UTTAR PRADESH INDUSTRIAL DISPUTES ACT, 1947
(1) This Act may be called "The Uttar Pradesh Industrial Disputes Act, 1947".
(2) It extends to the whole of [Uttar Pradesh].
(3) It shall come into force on such date1as the 1 The Act came into force on February 1, 1948,see Noti. No. 495 (ST)/XVIII, dated January 19, 1948, Part I, p. 71. The U.P. Ordinance No. XIII of 1947 has been withdrawn from the date the U.P. Industrial Disputes Act, 1947 (XVIII of 1947) came into force; see Noti. No. 494 (ST)/XVIII, dated January 19, 1947, Part I, p. 71.[State Government] may by notification in the Official Gazette, appoint in this behalf.
(a) Apprentice means a person employed in an industry for the purpose of training therein in accordance with a scheme prepared in that behalf and approved by the State Government;
(b) Average Pay means the average of the wages payable to a workman-
(i) in the case of monthly paid workman, in the three complete calendar months;
(ii) in the case of weekly paid workman, in the four complete weeks;
(iii) in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average shall be calculated as the average of
[Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman any dispute or difference between that workman and his employer connected with or arising out of such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
If, in the opinion of the it is necessary or expedient so to do for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community, or for maintaining employment, it may, by general or special order, make provision-
(a) for prohibiting, subject to the provisions of the order, strikes or lock-outs generally, or a strike or lock-out in connection with any industrial dispute;
(b) for requiring employers, workmen or both to observe for such period, as may be specified in the order, such terms and conditions of employment as may be determined in accordance with the order;
(c) for appointing committees, representative both of the employer and workmen for securing amity and good relations between the employer and workmen a
(1) Where the trade or business of any public utility service or any subsidiary undertaking has closed or is likely to be closed the State Government may, on the application of more than one-half of the total number of partners and owning between them more than fifty per cent share therein, by order, published in the Gazette, authorize any person to carry on the trade or business, for the period in the manner and to the extent provided in the order :
Provided that no such order shall be made unless the State Government is further satisfied that it is necessary for the maintenance of supplies and services essential to the life of the community or for maintaining employment :
Provided further that the State Government may, from time to time, by order, published in the Gazette, extend the period specified in the order aforesaid.
[ Where on the date immediately preceding the date of the commencement on the Uttar Pradesh Industrial Disputes (Amendment) Act, 1950 any person was in pursuance of an order made under clause (f) of S.3, exercising control over any public utility service or any subsidiary undertaking, he shall, notwithstanding anything in the said clause or S.3-A, be deemed from the commencement of the said Act to have been a person validly authorized under and in accordance with S.3-A and the order aforesaid shall have effect as if it were an order duly or validly passed under S.3-A.]
1 Ins. by U.P. Act 1 of 1957.[* * * *]
(1) The State Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the First Schedule and for performing such other function as may be assigned to them under this Act.
(2) A Labour Court shall consist of one person only to be appointed by the State Government.
(3) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court unless-
2 Ins. by U.P. Act No. 2 of 1966. [(a) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or
(b) he has held the Office of the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industr
(1) The State 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 First Schedule or the Second Schedule.
(2) A Tribunal shall, except where otherwise provided under S.5-A, consist of one person only to be appointed by the State Government.
(3) A person shall not be qualified for appointed as the Presiding Officer of a Tribunal unless-
(a) he is or has been a Judge of a High Court; or
2 Added by Act No. 11 of 1966. [(aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or]
(b) he has held the Office of the Chai
[.- No person shall be appointed to or continue in, the Office of the Presiding Officer of a Labour Court or Tribunal, if-
(i) he is not an independent person; or
(ii) he has attained the age of 65 years.]
[For the purpose of constituting a Labour Court under S.4-A and an Industrial Tribunal under S.4-B the State Government shall cause to be prepared-
(i) a list of all persons who may be appointed Presiding Officer of a Labour Court, and
(ii) a list of all persons who may be appointed Presiding Officer of an Industrial Tribunal, and shall maintain the list by making such alterations therein as may, from time to time, be reported by the Committee appointed under S.4-E.
[(1) The State Government shall constitute a Committee consisting of the following :
(a) two Judges of the High Court nominated by the Chief Justice of the High Court. The Judge, who is senior, shall be the Chairman;
(b) the Chief Secretary to the State Government;
(c) the Principal Secretary or Secretary, as the case may be, to the State Government in the Labour Department;
(d) the Principal Secretary to the State Government in the Legislative Department;
(e) the Principal Secretary to the State Government in the Judicial Department;
(f) the Labour Commissioner, Uttar Pradesh;
(g) a person who is, or has been, a m
(l) The State Government may, by notification in the official Gazette, appoint such number of persons as it thinks fit, to be Conciliation Officers, charged with the duty of mediating in, and promoting thesettlement of, industrial disputes, in the manner to be prescribed.
(2) A Conciliation Officer may be appointed for specified area or areas.]
[If, for any reason a vacancy occurs in the Office of the Presiding Officer of a Labour Court or Tribunal, the State Government shall appoint any other person in accordance with the provisions of this Act to fill the vacancy, and the proceedings may be continued before the Labour Court or Tribunal, as the case may be, from the stage at which the vacancy is filled].
[No order of the State Government appointing any person on the Board or as the Presiding Officer of a Labour Court or Tribunal shall be called in question in any manner; and no act or proceeding before any Board, Labour Court or Tribunal shall be called in question in any manner on the ground merely of the existence of any vacancy in, or defect in, the Constitution of such Board, Labour Court or Tribunal.]
[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 Third Schedule, shall effect such change-
(a) without giving to the workman likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or
(b) within twenty-one days of giving such notice :
Provided that no notice shall be required for effecting any such change-
(i) where the change is effected in pursuance of any settlement, award or decision of the Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950; or
(ii) where the change is likely to affect workmen who
[Where the State Government is of opinion that the application of the provisions of S.4-I to any class of industrial establishment or to any class of workmen employed in any industrial establishment affects the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the State Government may, by notification in the Official Gazette, direct that the provisions of the said section shall not apply, or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workmen employed in any industrial establishment.]
[ Where the State Government is of opinion that any industrial dispute exists or is apprehended, it may at any time by order in writing refer the dispute or any matter appearing to be connected with, or relevant to, the dispute to a Labour Court if the matter of industrial dispute is one of those contained in the First Schedule, or to a Tribunal if the matter of dispute is one contained in the First Schedule or the Second Schedule for adjudication:
Provided that where the dispute relates to any matter specified in the Second Schedule and is not likely to affect more than one hundred workmen, the State Government may, if it so thinks fit, make the reference to a Labour Court.]
