Id Act the Final

7/29/2019 Id Act the Final

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Disputes- The Industrial Disputes Act, 1947


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Objective Objective of the Industrial Disputes Act is to secure industrial

peace and harmony by providing machinery and procedure for theinvestigation and settlement of industrial disputes by negotiations.

The Act also lays down :

The provision for payment of compensation to the workman onaccount of closure or lay off or retrenchment.

The procedure for prior permission of appropriate Government for

laying off or retrenching the workers or closing down industrial

establishments.

Unfair labour practices on part of an employer or a trade union or

workers.


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Applicability

The Industrial Disputes Act extends to whole of India and applies to

every industrial establishment carrying onany business, trade, manufacture or distribution of goods and

services irrespective of the number of workmen employed

therein.

Every person employed in an establishment for hire or rewardincluding contract labour, apprentices and part time employees to

do any manual, clerical, skilled, unskilled, technical, operational or

supervisory work, is covered by the Act.

This Act though does not apply to persons mainly in managerial or

administrative capacity, persons engaged in a supervisory capacity

and drawing > 10,000 p.m or executing managerial functions and

persons subject to Army Act, Air Force and Navy Act or those in

police service or officer or employee of a prison.


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Definitions

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

terms of employment or with the conditions of labour, ofany person.


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Industry

"industry" means any systematic activity carried on by co-

operation between an employer and his workmen (whether suchworkmen are employed by such employer directly or by or through

any agency, including a contractor) for the production, supply or

distribution of goods or services with a view to satisfy human

wants or wishes (not being wants or wishes which are merely

spiritual or religious in nature), whether or not, :

any capital has been invested for the purpose

such activity is carried on with a motive to make any gain or profit,


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Industrial Establishment

"industrial establishment or undertaking" means an establishment

or undertaking in which any industry is carried on:if any unit of such establishment or undertaking carrying on any

activity, being an industry, is severable from the other unit or units

of such establishment or undertaking, such unit shall be deemed to

be a separate industrial establishment or undertaking;

if the predominant activity or each of the predominant activities

carried on in such establishment or undertaking or any unit thereof

is an industry and the other activity or each of the other activities

carried on in such establishment or undertaking or unit thereof is

not severable from and is, for the purpose of carrying on, or aidingthe carrying on of, such predominant activity or activities, the

entire establishment or undertaking or, as the case may be, unit

thereof shall be deemed to be an industrial establishment or

undertaking;


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o and includes :

any activity of the Dock Labour Board established under section 5A

of the Dock Workers (Regulation of Employment) Act, 1948any activity relating to the promotion of sales or business or both

carried on by an establishment.

o but does not include :

any agricultural operation except where such agricultural operation

is carried on in an integrated manner with any other activity

hospitals or dispensaries;

educational, scientific, research or training institutions;


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institutions owned or managed by organizations wholly or

substantially engaged in any charitable, social or philanthropic

service; or

khadi or village industries; or

any activity of the Government relatable to the sovereign functions

of the Government

any domestic service; or

any activity, being a profession practiced by an individual or bodyor individuals, (employees less than 10)

any activity, being an activity carried on by a co-operative society

or a club or any other like body of individuals, (employees less than

10)


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Lay off

"lay-off" (with its grammatical variations and cognate expressions)

means the failure, refusal or inability of an employer on account ofshortage of coal, power or raw materials or the accumulation of

stocks or the breakdown of machinery [or natural calamity or for

any other connected reason] to give employment to a workman

whose name is borne on the muster rolls of his industrial

establishment and who has not been retrenched.

Employment should be given within 2 hours of presentation of

oneself to the workplace

Full basic wages + Dearness Allowance is to be paid


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Lock-out

"lock-out" means the [temporary 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;


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Retrenchment "retrenchment means the termination by the employer of the

service of a workman for any reason whatsoever, otherwise than

as a punishment inflicted by way of disciplinary action, but doesnot include :

voluntary retirement of the workman; or

retirement of the workman on reaching the age of superannuation

termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and

the workman concerned on its expiry or of such contract

termination of the service of a workman on the ground of

continued ill-health.


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Settlement

"settlement" means a settlement arrived at in the course of

conciliation proceeding and includes a written agreementbetween the employer and workmen arrived at otherwise than in

the course of conciliation proceeding where such agreement has

been signed by the parties thereto in such manner as may be

prescribed and a copy thereof has been sent to [an officer

authorized in this behalf by] the appropriate Government and the

conciliation officer;]


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Strike

"strike" means a 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;


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Workman "workman" 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, and for

the purposes of any proceeding under this Act in relation to an

industrial dispute, includes any such person who has been

dismissed, discharged or retrenched in connection with, or as a

consequence of, that dispute, or whose dismissal, discharge orretrenchment has led to that dispute, but does not include any such

person :

who is subject to the Air Force Act, Army Act, or the Navy Act.

who is employed in the police service who is employed mainly in a managerial or administrative capacity

who, being employed in a supervisory capacity


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Public Utility Services "public utility service" means :

any railway service [or any transport service for the carriage of

passengers or goods by air];

any service in, or in connection with the working of, any major

port or dock;

any section of an industrial establishment, on the working of

which the safety of the establishment or the workmen employedtherein 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;

any industry specified in the [First Schedule] 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


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CHAPTER II

AUTHORITIES UNDER THE ACT


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3. Works Committee

In the case of any industrial establishment in which100 or more workmen are employed or have beenemployed on any day in the preceding 12 months

The appropriate government may by general orspecial order require the employer to constitute inthe prescribed manner a Works Committee

Consisting of representatives of employers andworkmen engaged in the establishment

Such that the number of representatives of workmen

shall not be less than the number of representativesof employers


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Works Committee contd..

The representatives of workmen shall be chosen inthe prescribed manner from among the workmen

engaged in the establishment and in consultation

with the trade union, if any, registered under Indian

Trade Unions Act, 1926 It shall be the duty of the Works Committee to

promote measures for securing and preserving

amity and good relations between the employer and

workmen.


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4. Conciliation Officers

The appropriate Government may, by notification inthe Official Gazette, appoint such number ofpersons as it think fit, to be conciliation officers,

charged with the duty of mediating in and promoting

the settlement of industrial disputes.A conciliation officer may be appointed for :

a specified area or

specified industries in a specified area or

one or more specified industries and

either permanently or for a limited period.


