1972 : Mah. I ] Maharashtra  Recognition  of  Trade  Unions  and  Prevention

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of Unfair Labour Practices Act, 1971

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  I  OF  1972.

THE  MAHARASHTRA  RECOGNITION  OF  TRADE
UNIONS  AND  PREVENTION  OF  UNFAIR
LABOUR  PRACTICES  ACT,  1971.

(As  modified  upto  the  30th  January  2016)

*

PRINTED IN INDIA BY THE MANAGER,  GOVERNMENT CENTRAL PRESS, MUMBAI 400 004
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004

2016

[ Price  : Rs.  28-00 ]

1972 : Mah. I ] Maharashtra  Recognition  of  Trade  Unions  and  Prevention

(i)

of Unfair Labour Practices Act, 1971

THE MAHARASHTRA RECOGNITION OF TRADE UNIONS AND
PREVENTION OF UNFAIR LABOUR
PRACTICES  ACT,  1971.

CONTENTS

PREAMBLE.

SECTIONS.

1. Short  title.

2. Extent,  commencement  and  application.

3. Definitions.

CHAPTER  II

AUTHORITIES UNDER THIS ACT.

4.

Industrial  Court.

5. Duties  of  Industrial  Court.

6. Labour  Court.

7. Duties  of  Labour  Court.

8.

Investigating  Officers.

9. Duties  of  Investigating  Officers.

CHAPTER  III
RECOGNITION OF UNIONS.

10. Application  of  Chapter  III.

11. Application  for  recognition  of  union.

12. Recognition  of  union.

13. Cancellation  of  recognition  and  suspension  of  rights.

14. Recognition  of  other  union.

15. Application  for  re-recognition.

16. Liability  of union  or members  not relieved  by

cancellation.

17. Publication  of  order.

18. Recognition  of  union  for  more  than  one  undertaking.

CHAPTER  IV
OBLIGATION AND RIGHTS OF RECOGNISED UNION,
OTHER UNIONS AND CERTAIN EMPLOYEES.

19. Obligations  of  recognised  union.

20. Rights  of  recognised  union.

21. Right  to  appear  or  act  in  proceedings  relating  to

certain  unfair  labour  practices.

22. Rights  of  unrecognised  unions.

23. Employees  authorised  by  recognised  union  to  appear  or  act  in

certain  proceedings  to  be  considered  as  on  duty.

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of  Unfair  Labour  Practices  Act,  1971

CHAPTER  V

ILLEGAL STRIKES AND LOCK-OUTS.

24.

Illegal  strike  and  lock-out.

25. Reference  of  Labour  Court  for  declaration  whether

strike  or  lock-out  is  illegal.

CHAPTER  VI

UNFAIR LABOUR PRACTICES.

26. Unfair  labour  practices.

27. Prohibition  on  engaging  in  unfair  labour  practices.

28. Procedure  for  dealing  with  complaints  relating  to

 unfair labour  practices.

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

CHAPTER  VII

POWERS OF COURTS

30. Powers  of  Industrial  and  Labour  Courts.

31. Consequences  of  non-appearance  of  parties.

32. Power  of  Court  to  decide  all  connected  matters.

33. Regulations to be made  by Industrial Court.

34. Execution  of  order  as  to  costs.

35. Law declared  by Industrial Court to  be binding.

36. Authorised  Officer  to  appear  in  any  proceeding  before

  Court.

37. Powers  of  Investigating  Officers.

CHAPTER  VIII

POWER OF LABOUR COURT AND INDUSTRIAL COURT
TO TRY OFFENCES UNDER THIS ACT

38. Powers  of  Labour  Court  in  relation  to  offences.

39. Cognizance  of  offence.

40. Powers  and  procedure  of  Labour  Courts  in  trials.

41. Power  of  Labour  Court  to  impose  higher  punishment.

42. Appeal.

43. Powers  of  Industrial  Court.

44.

Industrial  Court  to  exercise  superintendence  over

Labour  Courts.

45. Power  of  Industrial  Court  to  transfer  proceedings.

46. Orders  of Industrial  or Labour  Court not  to be  called

in  question  in  criminal  courts.

