U.P. INDUSTRIAL DISPUTES ACT, 1947

Act No. XXVIII of 1947

December 21, 1947

An Act to provide for powers to prevent strikes and lock-outs, to settle industrial disputes and for other incidental matters. Whereas it is necessary to provide for powers to prevent strikes and lock-outs, and for the settlement of industrial disputes and other incidental matter : it is hereby enacted as follows :

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S.1 Short title, extent and commencement

(1) This Act may be called "The Uttar Pradesh Industrial Disputes Act, 1947".

(2) It extends to the whole of [Uttar Pradesh].

(3) It shall come into force on such date as the [State Government] may by notification in the Official Gazette, appoint in this behalf.

Note. --The provisions contained in this Act shall not apply to co-operative societies.[VideU.P. Act XI of 1966, S. 135.]

S.2 Definitions

• (a) 'Apprentice' means a person employed in an industry for the purpose of training therein in accordance with a scheme prepared in that behalf and approved by the State Government;
• (b) 'Average Pay' means the average of the wages payable to a workman--
  • (i) in the case of monthly paid workman, in the three complete calendar months;
  • (ii) in the case of weekly paid workman, in the four complete weeks;
  • (iii) in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average shall be calculated as the average of the wages payable to a workman during the period he actually worked;
• (c) 'Award' means an interim or final determination of any industrial dispute or of any q
  

S.2A Dismissal etc., of an individual workman to be deemed to be an industrial dispute

Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman any dispute or difference between that workman and his employer connected with or arising out of such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.

S.3 Power to prevent strikes, lock-outs, etc

If, in the opinion of the [State Government] it is necessary or expedient so to do for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community, or for maintaining employment, it may, by general or special order, make provision--

• (a) for prohibiting, subject to the provisions of the order, strikes or lock-outs generally, or a strike or lock-out in connection with any industrial dispute;
• (b) for requiring employers, workmen or both to observe for such period, as may be specified in the order, such terms and conditions of employment as may be determined in accordance with the order;
• (c) [for appointing committees, representative both of the employer and workmen for securing amity and good relations between the employer and workmen and for settling industrial disputes by conciliation; for consultation and advice on matters relating to production, organization, welfare and
  

S.3A Control of trade or business of public utility service or a subsidiary undertaking

(1) Where the trade or business of any public utility service or any subsidiary undertaking has closed or is likely to be closed the State Government may, on the application of more than one-half of the total number of partners and owning between them more than fifty per cent share therein, by order, published in the Gazette, authorize any person to carry on the trade or business, for the period in the manner and to the extent provided in the order :

Provided that no such order shall be made unless the State Government is further satisfied that it is necessary for the maintenance of supplies and services essential to the life of the community or for maintaining employment :

Provided further that the State Government may, from time to time, by order, published in the Gazette, extend the period specified in the order aforesaid.

(2) While a person authorized under sub-section (1) is carrying on the trade or business of the service or undertaking,--

• (a
  

S.3B Person exercising control under Section 3(f) to be deemed to be appointed under Section 3-A

Where on the date immediately preceding the date of the commencement on the Uttar Pradesh Industrial Disputes (Amendment) Act, 1950 any person was, in pursuance of an order made under clause (f) of Section 3, exercising control over any public utility service or any subsidiary undertaking, he shall, notwithstanding anything in the said clause or Section 3-A, be deemed from the commencement of the said Act to have been a person validly authorized under and in accordance with Section 3-A and the order aforesaid shall have effect as if it were an order duly or validly passed under Section 3-A.

S.4

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S.4A Labour Court

(1) The State Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the First Schedule and for performing such other function as may be assigned to them under this Act.

(2) A Labour Court shall consist of one person only to be appointed by the State Government.

(3) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court unless,--

• (a) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or
• (b) he has held the Office of the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950, or of any Tribunal, for a period of not less than two years; or
• (c) he has been a Presiding Officer of a Labour Court constituted under any Provincial Act or State Act for a period
  

S.4B Tribunal

(1) The State Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter whether specified in the First Schedule or the Second Schedule.

(2) A Tribunal shall, except where otherwise provided under Section 5-A, consist of one person only to be appointed by the State Government.