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5. Boards of Conciliation

The appropriate Government may as occasion arises bynotification in the Official Gazette constitute a Board of

Conciliation for promoting the settlement of an industrial

dispute.

A Board shall consist of a chairman and 2 or 4 othermembers

The chairman shall be an independent person

the other members shall be persons appointed in equal

numbers to represent the parties to the dispute and any person appointed to represent a party shall be

appointed on the recommendation of that party.


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6. Courts of Enquiry

The appropriate Government may as occasion arises bynotification in the Official Gazette constitute a Court of

Inquiry.

A Court may consist of one independent person or of

such number of independent persons as the appropriateGovernment may think fit.

Where a Court consists of two or more members, one of

them shall be appointed as the chairman.

A Court, having the prescribed quorum, may actnotwithstanding the absence of the chairman or any of

its members or any vacancy in its number.


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7. Labour Courts

The appropriate Government may, by notification in theOfficial Gazette, constitute one or more Labour Courts for the

adjudication of industrial disputes relating to any matter

specified in the Second Schedule and for performing such

other functions as may be assigned to them, under this Act.

Shall consist of one person only to be appointed by the

appropriate Government.

A person shall not be qualified for appointment as the

presiding officer of a Labour Court, unless:

He is, or has been, a Judge of a High Court; orHe has, for a period of not less than three years, been a

District judge or an Additional District Judge; or


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Labour Courts contd

He has held any judicial office in India for not

less than seven years; or

He has been the presiding officer of a Labour

Court constituted under any provincial Act orState Act for not less than five years.


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7A. Tribunal The appropriate Government may, by notification in

the Official Gazette, constitute one or more

Industrial Tribunals for the adjudication of industrial

disputes relating to any matter, whether specified in

the Second Schedule or the Third Schedule and

for performing such other functions as may be

assigned to them under this Act

A Tribunal shall consist of one person only to be

appointed by the appropriate Government. The appropriate Government may, if it so thinks fit,

appoint two persons as assessors to advise the

Tribunal in the proceeding before it.


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7B. National Tribunal The Central Government may, by notification in the

Official Gazette, constitute one or more NationalIndustrial Tribunals for the adjudication of industrial

disputes which, in the opinion of the Central

Government, involve questions of national

importance or are of such a nature that industrial establishments

situated in more than one State are likely to be

interested in, or affected by, such disputes.

A National Tribunal shall consist of one person only

to be appointed by the Central Government.

A person shall not be qualified for appointment as

the presiding officer of a National Tribunal unless heis, or has been, a Jud e of a Hi h Court.


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7C. Disqualifications for the presiding officers

of Labour Courts, Tribunals and

National Tribunals

No person shall be appointed to, or continue in, the

office of the presiding officer of a Labour Court,

Tribunal or National Tribunal, if:

He is not an independent person; or

He has attained the age of sixty-five years.


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CHAPTER IIA

NOTICE OF CHANGE


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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:

Without giving to the workmen likely to be

affected by such change, a notice in the

prescribed manner of the nature of the changeproposed to be effected; or

Within twenty-one days of giving such notice


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THE SECOND SCHEDULE


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Matters within the jurisdiction of

Labour Courts The propriety or legality of an order passed by an

employer under the standing orders;

The application and interpretation of standing order;

Discharge or dismissal of workmen includingreinstatement of, or grant of relief to, workmen

wrongfully dismissed;

Withdrawal of any customary concession or

privilege; Illegality or otherwise of a strike or lock-out; and

All matters other than those specified in the Third

Schedule.


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THE THIRD SCHEDULE


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Matters within the jurisdiction of

Industrial Tribunals

Wages, including the period and mode of payment;

Compensatory and other allowances;

Hours of work and rest intervals;

Leave with wages and holidays; Bonus, profit sharing, provident fund and gratuity;

Shift working otherwise than in accordance with

standing orders;

Classification by grades;

Rules of discipline;

Rationalisation;


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Retrenchment of workmen and closure ofestablishment; and

Any other matter that may be prescribed.


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THE FOURTH SCHEDULE


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Conditions of Service for Change of

which Notice is to be given

Wages, including the period and mode of payment;

Contribution paid, or payable, by the employer to

any provident fund or pension fund or for the benefit

of the workmen under any law for the time being inforce;

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;


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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 in so far as they are provided in

standing orders; Rationalisation, standardisation or improvement of plant

or technique which is likely to lead to retrenchment of

workmen;

Any increases or reduction (other than casual) in thenumber of persons employed or to be employed in any

occupation or process or department or shift


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CHAPTER IIIREFERENCE OF DISPUTES TO BOARDS,

COURTS OR TRIBUNALS


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Contents

10. Reference of dispute to Boards, Courts or Tribunals.

10A. Voluntary reference of disputes to arbitration


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Reference of dispute to Boards,

Courts or Tribunals

1) The appropriate Government is of opinion that

any industrial dispute exists, it may at any time], by

order in writing-

Refer the dispute to a Board for promoting asettlement thereof; or

Refer any matter appearing to be connected with or

relevant to the dispute to a Court for inquiry; or

Refer the dispute or any matter appearing to beconnected with, or relevant to, the dispute, if it

relates to any matter specified in the Second

Schedule, to a Labour Court for adjudication; or


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Refer the dispute whether it relates to any matter

specified in the Second Schedule or the Third Schedule,

to a Tribunal for adjudication

2) Where the parties to an industrial dispute apply in the

prescribed manner, whether jointly or separately, for a

reference of the dispute to a Board, Court, [Labour Court,Tribunal or National Tribunal], the appropriate

Government, if satisfied that the persons applying

represent the majority of each party, shall make the

reference accordingly.


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3) Where an industrial dispute has been referred to a

Board,[Labour Court, Tribunal or National Tribunal] under

this section, the appropriate Government may by order

prohibit the continuance of any strike or lock-out in

connection with such dispute which may be in existence

on the date of the reference.


