Industrial Disputes Act,

1947
CHAPTER - I
PRELIMINARY
1. Shrt title, e!tent and c""ence"ent
(1) This Act may be called the Industrial Disputes Act, 1!"#
($) It e%tends t& the 'h&le &( India#
()) It shall c&me int& (&rce &n the (irst day &( April, 1!"#
#. De$initins
(a) Appr&priate *&+ernment
(b) A'ard
(c) ,&ard
(d) Empl&yer
(e) Industry
(() Industrial dispute
(-) Public utility ser+ice
(h) .tri/e0
A cessati&n &( '&r/ by a b&dy &( pers&ns empl&yed in any
industry actin- in c&mbinati&n, &r a c&ncerted re(usal, &r a
re(usal under a c&mm&n understandin-, &( any number &(
pers&ns 'h& are &r ha+e been s& empl&yed t& c&ntinue t&
'&r/ &r t& accept empl&yment#
(I) 1a-es0
A remunerati&n capable &( bein- e%pressed in terms &(
m&ney, 'hich '&uld, i( the terms &( empl&yment, e%pressed
&r implied, 'ere (ul(illed, be payable t& a '&r/man in respect
&( his empl&yment &( '&r/ d&ne in such empl&yment
(2) 1&r/man 0
Any pers&n (includin- an apprentice) empl&yed in any
industry t& d& any manual, uns/illed, s/illed, technical,
&perati&nal, clerical &r super+is&ry '&r/ (&r hire &r re'ard,
'hether the terms &( empl&yment be e%press &r implied, and
(&r the purp&ses &( any pr&ceedin- under this Act in relati&n t&
an industrial dispute, includes any such pers&n 'h& has been
dismissed, dischar-ed &r retrenched in c&nnecti&n 'ith,
(/) Cl&sure0
The permanent cl&sin- d&'n &( a place &( empl&yment &r
part there&(#
(l) 3ay-&((0
The (ailure, re(usal &r inability &( an empl&yer &n acc&unt &(
sh&rta-e &( c&al, p&'er &r ra' materials &r the accumulati&n
&( st&c/s &r the brea/d&'n &( machinery &r natural calamity
&r (&r any &ther c&nnected reas&n t& -i+e empl&yment t& a
'&r/man 'h&se name is b&rne &n the muster r&lls &( his
industrial establishment and 'h& has n&t been retrenched#
(m) 3&c/-&ut0
The cl&sin- &( a place &( empl&yment, &r the suspensi&n &(
'&r/, &r the re(usal by an empl&yer t& c&ntinue t& empl&y any
number &( pers&ns empl&yed by him#
(n) Retrenchment0
The terminati&n by the empl&yer &( the ser+ice &( a '&r/man (&r
any reas&n 'hats&e+er, &ther'ise than as a punishment
in(licted by 'ay &( disciplinary acti&n but d&es n&t include-
(a) 4&luntary retirement &( the '&r/man5 &r
(b)Retirement &( the '&r/man &n reachin- the a-e &(
.uperannuati&n#
CHAPTER II
A%&'(RI&IES %NDER &'IS A)&
*. +r,s )""ittee -

The appr&priate -&+ernment is emp&'ered t& ma/e -eneral

&r special &rder re6uirin- the empl&yer t& c&nstitute a 1&r/s
C&mmittee in any industrial establishment in which one
hundred or more workmen are employed &r ha+e been
empl&yed &n any day in the precedin- t'el+e m&nths#

Constitution0

A '&r/s c&mmittee is t& c&nsist &( representatives of

employers and workmen en-a-ed in the establishment, s&
h&'e+er, that the number of workers representatives is
not less than that of employers representatives# This
means that the number &( '&r/ers7 representati+es can
e%ceed the number &( empl&yers7 representati+es# The
representati+es &( the '&r/men are t& be ch&sen (r&m
am&n-st the '&r/men en-a-ed in the establishment in
c&nsultati&n 'ith their re-istered trade uni&n, i( any#

Functions0

A 1&r/s c&mmittee is re6uired t& promote measures for

securing and preserving amity and good relations
between the employers and workmen and, in &rder t&
achie+e the end, t& c&mment up&n matters &( their c&mm&n
interest &r c&ncern and Endea+&ur t& c&mp&se any material
di((erence &( &pini&n in respect &( such matters#
4. )nciliatin $$icers
(1) The appr&priate *&+ernment may, by n&ti(icati&n in the
8((icial *a9ette, appoint such number of persons as it
think fit, to be conciliation officers, char-ed 'ith the duty &(
mediatin- in and pr&m&tin- the settlement &( industrial
disputes#
($) A c&nciliati&n &((icer may be app&inted (&r a speci(ied area &r
(&r speci(ied industries in a speci(ied area &r (&r &ne &r m&re
speci(ied industries and either permanently &r (&r a limited
peri&d#
.. /ards $ )nciliatin
(1) The appr&priate *&+ernment may as &ccasi&n arises by
n&ti(icati&n in the 8((icial *a9ette c&nstitute a ,&ard &(
C&nciliati&n (&r pr&m&tin- the settlement &( an industrial
dispute#
($) A ,&ard shall c&nsist &( a chairman and two or four other
members, as the appr&priate *&+ernment thin/s (it#
()) The chairman shall be an independent person and the
other members shall be persons appointed in equal