(3) A person shall not be qualified for appointed as the Presiding Officer of a Tribunal unless,--

• (a) he is or has been a Judge of a High Court; or
• (aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or
• (b) he has held the Office of the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950, for a period of not less than two years or of any Tribunal constituted under the Uttar Pradesh Industrial Disputes Act, 1947, for a
  

S.4C Disqualifications for the Presiding Officer of Labour Court or Tribunal

No person shall be appointed to or continue in, the Office of the Presiding Officer of a Labour Court or Tribunal, if,--

• (i) he is not an independent person; or
• (ii) he has attained the age of 65 years.

S.4D List of persons for appointment as Presiding Officer of Labour Court and Tribunal

For the purpose of constituting a Labour Court under Section 4-A and an Industrial Tribunal under Section 4-B the State Government shall cause to be prepared,--

• (i) a list of all persons who may be appointed Presiding Officer of a Labour Court, and
• (ii) a list of all persons who may be appointed Presiding Officer of an Industrial Tribunal, and shall maintain the list by making such alternation therein as may, from time to time, be reported by the Committee appointed under Section 4-E.

S.4E Committee to prepare lists under Section 4-D

(1) The State Government shall constitute a committee consisting of the following,--

• (a) two Judges of the High Court nominated by the Chief Justice of the High Court. The Judge, who is senior, shall be the Chairman;
• (b) the Chief Secretary to the State Government;
• (c) the Principal Secretary or Secretary as the case may be, to the State Government in the Labour Department;
• (d) the Principal Secretary to the State Government in the Legislative Department;
• (e) the Principal Secretary to the State Government in the Judicial Department;
• (f) the Labour Commissioner, Uttar Pradesh;
• (g) a person who is, or has been, a member of a Police Service Commissioner, appointed by the State Government.

(2) The committee constituted under sub-section (1) shall, in the manner prescribed, prepare the lists referred to in Section 4-D having regard,--

• (a) in the case of the list referred to in clause (i) of th
  

S.4F Conciliation Officer

(1) The State Government may, by notification in the Official Gazette, appoint such number of persons as it thinks fit, to be Conciliation Officers, charged with the duty of mediating in, and promoting the settlement of, industrial disputes, in the manner to be prescribed.

(2) A Conciliation Officer may be appointed for specified area or areas.

S.4G Filling of vacancies

If, for any reason a vacancy occurs in the Office of the Presiding Officer of a Labour Court or Tribunal, the State Government shall appoint any other person in accordance with the provisions of this Act to fill the vacancy, and the proceedings may be continued before the Labour Court or Tribunal, as the case may be, from the stage at which the vacancy is filled.

S.4H Finality of orders

No order of the State Government appointing any person on the Board or as the Presiding Officer of a Labour Court or Tribunal shall be called in question in any manner; and no act or proceeding before any Board, Labour Court or Tribunal shall be called in question in any manner on the ground merely of the existence of any vacancy in, or defect in, the Constitution of such Board, Labour Court or Tribunal.

S.4I Notice of change

No employer who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Third Schedule, shall effect such change,--

• (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or
• (b) within twenty-one days of giving such notice :

Provided that no notice shall be required for effecting any such change,--

• (i) where the change is effected in pursuance of any settlement, award or decision of the Appellate Tribunal constituted under the Industrial Disputes (Appellate) Tribunal Act, 1950; or
• (ii) where the change is likely to affect workmen who are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Civil Service Regulations or any other rules or regulations th
  

S.4J Power of Government to exempt

Where the State Government is of opinion that the application of the provisions of Section 4-I to any class of industrial establishments or to any class of workmen employed in any industrial establishment affects the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the State Government may, by notification in the Official Gazette, direct that the provisions of the said section shall not apply, or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workmen employed in any industrial establishment.

S.4K Reference of disputes to Labour Court or Tribunal

Where the State Government is of opinion that any industrial dispute exists or is apprehended, it may at any time by order in writing refer the dispute or any matter appearing to be connected with, or relevant to, the dispute to a Labour Court if the matter of industrial dispute is one of those contained in the First Schedule, or to a Tribunal if the matter of dispute is one contained in the First Schedule or the Second Schedule for adjudication.

Provided that where the dispute relates to any matter specified in the Second Schedule and is not likely to affect more than one hundred workmen, the State Government may, if it so thinks fit, make the reference to a Labour Court.

