The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

S.1 Short title.

This Act may be called the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

S.2 Extent, commencement and application.

(1) This Act extends to the whole of the State of Maharashtra.

(2) It shall come into force on such date¹ as the State Government may, by notification in the Official Gazette, appoint ; and different dates may be appointed for different areas and for different provisions of this Act.

(3) Except as otherwise hereinafter provided, this Act shall apply to the industries to which the ²Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), for the time being applies, and also to any industry as defined in clause (j) of section 2 of the Industrial Disputes Act, 1947 (XIV of 1947), and the State Government in relation to any industrial dispute concerning such industry is the appropriate Government under that Act:

Provided

S.3 Definitions.

In this Act, unless the context requires otherwise,-

(1) "Bombay Act" means the ¹Bombay Industrial Relations Act, 1946 (Bom. XI of 1947);

(2) "Central Act" means the Industrial Disputes Act, 1947 (XIV of 1947);

(3) "concern" means any premises including the precincts thereof where any industry to which the Central Act applies is carried on;

(4) "Court" for the purposes of Chapters VI and VII means the Industrial Court, or as the case may be, the Labour Court;

S.4 Industrial Court.

(1) The State Government shall by notification in the Official Gazette, Court. constitute an Industrial Court.

(2) The Industrial Court shall consist of not less than three members, one of whom shall be the President.

(3) Every member of the Industrial Court shall be a person who is not connected with the complaint referred to that Court, or with any industry directly affected by such complaint:

Provided that, every member shall be deemed to be connected with a complaint or with an industry by reason of his having shares in a company which is connected with, or likely to be affected by, such complaint, unless he discloses to the State Government the nature and extent of the shares held by him in such company and in the opinion of the State Govern

S.5 Duties of Industrial Court.

It shall be the duty of the Industrial Court-

(a) to decide an application by a union for grant of recognition to it;

(b) to decide an application by a union for grant of recognition to it in place of a union which has already been recognised under this Act;

(c) to decide an application from another union or an employer for withdrawal or cancellation of the recognition of a union;

(d) to decide complaints relating to unfair labour practices except unfair labour practices falling in item 1 of Schedule IV;

S.6 Labour Court.

The 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 having the prescribed qualifications to preside over such Courts:

Provided that, no person shall be so appointed, unless he posseses qualifications (other than the qualification of age), prescribed under article 234 of the Constitution for being eligible to enter the judicial service of the State of Maharashtra; and is not more than sixty years of age.

S.7 Duties of Labour Court.

It shall be the duty of the Labour Court to decide complaints relating to unfair labour practices described in item 1 of Schedule IV and to try offences punishable under this Act.

S.8 Investigating Officers.

The State Government may, by notification in the Official Gazette, appoint such number of Investigating Officers for any area as it may consider necessary, to assist the Industrial Court and Labour Courts in the discharge of their duties.

S.9 Duties of Investigating Officers.

(1) The Investigating Officer shall be under the control of the Industrial Court, and shall exercise powers and perform duties imposed on him by the Industrial Court.

(2) It shall be the duty of an Investigating Officer to assist the Industrial Court in matters of verification of membership of unions, and assist the Industrial and Labour Courts for investigating into complaints relating to unfair labour practices.

(3) It shall also be the duty of an Investigating Officer to report to the Industrial Court, or as the case may be, the Labour Court the existence of any unfair labour practices in any industry or undertaking, and the name and address of the persons said to be engaged in unfair labour practices and any other information which the Investigating Officer may deem fit to report to the Industrial Court,

S.10 Application of Chapter III.

(1) Subject to the provisions of sub-sections (2) and (3), the provisions of this Chapter shall apply to every undertaking, wherein fifty or more employees are employed, or were employed on any day of the preceding twelve months:

Provided that, the State Government may, after giving not less than sixty days' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Chapter to any undertaking, employing such number of employees less than fifty as may be specified in the notification.

(2) The provisions of this Chapter shall not apply to undertakings in industries to which the provisions of the Bombay Act for the time being apply.

(3) If the number of employees employed in any undertaki

S.11 Application for recognition of union.