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4) No proceedings pending before a Labour Court, Tribunal or National

Tribunal in relation to an industrial dispute shall lapse merely by reason

of the death of any of the parties to the dispute being a workman, and

such Labour Court, Tribunal or National Tribunal shall complete suchproceedings and submit its award to the appropriate Government.


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Voluntary reference of disputes

to arbitration

1) Where any industrial dispute exists and theemployer and the workmen agree to refer thedispute to arbitration, they may, at any timebefore the dispute has been referred to aLabour Court or Tribunal or National Tribunal,by a written agreement, refer the dispute toarbitration and the reference shall be to such

person or persons (including the presidingofficer of a Labour Court or Tribunal or NationalTribunal) as an arbitrator or arbitrators as maybe specified in the arbitration agreement.


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2) An arbitration agreement referred to ,shall be in such

form and shall be signed by the parties thereto in such

manner as may be prescribed.3) copy of the arbitration agreement shall be forwarded to

the appropriate Government and the conciliation officer

and the appropriate Government shall, within [one

month] from the date of the receipt of such copy, publish

the same in the Official Gazette

4) The arbitrator or arbitrators shall investigate the

dispute and submit to the appropriate Government the

arbitration award signed by the arbitrator or all the

arbitrators, as the case may be.


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CHAPTER IVPROCEDURE, POWERS AND DUTIES OF

AUTHORITIES

C t t


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Contents11. Procedure and power of conciliation officer, Boards, Courts and Tribunals.

11A. Powers of labour Court, Tribunals and National Tribunals to give

appropriate relief in case of discharge or dismissal of workmen.

12. Duties of conciliation officers.

13. Duties of Board.

14. Duties of Courts.

15. Duties of Labour Courts, Tribunals and National Tribunals.

16. Form of report or award.

17. Publication of reports and awards.

17A. Commencement of the award.

17B. Payment of full wages to workmen pending proceedings in higher courts.

18. Persons on whom settlements and awards are binding.

19. Period of operation of settlements and awards.

20. Commencement and conclusion of proceedings.

21. Certain maters to be kept confidential.

11 P d d f l ff


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11. Procedure and power of conciliation officers,

Boards, Courts and Tribunals.

(1) Subject to any rules that may be made in this behalf,an arbitrator, a Board, Court, Labour Court, Tribunal or

National Tribunal shall follow such procedure as the

arbitrator or other authority concerned may think fit.

(2) A conciliation officer or a member of a Board, [ or

Court or the presiding officer of a Labour Court, Tribunal

or National Tribunal] may for the purpose of inquiry into

any existing industrial dispute, after giving reasonable

notice, enter the premises occupied by any establishment

to which the dispute relates.


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4) A conciliation officer [may enforce the attendance of

any person for the purpose of examination of such

person or call for] and inspect any document which he

has ground for considering to be relevant to the industrial

dispute.

5) A Court, Labour Court, Tribunal or National Tribunal

may, if it so thinks fit, appoint one or more persons

having special knowledge of the matter under

consideration as an assessor or assessors to advise it in

the proceeding before it.

11A Powers of Labour Court Tribunals and


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11A. Powers of Labour Court, Tribunals and

National Tribunals to give appropriate relief in

case of discharge or dismissal of workmen.

Where an industrial dispute relating to the discharge or dismissal

of a workman has been referred to a Labour Court, Tribunal or

National Tribunal for adjudication and, in the course of the

adjudication proceedings, the Labour Court, Tribunal or National

Tribunal, as the case may be, is satisfied that the order of

discharge or dismissal was not justified, it may, by its award, set

aside the order of discharge or dismissal and direct re-

instatement of the workman on such terms and conditions, if any,

as it thinks fit, or give such other relief to the workman including

the award of any lesser punishment in lieu of discharge ordismissal as the circumstances of the case may require

12 D ti f ili ti


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12. Duties of conciliation

officers To record the settlement in Form H

under Rule 58(1).

To maintain a register of allsettlements under Rule 75.

To send a copy of settlement to the

appropriate Government.


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13. Duties of Board1) Where a dispute has been referred to a Board under

this Act, it shall be the duty of the Board to endeavor to

bring about a settlement of the same and for this

purpose the Board shall, in such manner as it thinks fit

and without delay, investigate the dispute and allmatters affecting the merit and the right settlement

thereof and may do all such things as it thinks fit for the

purpose of inducing the parties to come to a fair and

amicable settlement of the dispute.

) f l f h d f f h d


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2) If a settlement of the dispute or of any of the matters in dispute is

arrived at in the course of the conciliation proceedings, the Board shall

send a report thereof to the appropriate Government together with a

memorandum of the settlement signed by the parties to the dispute.

3) If no such settlement is arrived at, the Board shall, as soon as

practicable after the close of the investigation, send to the appropriate

Government a full report setting for the proceedings and steps taken by

the Board for ascertaining the facts and circumstances relating to thedispute and for bringing about a settlement thereof, together with a full

statement of such facts and circumstances, its findings thereon, the

reasons on account of which, in its opinion, a settlement could not be

arrived at and its recommendations for the determination of the dispute.

( ) h d h ll b i i d hi i i hi


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(5) The Board shall submit its report under this section within two

months of the date [on which the dispute was referred to it] or within

such shorter period as may be fixed by the appropriate Government.

14 D i f C A C h ll i i i h f d i


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14. Duties of Courts. - A Court shall inquire into the matters referred to it

and report thereon to the appropriate Government ordinarily within a

period of six months from the commencement of its inquiry.

15. Duties of Labour Courts, Tribunals and National Tribunals. - Where anindustrial dispute has been referred to a Labour Court, Tribunal or

National Tribunal for adjudication, it shall hold its proceedings

expeditiously and shall, [ within the period specified in the order referring

such industrial dispute or the further period extended under the second

provision to sub-section (2A) of section 10], submit its award to theappropriate Government.


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16. Form of report or award.

(l) The report of a Board or Court shall be in writing and shall be signed by

all the members of the Board or Court, as the case may be

(2) The award of a Labour Court or Tribunal or National Tribunal shall be inwriting and shall be signed by its presiding officer.

17. Publication of reports and awards.

1) Every report of a Board or Court together with any minute of dissent

recorded therewith, every arbitration award and every award of a LabourCourt, Tribunal or National Tribunal shall, within a period of thirty days

from the date of its receipt by the appropriate Government, be published

in such manner as the appropriate Government thinks fit.

