The Industrial Disputes act, 1947: as amended by the Finance Act 2010(14-2010) (Bare Act)/ Universal Law Publishing

THE INDUSTRIAL DISPUTES ACT, 1947
Introduction
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Definitions 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute
CHAPTER !I
AUTHORITIES UNDER THIS ACT
3. Works Committee
4. Conciliation officers
Boards of Conciliation Courts of Inquiry '
Labour Courts
Tribunals
National Tribunals Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals Filling of vacancies Finality of orders constituting Boards, etc.
CHAPTER IIA
NOTICE OF CHANGE
Notice of change
Power of Government to exempt
CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS Reference of disputes to Boards, Courts or Tribunals Voluntary reference of disputes to arbitration
CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES 11. Procedure and power of conciliation officers. Boards, Courts and
Tribunals llA. Powers of Labour Courts, 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 workman 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 matters to be kept confidential j
CHAPTER V ,
STRIKES AND LOCK-OUTS
22. Prohibition of strikes and lock-outs ^ 23. General prohibition of strikes and lock-outs 24. Illegal strikes and lock-outs 25. Prohibition of financial aid to illegal strikes and lock-outs .
CHAPTER VA
LAY-OFF AND RETRENCHMENT
25A. Application of sections 25C to 25E
25B. Definition of continuous service 25C. Right of workmen laid-off for compensation 25D. Duty of an employer to maintain muster rolls of workmen 25E. Workmen not entitled to compensation in certain cases 25F. Conditions precedent to retrenchment of workmen 25FF. Compensation to workmen in case of transfer of undertakings 25FFA. Sixty days' notice to be given of intention to close down any undertaking 25FFF. Compensation to workmen in case of closing down of undertakings
25G. Procedure for retrenchment 25H. Re-employment of retrenched workmen
25-1. [Repealed] 25J. Effect of Laws inconsistent with this Chapter
CHAPTER VB
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS
25K. Application of Chapter VB
25L. Definitions . . . 25M. Prohibition of lay-off 25N. Conditions precedent to retrenchment of workmen
25-0. Procedure for closing down an undertaking 25P. Special provision as to restarting undertakings closed down before commencement of the Industrial Disputes (Amendmerff) Act, 1976 _ 25Q. Penalty for lay-off and retrenchment without previous permission
25R. Penalty for closure 255. Certain provisions of Chapter VA to apply to industrial establishment to which this Chapter applies
CHAPTER l/C
UNFAIR LABOUR PRACTICES
25T. Prohibition of unfair labour practice 25U. Penalty for committing unfair labour practices
CHAPTER VI
PENALTIES 26. Penalty for illegal strikes and lock-outs 27. Penalty for instigation, etc. 28. Penalty for giving financial aid to illegal strikes and lock-outs 29. Penalty for breach of settlement'or award 30. Penalty for disclosing confidential information 30A. Penalty for closure without notice
31. Penalty for other Offences
CHAPTER VII
MISCELLANEOUS 32. Offence by companies, etc.
33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings 33A. Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceeding 33B. Power to transfer certain proceedings 33C. Recovery of money due from an employer 34. Cognizance of offences
35. Protection of persons
36. Representation of parties
36A. Power to remove difficulties
36B. Power to exempt
37. Protection of action taken under the Act
38. Power to make rules
39. Delegation of powers
40. Power to amend Schedules
THE FIRST SCHEDULE.—Industries which may be declared to be Public Utility Services under sub-clause (vi) of clause (n) of section 2

THE SECOND SCHEDULE.—Matters within the Jurisdiction of Labour Courts ■ * • • 106 THE THIRD SCHEDULE.— Matters within the Jurisdiction of Industrial Tribunals . . . 107 THE FOURTH SCHEDULE.—Conditions of Service for change of which Notice is to be given. . . 107 THE FIFTH SCHEDULE.—Unfair Labour Practices . . . 108
APPENDIX Extracts from the Industrial Disputes (Amendment) Act, 1982 . . 110
THE INDUSTRIAL TRIBUNAL (PROCEDURE) RULES, 1949
THE INDUSTRIAL TRIBUNAL (CENTRAL PROCEDURE) RULES, 1954
112
113
/
THE INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957
, PRELIMINARY
Rules 1. Title and application . . . 114
2.. Interpretation . . . 114
PART I
PROCEDURE FOR REFERENCE OF INDUSTRIAL DISPUTES TO BOARDS OF CONCILIATION, COURT OF ENQUIRY, LABOUR COURTS, INDUSTRIAL TRIBUNALS OR NATIONAL TRIBUNALS
3. Application • • • 115 4. Attestation of application • • . 115 5. Notification of appointment of Board, Court, Labour Court, Tribunal or National Tribunal • • • 116 6. Notice to parties to nominate representatives . . . 116
PART II
ARBITRATION AGREEMENT
7. Arbitration agreement • • • 116 8. Attestation of the arbitration agreement . . . 116 8A. Notification regarding arbitration agreement by majority of each party • • • 117
PART III
POWER, PROCEDURE AND DUTIES OF CONCILIATION OFFICERS, BOARDS, COURTS, LABOUR COURTS, TRIBUNALS, NATIONAL TRIBUNALS AND
ARBITRATORS 9. Conciliation proceedings in public utility service . . . 117
10. Conciliation proceedings in non-public utility service
lOA. Parties to submit statements
lOB. Proceeding before the Labour Court, Tribunal or
National Tribunal
11.
12.
13. Place and time of hearing
14. Quorum for Boards and Courts
15. Evidence
16. Administration of oath
17. Summons
18. Service of summons or notice 19. Description of parties in certain cases ;
20. Manner of service in the case of numerous persons as parties to a dispute 21. Procedure at the first sitting
22. Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator may proceed ex parts
23. Power of entry and inspection
24. Power, of Boards, Courts, Labour Courts, Tribunals and
National Tribunals
25. Assessors
26. Fees for copies of awards or other documents of Labour Court,
Tribunal or National Tribunal
27. Decision by majority
28. Correction of errors 29. Right of representatives 30. Proceedings before a Board, Court, Labour Court, Tribunal or
National Tribunal
PART IV
REMUNERATION OF CHAIRMAN AND MEMBERS OF COURTS, PRESIDING OFFICERS OF LABOUR COURTS, TRIBUNALS AND NATIONAL TRIBUNALS, ASSESSORS AND WITNESSES
31. Travelling allowance
32. Fees
33. Expenses of witnesses
PART V
NOTICE OF CHANGE
34. Notice of change . .
35. [Omitted]