(1) Any union (hereinafter referred to as the "applicant union") Which has for the whole of the period of six calendar months immediately preceding the calendar month in which it so applies under this section a membership of not less than thirty per cent. of the total number of employees employed in any undertaking may apply in the prescribed form to the Industrial Court for being registered as a recognised union for such undertaking.

(2) Every such application shall be disposed of by the Industrial Court as far as possible within three months from the date of receipt of the application, where a group of concerns in any industry which is notified to be one undertaking for which recognition is applied for is situated in the same local area ; and in any other case, within four months.

Explanation.- "local area"

S.12 Recognition of union.

(1) On receipt of an application from a union for recognition under section 11 and on payment of the prescribed fees, not exceeding rupees five the Industrial Court shall, if it finds the application on a preliminary scrutiny to be in order, cause notice to be displayed on the notice board of the undertaking, declaring its intention to consider the said application on the date specified in the notice, and calling upon the other union or unions, if any, having membership of employees in that undertaking and the employers and employees affected by the proposal to show cause, within a prescribed time, as to why recognition should not be granted to the applicant union.

(2) If, after considering the objections, if any, that may be received under sub-section (1) from any other union (hereinafter referred to as "other union") or employers or employees, if any, and if after ho

S.13 Cancellation of recognition and suspension of rights.

(1) The Industrial Court shall cancel the recognition of a union if after giving notice to such union to show cause why its recognition should not be cancelled, and after holding an inquiry, it is satisfied,-

(i) that it was recognised under mistake, misrepresentation or fraud; or

(ii) that the membership of the union has, for a continuous period of six calendar months, fallen below the minimum required under section 11 for its recognition:

Provided that, where a strike (not being an illegal strike under the Central Act) has extended to a period exceeding fourteen days in any calendar month, such month shall be excluded in computing the s

S.14 Recognition of other union.

(1) If any union makes an application to the Industrial Court for being registered as a recognised union in place of a recognised union already registered as such (hereinafter in this section referred to as the "recognised union") for an undertaking, on the ground that it has the largest membership of employees employed in such undertaking, the Industrial Court shall, if a period of two years has elapsed since the date of registration of the recognised union, call upon the recognised union by a notice in writing to show cause, within thirty days of the receipt of such notice, as to why the union now applying should not be recognised in its place. An application made under this sub-section shall be accompanied by such fee not exceeding rupees five as may be prescribed :

Provided that, the Industrial Court may not entertain any application for registration of a union, unless a period

S.15 Application for re-recognition.

(1) Any union the recognition of which has been cancelled on the ground that it was recognised under a mistake or on the ground specified in clause (ii) of section 13, may, at any time after three months from the date of such cancellation, and on payment of such fees as may be prescribed apply again to the Industrial Court for recognition ; and thereupon the provisions of sections 11 and 12 shall apply in respect of such application as they apply in relation to an application under section 11.

(2) A union, the recognition of which has been cancelled on any other ground, shall not, save with the permission of the Industrial Court, be entitled to apply for re-recognition within a period of one year from the date of such cancellation.

S.16 Liability of union or members not relieved by cancellation.

Notwithstanding anything contained in any law for the time being in force, the cancellation of the recognition 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.

S.17 Publication of order.

Every order passed under section 12, 13, 14 or 15 shall be final, and shall be caused to be published by the Industrial Court in the prescribed manner.

S.18 Recognition of union for more than one undertaking.

Subject to the foregoing provisions of this Chapter, a union may be recognised for more than one undertaking.

S.19 Obligations of recognised union.

The rules of a union seeking recognition under this Act shall provide for the following matters, and the provisions thereof shall be duly observed by the union, namely :-

(i) the membership subscription shall be not less than fifty paise per month;

(ii) the 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 the State Govern

S.20 Rights of recognised union.

(1) Such officers, members of the office staff and members of a recognised union as may be authorised by or under rules made in this behalf by the State Government shall, in such manner and subject to such conditions as may be prescribed, have a right,-

(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 a notice-board on the premises of the undertaking in which its members are employed and affix or cause to be affixed notices thereon;

(1) No employee in an undertaking to which the provisions of the Central Act for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceedings relating to unfair labour practices specified in items 2 and 6 of Schedule IV of this Act except through the recognised union :

Provided that, where there is no recognised union to appear, the employee may himself appear or act in any proceeding relating to any such unfair labour practices.