S.5 Power to include other undertaking in any adjudication

(1) Where an industrial dispute referred to adjudication [under Section 4-A] has arisen only in a particular undertaking or group of undertaking, the [State Government] may include in the adjudication proceedings any other undertaking either of its own motion or on an application received in this behalf, whether an industrial dispute exists at the time in that undertaking or not, provided that the [State Government] is satisfied--

• (i) that the undertaking to be so included is engaged in the same type of industry or business as the undertaking or the group of undertaking in which the industrial dispute referred for adjudication has arisen; and
• (ii) that the issues involved in the industrial dispute referred for adjudication have already given rise, or are such as, in the circumstances, may reasonably be expected to give rise, to a similar dispute in the undertaking to be so included.

(2) Where an undertaking has been included in adjudication proce

S.5A Special composition of Tribunal

(1) Where any industrial dispute may be referred to an Industrial Tribunal under Section 4-K, the State Government, if, having regard to the nature of the dispute and the effect which its decision is likely to have on industry or any section thereof, or, if the dispute is such as is likely to affect more than one industrial establishment, it so considers necessary, any constitute, notwithstanding anything in the said section, a tribunal consisting of three persons, of whom one to be designated by the State Government, shall be the Chairman.

(2) Except as provided in sub-section (1) all the provisions of this Act relating to the constitution of an industrial tribunal, the qualification and disqualification of persons to be appointed thereto, the powers and duties of such tribunals, the procedure to be followed by it in the hearing and disposal of industrial disputes, the making of the award, its modification and enforcement shall mutatis mutandis apply to a tribunal constitut

S.5B Voluntary reference of disputes to arbitration

(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under Section 4-K to a Labour Court or Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the Presiding Officer of a Labour Court or a Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.

(2) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.

(3) A copy of the arbitration agreement shall be forwarded to the State Government, the Conciliation Officer and Labour Commissioner, and the State Government shall within fourteen days from the date of receipt of such copy, publish the same in the official Gazette.

(4) The arbitrator or arbitrators shall invest

S.5C Procedure and powers of Boards, Labour Courts and Tribunals

(1) Subject to any rules that may be made in this behalf, an arbitrator, a Labour Court or a Tribunal shall follow such procedure as the arbitrator, the Labour Court or the Tribunal concerned may think fit.

(2) A Presiding Officer of a Labour Court or a Tribunal may for the purpose of enquiry into any existing or apprehended industrial disputes, after giving reasonable notice, enter the premises occupied by any establishment to which the disputes relates.

(3) Every Board, Labour Court and Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely,--

• (a) enforcing the attendance of any person and examining him on oath or affirmation or otherwise;
• (b) requiring the discovery and production of documents and material objects;
• (c) issuing commissions for the examination of witnesses;
• (d) inspection of any property or tiling
  

S.5D Power of the Conciliation Officer

(1) A Conciliation Officer may call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or which he considers necessary for verifying the implementation of any award or for carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the Conciliation Officer shall have the same powers as are vested in a Civil Court under the Civil Procedure Code, 1908, in respect of compelling the production of documents before it.

(2) A Conciliation Officer may, for the purpose of enquiry into any existing or apprehended dispute, after giving reasonable notice enter the premises occupied by any establishment.

S.5E Award of Costs

Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before an arbitrator, a Labour Court or Tribunal shall be in the discretion of the arbitrator, Labour Court or Tribunal, and the arbitrator, Labour Court or Tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and subject to what condition, if any, such costs are to be paid, and to give all necessary directions for the purpose aforesaid and such costs may, on application made to the State Government by the person entitled be recovered by the State Government in the same manner as an arrear of land revenue.

S.6 Awards and action to be taken thereon

(1) While an industrial dispute has been referred to a Labour Court or Tribunal for adjudication, it shall hold its proceedings expeditiously and shall as soon as it is practicable on the conclusion thereof, submit its award to the State Government.

(2) The award of a Labour Court or Tribunal shall be in writing and shall be signed by its Presiding Officer.

(2-A) An award in an industrial dispute relating to the discharge or dismissal of a workman may direct the setting aside of the discharge or dismissal and reinstatement of the workman on such terms and conditions, if any, as the authority making the award may think fit, or granting such other relief to the workman, including the substitution of any lesser punishment for discharge or dismissal, as the circumstances of the case may require.