numbers t& represent the parties t& the dispute and any
pers&n app&inted t& represent a party shall be app&inted &n
the rec&mmendati&n &( that party#
0. )urts $ In1uir2
(1) The appr&priate *&+ernment may as &ccasi&n arises by
n&ti(icati&n in the 8((icial *a9ette c&nstitute a C&urt &( In6uiry
for inquiring into any matter appearing to be connected
with or relevant to an industrial dispute#
($) A C&urt may c&nsist &( &ne independent pers&n &r &( such
number &( independent pers&ns as the appr&priate
*&+ernment may thin/ (it and where a Court consists of
two or more members, one of them shall be app&inted as
the chairman#
()) A C&urt &( In6uiry may (uncti&n n&t 'ithstandin- the absence
&( the chairman &r any &( its members &r any +acancy in its
number but 'here the appr&priate -&+ernment ma/es a
n&ti(icati&n t& the c&urt that the ser+ices &( the chairman has
ceased t& be a+ailable, the c&urt is n&t t& act until a ne'
chairman is app&inted#
7. La3ur )urts
(1) The appr&priate *&+ernment may, by n&ti(icati&n in the
8((icial *a9ette, constitute one or more Labour
Courts (&r the ad2udicati&n &( industrial disputes relatin-
t& any matter specified in the Second Schedule and
(&r per(&rmin- such &ther (uncti&ns as may be assi-ned
under this Act#
($) A 3ab&ur C&urt shall consist of one person only to be
appointed by the appropriate Government#
()) person shall not be qualified for appointment as the
presiding officer of a Labour Court, unless# :
(a) He is, &r has been, a ;ud-e &( a Hi-h C&urt5 &r
(b) He has, (&r a peri&d &( n&t less than three years, been a
District 2ud-e &r an Additi&nal District ;ud-e5 &r
(c) He has held any 2udicial &((ice in India (&r n&t less than se+en
years5 &r
(d) He has been the presidin- &((icer &( a 3ab&ur C&urt
c&nstituted under any pr&+incial Act &r .tate Act (&r n&t less
than (i+e years#
7A. Industrial &ri3unals
(1) The appr&priate *&+ernment may, by n&ti(icati&n in the 8((icial
*a9ette, constitute one or more !ndustrial "ribunals (&r the
ad2udicati&n &( industrial disputes relatin- t& any matter, 'hether
specified in the Second Schedule or the "hird Schedule and
(&r per(&rmin- such &ther (uncti&ns as may be assi-ned t& them
under this Act#
($) A Tribunal shall c&nsist &( one person only t& be app&inted by
the appr&priate *&+ernment# The appr&priate *&+ernment may,
i( it s& thin/s (it, appoint two persons as assessors t& ad+ise
the Tribunal in the pr&ceedin- be(&re it#
()) <uali(icati&ns &( presidin- &((icer are same as (&r lab&ur c&urt#
7/. Natinal &ri3unals
(1) The Central *&+ernment may, by n&ti(icati&n in the 8((icial
*a9ette, constitute one or more #ational !ndustrial
"ribunals (&r the ad2udicati&n &( industrial disputes 'hich, in
the &pini&n &( the Central *&+ernment, in+&l+e 6uesti&ns &(
nati&nal imp&rtance &r are &( such a nature that industrial
establishments situated in m&re than &ne .tate are li/ely t&
be interested in, &r a((ected by, such disputes#
($) A =ati&nal Tribunal shall consist of one person only t& be
app&inted by the Central *&+ernment#
()) A pers&n shall not be qualified for app&intment as the
presiding officer &( a =ati&nal Tribunal unless he is, or has
been, a $udge of a %igh Court#
(!) The Central *&+ernment may, i( it s& thin/s (it, appoint two
persons as assessors t& ad+ise the =ati&nal Tribunal in the
pr&ceedin- be(&re it#
7). Dis1uali$icatins $r the presidin4 $$icers
$ La3ur )urts, &ri3unals 5
Natinal &ri3unals

=& pers&n shall be app&inted t&, &r c&ntinue in, the &((ice
&( the presidin- &((icer &( a 3ab&ur C&urt, Tribunal &r
=ati&nal Tribunal, i(-
(a) He is n&t an independent pers&n5 &r
(b) He has attained the a-e &( si%ty-(i+e years#
6. 7illin4 $ 8acancies
>
I(, (&r any reason a vacancy &other than a temporary
absence' occurs in the &((ice of the presiding officer of a
Labour Court, "ribunal or #ational "ribunal or in the office
of the Chairman &r any &ther member &( a ,&ard &r C&urt, then,
in the case &( a =ati&nal Tribunal, the Central *&+ernment and in
any &ther case, the appropriate Government, shall appoint
another person in acc&rdance 'ith the pr&+isi&ns &( this Act t&
(ill the +acancy, and the proceeding may be continued be(&re
the 3ab&ur C&urt, Tribunal, =ati&nal Tribunal, ,&ard &r C&urt, as
the case may be, from the stage at which the vacancy is
filled#
9. 7inalit2 $ rders cnstitutin4 /ards,
etc..
