GUJARAT INDUSTRIAL RELATIONS ACT, 1946
This Act may be called the 1[Gujarat] Industrial Relations Act, 1946.
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1. Substituted by the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the following : - "Bombay"
1[(1) This Act extends to the whole of the State of Gujarat]
2[(2) (a)] It shall come into force on such date as the3[State] Government may by notification in the Official Gazette, specify.
2[(b) In those areas4of the State of Gujarat to which it is extended by the Bombay Industrial Relations (Gujarat Extension and Amendment) Act, 1961 [Guj. XX of 1961], it shall come into force on such other date as the State Government may by notification in the Official Gazette, specify.]
(3) In the areas in which the Bombay Industrial Disputes Act, 1938, [Bom. XXV of 1938],was in force immediately before the commencement of this Act, this Act shall apply to the industries to which the said Act applied :
5[Provided that this Act shall cease to apply with effect f
Section 2 of the Gujarat Industrial Relations Act, 1946 (GIR Act) serves as the foundational definition section. While it does not lay down substantive rules for adjudication directly, it defines the scope of the Act by delineating "local areas," "industries," and "workmen" eligible for the Act's protection. Crucially, this section grants the State Government the exclusive power to notify specific industries and local areas where the Act becomes applicable. The commentary below analyzes the judicial interpretation of these definitions based on the provided sources.
Section 2 establishes the mechanism for bringing specific industries and regions under the Act's purview.- Local Areas: It empowers the State Government to notify any local area as a "local area" for the purposes of the Act, often done on a district, city, or special industry basis (e.g., banking, sugar).- Extension to Industries: It provides the authority to apply the Act to specific industries (e.g., co-operative societies, textile mills) via notification.- Definitions: It incorporates definitions from the Indian Industrial Disputes Act, 1947, where applicable, to define terms like "workman" and "employer" for industries not explicitly defined within the GIR Act itself, ensuring a broad interpretation of covered personnel.
Based on judicial analysis, the following are essential for the Section 2 framework:1. Government Notification: Applicability is not automatic upon the Act's passage; it requires a specific notification by the State Government pursuant to Section 2(4) or similar provisions linking the Central Act to State provisions.2. Territorial Jurisdiction: The Act applies only within the notified "local area." Disputes arising outside this perimeter fall outside the Labour Court's jurisdiction under the GIR Act.3. Industry Specification: The Act applies only to industries specifically notified under the section. A generic assumption of applicability is rejected by courts; specific notification is the hallmark of Section 2 application.4. Definitional Alignment: The definition of "workman" often aligns with the Industrial Disputes Act, 1947, but excludes categories like managers, supervisors, or clerical staff (depending on the specific industry notification) to focus on operative workforces.5. Non-Retroactivity: While definitions carry their own history, the power to notify under Section 2 implies forward-looking applicability unless specifically saved for pending proceedings under old laws (which requires strict adherence to saving clauses).
The scope of Section 2 is expansive where notified, but precise in its limitations:- Co-operative Societies: Courts have held that banking units running as Co-operative Societies are covered under Section 2 notifications if they fall under the scope of "business of banking" as defined in relevant acts (Gujarat Co-operative Societies Act), making them subject to GIR Act provisions for industrial disputes [Source: SAHAKARI BANK KARMACHARI UNION VS ASSISTANT REGISTRAR OF UNIONS].- Exclusion of Specific Bodies: Certain bodies, such as Electricity Boards or Air India, have been held not to be covered under Section 2 notifications if they fall under specific Central Acts or special state electricity acts that define their own industrial machinery, rendering GIR Act notifications inapplicable [Sources: A. P. State Electricity Board VS A. P. State Electricity Board, AIR INDIA VS UNION OF INDIA].- Consolidation vs. Fragmentation: The definition of "industry" under Section 2 implies the industry as a whole. Courts reject the notion that every branch of a bank is a separate industry for the purpose of calculating "protected employees" [Source: PUNE DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED VS BANK KARMACHARI SANGH].- Seasonal Industries: The scope extends to determining if notified establishments are "seasonal." If a sugar society is notified under Section 2, the subsequent question of seasonal operation triggers other sections (like ID Act 25-A), but the GIR Act's applicability to the industry remains [Sources: Saurashtra Majoor Mahajan Sangh VS UNION OF INDIA, Bileshwar Khan Udyog Khedut Shahakari Mandali LTD. VS Khand Udyog Kamdar Mandal, Kodinar].- Relation to Special Laws: Section 2 applications yield to "special legislation" (e.g., Beedi and Cigar Workers Act, Electricity Supply Act). If a specific industry covered under Section 2 notification has a dedicated Central Act governing conditions, the special Act prevails, rendering the GIR Act inapplicable to that specific workforce [Sources: CHANDRASHEKHAR KESHAORAO INGLE VS CHHOTABHAI JETHABHAI PATEL & Co. , Gondia, GOTETI UMAMAHESHWARA PRASAM VS ANDHRA PRADESH STATE ELECTRICITY BOARD].
Section 2 itself contains no punitive provisions. However, the failure to comply with the obligations triggered by Section 2 (such as providing standing orders after an industry is notified) attracts punishment under other sections of the Act:- Contravention of Standing Orders: If an industry notified under Section 2 fails to maintain certified standing orders, the employer faces imprisonment up to three months or fines under Section 47/106 of the GIR Act [Source: ].- Jurisdictional Validity: While violating Section 2 does not attract a specific penalty in the offence section, acting in an industry deemed outside the Section 2 notification while claiming GIR Act protection can lead to proceedings for practicing without jurisdiction. Conversely, acting under a notification that was deemed void (e.g., ultra vires) leads to the quashing of orders rather than penalization of the employee [Source: Suryaprakash Weaving Factory VS The Industrial Court].
The following points summarize legal insights from the provided sources regarding Section 2 and its interplay with the Act:
In this Act unless there is anything repugnant in the subject or context--
(1) "approved list" means the list of approved unions maintained by the Registrar under section 12;
(2) "approved union" means a union on the approved list;
(3) "arbitration proceeding" means--
(i) any proceeding under this Act before an arbitrator,
(ii) any proceeding before a Labour Court, 1 [a Wage Board] or the Industrial Court in arbitration;
(4) "arbitrator" means an arbitrator to whom a dispute is referred for arbitration under the provisions of this Act and includes an umpire;
(5) "association of employer" means any combination of empl
In this Act unless there is anything repugnant in the subject or context--
(1) "approved list" means the list of approved unions maintained by the Registrar under section 12;
(2) "approved union" means a union on the approved list;
(3) "arbitration proceeding" means--
(i) any proceeding under this Act before an arbitrator,
(ii) any proceeding before a Labour Court, 1 [a Wage Board] or the Industrial Court in arbitration;
(4) "arbitrator" means an arbitrator to whom a dispute is referred for arbitration under the provisions of this Act and includes an umpire;
(5) "association of employer" means any combination of empl
(1) The1[State] Government shall, by notification in the Official Gazette, appoint a person to be Commissioner of Labour.
(2) The1[State] Government may, by general or special order notified in the Official Gazette, confer and impose all or any of the powers and duties of the Commissioner of Labour on any person whether generally or for any local area.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws order, 1950.
(1) The1[State] Government shall, by notification in the Official Gazette, appoint a person to be the Registrar of Unions for the whole2[State of Gujarat].
(2) The1[State] Government may, by similar notification, appoint a person to be the Assistant Registrar of Unions for any local area and may, by general or special order, confer on such person all or any of the powers of the Registrar of Unions under this Act.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws order, 1950.
2. These words were substituted for the words "Bombay area of the State of Gujarat" by Guj. 20 of 1961, section 4.
(1) The1[State] Government shall, appoint a person to be the Chief Conciliator. His jurisdiction shall extend throughout the2[State of Gujarat].
(2) The1[State] Government may, by notification in the Official Gazette, appoint any person to be a Conciliator for any industry in a local area specified in the notification.
(3) The1[State] Government may, by notification in the Official Gazette, appoint any person to be a Special Conciliator for such local area or for such industry for such local area or for such industrial dispute or class of disputes as may be specified in the notification.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws order, 1950.
(1) When an industrial dispute arises the1[State] Government may, by notification in the Official Gazette constitute a Board of Conciliation for promoting the settlement of such dispute.
(2) The Board shall consist of a Chairman who shall be an independent person and an even number of members. Every member shall be either an independent person or a person chosen by the1[State] Government from a panel representing the interests of the employers or employees, provided that the number of persons chosen from panels representing employers and the number chosen from panels representing employees shall be equal. Such panels shall be constituted in the manner prescribed.
(3) If any vacancy occurs in the office of the Chairman or a member of the Board before the Board has completed its work, such vacancy shall be filled in the menner prescribed a
(1) The1[State] Government may, by notification in the Official Gazette, appoint, Labour Officers for any local area or areas.
(2) The1[State] Government may, by similar notification, appoint Assistant Labour Officers, for any local area or areas, and may by general or special order confer on them all or any of the powers of the Labour Officer under this Act.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws order, 1950.
1[(1)] The2[State] Government shall, by notification in the Official Gazette, constitute one or more Labour Courts having jurisdiction in such local areas as may be specified in such notification and shall appoint persons having3[the qualifications specified in sub-section (2) to preside over such Courts].
4[(2) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court unless,--
(a) he has practised as an advocate or a pleader for not less than three years in the High Court or any court subordinate thereto, or in any Labour Court, Industrial Court or Tribunal established in the State under this Act or the Industrial Disputes Act, 1947,[XIV of 1947] or any law corresponding to any such Act, for the time being in force in the State; or
(b) he has regularly appear
(1) The1[State] Government shall constitute a Court of Industrial Arbitration.
(2) The Industrial Court shall consist of three or more members, one of whom shall be its President.
(3) Every member of the Industrial Court shall be a person2[who is not connected with the Industrial dispute referred to such court or with any industry directly affected by such dispute :
Provided that no person shall be deemed to be connected with the industrial dispute or with the industry by reason only of the fact that he is a share-holder of an incorporated company which is connected with, or likely to be affected by such industrial dispute; but in such a case, he shall disclose to the State Government the nature and extent of the shares held by him in such company].
(1) The1[State] Government shall constitute a Court of Industrial Arbitration.
(2) The Industrial Court shall consist of three or more members, one of whom shall be its President.
(3) Every member of the Industrial Court shall be a person2[who is not connected with the Industrial dispute referred to such court or with any industry directly affected by such dispute :
Provided that no person shall be deemed to be connected with the industrial dispute or with the industry by reason only of the fact that he is a share-holder of an incorporated company which is connected with, or likely to be affected by such industrial dispute; but in such a case, he shall disclose to the State Government the nature and extent of the shares held by him in such company].
The Registrar may after making such inquiry as he deems fit, recognise for the purposes of this Act-
(1) any concern in an industry to be an undertaking;
(2) any section of an undertaking to be an occupation.
It shall be the duty of the Registrar to maintain in such forms as may be prescribed-
(a) registers of unions registered by him under the provisions of this Act, and
(b) a list of approved unions.
(1) Any union which has for the whole of the period of1[three calendar months immediately preceding the calendar month in which it so applies] under this section a membership of2[not less than twenty-five per cent] of the total number of employees employed in any industry in any local area may apply in the prescribed from to the Registrar for registration as a Representative Union for such industry in such local area.