(1) Where an industrial dispute referred to adjudication 1 Subs, by U.P. Act 1 of 1957. [under S.4-A] has arisen only in a particular undertaking or group of undertaking, the 2 Subs, by the A.O. 1950 for "Provincial Government". [State Government] may include in the adjudication proceedings any other undertaking either of its own motion or on an application received in this behalf, whether an industrial dispute exists at the time in that undertaking or not, provided that the 3 Subs, by the A.O. 1950 for "Provincial Government". [State Government] is satisfied-
(i) that the undertaking to be so included is engaged in the same type of industry or business as the undertaking or the group of undertaking in which the industrial dispute referred for adjudication has arisen; and
4 The Original clause (ii) deleted and the clause (iii) re-number
[
(1) Where any industrial dispute may be referred to an Industrial Tribunal under S.4-K, the State Government, if, having regard to the nature of the dispute and the effect which its decision is likely to have on industry or any section thereof, or if the dispute is such as is likely as to affect more than one industrial establishment it so considers necessary, may constitute, notwithstanding anything in the said section, a tribunal consisting of there persons, of whom one to be designated by the State Government, shall be in the Chairman.
(2) Except as provided in sub-section (1) all the provisions of this Act relating to the constitution of an industrial tribunal, the qualification and disqualification of persons to be appointed thereto, the power and duties of such tribunals, the procedure to be followed by it in the hearing and disp
(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under S.4-K to a Labour Court or Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the Presiding Officer of a Labour Court or a Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.
(2) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.
(3) A copy of the arbitration agreement shall be forwarded to the State Government, the Conciliation Officer and Labour Commissioner, and the State Government shall written fourteen days from t
[
(1) Subject to any rules that may be made in this behalf, an arbitrator, a Labour Court or a Tribunal shall follow such procedure as the arbitrator, the Labour Court or the Tribunal concerned may think fit.
(2) A Presiding Officer of a Labour Court or a Tribunal may for the purpose of enquiry into any existing or apprehended industrial disputes, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates.
(3) Every Board, Labour Court and Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely-
(a) enforcing the attendance of any persons and examining him on oath or affirmation or oth
[.
(1) A Conciliation Officer may call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or which he considers necessary for verifying the implementation of any award or for carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the Conciliation Officer shall have the same powers as are vested in a Civil Court under the Civil Procedure Code, 1908, in respect of compelling the production of documents before it.
(2) A Conciliation Officer may, for the purpose of enquiry into any existing or apprehended dispute, after giving reasonable notice enter the premises occupied by any establishment.]
[Subject to any rules made under this Act, the costs of, and incidental to, any proceedings before an arbitrator, a Labour Court or Tribunal shall be in the discretion of the arbitrator, Labour Court or Tribunal, and the arbitrator, Labour Court or Tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and subject to what condition, if any, such costs are to be paid, and to give all necessary directions for the purpose aforesaid and such costs may, on application made to the State Government by the person entitled be recovered by the State Government in the same manner as an arrear of land revenue.]
(1) While an industrial dispute has been referred to a Labour Court or Tribunal for adjudication, ] it shall hold its proceedings expeditiously and shall as soon as it is practicable on the conclusion thereof, submit its award to the State Government.
(2) The award of a Labour Court or Tribunal shall be in writing and shall be signed by its Presiding Officer.
1 Ins. by U.P. Act 34 of 1978. [(2-A) An award in an industrial dispute relating to the discharge or dismissal of a workman may direct the setting aside of the discharge or dismissal and reinstatement of the workman on such terms and conditions, if any, as the authority making the award may think fit, or granting such other relief to the workman, including the substitution of any lesser punishment for discharge or dismissal, as the circumstances of the case may require.]
&n
[
(1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under S.6;
Provided that if the State Government is of the opinion that it will be inexpedient 2 Subs, by U.P. Act XXIII of 1957. [on public grounds affecting national or State economy or social justice] to give effect to the whole or any part of the award, the State Govern- merit may, by notification in the official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days;
Provided further that an arbitration award shall not become enforceable where the State Government after such enquiry as it considers necessary, is satisfied that the same has been given or obtained through collusion, fraud or misrepresent
(1) A settlement arrived at by agreement between the employer and workmen otherwise than in the course of conciliation proceeding shall except as provided in sub-section (4), be binding on the parties to the agreement :
Provided that if the period for which a settlement shall remain in force has not been laid down in such settlement itself, it shall remain in force for one year from the date of its registration.
(2) As soon as settlement referred to in sub-section (1) has been arrived at, the parties to the settlement or any one of them may apply to the Conciliation Officer of the area concerned in the prescribed manner for registration of the settlement.
(3) On receipt of application for registration under sub-section (2) the Conciliation Officer or an authority notified by the State Governm
[ An award shall in the first instance remain in operation for a period of one year or such shorter period as may be specified therein :
Provided that the State Government may extend the period of operation of an award from time to time, if it thinks fit :
Provided further that where the State Government whether of its own motion or on the application of any party bound by the award, considers that since the award was made there has been a material change in the circumstances on which it was based, the State Government may, after such enquiry as it may think fit, shorten the period of operation of the award.]
[Proceedings before a Labour Court or Tribunal shall be deemed to have commenced on the date of reference of a dispute to adjudication, and such proceedings shall be deemed to have concluded on the date on which the award becomes enforceable under S.6-A.]
[(1) During the pendency of any conciliation proceeding before a Conciliation Officer or a Board or of any proceedings before a Labour Court or Tribunal 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 workman concerned in such dispute save with the express permission in writing of the authority before which the proceeding is pending.
(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with th
[Where an employer contravenes the provisions of S.6-E during the pendency of proceedings before a Labour Court or Tribunal, any workmen aggrieved by such contravention may make a complaint in writing in the prescribed manner, to the Labour Court or Tribunal as the case may be, and on receipt, of such complaint that Labour Court or Tribunal as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with this Act and. shall submit its award to the State Government and the provisions of this Act shall apply accordingly.] Remedy-Scope of.-Alternative remedy provided under S.6-F is a complete, adequate and efficacious remedy which can be availed by petitioner. Writ petition is not maintainable. [Subhas Ganguly v. Industrial Tribunal, Agra, 1999 (82) FLR 562 (All)].
[(1) The State Government may by order in writing for reasons to be recorded withdraw and transfer a proceeding from-
(i) one Labour Court to another Labour Court or any Tribunal;
(ii) one Tribunal to another Tribunal or to a Labour Court if the dispute is within the jurisdiction of the Labour Court, for the disposal of the proceeding and the Labour Court or Tribunal to which the proceeding is so transferred may, subject to any special directions in the order of transfer, proceed either de nova or from the stage at which the proceeding was so transferred].
(2) Without prejudice to the provisions of sub-section (1) any Tribunal, if so authorized by the State Government, may transfer any proceeding under S.6-E or S.6-F pending before it to any one of the Labour Courts specified for the disposal
[(1) Where any money is due to a workman from an employer under the provisions of S.6-J, S.6-K, S.6-L, S.6-M, S.6-N, S.6-O, S.6-P, S.6-Q and 6-R or under a settlement or award, or under an award given by an adjudicator or the State Industrial Tribunal appointed or constituted under this Act, before the commencement of the Uttar Pradesh Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, the workman may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the money due to him, and if the State Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same as if it were an arrear of land revenue.