(1) #o order of the appropriate Government or of the Central
Government appointing any person as the Chairman &r any
&ther member &( a ,&ard &r C&urt &r as the presidin- &((icer
&( a 3ab&ur C&urt, Tribunal &r =ati&nal Tribunal shall be
called in question in any manner5 and n& act &r pr&ceedin-
be(&re any ,&ard &r C&urt shall be called in 6uesti&n in any
manner on the ground merely of the e(istence of any
vacancy in, or defect in the constitution of, such )oard or
Court#
($) #o settlement arrived at in the course of a conciliation
proceeding shall be invalid by reason only of the fact that
such settlement was arrived at after the e(piry of the
period re(erred t& in sub-secti&n (?) &( secti&n 1$ &r
subsecti&n (@) &( secti&n 1), as the case may be#
()) 1here the rep&rt &( any settlement arri+ed at in the c&urse &(
c&nciliati&n pr&ceedin- be(&re a ,&ard is si-ned by the
chairman and all the &ther members &( the ,&ard, n& such
settlement shall be in+alid by reas&n &nly &( the casual &r
un(&reseen absence &( any &( the members (includin- the
Chairman) &( the ,&ard durin- any sta-e &( the pr&ceedin-#
CHAPTER IIA
N(&I)E (7 )'AN9E
9A. Ntice $ chan4e
>
#o, employer, who proposes to effect any change in the
conditions of service applicable to any workman in
respect &( any matter speci(ied in the A&urth .chedule, shall
effect such change, -
(a) 1ith&ut -i+in- t& the '&r/men li/ely t& be a((ected by such
chan-e a n&tice in the prescribed manner &( the nature &( the
chan-e pr&p&sed t& be e((ected5 &r
(b) 1ithin t'enty-&ne days &( -i+in- such n&tice
9/. P:er $ 98ern"ent t e!e"pt
> 1here the appr&priate *&+ernment is &( &pini&n that the applicati&n
&( the pr&+isi&ns &( secti&n #A t& any class &( industrial
establishments &r t& any class &( '&r/men empl&yed in any
industrial establishment a((ect the empl&yers in relati&n theret& s&
pre2udicially that such applicati&n may cause seri&us repercussi&n
&n the industry c&ncerned and that public interest s& re6uires, the
appr&priate *&+ernment may, by n&ti(icati&n in the 8((icial *a9ette,
direct that the pr&+isi&ns &( the said secti&n shall n&t apply &r shall
apply, sub2ect t& such c&nditi&ns as may be speci(ied in the
n&ti(icati&n, t& that class &( industrial establishments &r t& that class
&( '&r/men empl&yed in any industrial establishment#
CHAPTER III
RE7EREN)E (7 DISP%&ES &( /(ARDS,
)(%R&S (R &RI/%NALS
1;. Re$erence $ dispute t /ards, )urts
r &ri3unals.
(1) 1here the appr&priate *&+ernment is &( &pini&n that any
industrial dispute e%ists &r is apprehended, it may at any
timeB, by &rder in 'ritin--
(a) Re(er the dispute t& a )oard (&r pr&m&tin- a settlement
there&(5 &r
(b) Re(er any matter appearin- t& be c&nnected 'ith &r rele+ant
t& the dispute t& a Court for inquiry5 &r
(c) Re(er the dispute &r any matter appearin- t& be c&nnected
'ith, &r rele+ant t&, the dispute, i( it relates to any matter
specified in the Second Schedule, t& a Labour Court (&r
ad2udicati&n5 &r
(d) Re(er the dispute &r any matter appearin- t& be c&nnected
'ith, &r rele+ant t&, the dispute, 'hether it relates to any
matter specified in the Second Schedule or the "hird
Schedule, t& a "ribunal (&r ad2udicati&n#
($) 1here the parties t& an industrial dispute apply in the
prescribed manner, 'hether 2&intly &r separately, (&r a
re(erence &( the dispute t& a ,&ard, C&urt, 3ab&ur C&urt,
Tribunal &r =ati&nal Tribunal, the appropriate Government,
if satisfied that the persons applying represent the
ma*ority of each party, shall make the reference
accordingly#
()) 1here an industrial dispute has been re(erred t& a ,&ard,
3ab&ur C&urt, Tribunal &r =ati&nal Tribunal under this secti&n,
the appropriate Government may by order prohibit the
continuance of any strike or lock+out in c&nnecti&n 'ith
such dispute 'hich may be in e%istence &n the date &( the
re(erence#
(!) ,here any reference has been made under sub-secti&n
(1A) to a #ational "ribunal then n&t'ithstandin- anythin-
c&ntained in this Act, no Labour Court or "ribunal shall
have *urisdiction to ad*udicate upon any matter 'hich is
under ad2udicati&n be(&re the =ati&nal Tribunal
(@) #o proceedings pending before a Labour Court, "ribunal
or #ational "ribunal in relati&n t& an industrial dispute shall
lapse merely by reason of the death of any of the parties
t& the dispute bein- a '&r/man, and such Labour Court,
"ribunal or #ational "ribunal shall complete such
proceedings and submit its a'ard t& the appr&priate
*&+ernment#
1;A. <luntar2 re$erence $ disputes t
ar3itratin
(1) 1here any industrial dispute e%ists &r is apprehended and
the employer and the workmen agree to refer the dispute
to arbitration, they may, at any time be(&re the dispute has
been re(erred under secti&n 1C t& a 3ab&ur C&urt &r Tribunal
&r =ati&nal Tribunal, by a written agreement, refer the
dispute to arbitration and the re(erence shall be t& such
pers&n &r pers&ns (includin- the presidin- &((icer &( a 3ab&ur
C&urt &r Tribunal &r =ati&nal Tribunal) as an arbitrat&r &r
arbitrat&rs as may be speci(ied in the arbitrati&n a-reement#
($) n arbitration agreement re(erred t& in sub-secti&n (1) shall
be in such form and shall be signed by the parties theret&
in such manner as may be prescribed#
()) copy of the arbitration agreement shall be forwarded to
the appropriate Government and the conciliation officer
and the appr&priate *&+ernment shall, 'ithin &ne m&nth (r&m
the date &( the receipt &( such c&py, publish the same in the
8((icial *a9ette#
(!) "he arbitrator or arbitrators shall in+esti-ate the dispute
and submit to the appropriate Government the arbitration
award signed by the arbitrator or all the arbitrators, as the
case may be#
CHAPTER I4
PR()ED%RE, P(+ERS AND D%&IES (7
A%&'(RI&IES
11. Prcedure and p:er $ cnciliatin
$$icers, /ards, )urts and &ri3unals
(1) .ub2ect t& any rules that may be made in this behal(, an
arbitrator, a )oard, Court, Labour Court, "ribunal or
#ational "ribunal shall follow such procedure as the
arbitrat&r &r &ther auth&rity c&ncerned may thin/ (it#
&-' conciliation officer &r a member &( a ,&ard, &r C&urt &r
the presiding officer &( a 3ab&ur C&urt, Tribunal &r =ati&nal
Tribunal may for the purpose of inquiry int& any e%istin- &r
apprehended industrial dispute, after giving reasonable
notice, enter the premises occupied by any
establishment to which the dispute relates.