(3) Subject to the provisions of sub-section (4) every arbitration award and the award of a Labour Court or Tribunal, shall, within a period of thirty days from the date of

S.6A Commencement of the award

(1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under Section 6 :

Provided that if the State Government is of the opinion that it will be inexpedient [on public grounds affecting national or State economy or social justice] to give effect to the whole or any part of the award, the State Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days :

Provided further that an arbitration award shall not become enforceable where the State Government after such enquiry as it considers necessary, is satisfied that the same has been given or obtained through collusion, fraud or misrepresentation.

(2) Where any declaration has been made in relation to an award under the first proviso to sub-section (1), the State Government may within ninety days from the date of publication of the award und

S.6B Settlement outside conciliation proceedings

(1) A settlement arrived at by agreement between the employer and workmen otherwise than in the course of conciliation proceeding shall except as provided in sub-section (4), be binding on the parties to the agreement :

Provided that if the period for which a settlement shall remain in force has not been laid down in such settlement itself, it remain in force for one year from the date of its registration.

(2) As soon as settlement referred to in sub-section (1) has been arrived at, the parties to the settlement or any one of them may apply to the Conciliation Officer of the area concerned in the prescribed manner for registration of the settlement.

(3) On receipt of application for registration under sub-section (2) the Conciliation Officer or an authority noticed by the State Government in this behalf, either : (i) register the settlement in the prescribed manner, or (ii) refuse registration if it considers it to be inexpedient to do so on public grounds affe

S.6C Award of Labour Court or Tribunal or arbitration and its operation

An award shall in the first instance remain in operation for a period of one year or such shorter period as may be specified therein :

Provided that the State Government may extend the period of operation of an award from time to time, if it thinks fit :

Provided further that where the State Government whether of its own motion or on the application of any party bound by the award, considers that since the award was made there has been a material change in the circumstances on which it was based, the State Government may, after such enquiry as it may think fit, shorten the period of operation of the award.

S.6D Commencement and conclusion of proceeding

Proceedings before a Labour Court or Tribunal shall be deemed to have commenced on the date of reference of a dispute to adjudication, and such proceedings shall be deemed to have concluded on the date on which the award becomes enforceable under Section 6-A.

S.6E Conditions of service, etc. to remain unchanged in certain circumstances during the pendency of proceedings

(1) During the pendency of any conciliation proceeding before a Conciliation Officer or a Board or of any proceeding before a Labour Court or Tribunal in respect of an industrial dispute, no employer shall,--

• (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding, or
• (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise any workman concerned in such dispute save with the express permission in writing of the authority before which the proceeding is pending.

(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute,--

• (a) alter, in regard to any matter not connected with the dispute, the co
  

S.6F Special provision for adjudication as to whether the conditions of service, etc. changed during the pendency of proceedings

Where an employer contravenes the provisions of Section 6-E during the pendency of proceedings before a Labour Court or Tribunal, any workman aggrieved by such contravention may make a complaint in writing in the prescribed manner, to the Labour Court or Tribunal as the case may be, and on receipt of such complaint that Labour Court or Tribunal as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with this Act and shall submit its award to the State Government and the provisions of this Act shall apply accordingly.

S.6G Power to transfer certain proceedings

(1) The State Government may by order in writing for reasons to be recorded withdraw and transfer a proceeding from,--

• (i) one Labour Court to another Labour Court or any Tribunal;
• (ii) one Tribunal, to another Tribunal or to a Labour Court if the dispute is within the jurisdiction of the Labour Court, for the disposal of the proceeding and the Labour Court or Tribunal to which the proceeding is so transferred may, subject to any special directions in the order of transfer, proceed either de novo or from the stage at which the proceeding was so transferred.

(2) Without prejudice to the provisions of sub-section (1) any Tribunal, if so authorized by the State Government, may transfer any proceeding under Section 6-E or Section 6-F pending before it to any one of the Labour Courts specified for the disposal of such proceedings by the State Government by notification in the Official Gazette and the Labour Court to which the proceeding is so transfer

S.6H Recovery of money due from an employer

(1) Where any money is due to a workman from an employer under the provisions of Section 6-J to 6-R or under a settlement or award, or under an award given by an adjudicator or the State Industrial Tribunal appointed or constituted under this Act, before the commencement of the Uttar Pradesh Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, the workman may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the money due to him, and if the State Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same as if it were an arrear of land revenue.