(2) Where any workman is entitled to receive from the employer any benefit which is capable of being computed in terms of mo
(1) Subject to the provisions of subsections (2) and (3), the parties to an industrial dispute may be represented before the Board, Labour Court, or Tribunal in the manner prescribed.
(2) No party to any proceeding before a Board shall be represented by a legal practitioner, and no party to any proceeding before a Labour Court or Tribunal shall be represented by a legal practitioner, unless the consent of the other party or parties to the proceeding and the leave of the Presiding Officer of the Labour Court or Tribunal, as the case may be, has been obtained.]
(3) No officer of a Union shall be entitled to represent any party unless a period of two years has elapsed since its registration under the Indian Trade Union Act, 1926, and the Union has been registered for one trade only :
Provided th
(1) S.6-K,S.6-L and 6-M inclusive shall not apply-
(a) to industrial establishment in which less than fifty workmen on an average per working day have been employed in the preceding calendar month, or
(b) to industrial establishments which are of a seasonal character or in which work is performed only intermittently.
(2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the State Government thereon shall be final.
Explanation.-In this section and in S.6-K, S.6-L and S.6-M "industrial establishment" means-
(i) a factory as defined in clause (m) of S.2 of the Factories Act, 1948, or
(1) Whenever a workman (other than a substitute or causal workman) whose name is borne on the muster-rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, he shall be paid by the employer for all days during which he is so laid-off except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off :
Provided that the compensation payable to a workman during any period of twelve months shall not be for more than forty-five days.
(2) Notwithstanding anything contained in the proviso to sub-section (1), if during any period of twelve months, a workman is laid-off for more than forty-five days, whether continu
[.-Notwithstanding that workman in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of S.6-J,S.6-K,S.6-L, S.6-M,S.6-N,S.6-O,S.6-P,S.6-Q and 6-R a muster-roll, and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours.]
[ No compensation shall be paid to a workman who has been laid-off,
(i) if he refuses to accept any alternative employment in the same establishment from which he has been laid-off, or 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 to which he belongs, if, in the opinion of the employer, such alternative employment does to call for any special skill or previous experience and can be done by the workman, provided that the wages which would normally have been paid to the workman are offered for the alternative employment also;
(ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day;
(iii) if such laving-off
[.-No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until-
(a) the workman has been given one months notice in writing indicating the reasons for retrenchment and the period of notice has expired or the workman has been paid in lieu of such notice wages for the period of notice :
Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for the termination of service;
(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days average pay for every completed year of service or any part thereof in excess of six months, and
(c) notice in
[Notwithstanding anything contained in S.6-N no workman shall be entitled to compensation under that section by reason merely of the fact that there has been a change of employers in any case where the ownership or management of the undertaking in which he is employed is transferred, whether by agreement or by operation of law, from one employer to another :
Provided that-
(a) the service of the workman has not been interrupted by reason of the transfer;
(b) the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer; and
(c) the employer to whom the ownership or management of the undertaking is so transferred is, u
[Where any workman in an industrial establishment who is a citizen of India, is to be retrenched and he belongs to a particular category of workman in the 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.]
[Where 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 to offer themselves for re-employment, and the retrenched workmen who offer themselves for re-employment shall have preference over other persons.]
(1) The provisions from S.6-J,S.6-K,S.6-L,S.6-M,S.6-N, S.6-O,S.6-P and S.6-Q shall have effect notwithstanding anything inconsistent therewith contained in any other law (including Standing Orders) made under the Industrial Employment (Standing Orders) Act, 1946 :
Provided that nothing contained in this Act shall have effect to derogate from any right which a workman has under the Minimum Wages Act, 1948, or any notification or order issued thereunder or any award for the time being in operation or any contract with the employer.
(2) For the removal of doubts, it is hereby declared that nothing contained in S.6-J,S.6-K,S.6-L,S.6-M,S.6-N, S.6-O,S.6-P,S.6-Q and S.6-R shall be deemed to affect the provisions of any other law for the time being in force so far as that law provides for the settlement of industrial disputes, but the rights an
(1) No person employed in an industrial establishment shall go on strike-
(a) without giving to the employer a notice of strike within thirty days before striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) during the pendency of any conditions proceedings before a Conciliation Officer or a Board and thirty days after the conclusion of such proceedings, if he is concerned in the dispute which is the subject-matter of such proceedings; or
(e) between the commencement and the conclusion of proceeding before a Labour Court or a Tribunal, if he is concerned in the dispute which is the subject-matter of s
(1) A strike or lock-out shall be illegal if it is commenced or declared in contravention of S.6-S or is continued beyond the date on which the industrial dispute to which the strike or, as the case may be, the lock-out relates, is taken up by a Board or is referred for adjudication to a Labour Court or Tribunal.
(2) A strike declared in consequence of an illegal lock-out or a lock-out declared in consequence of an illegal strike in an industrial establishment shall not be deemed to be illegal].
[.- No person shall aid, instigate or incite others to take part in or otherwise act in furtherance of any strike or lock-out which is, or when commenced, will be in contravention of the provisions of this Act.]
[.
(1) The provisions of S.6-W and S.6-X shall apply to an industrial establishment pertaining to an industry other than an industry referred to in sub-clause (i) of clause (a) of S.2 of the Industrial Disputes Act, 1947 (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months.
(2) If a question arises whether an industrial establishment is of a seasonal (Character or whether work is performed therein only intermittently, the decision of the State Government thereon shall be final.
(1) An employer who intends to close down an undertaking of an industrial establishment shall, in the prescribed manner, apply, for prior permission, at least ninety days before the date on which the intended closure is to become effective, to the State Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner :
Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work.
(2) Where an application for permission has been made under sub-section (1), the State Government, after making such enquiry at it thinks fit and after giving a reasonable opportunity of being heard to t
(1) If the State Government is of opinion in respect of any undertaking of an industrial establishment which has been closed down before or after the commencement of the Uttar Pradesh Industrial Disputes (Amendment) Act, 1983-
(a) that such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer;
(b) that there are possibilities of restarting the undertaking;
(c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies an services essential to the life of the community to restart the undertaking or both; and
(d) that the restarting of the undertaking will not result in hardship to the employer in relatio
Without prejudice to the generality of the powers vesting under 1 Subs. by Section 9 of U.P. Act No. 1 of 1957. [the provisions of this Act] the 2 Subs. by the A.O. 1950 for "Provl. Govt.". [State Government] may, by order, for the purposes contemplated in S.3-
(i) continue, with such modifications as it may consider necessary, under such conditions and such period as may be specified in the order, any order which was previously passed under any other enactment in force, enforcing all or any of the decisions of an adjudicator or recommendations of a conciliator or any agreement reached in conciliation proceedings between the parties to an industrial dispute;
(ii) enforce 3 Subs. by Section 9 of U.P. Act No. 1 of 1957. [in the prescribed manner] for such period as may be specified, the whole or any part of an agreement reached in concili
Without prejudice to any other provision contained in this Act the 1 Subs. by the A.O. 1950 for "Provl. Govt.".[State Government] or an officer authorised by it in this behalf may-
(i) require by order any person to furnish or produce before any specified authority or person such information or article in his possession as may be specified in the order, being information or article which the 2 Subs. by the A.O. 1950 for "Provl. Govt.".[State Government] or such officer considers it necessary or expedient to obtain or examine for the purposes of this Act;
(ii) authorise any person to enter or search any premises, or to inspect and seize any books or other documents or articles belonging to or under the control of any person which the 3 Subs. by the A.O. 1950 for "Provl. Govt.".[State Government] or the officer making the order may consid
If any person-
(i) when required by order to make any statement or furnish any information, makes any statement or furnishes any information which he knows or has reasonable cause to believe to be false, or not true, in any material particular; or
(ii) makes any such statement as aforesaid in any account, declaration, estimate, return or other document, which he it. required by order to furnish, he shall be punishable with imprisonment for a term which extend to three years, or with fine or with both.