()) /very )oard, Court, Labour Court, "ribunal and #ational
"ribunal 0 conciliation officer shall have the powers in
respect &( the (&ll&'in- matters, namely0 -
(a) En(&rcin- the attendance &( any pers&n and e%aminin- him &n
&ath5
(b) C&mpellin- the pr&ducti&n &( d&cuments and material &b2ect5
(c) Issuin- c&mmissi&ns (&r the e%aminati&n &( 'itnesses5
(d) In respect &( such &ther matters as may be prescribed,
(!) Court, Labour Court, "ribunal or #ational "ribunal may, i(
it s& thin/s (it, appoint one or more persons having special
knowledge &( the matter under c&nsiderati&n as an assessor
or assessors t& ad+ise it in the pr&ceedin- be(&re it#
(@) .ub2ect t& any rules made under this Act, the costs of, and
incidental t&, any pr&ceedin- be(&re a 3ab&ur C&urt, Tribunal &r
=ati&nal Tribunal, as the case may be, shall ha+e (ull p&'er t&
determine by and to whom and to what e(tent and sub*ect to
what conditions, i( any, such costs are to be paid, and t& -i+e
all necessary directi&ns (&r the purp&ses a(&resaid and such
c&sts may, &n applicati&n made t& the appr&priate *&+ernment
by the pers&n entitled, be rec&+ered by that *&+ernment#
11A. P:ers $ La3ur )urt, &ri3unals 5
Natinal &ri3unals t 4i8e apprpriate relie$
in case $ dischar4e r dis"issal $
:r,"en
> 1here an industrial dispute relating to the discharge or
dismissal of a workman has been referred to a Labour Court,
"ribunal or #ational "ribunal (&r ad2udicati&n and, in the c&urse &(
the ad2udicati&n pr&ceedin-s, the 3ab&ur C&urt, Tribunal &r =ati&nal
Tribunal, as the case may be, is satisfied that the order of
discharge or dismissal was not *ustified, it may, by its award,
set aside the order of discharge or dismissal and direct re+
instatement &( the '&r/man &n such terms and c&nditi&ns, i( any,
as it thin/s (it, &r -i+e such other relief to the workman including
the award of any lesser punishment#
1#. Duties $ cnciliatin $$icers
(1) 1here any industrial dispute e%ists &r is apprehended, the
conciliation officer may, &r where the dispute relates to a
public utility service and a n&tice under secti&n $$ has been
-i+en, shall, hold conciliation proceedings in the
prescribed manner#
($) "he conciliation officer shall, for the purpose of bringing
about a settlement of the dispute without delay investigate
the dispute and all matters a((ectin- the merits and ri-ht
settlement there&( and may d& all such thin-s as he thin/s (it
(&r the purp&se &( inducin- the parties t& c&me t& a (air and
amicable settlement &( the dispute#
()' !f a settlement of the dispute &r &( any &( the matters in dispute is
arrived at in the c&urse &( the c&nciliati&n pr&ceedin-s the
conciliation officer shall send a report there&( t& the appr&priate
*&+ernment together with a memorandum of the settlement
signed by the parties t& the dispute#
(!) !f no such settlement is arrived at, the conciliation officer shall,
as s&&n as practicable after the close of the investigation, send
to the appropriate Government a full report settin- (&rth the steps
ta/en by him for bringing about a settlement there&(, together
with a full statement of such facts and circumstances, and the
reasons on account of which, in his &pini&n, a settlement could
not be arrived at#
(@) I(, on a consideration of the report re(erred t& in sub-
secti&n (!), the appropriate Government is satisfied that
there is a case for reference to a )oard, it may make such
reference# 1here the appropriate Government does not
make such a reference it shall record and communicate
to the parties concerned its reasons there(&re#
(?) report under this secti&n shall be submitted within
fourteen days of the commencement of the conciliation
proceedings &r 'ithin such sh&rter peri&d as may be (i%ed by
the appr&priate *&+ernment#
1*. Duties $ /ard
(1) 1here a dispute has been referred to a )oard under this
Act, it shall be the duty of the )oard to endea+&r t& bring
about a settlement &( the same and (&r this purp&se the
)oard shall, in such manner as it thin/s (it and without delay,
investigate the dispute and all matters a((ectin- the merit
and the right settlement there&( and may d& all such thin-s
as it thin/s (it (&r the purp&se &( inducin- the parties t& c&me
t& a (air and amicable settlement &( the dispute#
($) I( a settlement of the dispute &r &( any &( the matters in
dispute is arrived at in the course of the conciliation
proceedings, the )oard shall send a report there&( to the
appropriate Government together with a memorandum of
the settlement signed by the parties to the dispute#
()) "he )oard shall submit its report under this secti&n
within two months of the date &n 'hich the dispute
was referred t& it#
(!) !f no such settlement is arrived at, the )oard shall, as
s&&n as practicable a(ter the cl&se &( the in+esti-ati&n, send
to the appropriate Government a full report settin- (&r the
pr&ceedin-s and steps ta/en by the ,&ard (&r ascertainin- the
(acts and circumstances relatin- t& the dispute and (&r
brin-in- ab&ut a settlement there&(, t&-ether with a full
statement of such facts and circumstances, its findings
there&n, the reasons &n acc&unt &( 'hich, in its &pini&n, a
settlement could not be arrived at and its rec&mmendati&ns
(&r the determinati&n &( the dispute#
14. Duties $ )urts
>
Court shall in6uire int& the matters re(erred t&
it and report there&n to the appropriate
Government &rdinarily within a period of si(
months from the commencement of its
inquiry#
10. 7r" $ reprt r a:ard
(l) "he report of a )oard &r C&urt shall be in writing and
shall be signed by all the members &( the ,&ard &r
C&urt, as the case may be
($) "he award &( a 3ab&ur C&urt &r Tribunal &r =ati&nal
Tribunal shall be in writing and shall be signed by its
presiding officer#
17. Pu3licatin $ reprts and a:ards
(1) /very report &( a ,&ard &r C&urt together with any
minute of dissent rec&rded there'ith, every arbitration
award and every award &( a 3ab&ur C&urt, Tribunal &r
=ati&nal Tribunal shall, within a period of thirty days
(r&m the date &( its receipt by the appr&priate
*&+ernment, be published in such manner as the
appropriate Government thinks fit#
17A. )""ence"ent $ the a:ard
&1' n award (includin- an arbitrati&n a'ard) shall become
enforceable on the e(piry of thirty days from the date of
its publication under secti&n 1"#
($) 1here any declaration has been made in relati&n t& an
a'ard under the pr&+is& t& sub-secti&n (1), the appropriate
Government &r the Central *&+ernment may, within ninety
days (r&m the date &( publicati&n &( the a'ard under secti&n
1", make an order re*ecting or modifying the award.