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of Unfair Labour Practices Act, 1971

CHAPTER  IX
PENALTIES

47. Penalty  for  disclosure  of  confidential  information.
48. Contempts  of  Industrial  or  Labour  Courts.

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

50. Recovery  of  money  due  from  employer.
51. Recovery  of  fines.

CHAPTER  X
MISCELLANEOUS

52. Periodical  returns  to  be  submitted  to  Industrial  and

Labour  Courts.

53. Modifications  of  Schedules.
54. Liability  of  executive  of  union.
55. Offence  under  section  48(1)  to  be  cognizable.

56. Certain  officers  to  be  public  servants.
57. Protection  of  action  taken  in  good-faith.
58. Pending  proceedings.

59. Bar  of  proceedings  under  Bombay  or  Central  Act.
60. Bar of Suits.
61. Rules.

Schedule  I.
Schedule  II.
Schedule  III.

Schedule  IV.

“ Provided  that, where there is  a recognised union for  any undertaking

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of Unfair Labour Practices Act, 1971

MAHARASHTRA ACT No. I OF 19721

[1st February 1972 ]

[ THE MAHARASHTRA RECOGNITION OF TRADE UNIONS AND PREVENTION

OF UNFAIR LABOUR PRACTICES ACT, 1971 ]

Amended by Mah. 22 of 1999 (20-4-1999)*

An Act to provide for the recognition of trade unions for facilitating

collective bargaining for certain undertakings ; to state their rights

and obligations; to confer certain powers on unrecognised unions;

to  provide  for  declaring  certain  strikes  and  lock-outs  as  illegal

strikes  and  lock-outs;  to  define  and  provide  for  the  prevention  of

certain unfair labour practices; to constitute courts (as independent

machinery) for carrying out the purposes of according recognition

to trade unions and for enforcing the provisions relating to unfair

practices; and to provide for matters connected with the purposes

aforesaid.

WHEREAS,  by  Government  Resolution,  Industries  and  Labour

Department,  No.  IDA.  1367-LAB-II,  dated  the  14th  February  1968,  the

Government of Maharashtra appointed a Committee called “ the Committee

on Unfair Labour Practices ” for defining certain activities of employers and

workers  and  their  organisations  which  should  be  treated  as  unfair  labour

practices and for suggesting action which should be taken against employers

or  workers,  or  their  organisations,  for  engaging  in  such  unfair  labour

practices ;

AND  WHEREAS,  after  taking  into  consideration  the  report  of  the

Committee  Government  is  of  opinion  that  it  is  expedient  to  provide  for  the

recognition  of  trade  unions  for  facilitating  collective  bargaining  for  certain

undertakings ; to state their rights and obligations; to confer certain powers

on  unrecognised  unions ;  to  provide  for  declaring  certain  strikes  and  lock-

outs as illegal strikes and lock-outs; to define and provide for the prevention

of  certain  unfair  labour  practices ;  to  constitute  courts  (an  independent

machinery)  for  carrying  out  the  purposes  or  according  recognition  to  trade

unions and for enforcing provisions relating to unfair practices ; and to provide

for  matters  connected  with  the  purposes  aforesaid ;  It  is  hereby  enacted  in

the Twenty-second  Year of  the Republic  of India  as follows  :—

1. This Act may be called the Maharashtra Recognition of Trade Unions

Short  title.

and Prevention of Unfair Labour Practices Act, 1971.

1

For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1969, Part V, Extraordinary, pages 628-632.

*This  indicates  the  date  of  commcement  of  the  Act.

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Extent,
commencement
and
application.

of  Unfair  Labour  Practices  Act,  1971

2.

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

(2) It shall come into force on such date

1
 as the State Government may,
by  notification  in  the Official  Gazette, appoint ;  and  different  dates  may  be
appointed 
for  different  provisions
of this Act.

for  different  areas  and 

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

Bom. XI
of  1947.

XIV of
1947.

Provided that, the State Government may, by notification in the Official
Gazette, direct that the provisions of this Act shall cease to apply to any such
industry  from  such  date  as  may  be  specified  in  the  notification ;  and  from
that date, the provisions of this Act shall cease to apply to that industry and
thereupon, section 7 of the Bombay General Clauses Act, 1904, shall apply to
such cessor, as if this Act has been repealed in relation to such industry by a
Maharashtra  Act.

Definitions.