Where any person is required by order to make any statement or furnish any Zinformation to any authority, that authority may by order with a view to verifying the statement made or the information furnished by such person, further require him to produce any books, accounts or other documents relating thereto which may be in his possession or under his control.
(1) No person who obtains any information by virtue of this Act, shall, otherwise than in connexion will the execution of the provisions of this Act or of any order made in pursuance thereof, disclose that information to any other person except with permission granted by or on behalf of the 1 Subs. by Section 9 of U.P. Act No. 1 of 1957. [State Government.]
(2) If any person contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term which may extend to two years to with fine or with both.
[. The State Government may, by notification in the Official Gazette, direct that any power exerciseable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions if any, as may be specified, in the direction, be exerciseable also by such officer or authority subordinate to the State Government as may be specified in the notification.]
(1) If in the opinion of the State Government any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, if any refer the question to such Labour Court or Tribunal as it may think fit.
(2) The Labour Court or Tribunal to which such question is referred shall after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such parties.]
[. If any question arises as to the application or interpretation of a standing order certified under the Industrial Employment (Standing Orders) Act, 1946, any employer or workman may refer the question to any one of the Labour Courts specified for the disposal of such proceeding by the State Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties.]
[. .- Every Conciliation Officer and every member and Chairman of a Board and every Presiding Officer of a Labour Court or Tribunal shall be deemed to be a public servant within meaning of S.21 of the Indian Penal Code, 1860.]
[. .-Every Labour Court or Tribunal shall be deemed to be a Civil Court for the purposes of S.480 of the Code of Criminal Procedure, 1898 and S.182 of the Code of Criminal Procedure, 1898.]
(1)If any person-
(a) when ordered by a Labour Court or Tribunal to produce or deliver up any document, being legally bound, intentionally omits to do so, or
(b) when required by a Labour Court or Tribunal to bind himself by an oath or affirmation to state the truth, refuses to do so, or
(c) being legally bound to state the truth on any subject to a Labour Court or Tribunal refuses to answer any question put to him touching such subject by such Labour Court or Tribunal, or
(d) refuses to sign any statement made by him when required to do so by a Labour Court or Tribunal, or
(e) intentionally offers any insult or causes any interruption to a Labour Court or Tribunal at any stage of its judicial proceeding
Unless any order made under this Act makes express provision to the contrary, nothing in this Act shall affect the power of the State Government to refer any industrial dispute or matters connected therewith under the Industrial Disputes Act, 1947, or to deal with any or settlement in accordance with the provisions of that Act.]
Legal Comments
"Introduction" - Uttar Pradesh Industrial Disputes Act, 1947 (UPID Act) governs industrial disputes within Uttar Pradesh; Section 12 relates to conciliation proceedings as a prelude to adjudication, outlining how conciliation is initiated, conducted and how its outcomes feed into the reference for adjudication. [ROHTAK AND HISSAR DISTRICTS ELECTRIC SUPPLY COMPANY LTD. VS State Of U. P. ]
"What Section Says" - Section 12 of UPID Act provides for conciliation by a Conciliation Officer/Board to bring about settlement; it anchors the adjudicatory process by encouraging settlement before Labour Court/Tribunal proceedings, and sets the process for commencing and continuing conciliation. [MANAGMENT OF S. K. F. BEARINGS INDIA LTD. VS S. M. RAVI KUMAR]
"Essential ingredients" - Existence of an industrial dispute or apprehension; appointment of a Conciliation Officer; notice and proceedings enabling settlement; the obligation to investigate promptly; and the imperative to refer unresolved disputes to Labour Court/Tribunal under Sections 4-K/10(1) as applicable. Also the need for fair opportunity and adherence to statutory forms where required. [MANAGMENT OF S. K. F. BEARINGS INDIA LTD. VS S. M. RAVI KUMAR][Vinod Kumar Singh VS State of U. P. ]
"Scope of Section" - Section 12 applies broadly to disputes arising in industries under UPID Act; it governs the conciliation stage before adjudication and interacts with sections defining industry, workman, and the reference mechanism; it cannot override or substitute for the core adjudicatory provisions under Sections 4-K, 6, and 10, but it shapes the path to adjudication. [MANAGMENT OF S. K. F. BEARINGS INDIA LTD. VS S. M. RAVI KUMAR][State of U. P. VS Ramesh Kumar]
"Punishment for Section" - Section 12 itself does not impose punishment; it provides a mechanism for settlement/conciliation. Penalties or consequences arise from contravention of subsequent orders (e.g., non-compliance with conciliation settlements, or improper proceedings under Section 33(2)/33C, etc.). For related misfeasance, see cases on non-compliance with consent/settlement and consequences under Sections 14, 33(2), and 34. [Vinod Kumar Singh VS State of U. P. ][E. SEFTON AND CO. , MIRZAPUR VS TEXTILE MILL MAZDOOR UNION]
"Judicial approach on jurisdiction and scope" - Courts consistently emphasize that High Courts cannot sit in appeal over industrial tribunal findings on matters of fact; Section 12 proceedings are quasi-judicial in nature but are subject to standard writ scrutiny. The authority to refer disputes lies with the appropriate Government and is constrained by territorial/functional jurisdiction (place of cause of action). [Pepsico India Holding Pvt. Ltd. VS Krishna Kant Pandey][Vinod Kumar Singh VS State of U. P. ]
"Scope of conciliation" - Conciliation proceedings must be initiated promptly; if there is existing industrial dispute or apprehension, the Conciliation Officer must act to bring about settlement; delay or denial of conciliation can attract judicial scrutiny, but the courts recognize some discretion in extending time for conciliation in exceptional circumstances. [MANAGMENT OF S. K. F. BEARINGS INDIA LTD. VS S. M. RAVI KUMAR][Jagran Prakashan Limited VS Krishna Mohan Trivedi]
"Relationship to standing orders" - Section 11C concerns standing orders, but does not empower the Labour Court to adjudicate industrial disputes; conciliation under Section 12 remains the pathway to settlement before adjudication under Sections 4-K/10. [LORD KRISHNA SUGAR MILLS, LTD. VS LABOUR COURT]