()) 1here any award as re*ected or modified by an &rder made
under subsecti&n ($) is laid before the 3e-islature &( a State
or before 2arliament, such award shall become
enforceable on the e(piry of fifteen days from the date &n
'hich it is so laid5 and 'here no order under subsecti&n ($)
is made in pursuance &( a declarati&n under the pr&+is& t&
subsecti&n (1), the award shall bec&me enforceable on the
e(piry of the period of ninety days re(erred t& in subsecti&n
($)#
16. Persns n :h" settle"ents and
a:ards are 3indin4
(1) settlement arri+ed at by a-reement bet'een the empl&yer
and '&r/man &ther'ise than in the c&urse &( c&nciliati&n
pr&ceedin- shall be binding on the parties to the
agreement#
19. Perid $ peratin $ settle"ents and
a:ards
&1' settlement shall come into operation on such date as is
agreed upon by the parties t& the dispute, and i( n& date is a-reed
up&n, &n the date &n 'hich the mem&randum &( the settlement is
si-ned by the parties t& the dispute#
(!) 1here the appr&priate *&+ernment, 'hether &( its &'n m&ti&n &r &n
the applicati&n &( any party b&und by the a'ard, c&nsiders that since
the a'ard 'as made, there has been a material chan-e in the
circumstances &n 'hich it 'as based, the appr&priate *&+ernment
may re(er the a'ard &r a part &( it (&r decisi&n, 'hether the peri&d &(
&perati&n sh&uld n&t, by reas&n &( such chan-e, be sh&rtened and
the decisi&n &n such re(erence shall be (inal#
#;. )""ence"ent and cnclusin $
prceedin4s
(1) A conciliation proceeding shall be deemed t& ha+e
commenced &n the date on which a notice of strike
or lock+out under secti&n $$ is received by the
c&nciliati&n &((icer &r &n the date &( the &rder re(errin-
the dispute t& a ,&ard, as the case may be#
($) A conciliation proceeding shall be deemed t& ha+e
concluded# -
(a) 1here a settlement is arrived at, 'hen a mem&randum &(
the settlement is si-ned by the parties t& the dispute5
(b) 1here no settlement is arrived at, 'hen the report of the
conciliation officer is received by the appropriate
Government &r 'hen the rep&rt &( the ,&ard is published
under secti&n 1", as the case may be5 &r
(c) 1hen a reference is made to a Court, under secti&n 1C
durin- the pendency &( c&nciliati&n pr&ceedin-s#
#1. )ertain "atters t 3e ,ept cn$idential
)'AP&ER <
S&RI=ES AND L()=>(%&S
##. Prhi3itin $ stri,es and lc,>uts
(1) =& pers&n empl&yed in a public utility ser+ice shall -& &n
stri/e, in breach &( c&ntract-
(a) ,ithout giving t& the empl&yer notice of strike, as
hereina(ter pr&+ided, within si( weeks before striking5 &r
(b) ,ithin fourteen days of giving such notice5 &r
(c) )efore the e(piry of the date of strike specified in any such
n&tice as a(&resaid5 &r
(d) 3uring the pendency of any conciliation proceedings
be(&re a c&nciliati&n &((icer and seven days after the
conclusion of such proceedings#
($) =& empl&yer carryin- &n any public utility ser+ice shall
l&c/-&ut any &( his '&r/man-
(a) 1ith&ut -i+in- them n&tice &( l&c/-&ut as hereina(ter
pr&+ided, 'ithin si% 'ee/s be(&re l&c/in--&ut 5 &r
(b) 1ithin (&urteen days &( -i+in- such n&tice5 &r
(c) ,e(&re the e%piry &( the date &( l&c/-&ut speci(ied in any
such n&tice as a(&resaid 5 &r
(d) Durin- the pendency &( any c&nciliati&n pr&ceedin-s
be(&re a c&nciliati&n &((icer and se+en days a(ter the
c&nclusi&n &( such pr&ceedin-s#
()) The notice of lock+out or strike under this secti&n
shall not be necessary where there is already in
e(istence a strike or, as the case may be, lock+out in
the public utility service, but the employer shall send
intimation &( such l&c/&ut &r stri/e &n the day &n 'hich
it is declared, t& such auth&rity as may be speci(ied by
the appr&priate *&+ernment either -enerally &r (&r a
particular area &r (&r a particular class &( public utility
ser+ices#
#*. 9eneral prhi3itin $ stri,es and lc,>uts
>
#o workman 'h& is empl&yed in any industrial
establishment shall go on strike in breach &( c&ntract and
no employer &( any such '&r/man shall declare a lock+out-
(a) 3uring the pendency of conciliation proceedings be(&re
a ,&ard and seven days after the c&nclusi&n &( such
pr&ceedin-s5
(b) 3uring the pendency of proceedings be(&re a Labour
Court, "ribunal or #ational "ribunal and two months,
after the c&nclusi&n &( such pr&ceedin-s5
(c) 3uring any period in 'hich a settlement or
award is in operation, in respect &( any &( the
matters c&+ered by the settlement &r a'ard#
#4. Ille4al stri,es and lc,>uts
(1) strike or a lock+out shall be illegal i(-
(i) It is c&mmenced &r declared in contravention of
section -- or section -45 &r
(ii) It is c&ntinued in contravention of an order made
under subsecti&n()) &( secti&n 1C#
($) 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#
()) ,here a strike or lock+out in pursuance &( an
industrial dispute has already commenced and is
in e(istence at the time of the reference of the
dispute t& a ,&ard, an arbitrat&r, a 3ab&ur C&urt,
Tribunal &r nati&nal 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 ct.