(2) Where any workman is entitled to receive from the employer any benefit which is capable of being computed in terms of money, the amount at which such benefit should be computed may, subject to any rules that may be made under this Act, be determined by such La

S.6I Representation of the parties

(1) Subject to the provisions of subsections (2) and (3), the parties to an industrial dispute may be represented before a Board, Labour Court, or Tribunal in the manner prescribed.

(2) No party to any proceeding before a Board shall be represented by a legal practitioner, and no party to any proceeding before a Labour Court or Tribunal shall be represented by a legal practitioner, unless the consent of the other party or parties to the proceeding and the leave of the Presiding Officer of the Labour Court or Tribunal, as the case may be, has been obtained.

(3) No officer of a Union shall be entitled to represent any party unless a period of two years has elapsed since its registration under the Indian Trade Unions Act, 1926, and the Union has been registered for one trade only :

Provided that an officer of a federation of unions may subject to such conditions as may be prescribed represent any party.

S.6J Non-application of the provision for lay-off in certain cases

(1) Sections 6-K to 6-M inclusive shall not apply,--

• (a) to industrial establishments in which less than fifty workmen on an average per working day have been employed in the preceding calendar month, or
• (b) to industrial establishments which are of a seasonal character or in which work is performed only intermittently.

(2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the State Government thereon shall be final.

Explanation.--In this section and in Sections 6-K, 6-L and 6-M industrial establishment means,--

• (i) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or
• (ii) a mine as defined in clause (f) of Section 2 of the Mines Act, 1952, or
• (iii) a plantation as defined in clause (f) of Section 2 of the Plantations Labour Act, 1951.

S.6K Right of workmen laid-off for compensation

(1) Whenever a workman (other than a substitute or a casual workman) whose name is borne on the muster-rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, he shall be paid by the employer for all days during which he is so laid-off except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off.

Provided that the compensation payable to a workman during any period of twelve months shall not be for more than forty-five days.

(2) Notwithstanding anything contained in the proviso to sub-section (1), if during any period of twelve months, a workman is laid-off for more than forty-five days, whether continuously or intermittently, and the lay-off after the expiry of the first forty-five days comprises continuous periods of one week or mo

S.6L Duty of an employer to maintain muster-rolls of workmen

Notwithstanding that workmen in any industrial establishment have been laid off, it shall be the duty of every employer to maintain for the purposes of Sections 6-J to 6-R a muster-roll, and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours.

S.6M Workmen not entitled to compensation in certain cases

No compensation shall be paid to a workman who has been laid-off,--

• (i) if he refuses to accept any alternative employment in the same establishment from which he has been laid-off, or in any other establishment belonging to the same employer situated in the same town or village or situated within a radius of five miles from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any special skill or previous experience and can be done by the workman, provided that the wages which would normally have been paid to the workman are offered for the alternative employment also;
• (ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day;
• (iii) if such laying-off is due to a strike or slowing down of production on the part of workmen in another part of the establishment.

S.6N Conditions precedent to retrenchment of workmen

No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until,--

• (a) the workman has been given one months notice in writing indicating the reasons for retrenchment and the period of notice has expired or the workman has been paid in lieu of such notice wages for the period of the notice;

  Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for the termination of service;

• (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days average pay for every completed year of service or any part thereof in excess of six months; and
• (c) notice in the prescribed manner is served on the State Government.

S.6O Special provisions relating to workmen employed in undertakings which are transferred

Notwithstanding anything contained in Section 6-N no workman shall be entitled to compensation under that section by reason merely of the fact that there has been a change of employers in any case where the ownership or management of the undertaking in which he is employed is transferred, whether by agreement or by operation of law, from one employer to another :

Provided that,--

• (a) the service of the workman has not been interrupted by reason of the transfer;
• (b) the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer; and
• (c) the employer to whom the ownership or management of the undertaking is so transferred is, under the terms of the transfer or otherwise, legally liable to pay to the workman in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been
  

S.6P Procedure for retrenchment

Where any workman in an industrial establishment who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any-agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman

S.6Q Re-employment of retrenched workmen

Where any workmen are retrenched, and the employer proposes to take into his employ any persons, he shall, in such manner as may be prescribed give an opportunity to the retrenched workmen to offer themselves for re-employment, and the retrenched workmen who offer themselves for re-employment shall have preference over other persons.