"Industry status and 240-day rule interplay" - Several UPID Act judgments uphold that if the Irrigation Department or Fisheries/industrial departments qualify as industry under Section 2(K)/(2(j)), termination procedures under Section 6-N and Rule 42 must be followed, including 240 days work criterion; non-compliance leads to reinstatement and back wages, affecting Section 12 conciliation as part of the dispute resolution. [State of Uttarakhand VS Krishan Pal][State of U. P. VS Presiding Officer]
"Burden of proof in retrenchment/context" - Where retrenchment is alleged, the burden lies on the employer to show compliance with Section 6(N) and Rule 42; non-compliance leads to void ab initio retrenchment and reinstatement with service benefits; conciliation can precede reference but cannot excuse non-compliance with statutory safeguards. [State of Uttarakhand VS Krishan Pal][State of Uttar Pradesh VS Dinesh Kumar Rouhila]
"Transfer of cases under 33b/33c" - The Court has held that transfers under Section 33b do not require notice, and that tribunals authorized under Section 33c(2) can entertain applications by working journalists; this underscores the breadth of statutory references and the need for proper adherence to procedural requirements in reference orders. [Uttarakhand Power Corporation Limited VS Rajesh Kumar][Pioneer Ltd. VS Labour Court]
"Outsourcing and standing orders interaction" - Where outsourcing/contract labor intersects with UPID Act, courts stress fair treatment and non-discriminatory practices; termination or re-engagement decisions must align with UPID rules and references, with potential redress via Section 4-K/6-N pathways. [Om Veer VS State Of Uttar Pradesh]
"Model Standing Orders – Model vs. certified orders" - Supreme Court held Model Standing Orders permissible only for matters not falling within UPID Act/U.P. Standing Orders; additions to the Schedule must relate to employment conditions; some stand-alone provisions (like retirement benefit during lay-off) can be valid if more favorable; but finality/appeals provisions may be invalid. [State Of U. P. VS Swadeshi Cotton Mills Company LTD. : Kamalapat Motilal Sugar Mills][ROHTAK AND HISSAR DISTRICTS ELECTRIC SUPPLY COMPANY LTD. VS State Of U. P. ]
"Writ jurisdiction and industrial disputes" - Allahabad/UP High Court law consistently hold that writs under Article 226 are not the proper vehicle to challenge merits of industrial disputes; the correct remedy is via Labour Court/Tribunal and proper references under UPID Act; High Courts should not substitute their own findings for tribunals. [Pepsico India Holding Pvt. Ltd. VS Krishna Kant Pandey][Ainulhaque VS State of U. P. , Managing Director, U. P. State Sugar Corporation Ltd. ]
"Jurisdiction over cause of action" - Jurisdiction is determined by where the cause of action arises; a termination in one state but service/face of consequences in another may require reference in the appropriate State/territorial forum; cross-border and inter-state references hinge on Section 10(1)(d) and 4-K/4-L provisions. [Vinod Kumar Singh VS State of U. P. ]
"Constitutional considerations" - Several cases discuss Article 19(1)(f)/226/227 interplay with statutory UPID Act sections; constitutional challenges to Section 3 or 6-N have failed where the UPID Act is a valid statute for industrial disputes regulation; natural justice and right to livelihood considerations inform stay/reinstatement orders. [British India Corporation Ltd. , Kanpur VS Govt. of Uttar Pradesh][E. SEFTON AND CO. , MIRZAPUR VS TEXTILE MILL MAZDOOR UNION]
"Back wages and remedies" - Courts frequently adjust back wages in light of gainful employment, delays in proceedings, or partial reinstatement; where workers were retrenched or terminated without due process, back wages/continuity of service are awarded; conciliation outcomes can influence final remedy in adjudication. [STATE OF U. P. VS CHARAN SINGH][Principal Kanhaiya Lal Polytechnic VS Presiding Officer, Labour Court]
"Consequences of non-compliance with conciliation" - Failure to enforce a conciliation settlement can lead to quashing of the referral order or mandates to enforce settlement via Section 7(ii); this reflects the enforceability of settlements in Form I and subsequent Form III-A orders. [DAWA UDYOG KAMGAR UNION, HARIDWAR VS STATE OF UTTARAKHAND][State of Uttar Pradesh VS Dinesh Kumar Rouhila]
"Role of unions and representation" - Rule 40 amendments restricting federation representation require Labour Commissioner approval; constitutional challenge to such amendments has been rejected, preserving state control over representation in the interest of orderly dispute resolution. [DISTRICT LABOUR FEDERATION VS STATE OF UTTAR PRADESH][02500103407]
"Contract labour and industrial disputes" - In disputes involving contractor labour, courts have recognized the standing of workmen under Section 2(z) depending on the employer-employee nexus, often requiring direct employer-employee relationship proof; conciliation remains a tool to resolve such disputes. [Cotton and Woollen Textile Workers' Union, Kanpur VS Industrial Tribunal, Agra][001000679]
"Key takeaway" - Section 12, while primarily a conciliation mechanism, set the framework for expeditious dispute resolution; its proper use synchronizes with subsequent references under UPID Act to achieve settlements and, where necessary, adjudication with due process and fair wages/back wages. [MANAGMENT OF S. K. F. BEARINGS INDIA LTD. VS S. M. RAVI KUMAR][State of U. P. VS Ramesh Kumar]
"Note on citations" - The bullet points above synthesize core principles drawn from the provided sources, each with bracketed references to the relevant cases or summaries. Where a source did not explicitly address a point, that point has not been included. [See individual entries above]
[-For the removal of doubts it is hereby declared that nothing in this Act shall be deemed to preclude the Central Government from constituting a National Tribunal under the Industrial Disputes Act, 1947, for the time being in force or any such Tribunal from exercising any powers conferred upon it under that Act.]
Nothing in the Arbitration Act, 1940, shall apply to any proceedings under any other made under this Act.
Whoever contravenes any of the provisions of this Act or any rule or order made thereunder shall, if no other penalty is provided by or under the Act for such contravention, be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]
[. Any person who commits a breach of any terms 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 and where the breach is a continuing one, with further the 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 realised from him shall be paid by way of compensation, to any person who, in its opinion has been injured by such breach.]
Section 14(a) of the Uttar Pradesh Industrial Disputes Act, 1947, deals with penalties for breach of terms of binding settlements or awards under the Act. It aims to ensure compliance with the terms agreed upon or awarded in industrial disputes, fostering discipline and adherence to lawful agreements between employers and workmen.
Section 14(a) prescribes that any person who commits a breach of any term of any settlement or award, which is binding on him under the Act, shall be punishable with imprisonment for a term which may extend to three years or with fine, or both.
