THE INDUSTRIAL DISPUTES ACT 1947

Section 2(k): 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 term of employment or with the condition of labour, of any person.”

Section 2A: Dismissal, etc Section 2A: Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. Notwithstanding anything contained in Section 10, any such workman as is specified in sub-section (1) may, make an application direct to the labour court or tribunal for the adjudication of the dispute refer to therein after the expiry of 45 days from the date he as made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute refer to it by the appropriate government in accordance with the provisions of this act and all the provisions of this act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate government. The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).

Section 2A: Dismissal, etc Section 2A: Dismissal, etc., of an individual workman to be deemed to be an industrial dispute Sub-section (3) Existing Proposed “The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).” “The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of one year from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).”

Section 2(n): Public Utility Service any railway service or any transport service for the carriage of passengers or goods by air; (ia) any service in, or in connection with the working of , any major port or dock; (ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; any postal, telegraph or telephone service; any industry which supplies power, light or water to the public; any system of public conservancy or sanitation; (vi) any industry specified in First Schedule the which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification: Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate government public emergency or public interest requires such extension;

Section 2(n): Public Utility Services Proviso to sub clause (vi) Existing Proposed “Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension;.” “Provided that the period so specified shall not, in the first instance, exceed one year but may, by a like notification, be extended from time to time, by any period not exceeding two years, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension;.”

Section 9A: Notice of Change No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change, (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or (b) within twenty- one days of giving such notice: Provided that no notice shall be required for effecting any such change-- (a) where the change is effected in pursuance of any settlement or award]; or (b) where the workmen likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.

Fourth Schedule: Conditions of Service for Change of which Notice is to be Given (U/s 9A) Existing Proposed “Total of 11 Conditions of services for change of which notice is to be given.” “Entry No. 6 and Entry No. 11 shall be deleted in the Fourth Schedule, Industrial Disputes Act 1947.”

Fourth Schedule: Conditions of Service for Change of which Notice is to be Given (U/s 9A) Wages, including the period and mode of payment ; Contribution paid, or payable, by the employer to any provident fund or for the benefit of the workmen under any law for the time being in force ; Compensatory and other allowances ; Hours of work and rest intervals; Leave with wages and holidays ; Starting alteration or discontinuance of shift working otherwise than in accordance with standing orders; Classification by grades ; Withdrawal of any customary concession or privilege or change in usage; Introduction of new rules of discipline, or alteration of existing rules except insofar as they are provided in standing orders; Rationalization , standardization or improvement of plant or technique which is likely to lead to retrenchment of workmen; Any increase or reduction (other than casual ) in the number of persons employed or to be employed in any occupation or process or department of shift [ not occasioned by circumstances over which the employer has no control]

Employee Compensation Act, 1923 If an application is not made by the employee himself or by his dependent before the Commissioner for compensation within a period of 90 days from the occurrence of the accident then such an application can be filed by the officer authorized by the State government

THE Minimum Wages Act

Section 2(e): Employer "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26, - (i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948), as manager of the factory; (ii)in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages.

Section 2(e): Employer "employer" means any person who employs, whether directly or through another person, including outsourcing agency or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26, -

Section 2(e): Employer (iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages. “Explanation,- For the purpose of this clause, “Outsourcing agency” means an agency which by a contractual agreement or otherwise, provide service or supplies employees.”

Section 11(1): Wages in kind (1) Minimum wages payable under this Act shall be paid in cash. (2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government being of the opinion that it is necessary in the circumstances of the case may, by notification in the Official Gazette, authorize the payment of minimum wages either wholly or partly in kind. (3) If the appropriate Government is of the opinion that provision should be made for the supply of essential commodities at concessional rates, the appropriate Government may, by notification in the Official Gazette, authorize the provision of such supplies at concessional rates. (4) The cash value of wages in kind and of concessions in respect of supplies of essential commodities at concessional rates authorized under sub-sections (2) and (3) shall be estimated in the prescribed manner. 