(2) Notwithstanding anything contained in the Bombay Act, no employee in any industry to which the provisions of the Bombay Act for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of Schedule IV of this Act except through the

S.22 Rights of unrecognised unions.

Such officers, members of the office staff and members of any union (other than a recognised union) as may be authorised by or under the rules made in this behalf by the State Government shall, in such manner and subject to such conditions as may be prescribed, have a right-

(i) to meet and discuss with an employer or any person appointed by him in that behalf, the grievances of any individual member relating to his discharge, removal, retrenchment, termination of service and suspension ;

(ii) to appear on behalf of any of its members employed in the undertaking in any domestic or departmental inquiry held by the employer.

S.23 Employees authorised by recognised union to appear or act in certain proceedings to be considered as on duty.

Not more than two members of a recognised union duly authorised by it in writing who appear or act on its behalf in any proceeding under the Central Act or the Bombay Act or under this Act shall be deemed to be on duty on the days on which such proceedings actually take place, and accordingly, such member or members shall, on production of a certificate from the authority or the court before which he or they appeared or acted to the effect that he or they so appeared or acted on the days specified in the certificate, be entitled to be paid by his or their employer his or their salary and allowances which would have been payable for those days as if he or they had attended duty on those days.

Explanation.- For the purpose of this section "recognised union" includes a representative union under the Bombay Act.

S.24 Illegal strike and lock-out.

In this Act, unless the context requires otherwise,-

(1) "illegal strike" means a strike which is commenced or continued-

(a) without giving to the employer notice of strike in the prescribed form, or within fourteen days of the giving of such notice;

(b) where there is a recognised union, without obtaining the vote of the majority of the members of the union, in favour of the strike before the notice of the strike is given;

S.25 Reference of Labour Court for declaration whether strike or lock-out is illegal.

(1) Where the employees in any undertaking have proposed to go on strike or have commenced a strike, the State Government or the employer of the undertaking may make a reference to the Labour Court for a declaration that such strike is illegal.

(2) Where the employer of any undertaking has proposed a lock-out or has commenced a lock-out, the State Government or the recognised union or, where there is no recognised union, any other union of the employees in the undertaking may make a reference to the Labour Court for a declaration whether such lock-out will be illegal.

Explanation.- For the purposes of this section, recognised union includes a representative union under the Bombay Act.

(3) No declaration shall be made under this section, s

S.26 Unfair labour practices.

In this Act, unless the context requires otherwise, 'unfair labour practices' mean any of the practices listed in Schedules II, III and IV.

S.27 Prohibition on engaging in unfair labour practices.

No employer or union and no employees shall engage in any unfair labour practice.

S.28 Procedure for dealing with complaints relating to unfair labour practices.

(1) Where any person has engaged in or is engaging in any unfair labour practice, then any union or any employee or any employer or any Investigating Officer may, within ninety days of the occurrence of such unfair labour practice, file a complaint before the Court competent to deal with such complaint either under section 5, or as the case may be, under section 7, of this Act:

Provided that, the Court may entertain a complaint after the period of ninety days from the date of the alleged occurrence, if good and sufficient reasons are shown by the complainant for the late filing of the complaint.

(2) The Court shall take a decision on every such complaint as far as possible within a period of six months from the date of receipt of the complaint.

S.29 Parties on whom order of Court shall be binding.

An order of the Court shall be binding on-

(a) all parties to the complaint;

(b) all parties who were summoned to appear as parties to the complaint, whether they appear or not, unless the Court is of opinion that they were improperly made parties;

(c) in the case of an employer who is a party to the complaint before such Court in respect of the undertaking to which the complaint relates, his heirs, successors or assigns in respect of the undertaking to which the complaint relates; and

(d) where the party referred to in clause (

S.30 Power of Industrial and Labour Courts.

(1) Where a Court decides that any person named in the complaint has engaged in, or is engaging in, any unfair labour practice, it may in its order-

(a) declare that an unfair labour practice has been engaged in or is being engaged in by that person, and specify any other person who has engaged in, or is engaging in the unfair labour practice;

(b) direct all such persons to cease and desist from such unfair labour practice, and take such affirmative action (including payment of reasonable compensation to the employee or employees affected by the unfair labour practice, or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation), as may in the opinion of the Court be nec

S.31 Consequences of non-appearance of parties.