S.6R Effect of laws inconsistent with Sections 6-J to 6-Q

(1) The provision from Sections 6-J to 6-Q shall have effect notwithstanding anything inconsistent therewith contained in any other law (including Standing Orders) made under the Industrial Employment (Standing Orders) Act, 1946 :

Provided that nothing contained in this Act shall have effect to derogate from any right which a workman has under the Minimum Wages Act, 1948, or any notification or order issued thereunder or any award for the time being in operation or any contract with the employer.

(2) For the removal of doubts, it is hereby declared that nothing contained in Sections 6-J to 6-R shall be deemed to affect the provision of any other law for the time being in force so far as that law provides for the settlement of industrial disputes, but the rights and liabilities of employers and workmen in so far as they relate to lay-off and retrenchment shall be determined in accordance with the provisions of Sections 6-J to 6-Q.

S.6S Prohibition of illegal strikes and lock-outs

(1) No person employed in an industrial establishment shall go on strike,--

• (a) without giving to the employer a notice of strike within thirty days before striking; or
• (b) within fourteen days of giving such notice; or
• (c) before the expiry of the date of strike specified in any such notice as aforesaid; or
• (d) during the pendency of any conciliation proceeding before a Conciliation Officer or a Board and thirty days after the conclusion of such proceeding, if he is concerned in the dispute which is the subject-matter of such proceeding; or
• (e) between the commencement and the conclusion of proceeding before a Labour Court or a Tribunal, if he is concerned in the dispute which is the subject-matter of such proceeding; or
• (f) during any period in which a settlement or award is in operation, in respect of the matters covered by the settlement or award.

(2) No employer shall lock out any of his workmen,--

S.6T Illegal strikes and lock-outs

(1) A strike or lock-out shall be illegal if it is commenced or declared in contravention of Section 6-S or is continued beyond the date on which the industrial dispute to which the strike or, as the case may be, the lock-out relates, is taken up by a Board or is referred for adjudication to a Labour Court or Tribunal.

(2) A strike declared in consequence of an illegal lock-out or a lock-out declared in consequence of an illegal strike in an industrial establishment shall not be deemed to be illegal

S.6U Prohibition of instigation or incitement to illegal strikes and lock-out

No person shall aid, instigate or incite others to take part in or otherwise act in furtherance of any strike or lock-out which is, or when commenced, will be in contravention of the provisions of this Act.

S.6V Application of Sections 6-W and 6-X

(1) The provisions of Sections 6-W and 6-X shall apply to an industrial establishment pertaining to an industry other than an industry referred to in sub-clause (i) of clause (a) of Section 2 of the Industrial Disputes Act, 1947 (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months;

(2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently; the decision of the State Government thereon shall be final

S.6W Procedure for closing down an undertaking

(1) An employer who intends to close down an undertaking of an industrial establishment shall, in the prescribed manner, apply, for prior permission, at least ninety days before the date on which the intended closure is to become effective, to the State Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner :

Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work.

(2) Where an application for permission has been made under sub-section (1), the State Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having regard to the genuineness and adequacy of the reasons

S.6X Special provisions as to the restarting of certain undertakings

(1) If the State Government is of opinion in respect of any undertaking of an industrial establishment which has been closed down before or after the commencement of the Uttar Pradesh Industrial Disputes (Amendment) Act, 1983,--

• (a) that such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer;
• (b) that there are possibilities of restarting the undertaking;
• (c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community of restart the undertaking or both; and
• (d) that the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking;

it may, after giving an opportunity to such employer and workmen for reason, to be recorded in writing direct, by order published in the Gazette, that the unde

S.7 Power to continue order passed under other enactments

Without prejudice to the generality of the powers vesting under [the provisions of this Act] the [State Government] may, by order, for the purposes contemplated in Section 3--

• (i) continue, with such modifications as it may consider necessary, under such conditions and such period as may be specified in the order, any order which was previously passed under any other enactment in force, enforcing all or any of the decisions of an adjudicator or recommendations of a conciliator or any agreement reached in conciliation proceedings between the parties to an industrial dispute;
• (ii) enforce [in the prescribed manner] for such period as may be specified, the whole or any part of an agreement reached in conciliation proceedings between the parties to an industrial dispute.

