BOMBAY INDUSTRIAL RELATIONS ACT1946

CONTENTS:

INTRODUCTIONOBJECTIVESAPPLICABILITYDEFINTIONS:- INDUSTRY,EMPLOYEES.AUTHORITIES UNDER THE ACTREPRESENTATION OF DISPUTESILLEGAL LOCKOUTS/STRIKESPENALTIESCASE LAW- (MONOGRAM MILLS v THE STATE PETITIONER

INTRODUCTION

It replaced BID ACT 1938. Shri G.L. Nanda (Labour Minister).

Act depends on three principles:-(Negotiation) , (Conciliation) , (Arbitration)

OBJECTIVES OF THE ACT

1. To regulate relations between employers & employee and to promote harmonious relation between them.

2. To provide machinery for settlement of disputes by adjudication or arbitration on consideration of equity, justice and good service.

3. To promote collective bargaining.

APPLICABILITY

a) It extends to State of Maharashtra & Gujarat.

b) Applicable only to certain industries like silk, cotton , hosiery ,woolen, textile processing, sugar, cooperative banking, generation and supply of electric energy and transport.

INDUSTRY-Definition

• Section 2(j) of the industrial disputes Act defines-• “industry” means any business ,trade, undertaking, or calling

of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen.

AND INCLUDES…• agriculture and agricultural operations.• any branch of an industry may by notification in

the official gazette declare to be an industry for the purpose of this act

Definition of Employee-Section 2• Employee means any person (including an apprentice)

employed in any industry to do any manual, unskilled, skilled, Technical, Operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied

• It includes a person who has been {dismissed, discharged or retrenched from employment or whose services have been terminated} on account of any dispute.

• It excludes persons subject to defence forces, police force and prison service

• It excludes persons who are mainly employed in managerial or administrative capacity draws basic pay (excluding allowances) >1000 rupees per month.

Definition of Commissioner of Labour Sn (9).means an officer appointed by the State Government for the time being to be the Commissioner of Labour and in respect of any of the powers and duties of the commissioner of labour that may be conferred and imposed on any person.

Definition of Registrar Sn (31) means a person for the time being appointed to be the registrar of unions under this act and includes[ an additional registrar ] in respect of such powers and duties of the registrar as may be conferred and imposed on him, an assistant registrar of Unions.

Definition of Board of Conciliation means when an industrial dispute arises the state government may, by notification in the Official Gazette constitute a board of conciliation for promoting the settlement of such dispute.

The number of employees and employers in the Panel shall be equal.

Definition of Labour Officer Sn (22) means an officer appointed to perform the duties of a Labour Officer under this Act and includes in respect of such duties of the Labour Officer.

Duties of Labour Officer: a) watch the interests of employees and promote harmonious relations between employers and employees. b) investigate the grievances of employees and represent to employers such grievance and make recommendations to them in consultation with the employees concerned for their redress.

c) report to the state government the existence of any industrial dispute of which no notice of change has been given together with the names of the parties thereto.

Definition of Industrial Court Sn (22)

Powers of Industrial Court1) The industrial court in appeal may confirm , modify .or rescind any

decision or order appealed against and may pass such orders there in as it may deem fit.

2) In respect of offences punishable under this act; the industrial court shall have all the powers of the High Court of Gujarat under the code of criminal Procedure ,1898

(v of 1898)3) A copy of order passed by the industrial shall be sent to the labour court.

means when an industrial dispute arises the state government may, by notification in the Official Gazette constitute a board of conciliation for promoting the settlement of such dispute.

Definition of Court of Enquiry Sn (100)

A court of Enquiry shall inquire into such industrial matters as may be referred to it by the state government including any matter pertaining to conditions of work or relations between employees and employers in any industry and any aspect of any industrial dispute.

- it may refer to the industrial court any point of law arising in any proceeding before it under this Act.

Representation of Disputes

a) Association of employers shall be entitled to represent any employer.

b) No employee shall be allowed to appear or act in any proceeding except through the representation of employees.

ILLEGAL STRIKES & LOCKOUTS

{ STRIKES 2(q) means cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment.}

{ LOCK OUTS 2(i) means the closing of a 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.} 1)A strike shall be illegal if it is commenced or continued:-

a) in cases where it relates to an industrial matter or regulated by any standing order for the time being in force. b) in cases where conciliation proceeding in regard to the industrial dispute to which the strike relates have commenced before the completion the period of 10 days.

c) only for the reason that the employer has not carried out the provisions of any standing order or has made an illegal change.