(1) Where in any proceeding before the 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 day, or proceed ex parte, and make such order as it thinks fit.

(2) Where any order is made ex parte under sub-section (1), the aggrieved party may, within thirty days of the receipt of the copy thereof, make an application to the Court to set aside such order. If the Court is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it may set aside the order so made, and shall appoint a date for proceeding with the matter:

Provided that, no order shall be set aside on any such application as aforesaid, unless not

S.32 Power of Court to decide all connected matters.

Notwithstanding anything contained in this Act, the Court shall have the power to decide all matters arising out of any application or a complaint referred to it for the decision under any of the provisions of this Act.

S.33 Regulation to be made by Industrial Court.

(1) The Industrial Court may 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 for the foregoing power, such regulations may provide for the formation of Benches consisting of one or more of its members (including provision for formation of a Full Bench consisting of three or more members) and the exercise by such Bench of the jurisdiction and powers vested in them:

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 this section shall be published in the Official Gazette

S.34 Execution of order as to costs.

An order made by the 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 business, 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, 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.

S.35 Law declared by Industrial Court to be binding.

The determination of any question of law in any order, decision, or declaration passed or made, by the Full Bench of the Industrial Court constituted under the regulations made under section 33 shall be binding and shall be followed in all proceedings under this Act.

S.36 Authorised Officer to appear in any proceeding before Court.

The State Government may authorise, and direct any officer of Government to appear in any proceeding before the Court by giving notice to such Court ; and on such notice being given, such officer shall be entitled to appear in such proceeding and to be heard by the Court.

S.37 Powers of Investigating Officers.

(1) An Investigating Officer shall exercise the power conferred on him by or under this Act, and shall perform such duties as may be assigned to him, from time to time, by the Court.

(2) For the purpose of exercising such powers and performing such duties, an Investigating Officer may, subject to such conditions as may be prescribed, at any time during working hours, and outside working hours after reasonable notice, enter and inspect-

(a) any place used for the purpose of any undertaking;

(b) any place used as the office of any union;

S.38 Powers of Labour Court in relation to offences.

(1) A Labour Court shall have power to try offences punishable under this Act.

(2) Every offence punishable under this Act shall be tried by a Labour Court within the limits of whose jurisdiction it is committed.

S.39 Cognizance of offence.

No Labour Court shall take cognizance of any offence except on a complaint of facts constituting such offence made by the person affected thereby or a recognised union or on a report in writing by the Investigating Officer.

S.40 Powers and procedure of Labour Courts in trials.

In respect of offences punishable under this Act, a Labour Court shall have all the powers under the ¹Code of Criminal Procedure, 1898 (V of 1898), of Presidency Magistrate in Greater Bombay and a Magistrate of the First Class elsewhere, 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.

S.41 Power of Labour Court to impose higher punishment.

Notwithstanding anything contained in section 32 of the ¹Code of Criminal Procedure, 1898 (V of 1898), it shall be lawful for any Labour Court to pass any sentence authorised under this Act in excess of its powers under section 32 of the said Code.

S.42 Appeal.

(1) Notwithstanding anything contained in section 40, an appeal shall lie to the Industrial Court,-

(a) against a conviction by a Labour Court, by the person convicted ;

(b) against an acquittal by a Labour Court in its special jurisdiction, by the complainant ;

(2) Every appeal shall be made within thirty days from the date of the conviction, acquittal or sentence, as the case may be :

Pro

S.43 Powers of Industrial Court.

(1) The Industrial Court in an appeal under section 42 may confirm, modify, add to, or rescind any order of the Labour Court appealed against; and may pass such order thereon as it may deem fit.

(2) in respect of offences punishable under this Act, the Industrial Court shall have all the powers of the High Court of Judicature at Bombay under the ¹Code of Criminal Procedure, 1898 (V of 1898).

(3) A copy of the order passed by the Industrial Court shall be sent to the Labour Court.

S.44 Industrial Court to exercise superintendence over Labour Courts.

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;

(d) settle a table of fees payable for process issued by a Labour Court or the Industrial Court.

S.45 Power of Industrial Court to transfer proceedings.