(2) Subject to the provisions of section 17A, the award published under

subsection (1) shall be final and shall not be called in question by anyCourt in any manner whatsoever.


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18. Persons on whom settlements and awards are binding

(1) A settlement arrived at by agreement between the employer and

workman otherwise than in the course of conciliation proceeding shall be

binding on the parties to the agreement.(2) [Subject to the provisions of sub-section (3), an arbitration award]

which has become enforceable shall be binding on the parties to the

agreement who referred the dispute to arbitration.]

19 P i d f i f l d d


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19. Period of operation of settlements and awards.

(1) A settlement shall come into operation on such date as is agreed upon

by the parties to the dispute, and if no date is agreed upon, on the date on

which the memorandum of the settlement is signed by the parties to thedispute.

(2) Such settlement shall be binding for such period as is agreed upon by

the parties, and if no such period is agreed upon, for a period of six

months [from the date on which the memorandum of settlement is signed

by the parties to the dispute], and shall continue to be binding on the

parties after the expiry of the period aforesaid, until the expiry of two

months from the date on which a notice in writing of an intention to

terminate the settlement is given by one of the parties to the other party

or parties to the settlement.

20 C t d l i f di


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20. Commencement and conclusion of proceedings.

(1) A conciliation proceeding shall be deemed to have commenced

on the date on which a notice of strike or lock-out under section 22is received by the conciliation officer or on the date of the orderreferring the dispute to a Board, as the case may be.

(2) A conciliation proceeding shall be deemed to have concluded. -

(a) Where a settlement is arrived at, when a memorandum of the

settlement is signed by the parties to the dispute;(b) Where no settlement is arrived at, when the report of the

conciliation officer is received by the appropriate Government or

when the report of the Board is published under section 17, as the

case may be; or(c) When a reference is made to a Court, 1[Labour Court, Tribunal or

National Tribunal] under section 10 during the pendency ofconciliation proceedings.


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21. Certain matters to be kept confidential.

There shall not be included in any report or award under this Act,any information obtained by a conciliation officer, Board, Court, inthe course of any investigation or inquiry as to a trade union or asto any individual business which is not available otherwise thanthrough the evidence given before such officer, Board,Court,[Labour Court, Tribunal, National Tribunal or arbitrator], ifthe trade union, person, firm or company, in question has made arequest in writing to the conciliation officer, Board, Court [LabourCourt, Tribunal, National Tribunal or arbitrator], as the case maybe, that such information shall be treated as confidential; nor shallsuch conciliation officer or any individual member of the Board , [

or Court or the presiding officer of the Labour Court, Tribunal orNational Tribunal or the arbitrator] or any person present at orconcerned in the proceedings disclose any such informationwithout the consent in writing of the secretary of the trade unionor the person, firm or company in question, as the case may be.


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CHAPTER V

STRIKES AND LOCK-OUTS


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STRIKE

Strike" means a 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;


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LOCK-OUT

Lock-out" means the [temporary 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;

Ingredients of Strikes &


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Ingredients of Strikes &

LockoutsStrike [2(q)] by workmen

Refusal to work or accept employment

BY A BODY OF PERSONS IN 'INDUSTRY' [2(j)]

If under a common understanding or acting inconcert.

LOCKOUT [2(l)] BY EMPLOYER

Temporary closing of place of employment, or

Refusal to continue to employ persons

employed by an employer

P hibi i f ik


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Prohibition of strikes

No person employed in a public utility service shallgo on strike, in breach of contract:

Without giving to the employer notice of strike, asherein after provided, within six weeks before

striking; or Within fourteen days of giving such notice; or

Before the expiry of the date of strike specified inany such notice as aforesaid; or

During the pendency of any conciliation proceedingsbefore a conciliation officer and seven days after theconclusion of such proceedings.


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Prohibition of Lockouts

No employer carrying on any public utility serviceshall lock-out any of his workman:

Without giving them notice of lock-out as

hereinafter provided, within six weeks beforelocking-out ; or

Within fourteen days of giving such notice; or

Before the expiry of the date of lock-out specified in

any such notice as aforesaid ; or During the pendency of any conciliation proceedings

before a conciliation officer and seven days after theconclusion of such proceedings.


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STRIKES AND LOCK-OUTS

The notice of lock-out or strike under this section shall not benecessary where there is already in existence a strike or, as the

case may be, lock-out 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 orfor a particular area or for a particular class of public utility

services.

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.


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When would strikes or lockouts be illegal

In 'public utility service' [22(1)& (2), 23, 30, 19] when

strike/lockout is commenced :

Without giving at least 14 days notice.

Prior to date indicated in the notice. During pendency of proceedings before conciliation

officer/board and seven days thereafter

During pendency of proceedings before Labour

court/Tribunal/Arbitrators and two months thereafter

During the period when a settlement or award is in

operation on matters covered

When would strikes or lockouts be


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When would strikes or lockouts be

illegalIn non-public utility service [23, 20, 19] when

Strike/lockout is commenced :

In breach of contract

During pendency of conciliation before a board andseven days thereafter

During pendency of conciliation before Labour

court/Tribunal/Arbitrator and two months

thereafter During the period on matters covered when a

settlement or award is in operation.

C f ill l ik / l k


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Consequences of illegal strikes/ lockouts

On workmen

- All workmen no wages- Instigators could be punished/imprisoned under

sections 26, 27, 28.

On employer

- Will have to pay wages and can be punished/imprisonedUnder sections 26, 27, 28.

On any person

- Any person extending financial assistance to further anIllegal strike or lockout would be violating section 25.


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Manner of giving Strike/Lockout Notice

Strike [22(4)]

Notice shall be given in form-L.

As prescribed under rule 71 of central rule

Or corresponding state rule

Lockout [22(5)]

Notice shall be given in form-M

As prescribed under rule 72 of central rule or

corresponding state rule.

ii) WHAT IS LAY OFF' ?