#.. Prhi3itin $ $inancial aid t ille4al
stri,es and lc,>uts
>
=& pers&n shall /n&'in-ly e%pend &r apply any
m&ney in direct (urtherance &r supp&rt &( any ille-al
stri/e &r l&c/-&ut#
)'AP&ER <A
LAY>(77 AND RE&REN)'MEN&
#.A. Applicatin $ sectins #.) t #.E
(1) Sections -5C to -5/ inclusive shall not apply t&
Industrial Establishments t& 'hich Chapter 4, applies, &r-
(a) T& industrial establishments in which less than fifty
workmen &n an a+era-e per '&r/in- day ha+e been
employed in the precedin- calendar m&nth5 &r
(b) "o industrial establishments which are of a seasonal
character or in which work is performed only
intermittently#
($) I( a 6uesti&n arises 'hether an industrial
establishment is &( a seas&nal character &r
'hether '&r/ is per(&rmed therein &nly
intermittently, the decisi&n &( the appr&priate
*&+ernment there&n shall be (inal#
#.). Ri4ht $ :r,"en laid>$$ $r
c"pensatin
>
1hene+er a workman (&ther than a badli '&r/man &r a
casual '&r/man) 'h&se name is b&rne &n the muster r&lls &(
an industrial establishment and 'h& has completed not less
than one year of continuous service under an empl&yer is
laid off, 'hether c&ntinu&usly &r intermittently, he shall be
paid by the employer for all days durin- 'hich he is so
laid+off, e(cept for such weekly holidays as may
intervene, compensation 'hich shall be equal to fifty per
cent, of the total of the basic wages and dearness
allowance that '&uld ha+e been payable t& him#
#.D. Dut2 $ an e"pl2er t "aintain "usters
rlls $ :r,"en
>
=&t'ithstandin- that '&r/men in any industrial
establishment ha+e been laid-&((, it shall be the duty of
every employer to maintain (&r the purp&ses &( this
Chapter a muster roll, and to provide for the making
of entries therein by workmen 'h& may present
themsel+es (&r '&r/ at the establishment at the
app&inted time durin- n&rmal '&r/in- h&urs#
#.E. +r,"en nt entitled t c"pensatin
in certain cases
(i) I( he refuses to accept any alternative employment in
the same establishment (r&m 'hich he has been laid-
&((, &r 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 t& 'hich he bel&n-s, i(, in the &pini&n &(
the empl&yer, such alternati+e empl&yment d&es n&t call
(&r any special s/ill &r pre+i&us e%perience and can be
d&ne by the '&r/man,
(ii) !f he does not present himself for work at the
establishment at the app&inted time during normal
working hours at least once a day5
(iii) !f such laying+off is due to a strike or slowing+down
of production on the part of workmen in an&ther part
&( the establishment#
#.7. )nditins precedent t retrench"ent
$ :r,"en
>
#o workman empl&yed in any industry 'h& has been in
continuous service for not less than one year under
an empl&yer shall be retrenched by that empl&yer
until-
(a) "he workman has been given one months notice in
writing indicating the reasons for retrenchment and
the period of notice has e(pired, &r the '&r/man has
been paid in lieu &( such n&tice, 'a-es (&r the peri&d &(
the n&tice5
(b) "he workman has been paid, at the time of
retrenchment, compensation which shall be
equivalent to fifteen days average pay for every
completed year of continuous service &r any part
there&( in e%cess &( si% m&nths5 and
(c) =&tice in the prescribed manner is ser+ed &n the
appr&priate *&+ernment#
#.77. )"pensatin t :r,"en in case $
trans$er $ underta,in4s
>
1here the ownership of management &( an underta/in-
is transferred, 'hether by a-reement &r by &perati&n &(
la', (r&m the empl&yer in relati&n t& &r that underta/in- t&
a ne' empl&yer, every workman who has been in
continuous service for not less than one year in that
underta/in- immediately before such transfer shall be
entitled to notice and compensation in acc&rdance 'ith
the pr&+isi&ns &( secti&n $@A, as i( the '&r/man had been
retrenched#
>
Pr&+ided that nothing in this secti&n shall apply to a
workman in any case 'here there has been a chan-e &(
empl&yers by reas&n &( the trans(er, if-
(a) The ser+ice &( the '&r/man has n&t been interrupted by
such trans(er5
(b) The terms and c&nditi&ns &( ser+ice applicable t& the
'&r/man a(ter such trans(er are n&t in any 'ay less
(a+&rable t& the '&r/man than th&se applicable t& him
immediately be(&re the trans(er5 and
(c) The ne' empl&yer is, under the terms &( such
trans(er &r &ther'ise, le-ally liable t& pay t& the
'&r/man, in the e+ent &( his retrenchment,
c&mpensati&n &n the basis that his ser+ice has
been c&ntinu&us and has n&t been interrupted
by the trans(er#
#.77A. Si!t2 da2s? ntice t 3e 4i8en $ intentin
t clse d:n an2 underta,in4
(1) n employer who intends to close down an
underta/in- shall serve, at least si(ty days
before the date on which the intended
closure is to become effective, a notice, in
the prescribed manner, &n the appr&priate
*&+ernment stating clearly the reasons for
the intended closure &( the underta/in-#
>
Pr&+ided that nothing in this secti&n shall apply t&-
(a) n undertaking in which-
(i) 3ess than (i(ty '&r/men are empl&yed, &r
(ii) 3ess than (i(ty '&r/men 'ere empl&yed &n an a+era-e
per '&r/in- day in the precedin- t'el+e m&nths,