S.8 Power to obtain information

Without prejudice to any other provision contained in this Act the [State Government] or an officer authorised by it in this behalf may--

• (i) require by order any person to furnish or produce before any specified authority or person such information or article in his possession as may be specified in the order, being information or article which the [State Government] or such officer considers it necessary or expedient to obtain or examine for the purposes of this Act;
• (ii) authorise any person to enter or search any premises, or to inspect and seize any books or other documents or articles belonging to or under the control of any person which the [State Government] or the officer making the order may consider necessary for enforcing such order.

S.9 False statements

If any person--

• (i) when required by order to make any statement or furnish any information, makes any statement or furnishes any information which he knows or has reasonable cause to believe to be false, or not true, in any material particular; or
• (ii) makes any such statement as aforesaid in any account, declaration, estimate, return or other document, which he it. required by order to furnish, he shall be punishable with imprisonment for a term which extend to three years, or with fine or with both.

S.10 Power to require production of books, etc.

Where any person is required by order to make any statement or furnish any Zinformation to any authority, that authority may by order with a view to verifying the statement made or the information furnished by such person, further require him to produce any books, accounts or other documents relating thereto which may be in his possession or under his control.

S.11 Prohibition against disclosing information

(1) No person who obtains any information by virtue of this Act, shall, otherwise than in connexion will the execution of the provisions of this Act or of any order made in pursuance thereof, disclose that information to any other person except with permission granted by or on behalf of the [State Government.]

(2) If any person contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term which may extend to two years to with fine or with both.

S.11A 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 authority subordinate to the State Government as may be specified in the notification.

S.11B Powers to remove difficulties

(1) If in the opinion of the State Government any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such Labour Court or Tribunal as it may think fit.

(2) The Labour Court or Tribunal to which such question is referred shall after giving the parties an opportunity of being heard decide such question and its decision shall be final and binding on all such parties.

S.11C Interpretation, etc. of standing orders

If any question arises as to the application or interpretation of a standing order certified under the Industrial Employment (Standing Orders) Act, 1946, any employer or workman may refer the question to any one of the Labour Courts specified for the disposal of such proceeding by the State Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties.

S.11D Conciliation Officers and certain others to be public servants

Every Conciliation Officer and every member and Chairman of a Board and every Presiding Officer of a Labour Court or Tribunal shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.

S.11E Labour Court or Tribunal to be deemed Civil Court for certain purposes

Every Labour Court or Tribunal shall be deemed to be a Civil Court for the purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898.

S.11F Powers of the Labour Court or Tribunal in relation to contempt

(1) If any person,--

• (a) when ordered by a Labour Court or Tribunal to produce or deliver up any document, being legally bound, intentionally omits to do so, or
• (b) when required by a Labour Court or Tribunal to bind himself by an oath or affirmation to state the truth, refuses to do so, or
• (c) being legally bound to state the truth on any subject to a Labour Court or Tribunal refuses to answer any question put to him touching such subject by such Labour Court or Tribunal, or
• (d) refuses to sign any statement made by him when required to do so by a Labour Court or Tribunal, or
• (e) intentionally offers any insult or causes any interruption to a Labour Court or Tribunal at any stage of its judicial proceedings, he shall be deemed to be guilty of contempt of such Labour Court or Tribunal, as the case may be.

(2) If any person commits any act or publishes any writing, which is calculated to improperly influence a Labour Cou

S.12 Power under Industrial Disputes Act, 1947 to continue

Unless any order made under this Act makes express provision to the contrary, nothing in this Act shall affect the power of the State Government to refer any industrial dispute or matters connected therewith under the Industrial Disputes Act, 1947, or to deal with any or settlement in accordance with the provisions of that Act.

S.12A Section 12A

For the removal of doubts it is hereby declared that nothing in this Act shall be deemed to preclude the Central Government from constituting a National Tribunal under the Industrial Disputes Act, 1947, for the time being in force or any such Tribunal from exercising any powers conferred upon it under that Act.

