INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957

Sun Feb 27 2022 | Labor Law | Comments (0)

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Year : 1957

[Act No. 14 of 1947]

In exercise of the powers conferred by section 38 of the Industrial Disputes Act, 1947(14 of 1947), the Central Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section, namely:-

Section -1 Title and application

(1) These rules may be called the Industrial Disputes (Central) Rules, 1957.

(2) They extend to Union Territories in relation to all industrial disputes and to the States in relation only to an industrial dispute concerning-

(a) Any industry carried on by or under the authority of the Central Government or by a railway company; or

(b) A banking or an insurance company, a mine, an oilfield, or a major port; or

(c)  Any such controlled industry as maybe specified under section2 (a)(i) of the Act by the Central Government.

1[***]

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1. Proviso omitted by G.S.R. 795, dated 5th June, 1972.

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Section -2  Interpretation

In these rules, unless there is anything repugnant in the subject or context-

(a) Act means the Industrial Disputes Act, 1947 (14 of 1947)

(b) Chairman means the Chairman of a Board or court or, if the court consists of one person only, such person;

(c) Committee means a Works Committee constituted under sub- section (1) of section 3 of the Act;

(d) Form means a form in the Schedule to these rules;

(e) Section means a section of the Act;

(f) In relation to an industrial dispute in a Union Territory, for which the appropriate government is the Central Government , reference to the Central Government or the Government of India shall be construed as a reference to the Administrator of the territory, and reference to the Chief Labour Commissioner (Central), Regional Labour Commissioner (Central) and the 1*[Assistant Labour Commissioner (Central)] shall be construed as reference to the appropriate authority, appointed in that behalf by the Administrator of the territory;

(g)2* with reference to clause (g) of section 2, it is hereby prescribed that-

(i) In relation to an industry, not being an industry referred to in sub-clause (ii), carried on by or under the authority of a department of the Central or a State Government, the officer-in-charge of the industrial establishment shall be the $employer$ in respect of that establishment; and

(ii) In relation to an industry concerning railways , carried on by or under the authority of a department of the Central Government,-

(a) In the case of establishments of a Zonal Railway, the General Manager of that Railway shall be the $employer in respect of regular railway servants other than casual labour;

(b) In the case of an establishment independent of a Zonal Railway, the officer-in-charge of the establishment shall be the employer in respect of regular railway servants other than casual labour; and

(c) The District Officer-in-charge or the Divisional Personnel Officer or the Personnel Officer shall be the employer in respect of casual labour employed on a Zonal Railway or any other railway establishment independent of a Zonal Railway.

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1 Subs. by G.S.R. 1182, dated 19th October, 1959.

2 Subs. by G.S.R. 1182, dated 19th October, 1959.

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