(b) n undertaking set up for the construction of
buildings, bridges, roads, canals, and dams or for
other construction work or pro*ect#
($) =&t'ithstandin- anythin- c&ntained in sub-secti&n (1),
the appr&priate *&+ernment, may, i( it is satis(ied that
&'in- t& such e%cepti&nal circumstances as accident in
the underta/in- &r death &( the empl&yer &r the li/e it is
necessary s& t& d&, by &rder, direct that pr&+isi&ns &(
subsecti&n (1) shall n&t apply in relati&n t& such
underta/in- (&r such peri&d as may be speci(ied in the
&rder#
#.777. )"pensatin t :r,"en in case $
clsin4 d:n $ underta,in4s
(1) 1here an undertaking is closed d&'n (&r any reas&n
'hats&e+er, every workman who has been in
continuous service for not less than one year in that
underta/in- immediately before such closure shall,
sub2ect t& the pr&+isi&ns &( sub-secti&n ($), be entitled
to notice and compensation in acc&rdance 'ith the
pr&+isi&ns &( secti&n $@A, as i( the '&r/man had been
retrenched#
#.9. Prcedure $r retrench"ent
>
1here any workman in an industrial establishment, 'h&
is a citi9en &( India, is to be retrenched and he bel&n-s
t& a particular cate-&ry &( '&r/men in that
establishment, in the absence of any agreement
between the employer and the workman in this
behalf, the employer shall ordinarily retrench the
workman who was the last person to be employed in
that category, unless for reasons to be recorded the
employer retrenches any other workman.
#.'. Re>e"pl2"ent $ retrenched
:r,"en
>
1here 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 'h&
are citi9ens &( India t& &((er themsel+es (&r
reempl&yment, and such retrenched workmen who
offer themselves for reemployment shall have
preference over other persons.

)'AP&ER </
SPE)IAL PR(<ISI(NS RELA&IN9 &(
LAY>(77,
RE&REN)'MEN& AND )L(S%RE IN
)ER&AIN
ES&A/LIS'MEN&S
#.=. Applicatin $ )hapter </
(1) "he provisions &( the chapter shall apply to an
industrial establishment (n&t bein- an establishment &( a
seas&nal character &r in 'hich '&r/ is per(&rmed &nly
intermittently) in which not less than one hundred
workmen were employed &n an a+era-e per '&r/in- day
(&r the precedin- t'el+e m&nths#
($) I( a 6uesti&n arises 'hether an industrial establishment is
&( a seas&nal character &r 'hether '&r/ is per(&rmed
therein &nly intermittently, the decisi&n &( the appr&priate
*&+ernment there&n shall be (inal#
#.M. Prhi3itin $ la2>$$
(1) #o workman (&ther than a badli '&r/man &r a casual
'&r/man) 'h&se name is b&rne &n the muster r&lls &( an
industrial establishment t& 'hich this Chapter applies shall be
laid+off by his employer e(cept with the prior permission
of the appropriate Government &r such auth&rity as may be
speci(ied by that *&+ernment by n&ti(icati&n in the 8((icial
*a9ette, obtained on an application made in this behalf,
unless such lay-&(( is due t& sh&rta-e &( p&'er &r t& natural
calamity, and in the case &( a mine, such lay&(( is due als& t&
(ire, (l&&d, e%cess &( in(lammable -as &r e%pl&si&n#
($) n application for permission under sub-secti&n (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#
>
1here no application for permission is made, within
the period specified therein, &r where the permission
for any lay+off has been refused, such lay+off shall be
deemed to be illegal (r&m the date &n 'hich the
'&r/men had been laid-&(( and the workmen shall be
entitled to all the benefits under any la' (&r the time
bein- in (&rce as i( they had n&t been laid-&((#
#.N. )nditins precedent t retrench"ent
$ :r,"en
(1) #o workman employed in any industrial establishment t&
'hich this Chapter applies, who has been in continuous
service for not less than one year under an empl&yer shall
be retrenched by that empl&yer until, -
(a) "he workman has been given three months notice in
writing indicating the reasons for retrenchment and the
peri&d &( n&tice has e%pired, &r the '&r/man has been paid in
lieu &( such n&tice, 'a-es (&r the peri&d &( the n&tice5 and
(b) The pri&r permissi&n &( the appr&priate *&+ernment &r
such auth&rity as may be speci(ied by that *&+ernment by
n&ti(icati&n in the 8((icial *a9ette has been &btained &n an
applicati&n made in this behal(#
($) n application for permission under sub-secti&n (1)
shall be made by the employer in the prescribed
manner stating clearly the reasons for the intended
retrenchment and a copy of such application shall also
be served simultaneously on the workmen c&ncerned in
the prescribed manner#
#.(. Prcedure $r clsin4 d:n an
underta,in4
(1) n employer who intends to close down an underta/in- &(
an industrial establishment t& 'hich 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 t& bec&me e((ecti+e, to the
appropriate Government, stating clearly the reasons for
the intended closure &( the underta/in- and a copy of such
application shall also be served simultaneously on the
representatives of the workmen in the prescribed manner
#.P. Special pr8isin as t restartin4
underta,in4s clsed d:n 3e$re
c""ence"ent $ the Industrial Disputes
@A"end"entA Act, 1970.