(2) If in any local area no Representative Union has been registered in respect of an industry a Union which has for the whole of the period of1[three calender months immediately preceding the calender month in which it so applies] under this section a membership of not less than five percent of the total number of employees employed in such industry in the said area may apply in the prescribed form to the Registrar for registration as a Qualified Union for such indus
On receipt of an application from a union for registration under section 13 and on payment of the fee prescribed, the Registrar, shall, if after holding such inquiry as he deems fit he comes to the conclusion that the conditions requisite for registration specified in the said section are satisfied and that the union is not otherwise disqualified for registration, enter the name of the union in the appropriate register maintained under section 12 and issue a certificate of registration in such from as may be prescribed :
Provided--
Firstly, that in any local area there shall not at any time be more than one registered union in respect of the same industry :
Secondly, that in any local area the Registrar shall in respect of an industry register a union fulfilling the conditions necessary for re
The Registrar shall cancel the registration of a union-
(a) if the Industrial Court directs that the registration of the such union shall be cancelled;
(b) if1[after giving notice to such union to show cause why its registration should not be cancelled and] after holding such inquiry, if any, as he deems fit, he is satisfied-
(i) that it was registered under mistake, misrepresentation or fraud; or
(ii) that the membership, of the union has for a continuous period of three2[calendar months] fallan below the minimum required under section 13 of its registration :
Provided that where a strike or a closure not being an illegal strike or closure under this Act in an industry involving more than a third of the
(1) If at any time any union (hereinafter in this section referred to as "applicant union") makes an application to the Registrar for being registered in place of the union already registered (hereinafter in this section referred to as "registered union") for an industry, in a local area, on the ground that it has a larger membership of employees employed in such industry the Registrar shall1[if a period of two years has elapsed since the date of registration of the Registered union,] call upon the registered union by a notice in writing to show cause within2[thirty days] of the receipt of such notice why the applicant union should not be registered in its place. An application made under this sub-section shall be accompanied by such fee as may be prescribed :
3[Provided that the Registrar shall not entertain any application for registration of a union, unless a period of one year
(1) Any union the registration of which has been cancelled on the ground that it was registered under a mistake or on the ground specified in sub-clause (ii) of clause (b) of section 15 may, at any time after three months from the date of such cancellation and on payment of such fees as may be prescribed, apply for re-registration. The provisions of sections 13 and 14 shall apply in respect of such application.
(2) A union the registration of which has been cancelled on any other ground shall not, save with the permission of the1[State] Government, be entitled to apply for re-registration.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Notwithstanding anything contained in any law for the time being in force, the cancellation of the registration of a union shall not relieve the union or any member thereof from any penalty or liability incurred under this Act prior to such cancellation.
Every registered union shall submit to the Registrar on such dates and in such manner as may be prescribed, periodical returns of its membership.
20. Appeal to Industrial Court from order of Registrar1[* * * *]
(1) any party to a proceeding before the Registrar may within 30 days from the date of an order passed by the Registrar under this Chapter, appeal against such order to the Industrial Court :
Provided that the Industrial Court may for sufficient reason admit any appeal made after the expiry of such period.
(2) The Industrial Court may admit an appeal under sub-section (1) if on a perusal of the memorandum of appeal and the decision appealed against it finds that the decision is contrary to law or otherwise erroneous.
(3) The Industrial Court in appeal may confirm, modify or rescind any order passed by the Registrar and may pass such consequential orders as it may deem fit. A copy of th
Every order passed under section 14, 15 or 16 and every order passed in appeal under section 20 shall be published in the prescribed manner.
Subject to the foregoing provisions of this Chapter, a union may in the prescribed manner be registered for an industry for more local areas than one.
Subject to the foregoing provisions of this Chapter, a union may in the prescribed manner be registered for an industry for more local areas than one.
(1) On an application being made in the prescribed form, by a union for being entered in the approved list, the Registrar may after holding such inquiry as he deems fit enter the union in such list if he is satisfied that the union has made rules that the provisions of the said rules are being duly observed by the unions, and that the rules provide, that-
(i) its membership subscription shall be not less than1[fifty paise] per month;
(ii) its executive committee shall meet at intervals of not more than three months;
(iii) all resolutions passed, whether by the executive committee or the general body of the union, shall be recorded in a minute book kept for the purpose ;
(iv) an auditor appointed by Government may audit its accounts at least once in
1[23A. Approved union to continue to be so for altered local area for some time
Notwithstanding anything contained in section 23, if there is any alteration in the local area or areas,-
(a) an approved union in an industry in the altered local area or areas, or
(b) where two or more approved unions exist in an industry in the altered local area or areas the union having the largest membership, whether by agreement of the other approved union or as determined by the Registrar after such inquiry as he deems fit,
2[shall continue to have all the rights and privileges of an approved union in respect of its members] for the altered local area or areas, as the case may be for a period of twelve months from the date on which such alteration is effected, or
The Registrar shall remove a union from the approved list if its registration under the Indian Trade Unions Act, 1926 [XVI of 1926], is cancelled, and may also so remove a union if after holding such inquiry if any as he deems fit, he is satisfied that it-
(i) was entered in the list under mistake, misrepresentation or fraud, or
(ii) has, since being included in the approved list, failed to observe the conditions specified in section 23,1[or]
2[(iii) as instigated, added or assisted the commencement or continuance of a strike or a stoppage which has been held or declared to be illegal].
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1. This word was added at the end of s. 24(ii), Guj. 8 of 1962, s. 8.
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1[24A. Appeal Industrial Court from order of Registrar
(1) Any party to a proceeding before the Registrar, may, within 30 days from the date of an order passed by the Registrar under this Chapter, appeal against such order to the Industrial Court :
Provided that, the Industrial Court may for sufficient reason admit any appeal made after the expiry of such period.
(2) The provisions of sub-sections (2) and (3) of section 20 shall apply mutatis mutandis to an appeal under this section.]
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1. Section 24A was inserted, Guj. 8 of 1962, s. 9.
1[Such officers,2[members of the office staff] and members of a an approved union as may be authorised by or under rules made in this behalf by the3[State] Government shall, in such manner and subject to such conditions as may be prescribed, have a right, and shall be permitted by the employer concerned-
(a) to collect sums payable by members to the union on the premises where wages are paid to them;
(b) to put up or cause to be put up a notice board on the premises of the undertaking in which its members are employed and affix or cause to be affixed notices thereon;
(c) for the purpose of the prevention or settlement of an industrial dispute-
(i) to hold discussions of the premises on the undertaking with the employees concerned who are the members
(1) An approved union entitled to appear-
(a) before a Labour Court in a proceeding for determining whether a strike, lockout,1[closure, stoppage] or change is illegal, or
(b) before the industrial Court in a proceeding involving in the opinion of the Court an important question of law or fact,
may apply to the Court for the grant of legal aid at the expense of the2[State] Government.
(2) A copy of every application made under sub-section (1) shall be sent to the Registrar with the least practicable delay.
(3) The Court to which an application is made under sub-section (1) may fix for the hearing of the application a day of which at least three days' clear notice shall be given to the Registrar.
(1) An approved union entitled to appear-
(a) before a Labour Court in a proceeding for determining whether a strike, lockout,1[closure, stoppage] or change is illegal, or
(b) before the industrial Court in a proceeding involving in the opinion of the Court an important question of law or fact,
may apply to the Court for the grant of legal aid at the expense of the2[State] Government.
(2) A copy of every application made under sub-section (1) shall be sent to the Registrar with the least practicable delay.
(3) The Court to which an application is made under sub-section (1) may fix for the hearing of the application a day of which at least three days' clear notice shall be given to the Registrar.
(1) The1[State] Government may from time to time by notification in the Official Gazette-
(a) recognise any combination of employers in an industry2[in any local area] whether incorporated or not as an association of employers for the purposes of this Act, provided that one of the objects of such combination is the regulation of conditions of employment in the industry3[in that local area];
(b) withdraw any recognition granted under clause(a):
Provided that no recognition shall be withdrawn unless an opportunity has been given to such association of employers to be heard.
(2) In any proceeding under this Act an association of employers shall be entitled to represent-
(a) any employer who is a member of th
1[27A. Appearance on behalf of employees
Save as provided in2[sections 32, 33 and 33A] no employee shall be allowed to appear or act in any proceeding under this Act except through the representative of employees.]
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1. Section 27A was inserted by Bom. 55 of 1949, s. 4.
2. These words and figures were substituted for the words and figures "sections 32 and 33" by Guj. 20 of 1972, s. 2.
1[27B. Continuance of recognition of association of employers for altered local area
Notwithstanding anything contained in this Act, on any alteration in any local area or areas any association of employers, recognised under sub-section (1) of section 27 for the local area or areas immediately before such alteration, shall be entitled to represent the employers in accordance with the provisions of sub-section (2) of that section in the altered local area or areas, as the case may be, for a period of twelve months from the date on which such alteration is effected.]
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1. Section 27B was inserted by Guj. 8 of 1962, s. 12.
(1) Where there is no Representative Union in respect of any industry in any local area, the employees in each undertaking in the industry and in each occupation therein, may, in the prescribed manner, elect five persons from among themselves to represent them for the purposes of this Act :
Provided that no such persons shall be elected for any occupation the number of employees in which does not exceed ten.
(2) The persons, if any, elected under sub-section (1) shall function in such manner as may be prescribed.
(3) Within1[two years] from the date on which an election under sub-section (1) is held, and within each succeeding1[two years] thereafter, a fresh election shall be held :
Provided that any person may be re-elected at any such election.
Any act or decision of the majority of the persons elected under section 28 by any employees shall be deemed to be the act or decisions of all the persons so elected by them.
1[Subject to the provisions of section 33A, the following shall be entitled to appear or act] in the order of preference specified as the representative of employees in an industry in any local area-
(i) a Representative Union for such industry;
(ii) Qualified or Primary Union of which the majority of employees directly affected the change concerned are members;
(iii) any Qualified or Primary Union in respect of such industry authorised in the prescribed manner in that behalf by the employees concerned;
(iv) the Labour Officer if authorised by the employees concerned;
(v) the persons elected by the employees in accordance with provisions of section 28 or where the proviso to sub-section (1) thereof applie
1[31. Registered or representative union to continue to be so for altered local area for some time
Notwithstanding anything contained in this Act, if there is any alteration in any local area or areas notified for the purposes of this Act,-
(a) a registered or representative union entitled under this Act to appear or act as a representative of employees in an industry immediately before the alteration in the local area or areas concerned, or
(b) where more than one registered or representative union are entitled to appear or act as representative of employees in an industry under this section the union having the largest membership of employees employed in the industry, whether by agreement of the other registered or representative unions or as determined by the Registrar after such inquiry as
1[32. Persons who may appear in proceedings
A Conciliator, a Board, an Arbitrator, a Wage Board, a Labour Court and the Industrial Court may, if he or it considers it expedient for the ends of justice, permit an individual, whether an employee or not, to appear in any proceeding before him or it :
2[Provided that subject to the provisions of section 33A] no such individual shall be permitted to appear in any proceeding3[(not being a proceeding before a Labour Court or the Industrial Court in which the legality or propriety of an order of dismissal, discharge, removal)], retrenchment, termination of service or suspension of an employee is under consideration in which a Representative Union has appeared as the representative of employees.
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33.1 [Appearance for] employees
Notwithstanding anything contained in any other provision of this Act, an employee2 [or a representative union] shall be entitled to appear through any person,
(a) in all proceeding before the Industrial Court;
3 [(aa) in all proceeding before a Wage Board;]
(b) in proceedings before a Labour Court for deciding whether a strike, lock-out,4 [closure or stoppage] or change or an order passed by an employer under the standing orders is illegal5 [6 [ * * * * *] ];
(c) in such other proceedings as the Industrial Court may, on application made in that behalf, permit :
Provided that a legal practitioner shall not be permitted under clau
1[33A. Persons who may appear in proceeding in which there is dispute between employees and employees
(1) In any dispute between the employees and employees referred to arbitration of a Labour Court or the Industrial Court under section 72, all persons who are parties to the dispute, shall be entitled to appear and act in the proceedings before such Court :
Provided that, where the number of employees on either side exceeds five, then such employees shall elect in the manner prescribed, two persons from amongst themselves to appear and act for them.