Section 11(1): Wages in kind Minimum wages payable under this Act shall be paid in cash. “Provided that every establishment registered under the Factories act, 1948, and every establishment registered under the Gujarat Shops and Establishment act, 1948, wherein not less than twenty employees are engaged, shall pay the minimum wages only through cheque or by depositing the same in any bank.” (2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government being of the opinion that it is necessary in the circumstances of the case may, by notification in the Official Gazette, authorize the payment of minimum wages either wholly or partly in kind. (3) If the appropriate Government is of the opinion that provision should be made for the supply of essential commodities at concessional rates, the appropriate Government may, by notification in the Official Gazette, authorize the provision of such supplies at concessional rates. (4) The cash value of wages in kind and of concessions in respect of supplies of essential commodities at concessional rates authorized under sub-sections (2) and (3) shall be estimated in the prescribed manner. 

The Building and other Construction Workers (Regulation of employment & Conditions of Service) Act, 1996

Section 2(1)(e): Definition (e) Building worker means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, in connection with any building or other construction work but does not include any such person – Who is employed mainly in a managerial or administrative capacity; or Who, being employed in supervisory capacity, draws wages exceeding one thousand six hundred rupees per menses or exercises, either by the nature of the duties attached to the office or by reason of the power vested in him, function mainly of a managerial nature;

Section 2(1)(e): Definition (e) Building worker means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, in connection with any building or other construction work but does not include any such person – Who is employed mainly in a managerial or administrative capacity; or Who, being employed in supervisory capacity, draws wages three times more then the monthly wages of the skilled level or exercises, either by the nature of the duties attached to the office or by reason of the power vested in him, function mainly of a managerial nature;

Self Certification cum Consolidated Annual Returns

The Minimum Wages Act, 1948

Section 18: Maintenance of registers and records Every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed. Every employer shall keep exhibited, in such manner as may be prescribed, in the factory, workshop or place where the employees in Scheduled employment may be employed, or in the case of out-workers, in such factory, workshop or place as may be used for giving out-work to them, notices in the prescribed form containing prescribed particulars. The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent.

Section 18A: Obligation of Employer (Inserted) Every employer in such class of employment as may be notified by the state government, taking into consideration the number of employees employed by him, shall get himself enrolled under the self certification cum consolidated annual return scheme as may be prescribed. The state government shall prescribe audit and assessment norms for compliance of labour laws and labour standards. The incentives to the employer for compliance of labour laws and labour standards shall be, subject to the outcome of audit and assessment, as may be prescribe. Any employer who complies with the provision of sub-section (2) shall be eligible for exemption from the inspections as provided under the act.

Self Certification cum Consolidated Annual Returns The Scheme is also applicable to following Acts: The Factories Act, 1948 The Payment of Bonus Act, 1965 Contract Labour (Regulation and Abolition) Act, 1970 Payment of Gratuity Act, 1972

Compounding of Penalty

Industrial Disputes Act, 1947 Particular Current Provision Proposed Amendment Illegal Strike Imprisonment upto 01 month and/ or fine upto Rs 50 Rs 150 per day but not aggregating more than Rs 3000 Illegal Lockout Imprisonment upto 01 month and/ or fine upto Rs 1000 Rs 300 per day but not aggregating more than Rs 20000 Committing unfair labour practice (Workman) Imprisonment upto 06 months and/ or fine upto Rs 1000 Committing unfair labour practice (Employer)

Compounding of Penalties Offence committed of the same nature shall be compoundable for the first three offences and commensurate with number of persons employed in the establishment 75 % amount so collected from the employer will be distributed amongst workmen and if they are not identifiable than it will be deposited in State’s Social Security  Board under Unorganized Workers’ Social Security Act, 2008

Compounding of Penalties Such provision is made applicable for the following Acts: Industrial Disputes Act, 1947 Minimum Wages Act, 1948 Motor Transport Workers Act, 1961 Payment of Bonus Act, 1965 Contract Labour (Regulation and Abolition) Act, 1970 Payment of Gratuity Act, 1972 Equal Remuneration Act, 1976

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