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 the same to another Labour Court for disposal and the Labour Court to which the proceeding is so transferred may dispose of the proceeding, but subject to any special direction in the order of transfer, proceed either de novo or from the stage at which it was so transferred.

S.46 Orders of Industrial or Labour Court not to be called in question in criminal courts.

No order of a Labour Court or an order of the Industrial Court in appeal in respect of offences tried by it under this Act shall be called in question in any criminal court.

S.47 Penalty for disclosure of confidential information.

If an Investigating Officer or any person present at, or concerned in, any proceeding under this Act wilfully 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 punished with fine which may extend to one thousand rupees.

S.48 Contempts of Industrial or Labour Courts.

(1) Any person who fails to comply with any order of the Court under clause (b) of sub-section (1) or sub-section (2) of section 30 of this Act shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five thousand rupees.

(2) If any person,-

(a) when ordered by the Industrial Court or a Labour Court to produce or deliver up any document or to furnish information being legally bound so to do, intentionally omits to do so; or

(b) when required by the Industrial Court or a Labour Court to bind himself by on oath or affirmation to state the truth refuses to do so ;

S.49 Penalty for obstructing officers from carrying out their duties and for failure to produce documents or to comply with requisition or order.

Any person who wilfully,-

(i) prevents or obstructs officers, members of the office staff, or members of any union from exercising any of their rights conferred by this Act;

(ii) refuses entry to an Investigating Officer to any place which he is entitled to enter;

(iii) fails to produce any document which he is required to produce; or

(iv) 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 punished with fine

S.50 Recovery of money due from employer.

Where any money is due to an employee from an employer under an order passed by the Court under Chapter VI, the employee himself or any other person authorised by him in writing in this behalf, or in the case of death of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the Court for the recovery of money due to him, and if the Court 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 in the manner as an arrear of land revenue :

Provided that, every such application shall be made within one year from the date on which the money became due to the employee from the employer :

Provided further that, any such application may be entertained after the expiry of the said period o

S.51 Recovery of fines.

The amount of any fine imposed under this Chapter shall be recoverable as arrear of land revenue.

S.52 Periodical returns to be submitted to Industrial and Labour Courts.

Every recognised union shall submit to the Industrial Court and Labour Court on such dates and in such manner as may be prescribed periodical returns of its membership.

S.53 Modifications of Schedules.

(1) The State Government may, after obtaining the opinion of the Industrial Court, by notification in Official Gazette, at any time make any addition to, or alteration in, any Schedule II, III or IV and may, in the like manner, delete any item therefrom :

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 thereby, and the State Government shall consider any objections or suggestions that may be received by it from any person with respect thereto.

(2) Every such notification shall, as soon as possible after its issue, be laid by the State Government before the Legislature of the State.

S.54 Liability of executive of union.

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 purpose 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.

S.55 Offence under section 48 (1) to be cognizable.

The offence under sub-section (1) of section 48, shall be cognizable.

S.56 Certain officers to be public servants.

Investigating Officers, a member of the Industrial or Labour Court and a member of the staff of any such Court shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

S.57 Protection of action taken in good-faith.

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 by or under this Act.

S.58 Pending proceedings.

Any proceeding pending before the State Government or before any tribunal or any other authority, or any proceedings relating to the trial of offences punishable under the provisions of the Central Act or Bombay Act before the commencement of this Act shall be continued and completed as if this Act had not been passed and continued in operation, and any penalty imposed in such proceedings shall be recorded under such Central, or as the case may be, Bombay Act.

S.59 Bar of proceedings under Bombay or Central Act.

If any proceeding in respect of any matter falling within the purview of this Act is instituted under this Act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the Central Act or, as the case may be, the Bombay Act; and if any proceeding in respect of any matter within the purview of this Act is instituted under the Central Act, or as the case may be, the Bombay Act, then no proceeding shall at any time be entertained by the Industrial or Labour Court under this Act.

S.60 Bar of Suits.

No civil court shall entertain any suit which forms or which may form the subject-matter of a complaint or application to the Industrial Court or Labour Court under this Act; or which has formed the subject of an interim or final order of the Industrial Court or Labour Court under this Act.

S.61 Rules.

(1) The State Government may, by notification, in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made before each house of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two successive session, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may be ; so however, that an