(2) If a Representative Union desires to be heard in respect of such dispute it may, on application made to the Court also be heard by such Court.]
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1[33A. Persons who may appear in proceeding in which there is dispute between employees and employees
(1) In any dispute between the employees and employees referred to arbitration of a Labour Court or the Industrial Court under section 72, all persons who are parties to the dispute, shall be entitled to appear and act in the proceedings before such Court :
Provided that, where the number of employees on either side exceeds five, then such employees shall elect in the manner prescribed, two persons from amongst themselves to appear and act for them.
(2) If a Representative Union desires to be heard in respect of such dispute it may, on application made to the Court also be heard by such Court.]
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(1) A Labour Officer shall exercise the powers conferred, and perform the duties imposed on him by or under this Act.
(2) For the purpose of exercising such power and performing such duties a Labour Officer may, subject to such conditions as may be prescribed, at any time during the working hours and outside working hours after reasonable notice enter and inspect-
(a) any place used for the purpose of any industry ;
(b) any place used as the office of any union ;
(c) any premises provided by an employer for the residence of his employees, and shall be entitled to call for and inspect all relevant documents which he may deem necessary for the due discharge of his duties and powers under this Act.
(3) All p
(1) A Labour Officer shall exercise the powers conferred, and perform the duties imposed on him by or under this Act.
(2) For the purpose of exercising such power and performing such duties a Labour Officer may, subject to such conditions as may be prescribed, at any time during the working hours and outside working hours after reasonable notice enter and inspect-
(a) any place used for the purpose of any industry ;
(b) any place used as the office of any union ;
(c) any premises provided by an employer for the residence of his employees, and shall be entitled to call for and inspect all relevant documents which he may deem necessary for the due discharge of his duties and powers under this Act.
(3) All p
(1) Within six weeks from the date of the application of this Act to an industry every employer therein shall submit for approval to the Commissioner of Labour in the prescribed manner draft standing orders regulating relations between him and his employees with regard to the industrial matters mentioned in Schedule I :
Provided that where an undertaking in an industry is started after the application of this Act to such industry, the draft standing orders shall be submitted within six months of the starting of the undertaking.
(2) On receipt of the draft standing orders the Commissioner of Labour, shall, after consulting in the prescribed manner the representative of employees and employers and such other interests concerned in the industry and making such inquiry as be deems fit, settle the said standing orders.
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(1) Any person aggrieved by any standing Orders settled by the Commissioner of Labour under sub-section (2) of section 35 may within thirty days from the date of their coming into operation appeal to the Industrial Court :
Provided that the Industrial Court may for sufficient cause, admit any appeal after the expiry of the period of thirty days.
(2) On an appeal being filed, the Industrial Court may on the application of any party to such appeal and on such conditions as it may think fit stay the operation of all or any of such standing orders until the appeal is decided.
(3) The Industrial Court in appeal may confirm, modify, add to or rescind all or any of such standing orders.
(4) The Industrial Court shall fix the date on which all or any of the
(1) Any person aggrieved by a decision of the Industrial Court under section 36 may within thirty days from the date of the decision apply to the industrial Court for a review of the said decision.
1[Provided that the Industrial Court may for sufficient cause admit any such application after the expiry of the said period of thirty days.]
(2) The Industrial Court shall not grant such application unless it is satisfied that there has been a discovery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge of the party making the application or could not be produced by him at the time when its decision was made, or that there has been some mistake or error apparent on the face of the record or that there is any other sufficient reason for granting such application.
(1) No alteration shall be made for a period of one year from the date of its corning into operation in any standing order settled under any of the foregoing provisions of this Chapter except by the Industrial Court in appeal or review, where such appeal or review lies.
(2) Any employer or employee may apply to the Commissioner of Labour for a change in -
(a) any standing order settled under sub-section (2) of section 35, which has not been appealed against, or
(b) any standing order settled in appeal under sub-section (3) of section 36, in respect of which no application for review has been made, or
(c) any standing order settled in review under section 37,
after the expiry of one year from the date of s
(1) On receipt of an application under sub-section (2) of section 38 the Commissioner of Labour shall, after giving the other party an opportunity of being heard and after consulting such other interests in the industry as in his opinion are affected, pass such order as he deems fit, and, if the order effects an alteration in any standing order, forward a copy of the standing order as so altered to the Registrar who shall, within fifteen days of its receipt record it in the register referred to in sub-section (3) of section 35. The standing order as so altered shall come into operation from the date of its record in the register.
(2) The provisions of sections 36,37 and 38 shall, so far as may be, apply to an order passed by the Commissioner of Labour under sub-section (1) in the same manner as they apply to standing orders settled under sub-section (2) of section 35.
(1) Standing orders in respect of an employer and his employees settled under this Chapter and in operation, or where there are no such standing orders, modal standing orders, if any, applicable under the provisions of sub-section (5) of section 35 shall be determinative of the relations between the employer and his employees in regard to all industrial matters specified in Schedule I.
(2) Notwithstanding anything contained in sub-section (1) the1[State], Government may refer, or an employee2[or a representative union] may apply in respect of any dispute of the nature referred to in clause (a) of paragraph A of section 78, to a Labour Court.
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1. This words was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
The provisions of the Industrial Employment (Standing Orders) Act, 1946 [XX of 1946], shall not apply to any industry to which the provisions of this Chapter are applied.
The provisions of the Industrial Employment (Standing Orders) Act, 1946 [XX of 1946], shall not apply to any industry to which the provisions of this Chapter are applied.
(1) Any employer intending to effect any change in respect of a industrial matter specified in Schedule II shall give notice of such intention in the prescribed form the representative of employees. He shall send a copy of such notice to the Chief Conciliator, the Conciliator for the industry concerned for the local area, the registrar, the Labour Officer and such other person as may be prescribed. He shall also affix a copy of such notice at a conspicuous place on the premises where the employees affected by the change are employed for work and at such other place as may be directed By the Chief Conciliator in any particular case.
(2) An employee desiring a change in respect of an industrial matter not specified in Schedule I or III shall give notice in the prescribed form to the employer through the representative of employees, who shall forward a copy of the notice to the Chief
1[(1) Where an employer gives notice of a proposed change under sub-section (1) of section 42 affecting some of the employees in an industry in a local area, any other employer or an association of employers or the representative of any employees engaged in the industry in the local area may, within seven days from the date of service of such notice, intimate in writing to such employer that other employers, or as the case may be, other employees, engaged in the industry in the area and mentioned in such intimation are affected by the change. The employer or employees concerned shall affix a copy of such intimation at a conspicuous place on every premises where the employees concerned are employed for work.
(2) Where an employee gives notice of a proposed change under sub-section (2) of section 42 affecting one or some or the employers in an industry in a local area the representat
(1) If within seven days from the date of service of a notice under section 42 or an intimation or special notice under section 43, or the date of publication of a notification under sub-section (5) of section 43 or within such further period as may be mutually fixed by the employers affected and the representative of the employees affected an agreement is arrived at in regard to the proposed change, a memorandum of such agreement singed by the employer or employers as well as by the representative of employees shall be forwarded in the prescribed manner to the Chief Conciliator, the Registrar and the Labour Officer :
Provided that where the employees deemed to be affected under sub-section (4) of section 43 are in the opinion of the1[State] Government the majority of the employees in the industry, or the whole industry is deemed to be affected under sub-section (5) thereof, the La
1[44A. Registration of agreements under section 42(4)
Where an agreement referred to in the proviso to sub-section (4) of section 42 is arrived at, a memorandum of such agreement may be forwarded by either party to the Registrar by registered post. The provisions of sub-sections (2) and (3) of section 44 shall then apply for registration of such agreement.]
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1. Sections 44A and 44B were inserted by Bom. 63 of 1953, s. 12.
1[44B. Certain settlements deemed to be agreements
Where a settlement is arrived at within two months from the date of the completion of any conciliation proceedings, such settlement shall be deemed to be an agreement for the purposes of section 44 and the provisions of the said section 44 shall apply for registration of such agreement.]
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1. Sections 44A and 44B were inserted by Bom. 63 of 1953, s. 12.
An agreement registered under section 44 shall come into operation on the date specified therein or if no date is so specified on its being recorded by the Registrar.
(1) No employer shall make any change in any standing order settled under Chapter VII without following the procedure prescribed thereof in this Act.
(2) No employer shall make any change in any industrial matter mentioned in Schedule II-
1[(ai) before giving notice of the change as required by the provisions of sub-section (1) of section 42;]
(i) within the period provided for in sub-section (1) of section 44 unless an agreement is arrived at;
2[(ii) where no agreement is arrived at before the completion of the conciliation proceedings and during the period of ten days thereafter];
(iii) where no settlement is arrived at, after two months from the date of the completion of the proceeding before the Conci
An employer required under the terms of any1[effective decision or order of a Wage Board,] Labour Court or the Industrial Court to carry out a change or withdraw an illegal change, shall comply with such requirement within such time as the2[Wage Board or] Court giving or making the decision or order prescribes and where no time is prescribed by it within fortyeight hours of the giving or making of the decision or the order3[or as the case may be, of the declaration referred to in section 76A or 86F].
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1. These words were substituted for the original by Bom 43 of 1948, s. 8(i).
2. These words were inserted, Bom 43 of 1948, s. 8(ii).
3. This portion was added, Bom 43 of 1948, s. 8(iii).
An employer required under the terms of any1[effective decision or order of a Wage Board,] Labour Court or the Industrial Court to carry out a change or withdraw an illegal change, shall comply with such requirement within such time as the2[Wage Board or] Court giving or making the decision or order prescribes and where no time is prescribed by it within fortyeight hours of the giving or making of the decision or the order3[or as the case may be, of the declaration referred to in section 76A or 86F].
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1. These words were substituted for the original by Bom 43 of 1948, s. 8(i).
2. These words were inserted, Bom 43 of 1948, s. 8(ii).
3. This portion was added, Bom 43 of 1948, s. 8(iii).
(1) A Joint Committee may be constituted for an undertaking or occupation with the consent of the employer and the registered union for the industry for the local area1[and shall be constituted irrespective of such consent, if the2[State] Government on an application made to it in this behalf by the registered union so directs]:
Provided that no Joint Committee shall be so constituted in respect of an undertaking or occupation where there is no representative union, unless not less than fifteen per cent. of the employees are members of a registered union.
(2) On application made in this behalf by the employer or the Union to the registrar, a Joint Committee shall be entered in a list of Joint Committees maintained by him, and thereupon all the provisions of this Act shall apply to the Joint Committee.
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(1) A Joint Committee shall consist of such number of members as may be prescribed; half the number shall in the prescribed manner be nominated by the union1[from among employees in the undertaking or occupation concerned], and the other half appointed by the employer concerned.
2[Where the Joint Committee is to be constituted in pursuance of a direction of the3[State] Government on an application made by the registered union, the union and the employer shall nominate and appoint the members within such period as the3[State] Government may by order specify. A copy of such order shall, as soon as may be, be given to the union and the employer in the manner prescribed.]
(2) A Chairman shall be appointed in accordance with rules made in this behalf. He shall performs his duties in the prescribed manner.
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(1) A representative of the registered union may attend any meeting of the Joint Committee, to advise the members representing the employees.
(2) The proceeding of the Joint Committee shall be conducted the manner prescribed.
(3) The proceedings shall be recorded in a minute book1[in a language understood by majority of the employees.].
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1. This portion was added by Bom. 63 of 1953, s. 14.