PART VI
REPRESENTATION OF PARTIES
36. Form of authority under section 36
37. Parties bound by acts of representative
PART VII
WORKS COMMITTEE
38. Constitution
39. Number of members 40. Representatives of employer
41. Consultation with trade unions 42. Group of workmen's representatives
43. Electoral constituencies 44. Qualification of candidates for election j
45. Qualifications for voters
46. Procedure for election
47. Nomination of candidates for election
48. Scrutiny of nomination papers 48A. Withdrawal of candidates validly nominated 49. Voting in election
50. Arrangements for election
51. Officers of the Committee
52. Term of office '
53. Vacancies
54. Power to co-opt
55. Meetings
56. Facilities for meeting, etc.
56A. Submission of returns
57. Dissolution of Works Committee
PART VIII
MISCELLANEOUS
58. 'Memorandum of settlement 59. Complaints regarding change of conditions of service, etc. 60. Application under section 33
61. Protected workmen 62. Application for recovery of dues 63. Appointment of Commissioner ^ ^
64. Fees for the Commissioner, etc. •
65. Time for submission of report \ •
66. Local investigation
67. Commissioner's report 68. Powers of Commissioner /'
69. Summoning of witnesses, etc. 70. Representation of parties before the Commissioner 70A. Preservation of records by the National Industrial Tribunals,* Industrial Tribunals or Labour Courts
71. Notice of strike
72. Notice of lock-out 73. Report of lock-out or strike 74. Report of notice of strike or lock-out 75. Register of settlements
75A. Notice of lay-off 75B. Application for permission for lay-off under section 25M
76. Notice of retrenchment 76A. Notice of, and application,for, retrenchment /
76B. Notice of closure
76C. Notice of, and application for permission for, closure 77. Maintenance of seniority list of workmen 78. Re-employment of retrenched workmen
79. Penalties
80. Repeal
SCHEDULE
FORM A.— Form of application for the reference of an Industrial Dispute to a Board of Conciliation/Court of Enquiry/ L Labour Court/Tribunal/National Tribunal under section 10(2) of the Industrial Disputes Act, 1947 FORM B.— [Notice to parties to nominate representatives—See rule 6] form C.— Agreement FORM D.— [Summons issued by a Board, Court, Labour Court, Tribunal or National Tribunal—See rule 17] .
FORM E.— Notice of Change of Service Condition Proposed by an Employer FORM F.— [Form of authority under section 36—See rule 36] FORM G.— Form of Nomination Paper FORM G 1.—Progress Report on constitution and functioning of Works Committee for the half-year
FORM H.— Form for Memorandum of Settlement FORM I.— [Complaints regarding change of conditions of service, etc.— See rule 59] FORM J.— [Application under section 33—See rule 60(1)]. FORM K.— [Application seeking approval of the Conciliation Office, Board, Labour Court, Tribunal or National Tribunal of any action taken by him—See rule 60(2)] FORM K 1.—Application under sub-section (1) of section 33C of the Industrial Disputes Act, 1947
143
144
FORM K 2.—^Application by a person authorised by a workman or by the assignee or heir of a deceased workman under sub-section (1) of section 33C of the Industrial Disputes Act, 1947
FORM K 3.—Application under sub-section (2) of section 33C of the Industrial Disputes Act, 1947
FORM K 4.—Application by a person who is an assignee or heir of a deceased workman under sub-section (2) of section 33C of the Industrial Disputes Act, 1947 (14 of 1947)
FORM L.— Form of Notice of Strike to be given by Union/ Workmen in Public Utility service
FORM M.— Form of Notice of Lock-out to be given, by an Employer carrying on a Public Utility Service .
FORM N.— Form of Report of Strike or Lock-out in a Public Utility Service
FORM O.— [Register of Settlements—See rule 75] . . . FORM O 1.—[Notice of commence of lay off—See rule 75A] FORM O 2.—[Notice of termination of lay off—See rule 75A] FORM O 3.—Form of application for permission to lay-off, to continue the lay-off of workmen in industrial establishments to which provisions of Chapter VB of the Industrial Disputes Act, 1947 (14 of 1947) apply .
FORM P.— Form of Notice of Retrenchment to be given by an employer under clause (c) of section 25F of Industrial Disputes Act, 1947
FORM PA.— Form of notice for permission for retrenchment of workmen to be given by an employer under clause (d) of sub-section (1) of section 25N of the Industrial Disputes Act, 1947 (14 of 1947)
FORM PH.— [Omitted] FORM Q.— Form of notice of closure to be given by an employer under section 25FFA of the Industrial Disputes Act, 1947 (14 of 1947) FORM QA.— Form of notice for permission of closure to be given by an employer under sub-section (1) of section 25-0 of the Industrial Disputes Act, 1947 (14 of 1947)
form QB.—[Om/ffed]

LABOUR COURTS IN DELHI AND THEIR JURISDICTION ORDER