2) A strike relating to such dispute shall be illegal if it is commenced at any time after the expiry of two months after the completion of conciliation proceeding.

SECTION ACTION IMPRISONMENTUP TO

PENALTY

102 Penalty for declaring illegal lock-out.

---- Rs2500 or more than.

103 Penalty for declaring or commencing illegal strike

--- Rs10 OR 1 Rs per day

105 Penalty for disclosing confidential information

----- Rs1000

106 Penalty for illegal change 3 MONTHS , OR Rs 5000 OR BOTH

106-A Penalty for failure to appoint members on Joint Committee

------ Rs 50 every DAY

108 Penalty for obstructing person from carrying out duties.

------ Rs500

109 Penalties for offences not provided for elsewhere.

------- Rs 200

PENALTIES

COMPARISON OF ID v/s BIR BIR ACT 1946 ID ACT 1947

1) THIS IS A STATE LEGISLATION 1) THIS IS A CENTRAL LEGISLATION.

2) THE AUTHORITIES UNDER THIS ACT: i) Commissioner of Labour ii) Registrars, Additional Registrars. iii) Chief Conciliator iv) Board of Conciliation v) Labour Officers vi) Court of Enquiry vii) Wage Boards viii) Labour Courts ix) Industrial Courts

2) THE AUTHORITIES UNDER THIS ACT: i) - ii) - iii) Conciliation Officer iv) Board of Conciliation v) - vi) Court of Enquiry vii) - viii) Labour Courts ix) Industrial Courts

BIR ACT 1946 ID ACT 1947

3) THE ACT applies to industries which may be notified by the government generally or in any local area.

3) The act automatically applies to all industrial establishment.

4) The Representative of Union is the sole bargaining agent for representing employees in each industry in a local area. Once the representative union so appears, nobody else can appear.

4) No such provision exists .

5) The provisions relating to strikes/lockouts are the same for all industries covered under the act.

5) Sec 22 & 23 of the act provide for strikes/lockouts in public and non-public utility services respectively.

BIR ACT 1946 ID ACT 1947

6) If conciliation proceedings fails either of the parties can make a reference of the dispute to the industrial court prior to the intervention of govt.

6) No such provision exists. It goes direct to conciliation officer. If no settlement before him occurs, a failure report is sent to the Govt and Govt sits for the judgement.

7) There is no provision under the act for lay-off , retrenchment, etc and payment of compensation there off.

7) Chapters V-A & V-B of the act have made elaborate provisions for lay-off, retrenchment, transfer of undertaking and closure in each case.

Case study

MONOGRAM MILLS LTD v THE STATE OF GUJARAT PETITIONER (1972 SC)

ACT : BOMBAY INDUSTRIAL RELATION ACT 1947 AS AMENDED BY GUJARAT ACT 21 OF 1972 ss 53 A & 53 B AND RULES THERE UNDER in 61Z .

HEAD NOTE : It relates to the constitution of Joint Management Councils, which include representatives of the employees also, for the purpose of forestalling and preventing Industrial Disputes.

It also relates to labour welfare and industrial disputes, and that the State Legislature was competent to enact them.

The principal act was enacted to regulate the relations of employers and employees , to make provisions for settlement of industrial disputes and certain other purposes.

Sec 53 A & 53 B

1) If in respect of any industry , the state government is of opinion that it is desirable in public interest to take action under this section, in which all five hundred or more employees are employed or have been employed on any day in the preceding twelve months, so however the number of employees shall not be less than the number of employers.

2) One of the members of the council shall be appointed as chairman in accordance with rules made in this behalf.

a) To promote cordial relations between the employers and the employees .b) To build up understanding and trust between them.c) To secure better administration of welfare measure and adeqaute safety measures.d) To trained the employees in undertaking the responsibilities of management of undertaking.

Rules under 61 Z:

1)To improve the working conditions of the employees .2)To encourage suggestion from the employees .3)To create in the employees a sense of participation.4)To render advice in the general administration of standing orders.5)To serve generally as an authentic channel of communication between the management and the employees.

61- Z – A: Administrative functions which the councils shall be entrusted by the employer.

61 – Z – B : Matters in respect of which the council shall be entitled to receive information.

CONCLUSION:-

THE APPROACH IN THIS CASE WAS MORE UNITARISTIC RATHER THAN PLURALISTIC IDEOLOGY. AS IT REQUIRES MORE THAN AGREEMENT ABOUT JOINT-DECISION MAKING AS SUCH.

APPEAL WAS DISMISSED and the parties were to bear their own costs throughout.

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