(1) Any member of a Joint Committee may move a proposal regarding any change other than a change in any standing order or regarding any other matter affecting the relations between the employer and the employees in the undertaking or occupation, as the case may be, for which the Committee is constituted :
Provided that no such proposal shall be moved for a change in respect of any industrial matter if such change could not for the time being be made under this Act.
(2) The decision of the Joint Committee regarding every change proposed under the provisions of sub-section (1) together with all necessary particulars regarding such change shall within forty-eight hours be communicated to the registered union and the employees well as the Labour Officer and the Commissioner of Labour.
(1) Where an agreement is arrived at between the employer and the union regarding any change proposed in the Joint Committee under sub-section (1) of section 51, a memorandum of such agreement signed by them shall be forwarded by the employer in the prescribed manner to the Registrar and the Labour Officer and all the provisions, of this Act shall apply to such agreement as they would apply in respect of an agreement under sub-section (1) of section 44.
(2) If within seven days from the receipt of a decision under sub-section (2) of section 51, the employer or the union sends an intimation (hereinafter called special intimation) in the prescribed form to the Conciliator for the industry for the local area stating that the change proposed in the Joint Committee, being a change in respect of a matter not specified in Schedule I or III, or such change with specified alterations, shoul
(1) The union may authorise such proportion (hereinafter called the authorised proportion), not being less then three-fourths of the member representing the employees on the joint Committee, to accept or reject on its behalf any proposal or class of proposals moved in the Committee.
(2) The employer may authorise a proportion of the members representing him on the Committee to accept or reject on his behalf any proposal or class of proposals moved in the Committee.
(3) For a period of two months after a decision of the Committee, no notice of change under section 42, or special intimation or application under section 52 shall be given or made-
(a) where the union acts under sub-section (1), by the employees concerned or the union, contrary to the decision of the authorised proportion accepting
1[CHAPTER IXA
JOINT MANAGEMENT COUNCILS
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1. Chapter IXA was inserted by Guj. 21 of 1972, s. 3.
(1) If in respect of any industry, the State Government is of opinion that it is desirable in public interest to take action under this section, it may, in the case of all undertakings or any class of undertakings in such industry, in which five hundred or more employees are employed or have been employed on any day in the proceeding twelve months, by general or special order, require the employer to constitute in the prescribed manner and within the prescribed time limit a Joint Management Council, consisting of such number of members as may be prescribed, comprised of representatives of employers and employees engaged in the undertaking, so however, that the number of representatives of employees on the Council shall not be less than the number of representatives of the employers. Notwithstanding anything contained in this Act, the representative of the employees -on the Council shall be elected in the prescribed manner by
(1) The council shall be charged with the general duty to promote and assist in the management of the undertaking in a more efficient, orderly and economical manner, and for that purpose and without prejudice to the generality of the foregoing provision, it shall be the duty of the Council-
(a) to promote cordial relations between the employer and employees;
(b) to build up understanding and trust between them;
(c) to promote measures which lead to substantial increase in productivity;
(d) to secure better administration of welfare measures and adequate safety measures;
(e) to train the employees in understanding the responsibilities of management of the undertaking and in sharing such responsibilities to
(1) The council shall be charged with the general duty to promote and assist in the management of the undertaking in a more efficient, orderly and economical manner, and for that purpose and without prejudice to the generality of the foregoing provision, it shall be the duty of the Council-
(a) to promote cordial relations between the employer and employees;
(b) to build up understanding and trust between them;
(c) to promote measures which lead to substantial increase in productivity;
(d) to secure better administration of welfare measures and adequate safety measures;
(e) to train the employees in understanding the responsibilities of management of the undertaking and in sharing such responsibilities to
(1) If any proposed change in respect of which notice is given under section 42, or an intimation or special notice is given under section 43 is objected to by the employer or the employee, as the case may be, the party who gave such notice, intimation or special notice shall, if he still desires that the change should be effected, forward to the Registrar, the Chief Conciliator and the Conciliator for the local area for the industry concerned a full statement of the case in the prescribed form within fifteen days from the date of service of such notice, intimation or special notice on the other party or within one week of the expiry of the period fixed by both parties under sub-section (1) of section 44 for arriving at an agreement.
Explanation.-For the purposes of this sub-section a change shall be deemed to be objected to by the employer or employee, as the case may be, if withi
On receipt of the statement of the case under section 54 the Conciliator shall, except in a case in which by reason of the provisions of section 64 a conciliation proceeding cannot be commenced,1[within a week] enter the industrial dispute in the register kept for the purpose and thereupon the conciliation proceeding shall be deemed to have commenced from2[the date of such entry in the register, which date shall be communicated by him to the parties concerned].
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1. These words were substituted for the word "forthwith" by Bom. 63 of 1953, s. 15 (1).
2. These words were substituted for the words "the date of such receipt", Bom. 63 of 1953, s. 15 (2).
(1) The Conciliator shall hold the conciliation proceeding in the prescribed manner.
(2) It shall be the duty of the Conciliator to endeavour to bring about the settlement of the industrial dispute and for this purpose the Conciliator shall enquire into the dispute and all matters affecting the merits thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute and may adjourn the conciliation proceeding for any period sufficient in his opinion to allow the parties to arrive at a settlement or for any other reason.
(1) It shall be lawful for the Chief Conciliator to intervene or to direct any Conciliator to intervene at any stage in any conciliation proceeding held by another conciliator, and thereafter the Chief Conciliator or the Conciliator so directed shall hold the conciliation proceeding with or without the assistance of the Conciliator.
(2) The Chief Conciliator may from time to time issue such directions as he deems fit to any Conciliator at any stage of a conciliation proceeding.
(1) If a settlement of an industrial dispute is arrived at in a conciliation proceeding, a memorandum of such settlement shall be drawn up in the prescribed form by the Conciliator and singed by the employer and the representatives of employees. The Conciliator shall send a report of the proceeding along with a copy of the memorandum of settlement to the Registrar and the Chief Conciliator. The Registrar shall record such settlement in the register of agreements and shall then publish it in the prescribed manner. The change, if any, agreed to by such settlement shall come into operation from the date agreed upon in such settlement and where no such date is agreed upon from the date on which it is recorded in the register.
(2) If no such settlement is arrived at, the Conciliator shall, as soon as possible after the close of the proceeding before him, send, a full report to the Chief
The Gujarat Industrial Relations Act, 1946, was enacted to regulate the relationship between employers and employees, providing a framework for the settlement of industrial disputes. Section 58 specifically addresses the process of settlement during conciliation proceedings.
Section 58 mandates that if a settlement of an industrial dispute is reached during conciliation proceedings, a memorandum of such settlement must be prepared in a prescribed format. This memorandum serves as an official record of the agreement between the parties involved.
The scope of Section 58 encompasses all industrial disputes that are subject to conciliation. It aims to ensure that settlements are documented and recognized legally, thereby providing clarity and reducing the potential for future disputes.
While Section 58 itself does not specify punishments, failure to comply with the requirements of documenting a settlement may lead to legal complications or challenges in enforcing the agreement.
(1) The1[State] Government may at any time, and where either prior to the commencement of a proceeding before the Conciliator or after his failure to bring about a settlement, the parties agree, shall refer the dispute to a Board and thereupon conciliation proceedings before the Board shall be deemed to have commenced from the date of such reference.
(2) On such reference being made, the Board shall give notice in the prescribed manner to the parties to the dispute to appear before it at such time and place as may be specified in the notice. A Copy of such notice shall be sent to the Labour Officer.
(3) On the date specified in the notice or on such other date as may be fixed by the Board, the Board shall hold the conciliation proceeding. It shall be the duty of the Board to endeavour to bring about settlement of the industrial dispute a
(1) A Conciliator or a Board, as the case may be, shall subject to the provisions of this Act, follow in a conciliation proceeding such procedure as may be prescribed.
(2) The proceedings before a Conciliator shall be held in camera and any proceedings before a Board may be held in public or in camera as the Board may decide.
(3) If a party to an industrial dispute or a witness or any other person giving any information or producing any document in a conciliation proceeding makes a request in writing to the Conciliator or the Board, as the case may be, that such information or the contents of such document be treated as confidential, the Conciliator or the Board shall direct that such information or document be treated as Confidential :
Provided that the Conciliator or Board may permit the inf
A Conciliator or a Board may refer any question of law arising before him or it in any conciliation proceeding, to the Industrial Court for decision. Any order passed by the Conciliator or the Board in such proceeding shall be in accordance with such decision.
(1) The1[State] Government shall by general or special order notified in the Official Gazette fix a time limit for the completion of each stage of the conciliation proceedings provided for under this Chapter :
Provided that total period fixed for the completion of all stages of conciliation proceeding shall not exceed one month from the date on which the dispute is entered by the Conciliator in the register under section 55 or is referred to a Board under section 59:
Provided further that the1[State] Government may extend the said period of one month by a further period of a fortnight at a time but not exceeding in any case two months in the aggregate.
(2) Notwithstanding anything contained in sub-section (1), the parties to any industrial dispute may in any case agree to extend the period fix
A conciliation proceeding shall be deemed to have been completed--
(i) when a memorandum of the settlement arrived at in such proceeding is signed by the parties under sub-section (1) of section 58, or
(ii) when the parties agree in writing to submit the dispute to arbitration, or
(iii) if no settlement is arrived at, when the report of the Conciliator or the Board is published by the1[State] Government, or
(iv) when the time-limit fixed for the completion of such proceeding under section 62 has expired.
2[Explanation.-- When an industrial dispute is settlement in regard to some of the industrial matters included therein, the conciliation proceeding in regard to those matters only shall be deemed to have
No conciliation proceeding in respect of an industrial dispute shall-
(a) be commenced if-
(i) the representative of employees directly affected by the dispute is a registered union which is a party to a submission relating to such dispute or a dispute relating to an industrial matter similar to that regarding which the dispute has arisen ;
(ii) it has been referred to arbitration under the provisions of section 721[or 73]2[or referred for decision under section 86C];
(iii) by reason of a direction issued under sub-section (2) of section 1143[or by reason of any of the other provisions of this Act] the employers and employees concerned are in respect of the dispute bound by a registered agreement, settlement, submission or award;
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A conciliation proceeding which is discontinued under clause (b) of section 64 shall be deemed to have been completed on the date referred to in the said clause, and the provisions of section 58 with regard to the submission, forwarding and publication of reports shall apply to such conciliation proceeding.
A conciliation proceeding which is discontinued under clause (b) of section 64 shall be deemed to have been completed on the date referred to in the said clause, and the provisions of section 58 with regard to the submission, forwarding and publication of reports shall apply to such conciliation proceeding.
(1) Any employer and a Representative Union or any other registered union which is a representative of employees may, by a written agreement, agree to submit any present or future industrial dispute or class of such disputes to the arbitration of any person whether such arbitrator is named in such agreement or not. Such agreement shall be called a submission.
(2) Such submission may provide that the dispute shall be referred to the arbitration of a Labour Court or the Industrial Court :
1[Provided that no such submission shall provide for reference of any such dispute to the arbitration of the Industrial Court when under any provision of this Act it is required to be referred to the Labour Court for its decision.]
(3) A copy of every such submission shall be sent to the Registrar who shall reg
Every submission shall in the absence of any provision to the contrary contained therein be irrevocable :
Provided that a submission to refer future disputes to arbitration may at any time be revoked by any of the parties to such submission by giving the other party six months notice in writing :
Provided further that before the expiry of the said period of six months the parties may agree to continue the submission for such further period as may be agreed upon between them.
1[68. Non-applicable o Arbitration Act 1940
Nothing in the Arbitration Act, 1940 [X of 1940], shall apply to arbitrations under this Chapter.]
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1. Section 68 was substituted for the original by Guj. 22 of 1966, s. 8.
