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THE INDUSTRIAL DISPUTES ACT, 1947

Title : THE INDUSTRIAL DISPUTES ACT, 1947

Year : 1947



(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; or

(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 workman-

(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 of the date of lock-out specified in any such notice as aforesaid; or

(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, lockout in the public utility service, but the employer shall send intimation of such lockout 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 person 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 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.



No workman who is employed in any industrial establishment 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 before1*[a Labour Court, Tribunal or National Tribunal] and two months, after the conclusion of such proceedings;2[* * *]

3*[(bb) During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or]

(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.

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1. Substituted by Act 36 of 1956, Section 17, for "a Tribunal" (w.e.f. 10-3-1957).

2. The word "or" omitted by Act 36 of 1964, Section 11 (w.e.f. 19-12-1964).

3. Inserted by Act 36 of 1964, Section 11 (w.e.f. 19-12-1964).

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(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 101[or sub-section (4A) of section 10A].

(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 1*[an arbitrator, a] 2*[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 101[or sub-section (4A) of section 10A]

(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.

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1. Inserted by Act 36 of 1964, Section 12 (w.e.f. 19-12-1964).

2. Substituted by Act 36 of 1956, Section 18, for "or Tribunal" (w.e.f. 10-3-1957).

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No person shall knowingly expend or apply any money in direct furtherance or support of any illegal strike or lock-out.

25A - Application of sections 25C to 25E

(1) 1*[Sections 25C to 25E inclusive 2*[shall not apply to Industrial Establishments to which Chapter VB applies, or]-

(a) To industrial establishments in which less than fifty workmen on an average per working day have been employed in the proceeding calendar month; or

(b) To industrial establishments which are of a seasonal character or in which work is performed only intermittently.

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.

3*[Explanation-In this section and in sections 25C, 25D and 25E, "industrial establishment" means-

(i) A factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); or

(ii) A mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952); or

(iii) A plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951)]

25B - 4*Definition of continuous service

For the purposes of this Chapter,-

(1) A workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or as strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman;

(2) Where a workman is not in continuous service within the meaning of clause (I) for a period of one year or six months, he shall be deemed to be in continuous service under an employer--

(a) For a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-

(i) One hundred and ninety days in the case of a workman employed below ground in a mine; and

(ii) Two hundred and forty days, in any other case;

(b) For a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-

(i) Ninety-five days, in the case of workman employed below ground in a mine; and

(ii) One hundred and twenty days, in any other case.

Explanation.-For the purposes of clause (2), the number of days on which a workman has actually worked under an employer shall include the days on which-

(i) He has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Act or under any other law applicable to the industrial establishment;

(ii) He has been on leave with full wages, earned in the previous years;

(iii) He has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and

(iv) In the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.]

25C - 5* Right of workmen laid-off for compensation

Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent, of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off:

Provided that if during any period of twelve months, a workman is so laid-off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the workman and the employer:

Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25F at any time after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to the workman for having been laid-off during the preceding twelve months may be set off against the compensation payable for retrenchment.

Explanation.-"Badli workman" means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such for the purposes of this section, if he has completed one year of continuous service in the establishment.]

STATE AMENDMENTS

6* Maharashtra

In section 25C,-

(a) After the words "had he not been so laid off", insert the following proviso, namely:-

"Provided that, where the lay off is on account of discontinuance or reduction of the supply of power to the industrial establishment for contravention of any provisions of the Bombay Electricity (Special Powers) Act, 1946, or of any orders of directions issued there under, the compensation payable to the workman shall be equal to hundred per cent. of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid off."

(b) In the existing first proviso, for the words "provided that",substitute the words "provided further that";

(c) In the existing second proviso, for the words "provided further that" substitute the words "provided also that".

7* West Bengal

In section 25C, the second proviso shall be omitted.

25D - Duty of an employer to maintain muster rolls of workmen

 
Notwithstanding that workmen in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of this Chapter a muster roll, and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours.

Section 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 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.

STATE AMENDMENT

8*[West Bengal.-

In section 25E, after clause (ii), insert the following proviso, namely:-

"Provided that where lay-off extends beyond seven days at a stretch the workman may be required to present himself only once in a week;]

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1. Inserted by Act 43 of 1953, section 3 (w.e.f. 24.10.1953).

2. Substituted by Act 32 of 1976, section 2 for "shall not apply--"(w.e.f. 5.3.1976).

3. Substituted by Act 48 of 1954, section 2 for the former Explanation (w.e.f. 1.4.1954).

4. Substituted by Act 36 of 1964, section 13, for section 25B (w.e.f. 19-12-1964).

5. Substituted by Act 35 of 1965, section 5, for the section 25C(w.e.f. 1-12-1965).

6. Vide Maharashtra Act 22 of 1981, section 3 (w.e.f. 1-7-1981).

7. Vide West Bengal Act 57 of 1980.

8. Vide West Bengal Act 57 of 1980.

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Last updated on May, 2016

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