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) S O

AS PER SECTION 2(kkk) LAY OFF IS THE INABILITY / FAILURE / REFUSAL

OF THE EMPLOYER TO GIVE EMPLOYMENT TO WORKMEN ON HIS MUSTERROLLS (EXCLUDES BADLIS AND CASUALS) ON ACCOUNT OF :

- SHORTAGE OF COAL / POWER / RAW MATERIALS

- ACCUMULATION OF STOCKS

- BREAKDOWN OF MACHINERY- NATURAL CALAMITY (LIKE FLOODS / EARTHQUAKE /

FIRE / LIGHTNING, ETC) OR

- ANY OTHER CONNECTED REASON

PROVISIONS IN LAYOFF


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PROVISIONS IN LAYOFF

i) WHAT SECTIONS AND CHAPTERS OF ID ACT REGULATE LAY OFF ?

SECTIONS 2(kkk), 25A, 25B, 25C, 25D, 25E OF CHAPTER VA ANDSECTIONS 25K, 25L, 25M, 25Q, AND 25S OF CHAPTER VB.

iii) IS THE LAY OFF PROVISIONS APPLICABLE TO ALL INDUSTRIESFALLING UNDER Sn 2(j) ?

NO - LAY OFF PROVISIONS ARE APPLICABLE ONLY TO A LIMITEDCATEGORY OF INDUSTRIES LIKE FACTORES, MINES AND PLANTATIONS,THAT TOO IF THEY ARE EMPLOYING MORE THAN 50 WORKMEN ON THEAVERAGE [25A(b) & 25 (k)]. IF THE ESTABLISHMENT IS OF SEASONALCHARACTER OR IS OPERATING ONLY INTERMITTENTLY ALSO LAY OFF

PROVISIONS WILL NOT APPLY [SEE SECTIONS 25A(b) & 25(k)].

iv) ARE WORKMEN REQUIRED TO PUT IN A MINIMUMQUALIFYING SERVICE FOR BEING ELIGIBLE FOR LAY OFF


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QUALIFYING SERVICE FOR BEING ELIGIBLE FOR LAY OFFCOMPENSATION ?

AS PER SECTION 25(B) ONLY WORKMEN WHO HAVE PUT IN ONE YEAR'CONTINUOUS SERVICE' (RECKONED FROM THE DATE OF LAY OFF) AREELIGIBLE TO LAY OFF COMPENSATION.

ONE YEAR CONTINUOUS SERVICE MEANS PERMANENT EMPLOYMENT ORWORKING FOR 240 DAYS IN A PERIOD OF 12 MONTHS. 240 DAYS WILL

INCLUDE DAYS OF SICKNESS/EARNED LEAVE AVAILED/ACCIDENTLEAVE/MATERNITY LEAVE/STRIKE WHICH IS NOT ILLEGAL/LOCK OUTDAYS/AND CESSATION OF WORK NOT DUE TO FAULT OF WORKMAN.

) ARE ANY CATEGORY OF WORKMEN EXCLUDED FROM LAY OFF


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v) ARE ANY CATEGORY OF WORKMEN EXCLUDED FROM LAY OFFBENEFITS ?

AS PER SECTION 25(C) AND 25(M) BADLIS AND CASUALS ARE INELIGIBLE

UNLESS THEY HAVE PUT IN 240 DAYS ATTENDANCE IN 12 MONTHS PRIORTO DATE OF LAY OFF.

vi) IS PRIOR GOVERNMENT APPROVAL REQUIRED FOR LAYING OFFWORKMEN ?

ESTABLISHSMENTS EMPLOYING AVERAGE OF 50 WORKMEN OR MOREDURING THE MONTH PRIOR TO LAY OFF AND EMPLOYING LESS THAN 100WORKMEN ON AN AVERAGE ARE REGULATED BY PROVISIONS OFCHAPTER VA AND NEED NOT TAKE ANY PERMISSION.

ESTABLISHMENTS WHICH EMPLOYED AVERAGE OF 100 OR MOREWORKMEN DURING THE 12 MONTHS PRIOR TO LAY OFF ARE REGULATEDBY CHAPTER VB AND MUST OBTAIN PRIOR PERMISSION FROMAPPROPRIATE GOVERNMENT.


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NOTE

FOR ESTABLISHMENTS HAVING MORE THAN 51% CENTRAL GOVERNMENTSHARE CAPITAL THE APPROPRIATE GOVERNMENT FOR LAY OFF WILL BEONLY THE CENTRAL GOVERNMENT AND NOT THE STATE GOVERNMENT[SEE Sn.25(L)(b)].

vii) WHAT HAPPENS IF PERMISSION IS NOT APPLIED FOR OR PERMISSIONIS DENIED BY GOVERNMENT ?

WORKMEN WILL BE ELIGIBLE TO RECEIVE FULL WAGES FOR THE ENTIRELAY OFF PERIOD.

viii) WHAT IS THE NORMAL RATE OF LAY OFF COMPENSATION PAYABLE ?

NORMAL RATE OF COMPENSATION PAYABLE IS 50% OF BASIC + DA [25(C) IFPERMISSION IS REFUSED OR NOT OBTAINED MUST PAY FULL WAGES [25(M)(8)].


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ix) WHAT IS THE PROCEDURE FOR APPLYING FOR PERMISSION ?

ESTABLISHMENTS ATTRACTED BY CHAPTER VB MUST SUBMITAPPLICATION TO APPROPRIATE GOVERNMENT IN FORM-03. MUST ALSONOTIFY REGIONAL LABOUR COMMISSIONER THE COMMENCEMENT ANDCONCLUSION OF LAY OFF IN FORMS 01 AND 02 WITHIN 7 DAYS [SECTIONS25(M) AND R 75A]. GOVERNMENT MAY GRANT / REFUSE PERMISSIONWITHIN 60 DAYS OF SUBMISSION OF APPLICATION. IF NO REPLY FROMGOVERNMENT - AFTER 60 DAYS PERMISSION CAN BE ASSUMED [SECTION25(M)(5)].

x) CAN EMPLOYER DENY LAY OFF PAYMENT IN ANY CIRCUMSTANCES ?