The arbitrator may refer any question of law arising before him in any proceeding under this Act to the industrial Court for its decision. Any award made by the arbitrator shall be in accordance with such decision.
The arbitrator shall after hearing the parties concerned, make an award of which shall be signed by him.
Notwithstanding anything contained in this Chapter, if no provision has been made in any submission for the appointment of an arbitrator or where by reason of any circumstance no arbitrator is appointed, such dispute shall be referred to the arbitration of a Labour Court or the Industrial Court, as the1[State] Government may determine.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
72. Disputes between employees and employees may be referred by1[State] Government to arbitration of Labour Court or Industrial Court
(1) Notwithstanding anything hereinbefore contained the1[State] Government may, at any time on the report of the Labour Officer or on its own motion, refer any industrial dispute between employees and employees to the arbitration of a Labour Court or the Industrial Court.
(2) The provisions of this Chapter with such modifications as may be prescribed shall apply to such arbitration.
(3) The employers of such employees shall in the prescribed manner be made parties to such arbitration.
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1. This word was substituted for the word "Provincial" by the Ad
73.1[State] Government may refer Industrial dispute to Industrial Court for arbitration
Notwithstanding anything contained in this Act, the1[State] Government may, at any time, refer an industrial dispute to the arbitration of the Industrial Court, if on a report made by the Labour Officer or otherwise it is satisfied that--
(1) by reason of the continuance of the dispute--
(a) a serious outbreak of disorder or a breach of the public peace is likely to occur; or
(b) serious or prolonged hardship to a large section of the community is likely to be caused; or
(c) the industry concerned is likely to be seriously affected or the prospects and scope for employment therein curtailed; or
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1[73AA. Power of State Government to include other undertakings in references to Labour or Industrial Court
Where an industrial dispute concerning any undertaking in an industry or section thereof has been or is to be referred to a Labour Court or Industrial Court under section 72 or 73, and the State Government is of opinion, whether on application made to it in this behalf or otherwise, that the dispute is of such a nature that any other undertaking, group or class of undertakings of a similar nature in that industry or any section thereof is likely to be interested in or affected by such dispute, the state Government may, at the time of making such reference or at any time thereafter, but before the submission of the award, include in that reference such undertaking, group or class of undertaking or any section thereof, whether or not at the time of such inclusion any dispute ex
1[73A. Reference to arbitration by unions
Notwithstanding anything contained in this Act, a registered union which is a representative of employees and which is also an approved union may refer any industrial dispute for arbitration to the Industrial Court :
Provided that no such dispute shall be referred to the Industrial Court,--
(i) after two months from the date of the completion of the proceedings before the Conciliator;
(ii) where the employer has offered in writing before the Conciliator to submit the dispute to arbitration under this Act, and the union has not agreed to do so;
(iii) unless the dispute is first submitted to the Conciliator and the conciliation proceedings are completed or the Conci
(1) The arbitrator, Labour Court or Industrial Court, as the case may be, shall forward copies of the award made by him or it to the parties, the Commissioner of Labour and the Registrar.
(2) On receipt of such award, the Registrar shall enter it in the register kept for the purpose and shall publish it in such manner as may be prescribed.
1[Except as provided in section 118B, the award shall] come into operation on the date specified in the award or where no such date is specified therein on the date on which it is published under section 74.
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1. These words, figures and letter were substituted for the words "The award shall" by Guj. 22 of 1966, s. 10.
The arbitration proceeding shall be deemed to have been completed when the award is published under section 74.
1[76A. Procedure to give effect to awards affecting2[State] Government
(1) Notwithstanding anything contained in sections 74 to 76 (both inclusive) where the award affects an industry conducted or carried on by a department of the2[Stale] Government, the award shall not be effective except in accordance with the procedure set out in sub-sections (2) and (3).
(2) The arbitrator, Labour Court or Industrial Court, shall, as soon as practicable, on the conclusion of its proceedings, submit its award to the2[State] Government, and the2[State] Government shall, by order in writing, declare the3[award] to be binding :
Provided that where in the opinion of the2[State] Government it would be inexpedient on public grounds to give effect to the whole or any part of the award the2[State] Government, shall
The territorial jurisdiction of Labour Courts shall extend to the local areas for which they are constituted.
(1) Labour Court shall have power to-
A. decide-
(a) dispute regarding-
1[(i) the propriety or legality of an order passed by an employer acting or purporting to act under the standing orders ; ]
(ii) the application and interpretation of standing orders ;
(iii) any change made by an employer or desired by an employee in respect of an industrial matter specified in Schedule III and matters arising out of such change ;
(b) industrial disputes-
(i) referred to it under section 71 or 72;
(ii) in respect of which it is appointed as the arbitrator by a submission;
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(1) Proceedings before a Labour Court in respect of disputes falling under clause (a) of paragraph A of sub-section (1) of section 78 shall be commenced on an application made by any of the parties to the dispute, a special application under sub-section (3) of section 52 or an application by the Labour Officer1[or a representative union] and proceeding in respect of a matter falling under clause (c) of the said paragraph A on an application made by any employer or employee directly affected or the Labour Court1[or a representative Union].
(2) Every application under sub-section (1) shall be made in the prescribed from and manner.
(3) An application in respect of a dispute falling under clause (a) of paragraph A of sub-section (1) of section 78 shall be made,--
(a) If it is a dispute falling un
1[80. Labour Court to give notice to parties affected and permit appearance of parties
On receipt of an application under section 79 the Labour Court shall issue a notice to all parties affected by the dispute in the manner provided by rules under section 85. Subject to the provisions of Chapter V, the Labour Court may permit the parties so affected to appear in the manner provided by the provisions of sections 80A to 80C. The Labour Court shall then hold an inquiry.
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(1) Where an application is filed, under section 79 by an employer or the Labour Officer for the decision of the Labour Court, and the employees affected are numerous persons having the same interest, the Court may permit one or more of such employees to appear and to defend the application on behalf of all the employees so interested.
(2) In such case the Labour Court shall also direct notice of the filing of the application to be given to all such employees at the applicant's expense either by personal service or where from the number of employees or any other cause such service is not reasonably practicable, by public advertisement and by causing the notice with its translation in a regional language to be affixed by the applicant at the entrance through which the majority of the employees enter the premises for their work. The person affixing the notice and publishing the adver
Any employee, who is not permitted to appear under section 80A but on whose behalf the application is defended may apply to the Court to make him a party to such application. The Court may grant such application, if it is satisfied that the interest of the employee will be severally and materially affected to his prejudice if he is not joined as a party to the application.
(1) Where there are numerous employees having the same interest, one or more of such employees, or the Labour Officer, may, with the permission of the Court, file an application under section 79. Such application may be made on behalf of and for the benefit of all the employees. The court shall, in such cases direct the notice of the filing of the application to be given to such employees at the applicant's expense, either by personal service or where from the number of employees or any other cause, such service is not practicable, by public advertisement. The person publishing the advertisement shall file an affidavit in the Court of his having done so.
(2) An employee on whose behalf an application is filed under sub-section (1) may apply to the Court to make him a party to such application. The Court may grant such application if it is satisfied that his interest will be several
In an inquiry under sections 80 and 80A to 80C, the Judge presiding over the Labour Court shall himself, as such inquiry proceeds, record a minute of the proceedings in his own hand, embracing the material averments made by the parties affected and the material parts of the evidence. The decision shall be signed by him and shall set forth the grounds on which is based.]
A Labour Court may refer any question of law arising in any proceeding before it to the Industrial Court for decision. Any order passed by the Labour Court in such proceeding shall be in accordance with such decision.
No Labour Court shall take cognizance of any offence except on a complaint1[of facts constituting such offence made by the person affected thereby]2[or by a representative union which is also an approved union,] or on a report in writing by the Labour Officer.
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1. These words were substituted for the words "by the person affected of acts of constituting such offence" by Bom. 55 of 1949, s. 13.
2. These words were inserted by Guj. 8 of 1962, s. 14.
In respect of offences punishable under this Act, a Labour Court shall have all the powers under the Code of Criminal Procedure, 1898 [V of 1898],1[of a Magistrate of First Class], and in the trial of every such offence shall follow the procedure laid down in Chapter XXII of the said Code for a summary trial in which an appeal lies; and the rest of the provisions of the said Code shall, so far as may be, apply to such trial.
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1. These words were inserted for the word "of a Presidency Magistrate in Greater Bombay and a Magistrate of First Class elsewhere" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order , 1960.
1[83A. Legal parctitioners excluded from appearance in certain proceedings in Labour Courts
Except in a proceeding in connection with an offence under this Act, a legal practitioner shall not be entitled to appear before a Labour Court on behalf of any party in any other proceeding under this Act, save with the permission of such Court.]
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1. Section 83A was inserted by Bom. 55 of 1949, s. 14.
(1) Notwithstanding anything contained in section 83 an appeal shall lie to the Industrial Court--
(a) against a decision of a Labour Court in respect of a matter falling under clauses (a) or (c) of paragraph A of sub-section (1) of section 78 except to the extent to which it determines whether a strike,1[lock-out, closure or stoppage] was illegal or not, or a decision of such Court under paragraph C of sub-section (1) of the said section;
(b) against a conviction by a Labour Court by the person convicted;
(c) against an acquittal by a Labour Court in its special jurisdiction, by the2[State] Government;
(d) for enhancement of a sentence awarded by a Labour Court in its special jurisdiction by the2[State] Government.
1 [(1)] The industrial Court shall have superintendence over all Labour Courts and may--
(a) call for returns;
(b) make and issue general rules and prescribe forms for regulating the practice and procedure of such Courts in matters not expressly provided for by this Act and, in particular, for securing the expeditious disposal of cases;
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such Courts;
(d) settle a table of fees payable for process issued by a Labour Court or the Industrial Court.
1 [(2) The Industrial Court may, by order in writing and for reasons to be stated therein withdraw any proceeding under this Act pending before a Labour Court and transfer
Except as otherwise provided by this Act, no decision, award or order of a Labour Court shall be called in question in any proceeding in any Civil or Criminal Court.
1[86A. Power to award costs
(1) A Labour Court shall have the power to direct by whom the whole or any part of the costs of any proceeding before it shall be paid :
Provided that, no such costs shall be directed to be paid for the services of any legal adviser engaged by any party.
(2) The provisions of section 93 shall apply to an order under this section in the same manner as they apply to an order of the Industrial Court.]
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1. Section 86A was inserted, Guj. 8 of 1962,s. 16.
1[CHAPTER XIIA
WAGE BOARDS
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1. Chapters XIIA and XIIB were inserted by Bom. 43 of 1948, s. 16.
1[86AA. Wage Board
The2[State] Government may, by notification in the Official Gazette constitute for one or more industries a Wage Board for the3[State of Gujarat].
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1. Section 86A of the principal Act, was renumbered as section '86AA' by Guj. 8 of 1962, s. 17.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. These words were substituted for the words "Bombay area of the State of Gujarat" by Guj. 20 of 1961, s. 6.
The Wage Board shall consist of an equal number of persons nominated by the1[State] Government to represent employers and employees and such number of independent persons as the1[State] Government nominates. The Chairman shall be appointed by the1[State] Government.
Explanation.--For the purposes of this section a person shall be deemed to be an independent person if he is unconnected with the industrial matter which may be referred to it under section 86C2[or 86CC] and the industry directly affected by the industrial matter.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. This word, figures and letters were inserted by Bom. 63 of 1953, s. 20.
(1) Notwithstanding anything contained in any other provision of this Act, the1[State] Government may, by an order notified in the Official Gazette refer to a Wage Board for decision any industrial matter or industrial dispute regarding items numbered 1, 2, 4, 9 and 10 in Schedule II, and such other industrial matters or disputes as may be prescribed.