>
I( the appropriate Government is of opinion in respect &(
any undertaking &r an industrial establishment, t& 'hich this
Chapter applies and which closed down before the
commencement of the !ndustrial 3isputes &mendment'
ct, 1678 -
(a) That such underta/in- 'as cl&sed d&'n &ther'ise than &n
acc&unt &( una+&idable circumstances bey&nd the c&ntr&l &(
the empl&yer5
(b) That there are p&ssibilities &( restartin- the underta/in-5
(c) That it is necessary (&r the rehabilitati&n &( the '&r/men
empl&yed in such underta/in- be(&re its cl&sure &r (&r
the maintenance &( supplies and ser+ices essential t&
the li(e &( the c&mmunity t& restart the underta/in- &r
b&th5 and
(d) That the restartin- &( the underta/in- 'ill n&t result in
hardship t& the empl&yer in relati&n t& the underta/in-,
>
It may, a(ter -i+in- an &pp&rtunity t& such empl&yer and
'&r/men, direct, by &rder published in the 8((icial
*a9ette, that the underta/in- shall be restarted 'ithin
such time (n&t bein- less than &ne m&nth (r&m the date
&( the &rder) as may be speci(ied in the &rder#
#.B. Penalt2 $r la2>$$ and retrench"ent
:ithut pre8ius per"issin
>
Any empl&yer 'h& c&ntra+enes the pr&+isi&ns &( secti&n
$@D &r secti&n $@= shall be punishable 'ith
impris&nment (&r a term, 'hich may e%tend t& &ne
m&nth, &r 'ith (ine 'hich may e%tend t& &ne th&usand
rupees, &r 'ith b&th#
#.R. Penalt2 $r clsure
(l) ny employer 'h& cl&ses d&'n an underta/in-
'ith&ut c&mplyin- 'ith the pr&+isi&ns &( sub-secti&n
(1) &( secti&n $@ 9 shall be punishable 'ith
imprisonment for a term, which may e(tend to
si( months, or with fine, which may e(tend to
five thousand rupees, or with both#
($) Any empl&yer, 'h& c&ntra+enes an &rder re(usin- t&
-rant permissi&n t& cl&se d&'n an underta/in- under
sub-secti&n ($) &( secti&n $@ : &r, shall be punishable
'ith impris&nment (&r a term 'hich may e%tend t& &ne
year, &r 'ith (ine 'hich may e%tend t& (i+e th&usand
rupees, &r 'ith b&th, and 'here the c&ntra+enti&n is a
c&ntinuin- &ne, 'ith a (urther (ine 'hich may e%tend t&
t'& th&usand rupees (&r e+ery day durin- 'hich the
c&ntra+enti&n c&ntinues a(ter the c&n+icti&n#
)'AP&ER <)
%N7AIR LA/(%R PRA)&I)ES
#.&. Prhi3itin $ un$air la3ur practice
>
#o employer or workman or a trade union,
'hether re-istered under the Trade Eni&ns Act,
1$? (1? &( 1$?), &r n&t, shall commit any
unfair labour practice#
#.%. Penalt2 $r c""ittin4 un$air la3ur
practices
>
Any person who commits any unfair labour
practice shall be punishable with
imprisonment for a term, which may e(tend
to si( months or with fine which may e(tend
to one thousand rupees or with both#
)'AP&ER <I
PENAL&IES
#0. Penalt2 $r ille4al stri,es and lc,>uts
(1) Any workman who commences, continues &r &ther'ise
acts in (urtherance &(, a strike which is illegal under this Act,
shall be punishable with imprisonment for a term which
may e(tend to one month, or with fine which may e(tend
to fifty rupees, or with both#
($) Any employer who commences, continues, &r &ther'ise
acts in (urtherance &( a lock+out which is illegal under this
Act, shall be punishable with imprisonment for a term
which may e(tend to one month, or with fine which may
e(tend to one thousand rupees, or with both#
#7. Penalt2 $r insti4atin, etc
>
ny person who instigates or incites others to take
part in, &r &ther'ise acts in (urtherance &(, a strike or
lock+out which is illegal under this Act, shall be
punishable with imprisonment for a term which may
e(tend to si( months, or with fine which may e(tend
to one thousand rupees, or with both.
#6. Penalt2 $r 4i8in4 $inancial aid t ille4al
stri,es and lc,>uts
>
ny person who knowingly e(pends or applies any
money in direct (urtherance or support of any illegal
strike or lock+out shall be punishable with
imprisonment for a term which may e(tend to si(
months, or with fine which may e(tend to one
thousand rupees, or with both#
#9. Penalt2 $r 3reach $ settle"ent r
a:ard
>
ny 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 e(tend to si( months, or with fine, or with
both, and the Court tryin- the &((ence, i( it fines the
offender, may direct that the whole or any part of the
fine reali;ed from him shall be paid, by way of
compensation, to any person who, in its opinion has
been in*ured by such breach.
*;. Penalt2 $r disclsin4 cn$idential
in$r"atin
>
ny person who willfully discloses any such
information as is re(erred t& in secti&n $1 in
c&ntra+enti&n &( the pr&+isi&ns &( that secti&n shall, on
complaint made by &r &n behal( &( the trade uni&n &r
indi+idual business a((ected, be punishable with
imprisonment for a term which may e(tend to si(
months, or with fine which may e(tend to one
thousand rupees, or with both#
*;A. Penalt2 $r clsure :ithut ntice
>
ny employer who closes down any undertaking
without complying with the provisions of section
-5FF shall be punishable with imprisonment for a
term which may e(tend to si( months, or with fine
which may e(tend to five thousand rupees, or with
both.
*1. Penalt2 $r ther $$ences
>
,hoever contravenes any of the provisions
of this act or any rule made there under shall,
i( n& &ther penalty is else'here pr&+ided by &r
under this Act (&r such c&ntra+enti&n, be
punishable with fine, which may e(tend to
one hundred rupees.