In summary, Section 14(a) of the Uttar Pradesh Industrial Disputes Act, 1947, is a vital penal provision ensuring lawful compliance with binding settlements and awards. Its broad scope, severe penalties, and enforcement mechanism serve as a deterrent against violations, thus fostering discipline and stability in industrial relations.
Note: This commentary synthesizes legal principles and relevant case references, emphasizing the statutory purpose, scope, and enforcement of penalties under Section 14(a).
(1) Any employer who closes down an undertaking in contravention of the provisions of S.3 or S.6-W shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(2) Any employer who contravenes a direction given under S.6-X shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction.]
Notwithstanding anything contained in the Second Schedule to the Code of Criminal Procedure, 1898, any police officer may arrest without warrant any person who is reasonable suspected of having committed, or of committing or of being about to commit a contravention of any rule or order made under this Act.
(1) No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by the District Magistrate or by a public servant other than a District Magistrate with the previous sanction in writing of the District Magistrate.
(2) No court inferior to that of a magistrate of the first class shall try any offence punishable under this Act.
Any rule or order made or deemed to be made under this Act shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or in any instrument having effect by virtue of any other enactment.
Any person who attempts to contravene or abets a contravention of any rule or order made or deemed to be made under this Act shall be deemed to have contravened that order.
(1) Save as otherwise expressly provided in an order made under this Act, every authority, officer or person who makes any order in writing in pursuance of this Act 1 Ins. by S. 13 of U.P. Act No. 1 of 1957. [other than an award] shall in the case of an order of a general nature or affecting a class of persons, publish notice of such order in such manner as may in the opinion of such authority, officer or person, be best adapted for informing persons whom the order concerns and in the case of an order affecting an individual corporation or firm serve or cause the order to be served in the manner provided for the service of a summons in Order XXIX, Rule 2, or Order XXX, Rule 3, of the Code of Civil Procedure, 1908 as the case may be, and in the case of an order affecting an individual person (not being a corporation or firm) serve or cause the order to be served on that person-
(i)
If the person contravening a rule or order made or deemed to be made under this Act is a company or other body corporate, every director, manager, secretary, or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.
(1) The provisions of S.6 of the United Provinces General Clauses Act, 1904, shall apply upon the expiry or withdrawal of the United Provinces Industrial Disputes Ordinance, 1947, and the United Provinces Industrial Disputes (Second) Ordinance, 1947, as if they had then been repealed by a 1 Subs. by the A.O. 1950 for "Provincial Government". [Uttar Pradesh) Act; and any order or appointment made or deemed to be made under the said Ordinances and in force immediately before the commencement of this Act shall continue in force and be deemed to be an order or appointment made under this Act.
(2) No order made in exercise of any power conferred by or under this Act or the said Ordinances shall be called in question in any court.
(3) When any order purports to have been made and signed by any authority in exercise of any power conferred by or
(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made or deemed to be made thereunder.
(2) No suit or legal proceedings shall lie against the 1 Subs. By the A.O. 1950, for "Crown".[Government] for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made or deemed to be made thereunder.
[(1)] The 1 Subs. by the A.O. 1950 for "Provincial Government".[State Government] may make rules consistent with this Act for giving effect to the provisions of this Act.
2 Added by Section 14 of U.P. Act No. 1 of 1957.[(2) Without prejudice to the generality of the foregoing power such rules may provide for-
(a) the manner of appointment of Presiding Officer of Labour Courts and Tribunals and the conditions of their employments;
(b) the manner in which reference shall be made to a Labour Court of a Tribunal;
(c) the manner of appointment of Conciliation Officers and the conditions of their employment;
(d) the procedure to be followed in conciliation proceedings;
&
[See Section 4-A]
(Matters within the jurisdiction of Labour Courts)
1. The propriety or legality of an order passed by an employer under the Standing Orders;
2. The application and interpretation of Standing Orders;
3. Discharge or dismissal of workman including reinstatement of, or grant of relief to, workmen wrongfully dismissed;
4. Withdrawal of any customary concession of privilege;
5. Illegality or otherwise of a strike or lock-out; and
6. All matters other than those specified in the Second Schedule.
[See Section 4-B]
(Matters within the jurisdiction of Industrial Tribunal)
1. Wages, including the period and mode of payment.
2. Compensatory and other allowances.
3. Hours of work and rest intervals.
4. Leave with wages and holiday.
5. Bonus, profits sharing, provident fund and gratuity.
6. Shift working otherwise than in accordance with standing orders.
7. Classification by grades.
8. Rules of discipline.
9. Rationalization.
10. Retrench
Legal Comments
"Scope of Section" - Section 2(K)/2(j) definitions and Section 6(N) and Rule 42 govern retrenchment procedures in UP ID Act; ensure compliance to avoid void ab initio retrenchment - [Principal Kanhaiya Lal Polytechnic VS Presiding Officer, Labour Court]
"Reinstatement after void retrenchment" - If 240 days or more in year and retrenchment void ab initio, employee entitled to reinstatement with full service benefits; burden on employer to prove validity - [Principal Kanhaiya Lal Polytechnic VS Presiding Officer, Labour Court]
"Industry concept" - Irrigation Department held as 'industry' for purpose of UP ID Act; expands coverage of disputes to include government departments performing industrial-like activity - [State of Uttar Pradesh VS Dinesh Kumar Rouhila]
"Workman status" - Section 2(z) (UP Act) clarified for employees like sugar cane inspectors; crucial for establishing jurisdiction and rights under the Act - [H. R. SUGAR FACTORY VS STATE OF UTTAR PRADESH]
"Jurisiction – cause of action vs termination place" - Jurisdiction lies where cause of action arises; termination in Karnataka can fall outside UP Tribunal’s remit despite service of order where termination occurred - [Vinod Kumar Singh VS State of U. P. ]
"Section 6-A/Ordinance 1953 validation issues" - Time enlargement for awards (S.6-A) and corresponding Ordinance (S.3) clarified; awards beyond original/enlarged period may be invalid unless properly validated - [STATE OF UTTAR PRADESH VS SWADESHI COTTON MILLS COMPANY LIMITED], [State Of U. P. VS Swadeshi Cotton Mills Company LTD. : Kamalapat Motilal Sugar Mills]
"Transfer/withdrawal of proceedings" - State power under S.6G to transfer/withdraw proceedings, but order must record reasons; natural justice considerations depend on case facts - [02500064225]