(2) The order of reference under sub-section (1) shall specify, which employers and employees (including representative of employees, if any, and association of employers, if any) shall be parties to the proceedings before the Wage Board.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
1[86CC. Reference to Wage Board by certain registered unions
Notwithstanding anything contained in any other provision of this Act, a registered union which is a representative of employees and which is also an approved union may refer any industrial dispute of the nature, mentioned in sub-section (1) of section 86C other than a dispute in respect of bonus, to a Wage Board for decision :
Provided that no such dispute shall be referred to the Wage Board by the union,--
(i) after two months from the date of the completion of the proceedings before the Conciliator;
(ii) where the employer has offered in writing before the Conciliator to submit the dispute to arbitration under this Act and the union has not agreed to do so;
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Notwithstanding anything contained in any other provision of this Act, where an industrial matter or industrial dispute is referred for decision to a Wage Board under section 86C1[or 86CC] no proceedings regarding the same shall be commenced before a Conciliator, Board, Labour Court or the Industrial Court or a Court of Enquiry; and any such proceedings already commenced shall be forthwith stayed on the making of the reference.
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1. These word, figures and letters were inserted, Bom. 63 of 1953, s. 22.
A Wage Board shall, in respect of an industrial matter or industrial dispute referred to it for decision, subject to any rules or procedure which may be prescribed, follow the same procedure as the Industrial Court in respect of arbitration proceedings before it.
In particular the rules of procedure which may be prescribed in this behalf may provide for the formation of committees for local areas from among members of the Wage Board with co-option of such other persons from the local areas as the Wage Board would for the purpose of any reference think fit to appoint to the committees and the exercise by each such committee of the jurisdiction and powers vested in the Wage Board in respect of such industrial matters or industrial disputes as are referred by the Wage Board to the Committee.
1[86EE. Coming into operation of decision of Wage Board
Save as provided in section 86F, a decision of the Wage Board shall come into operation on the date specified in the decision and where no such date is specified therein on the date on which it is published in the prescribed manner.]
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1. Section 86EE was inserted by Bom. 74 of 1948, s. 16.
86F. Procedure to give effect to decision of Wage Board affecting1[State] Government
(1) Where the decision of a Wage Board affects an industry conducted or carried on by a department of the1[State] Government, the decision shall not be effective except in accordance with the procedure set out in sub-sections (2) and (3).
(2} The Wage Board shall, as soon as practicable on the conclusion of its proceedings, submit its decision to the1[State] Government, and the1[State] Government shall by order in writing declare the decision to be binding :
Provided that where in the opinion of the1[State] Government it would be inexpedient on public grounds to give effect to the whole or any part of the decision, the1[State] Government shall on the first available opportunity lay the decision together with t
(1) An appeal shall lie to the Industrial Court against an order or decision of a Wage Board (including reviewed order or decision), save in case referred to in section 86 F.
(2) Such appeal shall be made within six weeks from the date of the order of decision.
Subject to the provisions of sections 86F and 86G, an order or decision of a Wage Board shall be binding on--
(a) all parties to any proceeding before it who appeared or were represented therein;
(b) all parties who were summoned to appear as parties to the proceeding, whether they appeared or not;
(c) all the employers and employees in the concern or occupation or industry in the local area according as the order of reference under sub-section (1) of section 86-C directs irrespective of whether they were such employers or employees at the time of the making or giving of such order or decision, or whether they became such afterwards.
(1) An employer or an employees or an association or a group of employers or a registered union or body of employees may apply to a Wage Board for review of an order or decision of the Wage Board and the Wage Board may for any sufficient reason and upon hearing all the parties review the order or decision :
Provided that no such application shall lie until a period of one year has elapsed from the date of the making or giving of the order or decision or the last review thereof, as the case may be :
Provided further that no such application by an employer or an association or a group of employers shall lie unless the employer, association or group, the case may be, employees not less than fifteen per cent. of the employees whom the order or decision binds :
Provided also that no such applicatio
The Industrial Court shall have superintendence over all Wage Boards and may-
(a) call for returns from such Boards ;
(b) make and issue general rules, and lay down forms for regulating the practice and procedure of such Boards in matters not expressly provided for by or under this Act, and in particular, for securing expeditious disposal of cases ;
(c) lay down the forms in which books, entries and accounts shall be kept by officers of Wage Board ;
(d) settle fees for processes issued by Wage Boards.
(1) Save as otherwise provided by this Act, no order or decision of a Wage Board shall be called in question in any proceeding in any civil or criminal court.
(2) The appellate order or decision of the Industrial court under section 86G shall have the same force as the original order or decision of the wage Board which it replaces except that there shall be no further appeal against it.
1[86KK. Transfer of certain disputes to Wage Board
The2[State] Government may, on the recommendation of the Industrial Court, by an order notified in the Official Gazette, direct that any industrial matter, or industrial dispute of the nature mentioned in section 86C which has been referred to the Industrial Court under3[sub-section (6) of section 58 or sections 66, 72, 73 or 73A] and is pending before it at any time shall be transferred to a Wage Board for disposal or for further disposal from the stage reached before the Industrial Court and thereupon all the provisions of this Act shall apply to that dispute as if it were referred to the Wage Board for decision under section 86C].
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1. Section 86KK was inserted by Bom. 74 of 1948, s 18.
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CHAPTER XII-B
1[STATE] WAGE BOARD
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
86L.1[State] Wage Board
(1) The1[State] Government may by notification in the Official Gazette, constitute for all the industries together to which this Act applies a1[State] Wage Board for the2[State of Gujarat.].
(2) In relation to the1[State] Wage Board the provisions of sections 33, 46, 47, 86B to 86K (both inclusive), 87, 90, 97, 98, 115, 118, 119, 119A and 123 shall be read as if the reference therein to a Wage Board were reference to the1[State] Wage Board.]
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. These words were substituted for the words "Bombay area of the State of Gujarat' by Guj. 2 of 1961, s.7.
86L.1[State] Wage Board
(1) The1[State] Government may by notification in the Official Gazette, constitute for all the industries together to which this Act applies a1[State] Wage Board for the2[State of Gujarat.].
(2) In relation to the1[State] Wage Board the provisions of sections 33, 46, 47, 86B to 86K (both inclusive), 87, 90, 97, 98, 115, 118, 119, 119A and 123 shall be read as if the reference therein to a Wage Board were reference to the1[State] Wage Board.]
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. These words were substituted for the words "Bombay area of the State of Gujarat' by Guj. 2 of 1961, s.7.
It shall be the duty of the Industrial Court-
(a) (i) to decide appeals under section1[20, 24A or 44] from orders passed by the registrar ;
(ii) to decide appeals from the decision of the Commissioner of Labour under section 36 or 39 and revision applications under section 37 regarding standing orders;
(iii) to decide disputes referred to it under sub-section (6) of section 58;
(iv) to decide all matters which may be referred to it by a Conciliator or a Board under section 61 or by an arbitrator under section 69;
(v) to decide industrial disputes referred to it in accordance with submissions registered under section 66 which provide for such reference to the Industrial Court;
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1[88. Powers of Industrial Court
(1) The Industrial Court in appeal may confirm, modify, add to or rescind any decision or order appealed against and may pass such orders therein as it may deem fit.
(2) In respect of offences punishable under this Act, the Industrial Court shall have all the powers of the2[High Court of Gujarat] under the Code of Criminal Procedure, 1898,[V of 1898].
(3) A copy of the orders passed by the Industrial Court shall be sent to the Labour Court.
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1. Sub-section (1) was inserted by Bom. 40 of 1948, s. 18 (1).
2. These words were substituted for the words "High Court of Judicature at Bombay" by the Gujarat Adap
If in any proceeding the Industrial Court finds that any union was registered by reason of a mistake, misrepresentation or fraud, or that a registered union has contravened any of the provisions of this Act, the Industrial Court may direct that the registration of such union shall be cancelled.
1[(1) A Wage Board may refer to the Industrial Court any point of law arising in any proceedings before it under this Act. Any order or decision made or given by the Wage Board in such proceedings shall be in accordance with the decision of the Industrial Court.]
1[(2)] A Civil or Criminal Court may refer any matter or any issue in any suit, criminal prosecution or other legal proceeding before it relating to an industrial dispute to the Industrial Court for its decision. Any order passed by such Court in such suit, prosecution or legal proceedings shall be in accordance with such decision.
1[(3)] The2[State] Government may refer to the Industrial Court any point of law arising in any proceedings held under this Act. The Industrial Court shall not decide any such reference save in open Court and with the concurrence of a majority of the
The Commissioner of Labour may refer any question relating to the interpretation of this Act or the rules made under this Act to the Industrial Court for its decision.
(1) The Industrial Court shall make regulations consistent with the provisions of this Act and rules made thereunder regulating its procedure.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for the formation of Benches consisting of one or more of its members and the exercise by each such Bench of the Jurisdiction and powers vested in it :
Provided that no Bench shall consist only of a member who has not been and at the time of his appointment was not eligible for appointment as, a Judge of a High Court.
(3) Every regulation made under sub-section (1) or (2) shall be published in the Official Gazette.
(4) Every proceeding before the Industrial Court shall be deemed to be a judicial pro
An order made by the Industrial Court regarding the costs of a proceeding may be produced before the Court of the Civil Judge within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business1[or where such place is within the City of Ahmedabad before the Court of Small Causes of Ahmedabad]2[* * * * * *], and such Court shall execute such order in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit.
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1. These words were inserted by Guj. 8 of 1962, s. 19.
2. The words "or where such place is within the local limits of the ordinary civil jurisdiction of the High Court before the Court of Small Causes of Bombay" were deleted by the Guja
An order, decision or award of the Industrial Court shall be binding on--
1[(a) all parties to the industrial dispute;]
(b) all parties who were summoned to appear as parties to the dispute whether they appeared or not unless the Industrial Court is of opinion that they were improperly made parties;
(c) in the case of an employer who is a party to the proceeding before such Court in respect of the undertaking to which the dispute relates, his successors, heirs or assigns in respect of the undertaking to which the dispute relates; and
(d) in the case of a registered union which is a party to the proceeding before such Court, all persons represented by the union at the date of the award, as well as thereafter.
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95.1[Order of Industrial Court to be final except on review
2[(1) An employer or an association or a group of employees or a registered union3[or a representative of employees] may at any time apply to the Industrial Court for review of a decision or award of the Industrial court and the Industrial Court may, for any sufficient reason and upon hearing the parties, review the decision or award.]
4[(2) No order, decision or award of the Industrial Court shall be called in question in any civil or criminal Court.]
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1. This marginal note was substituted, for the original by Bom. 43 of 1948, s. 19.
2. Sub-section (1) was inserted, Bom. 43 of 1948,s. 19.
1[95A. Law declared by Industrial Court to be binding
The determination of any question of law in any order, decision, award declaration passed or made, by the Full Bench of the Industrial Court constituted under the regulations made under section 92 shall be recognised as binding and shall be followed in all proceedings under this Act.]
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1. Section 95A was inserted by Bom. 74 of 1948, s. 20.