UNDER CERTAIN CONTINGENCIES MENTIONED IN SECTION 25(E)ESTABLISHMENTS ATTRACTED BY CHAPTER VA CAN REFUSE TO PAY LAYOFF COMPENSATION. IF WORKMEN REFUSE TO ACCEPT ALTERNATEEMPLOYMENT UNDER SAME EMPLOYER WITHIN RADIUS OF 5 MILES[25(E)(1)]. IF HE DOES NOT REPORT FOR GIVING ATTENDANCE [25(E)(2)].IF LAY OFF IS DUE TO STRIKE OR GO SLOW BY ANOTHER SECTION OFWORKMEN [25(E)(3)].

C PROVISIONS ON 'RETRENCHMENT'


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C PROVISIONS ON RETRENCHMENT

i) WHAT AMOUNTS TO RETRENCHMENT [DEFINITION SECTION 2(00)] ?

AS PER SECTION 2(00) ALL TYPES OF TERMINATION OF A WORKMAN BYAN EMPLOYER WOULD BE RETRENCHMENT, UNLESS IT IS A TERMINATIONBY WAY OF DISCIPLINARY ACTION OR IT FALLS UNDER ANY ONE OF THEFOLLOWING FOUR EXCEPTIONS :

1) VOLUNTARY RETIREMENT

2) RETIREMENT ON REACHING THE AGE OF SUPERANNUATION (IFTHERE IS A STIPULATION IN THE CONTRACT OF EMPLOYMENT)

3) TERMINATION RESULTING OUT OF NON-RENEWAL

OF A FIXED TERM CONTRACT EMPLOYMENT.

4) TERMINATION ON ACCOUNT OF CONTINUED

ILL-HEALTH.

ii) IS PRIOR PERMISSION REQUIRED FROM THE APPROPRIATEGOVERNMENT FOR RESORTING TO RETRENCHMENT ?


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GOVERNMENT FOR RESORTING TO RETRENCHMENT ?

NO PERMISSION REQUIRED IF ESTABLISHMENT EMPLOYED LESS THAN 100WORKMEN (AVERAGE FOR THE PREVIOUS 12 MONTHS) -Sn.25K. MAKING

OF APPLICATION AND OBTAINING PRIOR PERMISSION FROM APPROPRIATEGOVERNMENT (OR NOTIFIED AUTHORITY) IS REQUIRED INESTABLISHMENTS (LIKE 'FACTORIES', 'MINES' AND 'PLANTATIONS' ONLY)WHICH EMPLOYED MORE THAN 100 WORKMEN (AVERAGE FOR PREVIOUS12 MONTHS) Sn.25N(1)(b), 25L(a), 25L(b), AND 2(a)]. SUCH APPLICATION FORPRIOR PERMISSION SHOULD BE MADE IN ADVANCE AND IF NOT TURNED

DOWN, AFTER 60 DAYS IT CAN BE PRESUMED THAT PERMISSION IS GIVEN -Sn.25N(4).

NOTE

1) WHILE GIVING OF NOTICE AND PAYMENT OF COMPENSATION TO

WORKMEN IS APPLICABLE TO ALL TYPES OF INDUSTRIALESTABLISHMENTS, THE REQUIREMENT OF APPLYING AND OBTAININGPRIOR GOVERNMENT PERMISSION IS APPLICABLE ONLY TO THREECATEGORIES OF INDUSTRIAL ESTABLISHMENTS, VIZ FACTORIES, MINESAND PLANTATIONS [25L(a)].

2) PUBLIC SECTOR UNDERTAKINGS IN WHICH CENTRAL GOVERNMENT HASAT EAST 1% SHARE CAPITA SHOU D APP Y AND OBTAIN


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AT LEAST 51% SHARE CAPITAL SHOULD APPLY AND OBTAINPERMISSION FROM THE CENTRAL GOVERNMENT AND NOT THE STATEGOVERNMENT EVEN IF THE APPROPRIATE GOVERNMENT FOR THEMUNDER SECTION 2(a) IS THE STATE GOVERNMENT [SEE Sn.25L(b)].

iii)POWER OF GOVERNMENT TO GRANT/REFUSE/REVIEW PERMISSION [25N(1) TO (9)]

UNDER Sn.25N(3) GOVERNMENT CAN GRANT/REFUSE PERMISSION, BUTMUST GIVE REASON FOR THIS TO EMPLOYER AND WORKMEN. UNDERSn.25N(6) GOVERNMENT CAN REVERSE ITS EARLIER ORDER GRANTINGOR REFUSING PERMISSION AND ISSUE FRESH ORDERS.

GOVERNMENT CAN ALTERNATIVELY UNDER Sn.25N(6) REFER THE ISSUE

OF PERMISSION TO TRIBUNAL FOR GRANTING OR REFUSING PERMISSIONAND SUCH TRIBUNAL SHOULD PASS AN ORDER IN 30 DAYS. ANY ORDERPASSED BY GOVERNMENT/APPROPRIATE AUTHORITY SHALL AS PERSn.25N(5) BE BINDING FOR A PERIOD OF ONE YEAR.

NOTE


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IF WORKMEN HAVE BEEN RETRENCHED WITHOUT PERMISSION (IN ABOVE100 WORKMEN CASE) OR PERMISSION HAS BEEN REFUSED THE AFFECTED

WORKMEN WILL GET ALL BENEFITS AS IF THEY WERE NEVER TERMINATED[Sn.25N(7)].

iv) NOTICE, IF ANY, REQUIRED TO BE GIVEN TO WORKMEN TO BERETRENCHED

IN SMALLER ESTABLISHMENTS (AVERAGE LESS THAN 100 WORKMEN)

MINIMUM ONE MONTHS NOTICE OR ONE MONTHS PAY IN LIEU OF NOTICE

MUST BE GIVEN [Sn. 25F(a)] IN LARGER ESTABLISHMENTS( AVERAGE

MORE THAN 100 WORKMEN) MINIMUM THREE MONTHS NOTICE OR THREE

MONTHS PAY IN LIEU OF NOTICE MUST BE GIVEN [Sn. 25 N(1)(a)].

v) PROCEDURE FOR RESORTING TO RETRENCHMENT


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NOTICE MUST BE SENT TO THE APPROPRIATE GOVERNMENT/NOTIFIED

AUTHORITY IN FORM P UNDER RULE 76. APPLICATION FOR PERMISSION

MUST BE MADE IN FORM PA UNDER RULE 76-A(1) OR FORM PB UNDERRULE 76-A(2) AS THE CASE MAY BE. A CATEGORY WISE WORKMEN

SENIORITY LIST MUST BE PREPARED AND IN EACH CATEGORY THE LEAST

SENIOR, MUST GO OUT FIRST - EXCEPTIONS CAN BE MADE WITH PROPER

REASONS RECORDED AND THE SENIORITY LIST SHOLD BE DISPLAYED AS

PER RULE 77 [Sn.25G].

vi)HAVE RETRENCHED WORKMEN THE RIGHT TO RE-EMPLOYMENT ?