"Representation of parties" - Rule 40 (UP Rules) and Section 61 provide who may represent before tribunals; federation approvals required; impact on federation rights to appear - [DISTRICT LABOUR FEDERATION VS STATE OF UTTAR PRADESH]
"Model Standing Orders vs UP Act" - Model Standing Orders permissible where not conflicting with Act; some provisions (age of retirement, lay-off compensation, outside appeals) struck down as invalid to protect employee rights - [State Of U. P. VS Swadeshi Cotton Mills Company LTD. : Kamalapat Motilal Sugar Mills], [Agra Electric Supply Company LTD. VS Labour Court, Meerut]
"Section 33C(2) and working journalists" - Labour Court authorized under 33C(2) can entertain applications by working journalists; no separate authorization needed under Working Journalists Act - [Pioneer Ltd. VS Labour Court]
"Section 11C scope" - Section 11C (standing orders) limited to interpretation of standing orders; not a general adjudication provision for industrial disputes - [LORD KRISHNA SUGAR MILLS, LTD. VS LABOUR COURT]
"Section 25‑N applicability in UP/UT similar acts" - Central Act 25N applicability in UP/Uttarakhand; retrenchment without permission deemed illegal under 25N; intertwined with 6N analysis - [Narendra Kumar Tyagi VS State of Uttarakhand], [State of Uttar Pradesh VS Dinesh Kumar Rouhila]
"Post-termination back wages" - Courts have varied approaches; some awards grant back wages and reinstatement from date of termination, others cap or conditionally grant back wages depending on gainful employment proof - [India Yamaha Motor Pvt. Ltd. VS Dharam Singh], [State of U. P. VS Ramesh Kumar]
"Termination of outsourced/contract workers" - Outsourcing disputes require careful analysis of employer-employee relationship; direct employment or contract agency relationships affect entitlement to standing and relief - [Om Veer VS State Of Uttar Pradesh], [State of Uttarakhand VS Krishan Pal]
"Education institutions not industry" - West Bengal educational institutions not covered as industries; Board framework governs disputes; industrial disputes Act not applicable to school staff disputes - [Satya Narayan Tantia VS STATE OF WEST BENGAL]
"Cooperative societies vs UP ID Act" - Jurisdictional overlap where cooperatives operate; Supreme Court recognizes cooperative sector rules can override general UP ID Act in certain contexts - [HATOD DUGDHA UTPADAK SAHAKARI SANSTHA MARYADIT VS GAJANAND BHALCHANDRA DUBE]
"Appropriate Government in 'controlled industries' (Central vs State)" - For controlled industries under 1951 Act, Central Government may be appropriate; in UP, specifics depend on notifications; state reference may be valid if not designated as controlled by Central Government - [UPPER DOAB SUGAR MILLS LTD. VS STATE OF UTTAR PRADESH]
"Consequences of non-compliance with Section 6(N)" - Non-compliance with 6(N)/Rule 42 renders retrenchment void ab initio; reinstatement with full back wages and benefits directed - [Principal Kanhaiya Lal Polytechnic VS Presiding Officer, Labour Court], [State of U. P. VS Ramesh Kumar]
"250+ days rule and industry determination" - 240 days threshold essential to classify termination as retrenchment; establishment’s status as industry broadens scope of coverage - [State of U. P. VS Ramesh Kumar], [Principal Kanhaiya Lal Polytechnic VS Presiding Officer, Labour Court]
"Public servant as workman in industry" - Public servants can be treated as workmen if employed in an industry under UP ID Act; 2(j)/2(k) interpretations important for jurisdiction - [KRISHI UTPADAN MANDI SAMITI VS INDUSTRIAL TRIBUNAL (II)]
"Delay and reference validity" - Courts tolerate some delay in reference if substantively justified, but other cases emphasize timely pursuit and consideration of continuous service proof - [02500104748], [State of Uttarakhand VS Krishan Pal]
"Remand to tribunal for law-compliant decision" - If initial award or order is flawed due to misapplication of statutory provisions, remand to Tribunal may be appropriate to ensure compliance with UP ID Act and Rules - [UPPER DOAB SUGAR MILLS LTD. VS STATE OF UTTAR PRADESH], [025000752? not in list]
"Consolidated takeaway" - UP ID Act Section 6-N, 6(E), 6(F), Rule 42, 4-K, 33C(2) and allied provisions collectively govern retrenchment, termination, representation, and dispute adjudication; correct application is case-specific and fact-intensive, often turning on (i) whether industry status exists, (ii) whether 240 days rule is satisfied, (iii) whether proper referential jurisdictions were invoked, (iv) whether government approvals/central vs state appropriations apply, and (v) whether due process and natural justice were observed - [multiple sources above].
[See Section 4-I]
(Conditions of service for change of which notice is to be given)
1. Wages, including the period and mode of payment.
2. 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 in force.
3. Compensatory and other allowances.
4. Hours of work and rest intervals.
5. Leave with wages and holidays.
6. Starting, alteration or discontinuance of shift working otherwise than in accordance with standing orders.
7. Classification by grades.
&nbs
Legal Comments
"Introduction" - Jurisdiction basics: Uttar Pradesh Industrial Disputes Act, 1947 and allied rules govern industrial disputes in UP; jurisdiction often hinges on where the cause of action or industry is located, and may involve central vs state government for referencings under S.10 and related provisions [Source: "Vinod Kumar Singh VS State of U. P. "].
"What Section Says" - Section 3 (general reference power) and Section 4-K references: State Government can refer disputes to the Industrial Tribunal/Labour Court; Central Government references under the broader framework may apply when industries are central or specific categories; Section 33C/33B transfers and 6G withdrawals illustrate transfer and referral mechanics (various citations show scope and limits) [Sources: "E. SEFTON AND CO. , MIRZAPUR VS TEXTILE MILL MAZDOOR UNION", "NATIONAL TEXTILE CORPORATION U P LIMITED VS STATE OF U P ", "Pioneer Ltd. VS Labour Court"].
"Essential ingredients" - Existence of an industrial dispute; proper reference by the competent authority; issue of whether the industry is within the Act’s scope; compliance with 240-day rule (Sec. 6-N) for retrenchment cases; validity of awards/submissions within time extension under Sec. 6-A and Ordinance 1953; representation rules under Sec. 61 and Rule 40 for federations [Sources: "State of Uttar Pradesh VS Dinesh Kumar Rouhila", "State Of U. P. VS Swadeshi Cotton Mills Company LTD. : Kamalapat Motilal Sugar Mills", "KAILASH MOTORS VS PRESIDING OFFICER, LABOUR COURT (I)", "KRISHI UTPADAN MANDI SAMITI VS INDUSTRIAL TRIBUNAL (II)"].
"Scope of Section" - Section 6-N retrenchment provisions apply to termination with 240 days criteria; Section 3/4-K relate to references; Section 33C(2) covers working journalists; Section 11C standing orders limited in scope; Model standing orders under 1946 Act may be curtailed by UP/central rules; international precedence on appropriate government (central vs state) depends on industry control and special laws [Sources: "State of Uttar Pradesh VS Dinesh Kumar Rouhila", "Ainulhaque VS State of U. P. , Managing Director, U. P. State Sugar Corporation Ltd. ", "State Of U. P. VS Swadeshi Cotton Mills Company LTD. : Kamalapat Motilal Sugar Mills", "Triveni Engineering Industries Ltd. VS Deputy Labour Commissioner Saharanpur", "National Building Construction Corporation Ltd. VS Ram Pal Singh and another", "Seth Radhakisan Ramnath VS Ramji Langadu"].