The1[State] Government may direct any officer to appear in any proceeding before the Industrial Court by giving notice to such Court and on such notice being given such officer shall be entitled to appears in such proceeding.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
The1[State] Government may direct any officer to appear in any proceeding before the Industrial Court by giving notice to such Court and on such notice being given such officer shall be entitled to appears in such proceeding.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
(1) A strike shall be illegal if it is commenced or continued--
(a) in cases where it relates to an industrial matter specified in Schedule III or regulated by any standing order for the time being in force;
(b) without giving notice in accordance with the provisions of section 42;
(c) only for the reason that the employer has not carried out the provisions of any standing order or has made an illegal change;
(d) in cases where notice of the change is given in accordance with the provisions of section 42 and where no agreement in regard to such change is arrived at before the statement of the case referred to in section 54 is received by the conciliator for the industry concerned for the local areas;
(e)
1 [97A. Stoppage of work by employees in certain circumstances illegal
A stoppage shall be illegal if it is commenced or continued--
(a) with the object of compelling the2 [Central or 3 [State] government] or any public servant to take or abstain from taking any particular course of action in regard to an industrial matter, where the 2 [Central or 3 [State] Government] is not an employer in the industry concerned, or
(b) if such stoppage is in support of, or in sympathy with, a strike which is illegal under this Act or the industrial Disputes Act, 1947 [XIV of 1947], or any other law for the time being in force, whether or not in the same industry, occupation or undertaking.]
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1.
(1) A lock-out shall be illegal if it is commenced or continued--
(a) in cases where it relates to any industrial matter specified in Schedule III or regulated by any standing order for the time being in force;
(b) without giving notice in accordance with the provisions of section 42;
(c) in cases where notice of the change is given in accordance with the provisions of section 42 and where no agreement in regard to such change is arrived at, before the statement of the case referred to in section 54 is received by the conciliator for the industry concerned for the local areas;
(d) in cases where conciliation proceedings in respect of an industrial dispute to which a lock-out relates have commenced before the completion of such proceedings1[and durin
1[98A. Closure of work by employer in certain circumstances illegal
A closure shall be illegal, if it is commenced or continued with the object of compelling the2[Central or3[State] Government] or any public servant to take or abstain from taking any particular course of action in regard to any industrial matter.]
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1. Section 98A was inserted by Bom. 74 of 1948, s. 22.
2. These words were substituted for the words "Provincial Government" by Bom. 55 of 1949, s. 16.
3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
99. Reference to Industrial Court for declaration whether strike,1[lock-out, closure of stoppage] is illegal
(1) The2[State] Government may make a reference to the Industrial Court for a declaration whether any proposed3[strike, lock-out, closure or stoppage will be illegal].
(2) No declaration shall be made under this section save in open Court.
4[(3) The declaration made under sub-section (1) shall be recognised as binding and shall be followed in all proceedings under this Act.]
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1. These words were substituted for the words "or lock-out", Bom. 74 of 1948, s. 23 (c).
2. This word was substituted for the word "Provincial" by the Adapta
99. Reference to Industrial Court for declaration whether strike,1[lock-out, closure of stoppage] is illegal
(1) The2[State] Government may make a reference to the Industrial Court for a declaration whether any proposed3[strike, lock-out, closure or stoppage will be illegal].
(2) No declaration shall be made under this section save in open Court.
4[(3) The declaration made under sub-section (1) shall be recognised as binding and shall be followed in all proceedings under this Act.]
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1. These words were substituted for the words "or lock-out", Bom. 74 of 1948, s. 23 (c).
2. This word was substituted for the word "Provincial" by the Adapta
(1) The1[state] Government may constitute one or more Courts of Enquiry consisting of such number of persons as the1[state] government may think fit.
(2) A Court of Enquiry shall inquire into such industrial matters, as may be referred to it by the1[state] Government, including any matter pertaining to conditions of work or relations between employers and employees in any industry, and any aspect of any industrial dispute.
(3) Every proceeding before a Court of Enquiry shall be deemed to be a judicial proceeding within the meaning of sections 192, 193 and 228 of the Indian Penal Code [XLV of 1860].
2[(4) A Court of Enquiry may refer to the Industrial Court any point of law arising in any proceeding before it under this Act. Any finding of the Court of Enquiry in such proceeding shall be in acc
(1) The1[state] Government may constitute one or more Courts of Enquiry consisting of such number of persons as the1[state] government may think fit.
(2) A Court of Enquiry shall inquire into such industrial matters, as may be referred to it by the1[state] Government, including any matter pertaining to conditions of work or relations between employers and employees in any industry, and any aspect of any industrial dispute.
(3) Every proceeding before a Court of Enquiry shall be deemed to be a judicial proceeding within the meaning of sections 192, 193 and 228 of the Indian Penal Code [XLV of 1860].
2[(4) A Court of Enquiry may refer to the Industrial Court any point of law arising in any proceeding before it under this Act. Any finding of the Court of Enquiry in such proceeding shall be in acc
(1) No employer shall dismiss, discharge or reduce any employee or punish him in any other manner by reason of the circumstance that the employee-
(a) is an officer or member of a registered union or a union which has applied for being registered under this Act ; or
(b) is entitled to the benefit of a registered agreement or a settlement, submission or award ; or
(c) has appeared or intends to appear as a witness in, or has given any evidence or intends to give evidence in1[a proceeding under this Act or any other law for the time being in force]2[or takes part in any capacity in, or in connection with] a proceeding under this Act ; or
(d) is an officer or member of an organisation the object of which is to secure better industrial conditions; or
102. Penalty for declaring illegal lock-out1[or illegal closure]
Any employer who has commenced a lock out2[or a closure] which a Labour Court holds or the Industrial Court has declared to be illegal shall, on conviction be punishable with fine which may extend to Rs. 2,500 and, in the case of the lock-out3[or the closure, as the case may be,] being continued after the lapse of forty-eight hours after it has been held or declared to be illegal, with an additional fine which may extend to Rs. 5,000 for every day during which such lock-out4[or closure] continues after such conviction.
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1. These words were inserted, Bom. 74 of 1948, s. 25 (d).
2. These words were inserted by Bom. 74 of 1948, s. 25(a).
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103. Penalty for declaring or commencing illegal strike1[or illegal stoppage]
Subject to the provisions of sub-section (3) of section 97, any employee who has gone on strike2[or stoppage] or who joins a strike3[or a stoppage] which a Labour Court holds or the Industrial Court has declared to be illegal shall, on conviction, be punishable with fine which may extend to Rs. 10 and, in the case of his continuing on strike4[or stoppage, as the case may be], after the lapse of forty-eight hours after it is held or declared to be illegal, with an additional fine which may extend to Rs. 1 per day for every day during which5[such strike or stoppage continues after such conviction] subject to a maximum of Rs. 50.
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1. These words were inserted, Bom. 74 of 1948, s. 26 (e).
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104. Penalty for instigation, etc. illegal strikes1[lock-outs, closure and stoppages]
Any person who instigates or incites others to take part in, or otherwise acts in furtherance of a lock-out2[or a closure], for which an employer is punishable under section 102 or a strike3[or a stoppage] for which any employee is punishable under section 103, shall, on conviction, be punishable with imprisonment of either description for a term which may extend to three months, or with fine or with both :
Provided that no person shall be punished under this section where the Court trying the offence is of opinion that in the circumstances of the use a reasonable doubt existed at the time of the commission of the offence about the legality of the4[strike, lock-out, closure or stoppage], as the case may be.
E
If a Conciliator, a member of a Board or a Labour Officer or any person present at or concerned in any conciliation proceeding willfully discloses any information or the contents of any document in contravention of the provisions of this Act, he shall, on conviction, on a complaint made by the party who gave the information or produced the document in such proceeding be punishable, with fine which may extend to Rs. 1,000.
(1) Any employer who makes an illegal change shall, on conviction, be punishable with fine which may extend to Rs. 5,000.
(2) Any employer who contravenes the provisions of section 47 shall on conviction, be punishable with imprisonment which may extend to three months, or for every day on which the contravention continues with fine which may extend to Rs. 5,000, or with both.
(3) The Court convicting any person under sub-section (1) or (2) may direct such person to pay such compensation as it may determine to any employee directly and adversely affected by the change in issue.
1[106A. Penalty for failure to appoint members on Joint Committee
Any employer who fails to appoint members of a Joint Committee to be constituted on an application made by the union within the period specified in the order made under sub-section (1) of section 49 shall, on conviction, be punishable with fine which may extend to fifty rupees and in the case of a continuing failure with an additional fine which may extend to fifty rupees for every day during which such failure continues.]
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1. Section 106A was inserted by Bom. 43 of 1948, s. 22.
1[106B. Penalty for failure to nominate members on Council by employer
Any employer who fails to nominate his representatives to be appointed as members of the Council within the time limit specified for the constitution of the Council under sub-section (1) of section 53A shall, on conviction, be punishable with fine which may extend to fifty rupees and in the case of a continuing failure, with an additional fine which may extend to fifty rupees for every day during which such failure continues.]
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1. Section 106B was inserted by Guj. 21 of 1972, s. 4.
Any employer who acts in contravention of1[a model standing order notified and in operation under sub-section (5) of section 35 of] a standing order settled under Chapter VII shall, on conviction, be punishable with fine which may extend to Rs. 500 and in the case of a continuing contravention of such standing order, with an additional fine which may extend to Rs. 125 per day for every day during which such contravention continues.
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1. These words, brackets and figures were inserted by Guj. 8 of 1962, s. 20.
Any person who wilfully refuses entry to a Labour Officer or such Officer of an approved union as is authorised under section 25 to anyplace which he is entitled to enter, or fails to produce any document which he is required to produce or fails to comply with any requisition or order issued to him by or under the provisions of this Act or the rules made thereunder shall, on conviction, be punishable with fine which may extend to Rs. 500.
Whoever contravenes any of the provisions of this Act or of any rule made thereunder shall on conviction, if no other penalty is elsewhere provide by or under this Act for such contravention be punishable with fine which may extend to Rs. 100 and, in the event of such person having been previously convicted of an offence under this Act or any rule made thereunder with fine which may extend to Rs. 200.
The amount of any fine imposed and any compensation directed by any Court to be paid under this Act shall be recoverable as arrears of land revenue.
The amount of any fine imposed and any compensation directed by any Court to be paid under this Act shall be recoverable as arrears of land revenue.
The1[State] Government may in respect of any industry--
(a) maintain in the prescribed manner a record of industrial matters covered by the Schedules;
(b) require any employer or employers generally to maintain and submit copies of a record in such form as may be prescribed of--
(i) data relating to plant, premises and manufacture,
(ii) other industrial transactions and dealings,
which in the opinion of the1[State] Government are likely to affect the matters specified in clause (a).
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
(1) For the purpose of verifying the accuracy of any records maintained by an employer under the provisions of section 111, an officer authorised by the1[State] Government may, subject to the prescribed conditions hold an inquiry and may require any person to, and such person thereupon shall, produce any relevant record or document in his possession and may after reasonable notice, at any reasonable time enter any premises wherein he believes such record or document to be, and may ask any question necessary for verifying such records :
Provided that where such premises are not the usual business premises of a person, such officer shall not without the previous permission of the1[State] Government enter them under this sub-section.
(2) Any proceedings held by him for the purpose of obtaining information for such record shall be deemed to
(1) For the purpose of verifying the accuracy of any records maintained by an employer under the provisions of section 111, an officer authorised by the1[State] Government may, subject to the prescribed conditions hold an inquiry and may require any person to, and such person thereupon shall, produce any relevant record or document in his possession and may after reasonable notice, at any reasonable time enter any premises wherein he believes such record or document to be, and may ask any question necessary for verifying such records :
Provided that where such premises are not the usual business premises of a person, such officer shall not without the previous permission of the1[State] Government enter them under this sub-section.
(2) Any proceedings held by him for the purpose of obtaining information for such record shall be deemed to
The1[State] Government may, by notification in the Official Gazette at any time, make any additions to or alterations in the industrial matters specified in Schedule I, II or III or may delete therefrom any such matter :
Provided that before making any such addition, alteration or deletion a draft of such addition, alteration or deletion shall be published for the information of all persons likely to be affected there by and the1[State] Government shall consider any objection or suggestion that may be received by it from any person with respect thereto.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
1 [113A. Dismissalof certain applications for want of prosecution
The Registrar may, after giving fifteen days' notice, dismiss any application made under section 13, 16, 17 or 23 if he is satisfied that the applicant union has failed to pursue or prosecute the application, without any sufficient cause.]