S.13 Arbitration Act, 1940 not to apply

Nothing in the Arbitration Act, 1940, shall apply to any proceedings under any other made under this Act.

S.14 Penalty

Whoever contravenes any of the provisions of this Act or any rule or order made thereunder shall, if no other penalty is provided by or under the Act for such contravention, be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

S.14A Penalty for breach of term of award

Any person who commits a breach of any term of any settlement or award, which is binding on him under this act, shall be punishable with imprisonment for a term which may extend to six months or with fine, or with both, and where the breach is a continuing one, with further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first and the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid by way of compensation, to any person who, in its opinion has been injured by such breach.

S.14B Section 14B

(1) Any employer who closes down an undertaking in contravention of the provisions of Section 3 or Section 6-W shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

(2) Any employer, who contravenes a direction given under Section 6-X shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction.

S.15 Offence to be deemed cognizable

Notwithstanding anything contained in the Second Schedule to the Code of Criminal Procedure, 1898, any police officer may arrest without warrant any person who is reasonable suspected of having committed, or of committing or of being about to commit a contravention of any rule or order made under this Act.

S.16 Cognizance of offence

(1) No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by the District Magistrate or by a public servant other than a District Magistrate with the previous sanction in writing of the District Magistrate.

(2) No court inferior to that of a magistrate of the first class shall try any offence punishable under this Act.

S.17 Effect or provisions inconsistent with other enactments

Any rule or order made or deemed to be made under this Act shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or in any instrument having effect by virtue of any other enactment.

S.18 Attempt and abetment

Any person who attempts to contravene or abets a contravention of any rule or order made or deemed to be made under this Act shall be deemed to have contravened that order.

S.19 Publication, affixation and defacement of notice

(1) Save as otherwise expressly provided in an order made under this Act, every authority, officer or person who makes any order in writing in pursuance of this Act [other than an award] shall in the case of an order of a general nature or affecting a class of persons, publish notice of such order in such manner as may in the opinion of such authority, officer or person, be best adapted for informing persons whom the order concerns and in the case of an order affecting an individual corporation or firm serve or cause the order to be served in the manner provided for the service of a summons in Order XXIX, Rule 2, or Order XXX, Rule 3, of the Code of Civil Procedure, 1908 as the case may be, and in the case of an order affecting an individual person (not being a corporation or firm) serve or cause the order to be served on that person--

• (i) personally by delivering or tendering to him the order; or
• (ii) by post; or
• (iii) where the person cannot be foun
  

S.20 Offence by a corporation

If the person contravening a rule or order made or deemed to be made under this Act is a company or other body corporate, every director, manager, secretary, or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.

S.21 Saving

(1) The provisions of Section 6 of the United Provinces General Clauses Act, 1904, shall apply upon the expiry or withdrawal of the United Provinces Industrial Disputes Ordinance, 1947, and the United Provinces Industrial Disputes (Second) Ordinance, 1947, as if they had then been repealed by a [Uttar Pradesh) Act; and any order or appointment made or deemed to be made under the said Ordinances and in force immediately before the commencement of this Act shall continue in force and be deemed to be an order or appointment made under this Act.

(2) No order made in exercise of any power conferred by or under this Act or the said Ordinances shall be called in question in any court.

(3) When any order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act or the said Ordinances, a court shall, within the meaning of Indian Evidence Act, 1872, presume that such order was so made by that authority.

S.22 Protection

(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made or deemed to be made thereunder.

(2) No suit or legal proceedings shall lie against the [Government] for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made or deemed to be made thereunder.

S.23 Rule-making power

(1) The [State Government] may make rules consistent with this Act for giving effect to the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power such rules may provide for--

• (a) the manner of appointment of Presiding Officer of Labour Courts and Tribunals and the conditions of their employments;
• (b) the manner in which reference shall be made to a Labour Court of a Tribunal;
• (c) the manner of appointment of Conciliation Officers and the conditions of their employment;
• (d) the procedure to be followed in conciliation proceedings;
• (e) the manner of remission of award by the State Government to the adjudicating authority;
• (f) the manner of registration of settlements;
• (g) the manner and the form in which muster-rolls of workmen shall be maintained; and
• (h) the matter which are to be and may be prescribed.

(3) All rules made under this section, shall as soo