"Punishment for Section" - In UP context, ‘punishment’ per se is not always explicit; penalties/cessation include quashing improper orders, staying implementation of awards, or criminal consequences for violations of statutory orders (e.g., Section 22 protected good faith actions; invalid transfers or unauthorized dismissals may attract writs and penalties to authorities) [Sources: "ATHALYE (D. G. ) (UPPER GANGES VALLEY ELECTRICITY SUPPLY CO. , LTD. ) VS STATE OF UTTAR PRADESH", "Pioneer Ltd. VS Labour Court", "Vinod Kumar Singh VS State of U. P. "].
"Commentary - Jurisdictional principle" - Jurisdiction lies where the cause of action arises; mere service of termination elsewhere does not confer UP tribunal jurisdiction if termination occurred in another state; multiple judgments emphasize cause of action locality as controlling factor [Source: "Vinod Kumar Singh VS State of U. P. "].
"Commentary - Time extensions and validity of awards" - Section 6-A and Ordinance 1953 clarify enlargement and validation of time for submissions; awards beyond original/enlarged periods may be invalid unless validated by the Ordinance; interplay with pending proceedings is crucial [Sources: "State Of U. P. VS Swadeshi Cotton Mills Company LTD. : Kamalapat Motilal Sugar Mills", "STATE OF UTTAR PRADESH VS SWADESHI COTTON MILLS COMPANY LIMITED"].
"Commentary - Industry status and eligibility of workers" - Whether a body/department is an 'industry' for purposes of UP Act is fact-intensive; courts have held irrigation departments, Krishi Utpadan Mandi, and other bodies as industries for particular disputes; central vs UP Act applicability interacts with 23-A vs 6-N precedence [Sources: "KRISHI UTPADAN MANDI SAMITI VS INDUSTRIAL TRIBUNAL (II)", "UTTAR PRADESH STATE ELECTRICITY BOARD VS CITY MAGISTRATE"].
"Commentary - Representation before tribunals" - Rule 40 UP Rules: federations require Labour Commissioner approval to represent; amendments upheld as valid if within Section 61’s ambit; federation status may be limited; representation is not absolute and can be restricted [Sources: "DISTRICT LABOUR FEDERATION VS STATE OF UTTAR PRADESH", "Vinod Kumar Singh VS State of U. P. "].
"Commentary - Standing orders and certification" - Model standing orders permissible only for matters not covered by the Act; adjustments to schedules for conditions of employment can be valid; retirement age provisions in standing orders may be invalid if not accompanied by retirement benefits; appeals to outside authorities and finality provisions may be invalid [Sources: "State Of U. P. VS Swadeshi Cotton Mills Company LTD. : Kamalapat Motilal Sugar Mills"].
"Commentary - Termination/ retrenchment criteria" - Section 6-N requires 240 days work in year; reversal of retrenchment or reinstatement with back wages may be ordered where retrenchment is void ab initio; burden on employer to prove compliance; muster-roll terms and definition of workman impact outcomes [Sources: "STATE OF UTTARAKHAND VS HUKUM SINGH", "Principal Kanhaiya Lal Polytechnic VS Presiding Officer, Labour Court"].
"Commentary - Industry-specific exemptions or applicability" - Educational institutions and other sectors may be exempt; where education is not an industry under the Act, disputes fall outside; when in doubt, refer to applicable board acts (e.g., Board of Secondary Education Act) and cross-application with Industrial Disputes Act [Sources: "Satya Narayan Tantia VS STATE OF WEST BENGAL"].
"Commentary - Transfer/withdrawal of proceedings" - Section 6G permits withdrawal/transfer of proceedings with written reasons; natural justice requires consideration, especially if transfer occurs after trial has begun; improper transfer may be quashed [Source: "Hindustan Lever, Ltd. VS Government Of Uttar Pradesh"].
"Commentary - Writ jurisdiction limits" - High Courts will exercise Article 226/227 to maintain statutory compliance but will screen premature petitions where disputes are not ripe; industrial disputes require demonstration of a live dispute or clear referable matter [Sources: "UNITED CHINI MILL MAZDOOR FEDERATION VS STATE OF UTTAR PRADESH", "KAILASH MOTORS VS PRESIDING OFFICER, LABOUR COURT (I)"].
"Legal principle - Central vs State Government as appropriate authority" - Depending on ownership/control of industry (central government control or state) and nature of the enterprise, the appropriate government for reference may be central or state; consequences: jurisdiction and validity of references and awards hinge on this determination [Sources: "00400041010" (SICK TEXTILE), "02600010243", "Vinod Kumar Singh VS State of U. P. "].
"Legal principle - Standing orders vs. adjudication" - Section 11C has narrow scope related to standing orders; it does not extend to adjudication of industrial disputes; separate mechanisms exist under Sections 4K and 6 for adjudication [Sources: "LORD KRISHNA SUGAR MILLS, LTD. VS LABOUR COURT"].
"Legal principle - Emergencies and Section 3(b)" - Section 3(b) of UP Act authorizes emergency orders to secure public safety or essential services; it is not a general provision replacing ordinary dispute resolution; special status is recognized in cases like Board vs. UP Electricity Board where balancing central regulations with emergency orders is nuanced [Sources: "00900013933", "UTTAR PRADESH STATE ELECTRICITY BOARD VS CITY MAGISTRATE"].
"Commentary - Remedies and relief scope" - Courts emphasize timely adjudication, back wages, reinstatement, and service benefits; where delay or improper process occurs, courts may remand or quash to ensure compliance with statute and due process [Sources: various including "STATE OF UTTARAKHAND VS HUKUM SINGH", "Principal Kanhaiya Lal Polytechnic VS Presiding Officer, Labour Court"].
"Source notes" - Key references include: JURISDICTION - INDUSTRIAL DISPUTE (Vinod Kumar Singh VS State of U. P. ); UP retrenchment and 6(N) cases (Principal Kanhaiya Lal Polytechnic VS Presiding Officer, Labour Court, STATE OF UTTARAKHAND VS HUKUM SINGH); representation and Rule 40 (DISTRICT LABOUR FEDERATION VS STATE OF UTTAR PRADESH); time enlargement 6-A (State Of U. P. VS Swadeshi Cotton Mills Company LTD. : Kamalapat Motilal Sugar Mills, STATE OF UTTAR PRADESH VS SWADESHI COTTON MILLS COMPANY LIMITED); standing orders and Model Orders (State Of U. P. VS Swadeshi Cotton Mills Company LTD. : Kamalapat Motilal Sugar Mills); industry status (KRISHI UTPADAN MANDI SAMITI VS INDUSTRIAL TRIBUNAL (II)); transfer/withdrawal (Hindustan Lever, Ltd. VS Government Of Uttar Pradesh); education/non-industry (Satya Narayan Tantia VS STATE OF WEST BENGAL); wages and 6H certificates (REGIONAL CONCILIATION OFFICER VS KAYS CONSTRUCTION COMPANY (PRIVATE) LTD. ). [Source citations above correspond to listed sources].
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