (1) Any employer who closes down an undertaking without complying with the provisions of sub-section (1) of section 25-O shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. (2) Any employer, who contravenes 2[an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25P], shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction. CHAPTER VI PENALTIES 26. Penalty for illegal strikes and lock-outs— 1) Any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS (2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. 27. Penalty for instigation, etc — Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 28. Penalty for giving financial aid to illegal strikes and lock-outs— Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 29. Penalty for breach of settlement or award— Any person who commits a breach of any term of any settlement or award, which is binding on him under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both and where the breach is a continuing one, with a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first] and the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to any person who, in its opinion, has been injured by such breach. 30. Penalty for disclosing confidential information— Any person who wilfully discloses any such information as is referred to in section 21 in contravention of the provisions of that section shall, on complaint made by or on behalf of the trade union or individual business affected, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 30A. Penalty for closure without notice— Any employer who closes down any undertaking without complying with the provisions shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. SOME IMPORTANT DEFINITION : INDUSTRY "Industry" means any business, trade, under aking manufacture or calling of employers and ncludes any calling service, employment, handicraft, or industrial occupation or avocation of workmen. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS INDUSTRIAL DISPUTE "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. The above definition can be analysed and discussed under the following heads: There should exist a dispute or difference; The dispute or difference should be between: employer and employer; employer and workmen; or workmen and workmen. The dispute or difference should be connected with (a) the employment or non-employment, or (b) terms of employment, or (c) the conditions of labour of any person; The dispute should relate to an industry as defined in Section 2(j). STRIKE "Strike" means a body of persons employed in any industry working in combination, or a solid refusal, or refusal under the common understanding of any person employed to continue to work. is. Section 2 (0) to accept employment. The strike is a weapon of collective bargaining in the armor of the workers. The following points can be noted about the definition of strike: Strike can only occur when there is a Cassian combination of work or refusal to work in combination or by workers working in a concrete manner. The time factor or duration of the strike is immature al. The purpose behind termination of work is irrelevant in determining whether there is a strike or not. This is sufficient if the termination of work is in defiance of the employer authority. Proof of formal consultation is not required. However, mere presence in the striking crowd would not get the strike amount unless it could be shown that the work was finished. TYPES OF STRIKE AND THEIR LEGALITY (i) Stay-in, sit-down, pen-down or tool-down strike. In all such cases, the workmen after taking their seats, refuse to do work. Even when asked to leave the premises, they refuse to do so. All such acts on the part of the workmen acting in combination, amount to a strike. Since such strikes are directed against the employer, they are also called primary strikes. In the case of Punjab National Bank Ltd. v. All India Punjab National Bank Employees' Federation, AIR 1960 SC 160, the Supreme Court observed that on a plain and grammatical construction of this definition it would be difficult to exclude a strike where workmen enter the premises of their employment and refuse to take their tools in hand and start their usual work. Refusal under common understanding not to work is a strike. If in pursuance of such common understanding the employees enter the premises of the Bank and refuse to take their pens in their hands that would no doubt be a strike under Section 2(q). https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS (ii) Go-slow Go-slow does not amount to strike, but it is a serious case of misconduct.In another case, it was observed that slow-down is an insidious method of undermining the stability of a concern and Tribunals certainly will not countenance it. It was held that 'go slow is a serious misconduct being a covert and a more damaging breach of the contract of employment. It is not a legitimate weapon in the armoury of labour. It has been regarded as a misconduct. (iii) Sympathetic strike Cessation of work in the support of the demands of workmen belonging to other employer is called a sympathetic strike. This is an unjustifiable invasion of the right of employer who is not at all involved in the dispute. The management can take disciplinary action for the absence of workmen it was held that such cessation of work will not amount to astrike since there is no intention to use the strike against the management. (iv) Hunger strike Some workers may resort to fast on or near the place of work or residence of the employer. If it is peaceful and does not result in cessation of work, it TYPES OF STRIKE AND THEIR LEGALITY (i) Stay-in, sit-down, pen-down or tool-down strike. In all such cases, the workmen after taking their seats, refuse to do work. Even when asked to leave the premises, they refuse to do so. All such acts on the part of the workmen acting in combination, amount to a strike. Since such strikes are directed against the employer, they are also called primary strikes. In the case of Punjab National Bank Ltd. v. All India Punjab National Bank Employees' Federation, AIR 1960 SC 160, the Supreme Court observed that on a plain and grammatical construction of this definition it would be difficult to exclude a strike where workmen enter the premises of their employment and refuse to take their tools in hand and start their usual work. Refusal under common understanding not to work is a strike. If in pursuance of such common understanding the employees enter the premises of the Bank and refuse to take their pens in their hands that would no doubt be a strike under Section 2(q). (v) Work-to-rule Since there is no cessation of work, it does not constitute a strike. LOCK – OUT "Lock-out" means the temporary closing of 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. In lock out, the employer refuses to continue to employ the workman employed by him even though there is no intention to close down the unit. The essence of lock out is the refusal of the employer to continue to employ workman. Even if suspension of work is ordered, it would constitute lock out. But mere suspension of work, unless it is accompanied by an intention on the part of employer as a retaliation, will not amount to lock out. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES  EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS LAY - OFF "Lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer to give employment due to following reasons, to a workman whose name appears on the muster-rolls of his industrial establishment and who has not been retrenched: shortage of coal, power or raw materials, or accumulation of stocks, or break-down of machinery. RETRENCHMENT "Retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include: voluntary retirement of the workman; retirement of the workman or reaching the age of superannuation if the contract of employment be tween the employer and the workman concerned contains a stipulation in that behalf; or termination of the service of the workman as a re sult of the non-renewal of the contract of employ ment between the employer and the workman concerned on its expiry or of such contract being terminated under stipulation in that behalf con tained therein. termination of the service of workman on the ground of continued ill-health.Thus, the definition contemplates following re quirements for retrenchment: There should be termination of the service of the workman. The termination should be by the employer. The termination is not the result of punishment inflicted by way of disciplinary action. https://www.youtube.com/c/rahulguptaUPSC https://www.youtube.com/ALLEXAMTRICKS CLICK HERE FOR MOBILE APP https://t.me/allexamstricks https://www.facebook.com/ALLEXAMTRICKSS/ LINKS FOR PDF, VIDEOS, MATERIAL AND TEST SERIES