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1. Section 113A was inserted byBom. 63 of 1953, s. 26.
(1) A registered agreement, or a settlement, submission or award shall be binding upon all persons who are parties thereto :
Provided that--
(a) in the case of an employer, who is a party to such agreement, settlement, submission or award, his successors in interest, heirs or assigns in respect of the undertaking as regards which the agreement, settlement, submission or award is made, and
(b) in the case of a registered union which is a party to such agreement, settlement, submission or award1[all employees in the industry in the local area whose representative, the said union is],
shall be bound by such agreement, settlement, submission or award.
(2) In cases in which a Representative Union is a party to
115. Order or decision of1[Wage Board or Labour Court] on whom binding
An order or decision of a1[Wage Board or Labour Court] against an empower shall bind his successors in interest, heirs and assigns in respect of the undertaking as regards which it is made or given and such order or decision against a registered union shall bind2[all employees in the industry in the local areas whose representative, the said union is].
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1. These words were substituted for the original by Bom. 43 of 1948, s. 23.
2. This portion was substituted for the original by Bom. 49 of 1955, s. 4.
1[115A. Order decision or award to be in terms of agreement between employer and Representative Union
If any agreement is arrived at between an employer and a Representative Union who are parties to any industrial dispute pending before an Arbitrator, Wage Board, Labour Court or Industrial Court, the order, decision or award in such proceeding shall be made in terms of such agreement, unless the Arbitrator, Wage Board, Labour Court or Industrial Court, is satisfied that the agreement was in contravention of any of the provisions of this Act or the consent of either party to it was caused by mistake, misrepresentation, fraud undue, influence, coercion or threat.]
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1. Section 115A was inserted by Bom. 55 of 1949, s. 18.
1[115B. Construction and interpretation of awards
Where any question arises regarding the construction or interpretation of any award, any employer or employee on whom such award is binding may--
(a) if the award was made by a Labour Court, Wage Board or Industrial Court, apply to the Court or Board which made the award, and
(b) if the award was made by any other arbitrator, apply to the Industrial Court,
for deciding the question. The Court or Board to which the application is made may, after giving the parties concerned an opportunity of being heard, decide the question and such decision shall be binding on the parties on whom the award is binding.]
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&
(1) A registered agreement or a settlement or award shall cease to have effect on the date specified therein or if no such date is specified therein, on the expiry of the period of two months from the date on which notice in writing to terminate such agreement, settlement or award as the case may be, is given in the prescribed manner by any of the parties thereto the other party :
Provided that no such notice shall be given till the expiry of three months after the agreement, settlement or award comes into operation.
(2) Nothing in this section shall prevent the terms of a registered agreement or a settlement1[or an award in terms of an agreement] being changed or modified by mutual consent of the parties affected thereby2[and the registered agreement, settlement or award shall be deemed to be changed or modified accordingly].
&
1[116A. Modification of award
(1) Any party who under the provisions of section 116 is entitled to, give notice of the termination of an award may instead of, giving such notice apply after the expiry of the period specified in sub-section (2), to the Industrial Court, the Labour Court or the Wage Board making the award, for its modification.
(2) Such application in the case of an award--
(a) which does not specify a date on which it shall ceased to have effect shall be made until the expiry of the period of two months from the date on which notice can be given to terminate the award under section 116;
(b) which provides that it shall remain in force for a period exceeding one year, shall not be made until the expiry of one year from the date of its
Where anything is required to be done by any union under this Act, the person authorised in this behalf by the executive of the union, and where no person is so authorised every member of the executive of the union, shall be bound to do the same and shall be personally liable if default is made in the doing of any such thing.
Explanation.--For the purposes of this section, the executive of a union means the body by whatever name called to which the management of the affairs of the union is entrusted.
(1) For the purpose of holding an inquiry or proceeding under this Act, the Registrar, a Conciliator,1[a Wage Board], Board, Labour Court in its ordinary jurisdiction, a Court of Enquiry and the Industrial Court shall have the same powers as are vested in Courts in respect of--
(a) proof of facts by affidavits;
(b) summoning and enforcing the attendance of any persons and examining him on oath;
(c) compelling the production of documents; and
(d) issuing commissions for the examination of witnesses.
(2) The Registrar, a Conciliator,1[a Wage Board] or Board shall also have such further powers as may be prescribed.
(3) For the purpose of obtaining the information
1[118B. Consequences of non-appearance of parties
(1) Where in any proceeding before the Industrial Court or a Labour Court, if either party in spite of notice of hearing having been duly served on it, does not appear when the matter is called on for hearing, the Court may either adjourn the hearing of the matter to a subsequent date or proceed ex-parte and make such award.
(2) Where any award, order or decision is made ex-parte under sub-section (1) the aggrieved party may, within thirty days of the receipt of a copy thereof, make an application to the Court, to set aside such award, order or decision. If the Industrial Court or Labour Court is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it may set aside the award, order or decision so made and shall appoint a date for proceeding with the matter
The Registrar, an Assistant Registrar, a Conciliator, a Labour Officer, an Assistant Labour Officer, an arbitrator,1[a member of a Wage Board], a member of a Board, an officer authorised under section 112, a Judge of a Labour Court, a member of the Industrial Court or a Court of Enquiry and a member of the staff of any of the said Courts shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code [XLV of 1860].
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1. This words were inserted by Bom. 43 of 1948, s. 26.
1[119A. Contempt of Industrial Court, Labour Courts and Wage Boards relating to commission to produce documents, etc.
(1) If any person--
(a) when ordered by the Industrial Court or a Labour Court or a Wage Board to produce or deliver up any document,2[or to furnish any information], being legally bound intentionally omits to do so; or
(b) when required by the Industrial Court or a Labour Court or a Wage Board to bind himself by an oath or affirmation to state the truth refuses to do so;
(c) being legally bound to state the truth on any subject to the Industrial Court or a Labour Court or a Wage Board refuses to answer any question demanded of him touching such subject by such Court or Board; or
(d) inten
1[119B. Other kinds of contempts of Industrial Court, Labour Courts and Wage Boards
(1) If any person commits any act or publishes any writing which is calculated to improperly influence the Industrial Court, or a Labour Court or a Wage Board or to bring such Court, Board, or a member or a Judge, thereof into disrepute or contempt or to lower its or his authority, or to interfere with the lawful process of any such Court or Board, such person shall be deemed to be guilty of contempt of such Court or Board, as the case may be.
(2) In the case of contempt of itself the Industrial Court shall record the fact constituting such contempt and make a report in that behalf to the High Court.
(3) In the case of contempt of a Wage Board or a Labour Court, such Board or Court shall record the facts consti
1[119C. Power of Industrial Court, etc. to decide all connected matters
Notwithstanding anything contained in this Act, the industrial Court, a Labour Court or a Wage Board, as the case may be, shall have the power to decide all matters arising out of the industrial matter or dispute referred to it for decision under any of the provisions of this Act.
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1. Sections 119C, 119D and 119E were inserted by Bom. 63 of 1953, s. 29.
1[119D. Power of Industrial Court, etc. to pass interim orders
In any proceeding before it under this Act, the Industrial Court, a Labour Court or a Wage Board may pass such interim orders as it may consider just and proper].
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1. Sections 119C, 119D and 119E were inserted by Bom. 63 of 1953, s. 29.
1[119E. Protection of action taken under this Act
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act.]
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1. Sections 119C, 119D and 119E were inserted by Bom. 63 of 1953, s. 29.
Nothing in this Act shall affect any of the provisions of the Trade Disputes Act, 1929, and no conciliation or arbitration proceeding shall be held under this Act relating to any matter or trade dispute which has been referred to and is pending before a Court of Enquiry or Board of Conciliation under the said Act.
1[120A. Provisions of Act XVI of 1947 not to be affected
Nothing in this Act shall affect any of the provisions of the Industrial Disputes Act, 1947, and no proceeding shall be held under this Act relating to any matter or dispute which has been referred to and is pending before a Board, a Court for inquiry, a Labour Court or a Tribunal Under the said Act.]
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1. Section 120A was inserted by Guj. 20 of 1961, s. 8.
1[121. Repeal of Bom. IX of 1934
The Bombay Trade Disputes Conciliator Act, 1934 [Bom. IX of 1934], is hereby repealed.]
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1. Section 121 was substituted for the original by Guj. 22 of 1966, s. 16.
The Bombay Industrial Disputes Act, 1938 [Bom. XXV of 1938], is hereby repealed:
Provided that-
(a) every appointment, order, rule, regulation, notification or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed, to have been made or issued under the provisions of this Act, unless and until superseded by any appointment, order, rule, regulation, notification, or notice made, issued or given under this Act ;
(b) any standing order settled, agreement registered, changes which have come into operation, settlements recorded or registered, submissions registered, awards made or orders passed by the Industrial Court, under the provisions of the Act so repealed shall be deemed to have been settl
(1) The1[State] Government may by notification in the Official Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters, namely :-
(a) the authority to be prescribed under sub-clause (c) of clause (14) of section 3;
(b) the manner in which the panels representing the interests of employers and employees shall be constituted and the manner in which vacancies in the Board of Conciliation shall be filled up under section 7 ;
(c) the qualifications for being eligible to be appointed to preside over Labour Courts under section 9 ;
(d) the form in which the registe
1[124. Delegation of powers
The State Government may by notification in the Official Gazette direct that any power exercisable 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 exercisable also by such officer or authority2[* *] as may be specified in the notification.]
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1. Section 124 was inserted by Guj. 8 of 1962, s. 26.
2. The words "subordinate to it" were deleted by Guj. 22 of 1966, s. 18.
SCHEDULE I
[Section 35]
1. Classification of employees e.g. permanent, temporary, apprentices, probationers, badlis, etc.
1 [1A. Employee's tickets, cards, registers and service certificates.]
2. Manner of notification to employees of periods and hours or work, holidays, pay days and wage rates.
3. 2 [Shift working including notice] to be given to employees of starting alteration or discontinuance of two or more shifts in a department or departments.
4. Closure or reopening of a department or a section of a department or the whole of the undertaking.
5. Attendance and late coming.
&nb
SCHEDULE II
[Section 42]
1. Reduction intended to be of permanent or semi-permanent character in the number of1[posts or persons] employed or to be employed in any occupation or process or department or departments or in a shift not due to force majeure.
2. Permanent or semi-permanent increase in the number of persons employed or to be employed in any occupation or process or department or departments.
3. Dismissal of any employee except as provided for in the standing orders applicable under this Act.
4. Rationalisation or other efficiency systems of work2whether by way of
3[5. All matters pertaining to shift working which are not covered by the standing order
Schedule II of the Gujarat Industrial Relations Act, 1946, delineates specific industrial matters that require prior notice to be given by employers before implementing certain changes. It forms an essential part of the statutory framework aimed at regulating industrial relations and ensuring transparency and fairness in employment practices.
Schedule II lists the industrial matters for which an employer must give notice of change to the appropriate authority or union before effecting such changes. These matters typically include modifications in employment conditions, work hours, wages, and other employment terms, ensuring that employees and their representatives are adequately informed and can respond or negotiate.
SCHEDULE III
[Section 42]
(1) Adequacy and quality of materials and equipment supplied to the workers.
(2) Assignment of work and transfer of workers within the establishment.
(3) Health, safety and welfare of employees (including water, dining sheds, rest sheds, latrines, urinals, creches, restaurants and such other amenities).
(4) Matters relating to trade union organisation, membership and levies.
(5) Construction and interpretation of 1 [* *] agreements and settlements.
(6) Employment including--
(i) reinstatement and recruitment;
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