IF AT ANY LATER DATE THE PLANT OR PROCESS IS RESTARTED,RETRENCHED WORKMEN SHOULD BE GIVEN PREFERENCE FO RE-

EMPLOYMENT AND THE INTIMATION GIVEN TO THE CONCERNED WORKMEN

AND UNION AND NOTICE DISPLAYED AT LEAST 10 DAYS BEFORE FILLINGUP THE VACANCY. [Sn.25H, R-78].

vii)IMPACT OF OTHER LAWS


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)

ANY PROVISION ON RETRENCHMENT IN ANY OTHER LAW OR STANDING

ORDERS INCONSISTENT WITH THE PROVISIONS IN THE ID ACT SHALL BE

NULL AND VOID. HOWEVER, IF MORE BENEFICIAL TERMS EXIST THOSEWILL PREVAIL [Sn.25J].

viii)CONSEQUENCES OF VIOLATING THE PROVISIONS ON RETRENCHMENT

AS PER Sn.25Q IMPRISONMENT UPTO ONE MONTH OR Rs.1000/- FINE ORBOTH.

d) PROVISIONS ON 'CLOSURE'


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i)WHAT AMOUNTS TO CLOSURE [2n.2(cc)] ?

A PERMANENT CLOSURE OF (a) A PLACE OF EMPLOYMENT, OR (b) APART OF THE ESTABLISHMENT.

ii) IS PRIOR PERMISSION REQUIRED FROM THE APPROPRIATE GOVERNMENTFOR CLOSING DOWN AN ESTABLISHMENT ?

NO PERMISSION REQUIRED IF ESTABLISHMENT EMPLOYED LESS THAN 100WORKMEN (AVERAGE FOR PREVIOUS 12 MONTHS) [Sn.25 K] MAKING OFAPPLICATION AND OBTAINING PRIOR PERMISSION FROM APPROPRIATEGOVERNMENT (OR NOTIFIED AUTHORITY) IS REQUIRED IF THEESTABLISHMENT IS A 'FACTORY', 'MINE' OR 'PLANTATION' WHICH EMPLOYEDMORE THAN 100 WORKMEN (AVERAGE OF PREVIOUS 12 MONTHS) [Sn.25-O(I),25L(a), 25L(b), 2(a)]. SUCH APPLICATION FOR PRIOR PERMISSION SHOLD BESUBMITTED AT LEAST 90 DAYS IN ADVANCE OF PROPOSED DATE OFCLOSURE - COPY OF APPLICATION TO BE SENT TO UNION/WORKMENREPRESENTATIVES [25(O)(1)] IF NO REPLY IS RECEIVED FROM GOVERNMENTWITHIN 60 DAYS, APPROVAL CAN BE PRESUMED [25(O)(3)].

NOTE


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1) PRIOR PERMISSION REQUIRED ONLY FOR 'FACTORIES', 'MINES' AND

'PLANTATIONS'.

2) PUBLIC SECTOR UNDERTAKINGS IN WHICH CENTRAL GOVERNMENT

HAS AT LEAST 51% SHARE CAPITAL SHOLD APPLY AND OBTAIN

PERMISSION FROM CENTRAL GOVERNMENT AND NOT THE STATE

GOVERNMENT EVEN IF THE APPROPRIATE GOVERNMENT FOR

THEM UNDER SECTION 2(a) IS THE STATE GOVERNMENT [Sn.25L(b), 2(a)].

iii)POWER OF GOVERNMENT TO GRANT/REFUSE/REVIEW PERMISSION

UNDER Sn.25(O)(2) GOVERNMENT CAN GRANT/REFUSE PERMISSION,

BUT MUST GIVE REASON FOR THIS TO EMPLOYER AND WORKMEN.

UNDER Sn.25(O)(5) GOVERNMENT CAN REVERSE ITS EARLIER

ORDER GRANTING OR REFUSING PERMISSION AND ISSUE FRESH

ORDERS

GOVERNMENT CAN ALTERNATIVELY UNDER Sn.25(O)(5) REFER THE ISSUE


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OF PERMISSION TO A TRIBUNAL FOR GRANTING OR REFUSING

PERMISSION AND SUCH TRIBUNAL SHOULD PASS AN ORDER IN 30

DAYS. ANY ORDER PASSED BY GOVERNMENT/APPROPRIATE

AUTHORITY SHALL AS PER Sn.25(O)(4) BE BINDING FOR A PERIODOF ONE YEAR. IF NO ORDER IS PASSED WITHIN 60 DAYS OF

MAKING APPLICATION AS PER Sn.25(O)(3) IT CAN BE PRESUMED THAT

PERMISSION HAS BEEN GIVEN.

NOTE :

1) WHERE THE ESTABLISHSMENT HAS BEEN CLOSED WITHOUT MAKING

AN APPLICATION OR WITHOUT OBTAINING PERMISSION FROM THE

GOVERNMENT OR WHEN THE PERMISSION HAS BEEN REFUSED AS

PER Sn.25(O)(6), AFFECTED WORKMEN WILL BE ENTITLED TO ALL

BENEFITS AND BE TREATED AS IF THE UNDERTAKING WAS NOT CLOSEDDOWN.

2) IN CASES LIKE CLOUSURE DUE TO DEATH OF AN EMPLOYER OR DUE TO

ACCIDENT IN THE ESTAB ISHMENT AS PER S 2 (O)( ) GOVERNMENT


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ACCIDENT IN THE ESTABLISHMENT AS PER Sn. 25(O)(7) GOVERNMENT

CAN GRANT RELAXATION OR EXEMPTION FROM THE VARIOUSPROVISIONS ON CLOSURE.

Iv) NOTICE, IF ANY, REQUIRED TO BE GIVEN BEFORE CLOSURE OFUNDERTAKING

AS PER Sn.25FFA AND RULE 76B IN SMALLER ESTABLISHMENTS(EMPLOYING LESS THAN 100 WORKMEN BUT ABOVE 50 WORKMEN)

NOTICE OF CLOSURE IN FORM 'Q' MUST BE GIVEN BY REGISTERED POSTTO :

a) APPROPRIATE GOVERNMENT

b) REGIONAL LABOUR COMMISSIONER

c) EMPLOYMENT EXCHANGE CONCERNED


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vi) CONSEQUENCIES OF VIOLATING THE PROVISIONS ON CLOSURE

AS PER Sn.25R ANY EMPLOYER WHO CLOSES DOWN ANESTABLISHMENT WITHOUT COMPLYING WITH THE PROVISIONS OF

Sn.25(O)(1) SHALL BE PUNISHABLE WITH IMPRISONMENT FOR 6MONTHS OR WITH FINE UPTO Rs.5,000/- OR BOTH.


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Industrial Disputes Act

Chapters VI & VII

Chapter VI- PENALTIES


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Chapter VI- PENALTIES

26. Penalty for illegal strikes and lock-outs.- (1) Any workman who commences, continues or otherwise

acts in furtherance of, a strike which is illegal under this Act,

shall be punishable with imprisonment for a term which may

extend to one month, or with fine which may extend to fifty

rupees, or with both.

(2) Any employer who commences, continues, or otherwise

acts in furtherance of a lock-out which is illegal under this Act,

shall be punishable with imprisonment for a term which mayextend to one month, or with fine which may extend to one

thousand rupees, or with both.


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Contd

27. Penalty for instigation, etc:

Any person who instigates or incites others to take partin, or otherwise acts in furtherance of, a strike or lock-out

which is illegal under this Act, shall be punishable with

imprisonment for a term which may extend to six months,

or with fine which may extend to one thousand rupees, or

with both.

28. Penalty for giving financial aid to illegal strikes and

lock-outs:

Any person who knowingly expends or applies any

money in direct furtherance or support of any illegalstrike or lock-out shall be punishable with imprisonment

for a term which may extend to six months, or with fine

which may extend to one thousand rupees, or with both.


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Contd

29. Penalty for breach of settlement or award:

1*[Any 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 extend to six months, or with fine, or with

both, 2*[and where the breach is a continuing one, with afurther fine which may extend to two hundred rupees for

every day during which the breach continues after the

conviction for the first] and the Court trying the offence, if

it fines the offender, may direct that the whole or any part

of the fine realized from him shall be paid, by way ofcompensation, to any person who, in its opinion, has

been injured by such breach.]

d


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Contd

30. Penalty for disclosing confidential information:

Any person who wilfully discloses any such information

as is referred to in section 21 in contravention of the

provisions of that section shall, on complaint made by or

on behalf of the trade union or individual business

affected, be punishable with imprisonment for a term

which may extend to six months, or with fine which may

extend to one thousand rupees, or with both.

C d


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Contd

30A. Penalty for closure without notice: 3*[30A. Penalty for closure without notice.- Any employer

who closes down any undertaking without complying with

the provisions of section 25FFA shall be punishable with

imprisonment for a term which may extend to six months,

or with fine which may extend to five thousand rupees, or

with both.]

C d


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Contd

31. Penalty for other offences: (1) Any employer who contravenes the provisions of

section 33 shall be punishable with imprisonment for a

term which may extend to six months, or with fine which

may extend to one thousand rupees, or with both.

(2) Whoever contravenes any of the provisions of this Act

or any rule made there under shall, if no other penalty is

elsewhere provided by or under this Act for such

contravention, be punishable with fine which may extend

to one hundred rupees.

Chapter VII- MISCELLANEOUS


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p

32. Offence by companies, etc. :

Where a person committing an offence under this Act is a

company, or other body corporate, or an association of

persons (whether incorporated or not), every director,

manager, secretary, agent or other officer or person

concerned with the management thereof shall, unless heproves that the offence was committed without his knowledge

or consent, be deemed to be guilty of such offence.

C td


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Contd

33. Conditions of service, etc., to remain unchanged under

certain circumstances during pendency of proceedings : 1*[33. Conditions of service, etc., to remain unchanged under

certain circumstances during pendency of proceedings.- (1)

During the pendency of any conciliation proceeding before a

conciliation officer or a Board or of any proceeding before

2*[an arbitrator or] a Labour Court or Tribunal or NationalTribunal in respect of an industrial dispute, no employer

shall

(a) in regard to any matter connected with the dispute, alter, to

the prejudice of the workmen concerned in such dispute, the

conditions of service applicable to them immediately before the

commencement of such proceeding; or

(b) for any misconduct connected with the dispute, discharge or

punish, whether by dismissal or otherwise, any workmenconcerned in such dispute,save with the express permission in

writin of the authorit before which the roceedin is endin .

C td


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Contd

(2) During the pendency of any such proceeding in respect of

an industrial dispute, the employer may, in accordance withthe standing orders applicable to a workman concerned in

such dispute 2*[or, where there are no such standing orders,

in accordance with the terms of the contract, whether express

or implied, between him and the workman],--

(a) alter, in regard to any matter not connected with the dispute,the conditions of service applicable to that workman immediately

before the commencement of such proceeding; or

for any misconduct not connected with the dispute, or discharge

or punish, whether by dismissal or otherwise, that workman:

Contd


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Contd

Provided that no such workman shall be discharged or

dismissed, unless he has been paid wages for one monthand an application has been made by the employer to the

authority before which the proceeding is pending for approval

of the action taken by the employer.

(3) Notwithstanding anything contained in sub-section (2), no

employer shall, during the pendency of any such proceedingin respect of an industrial dispute, take any action against any

protected workman concerned in such dispute--

Contd


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Contd

(a) by altering, to the prejudice of such protected workman, theconditions of service applicable to him immediately before the

commencement of such proceedings; or

(b) by discharging or punishing, whether by dismissal or

otherwise, such protected workman, save with the express

permission in writing of the authority before which the proceedingis pending.

Documents

Id Act the Final