3.    In this Act, unless the context requires otherwise,—

(1) “ Bombay Act” means the Bombay Industrial Relations Act, 1946 ;

(2) “ Central Act” means the Industrial Disputes Act, 1947 ;

(3)  “ concern  ”  means  any  premises  including  the  precincts  thereof

where any industry to which the Central Act applies is carried on ;

Bom. I
of  1904.

Bom. XI
of  1947.
XIV of
1947.

(4) “  Court ”  for  the  purposes  of  Chapters  VI  and  VII  means  the

Industrial Court, or as the case may be, the Labour Court ;

2
[(5)  “  employee  ”,  in  relation  to  an  industry  to  which  the  Bombay
Act for the time being applies, means an employee as defined in clause
(13) of  section  3  of  the  Bombay  Act,  and  in  any  other  case  means  a
workman  as  defined  in  clause  (s)  of  section  2  of  the  Central  Act,  and  a
sales  promotion  employee  as  defined  in  clause  (d)  of  section  2  of  the
Sales  Promotion  Employees  (Conditions  of  Service)  Act,  1976 ; ]

11 of
1976.

(6) “ employer ” in relation to an industry to which the Bombay Act
applies, means an employer as defined in clause (14) of section 3 of the
Bombay  Act ;  and  in  any  other  case,  means  an  employer  as  defined  in
clause (g) of section 2 of the Central Act ;

(7) “ Industry ” in relation to an industry to which the Bombay Act
applies, means an employer as defined in clause (19) of section 3 of the
Bombay  Act,  and  in  any  other  case,  means  an  industry  as  defined  in
clause ( j ) of section 2 of the Central Act ;

1 This Act came into force through out the State of Maharashtra on 8th September 1975 vide Government Notification,
No.  WLP.  1075/Lab-1,  dated  the  8th  September  1975,  published  in  M.G.G.,  Part-I-L,  dated  the  16-10-1975  at
p.  4128.

2 Clause  (5)  was  substituted  for  the  original  by  Mah.  22  of  1999,  s.2(a).

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of Unfair Labour Practices Act, 1971

(8) “ Industrial Court” means an Industrial Court constituted under

section 4 ;

(9)  “  Investigating  Officer ”  means  an  officer  appointed  under

section 8 ;

(10)  “ Labour  Court ”  means  a  Labour  Court  constituted  under

section 6 ;

(11)  “  member ”  means  a  person  who  is  an  ordinary  member  of  a
union,  and  has  paid  a  subscription  to  the  union  of  not  less  than
50 paise per calender month :

Provided that, no person shall at any time be deemed to be a member,
if his subscription is in arrears for a period of more than three calendar
months  during  the  period  of  six  months  immediately  preceeding  such
time, and the expression “ membership ” shall be construed, accordingly.

Explanation.—A subscription for a particular calendar month shall,
for  the  purpose  of  this  clause,  be  deemed  to  be  in  arrears,  if  such
subscription is not paid within three months after the end of the calendar
month in respect of which it is due ;

(12) “ order ” means an order of the Industrial or Labour Court ;

(13)  “  recognised  union  ”  means  a  union  which  has  been  issued  a

certificate  of  recognition  under  Chapter  III ;

(14) “ Schedule ” means a Schedule to this Act ;

(15)  “  undertaking  ”  for  the  purposes  of  Chapter  III,  means  any
concern  in  industry  to  be  one  undertaking  for  the  purpose  of  that
Chapter :

Provided that, the State Government may notify a group of concerns
owned by the same employer in any industry to be one undertaking for
the  purpose  of  that  Chapter ;

  (16)  “  unfair  labour  practices  ”  means  unfair  labour  practices  as

defined in section 26 ;

(17) “ union ” means a trade union of employees, which is registered

under the Trade Unions Act, 1926 ;

1
[(18) words and expressions used in this Act and not defined therein,
but defined in the Bombay Act or, as the case may be, the Sales Promotion
Employees  (Conditions  of  Service)  Act,  1976,  shall  in  relation  to  an
industry  to  which  the  provisions  of  the  Bombay  Act  apply,  have  the
meanings  assigned  to  them  by  the  Bombay  Act or,  as  the  case  may  be,
the  Sales  Promotion  Employees  (Conditions  of  Service)  Act,  1976 ;  and
in  any  other  case,  shall  have  the  meanings  assigned  to  them  by  the
Central  Act  or,  as  the  case  may  be,  the  Sales  Promotion  Employees
(Conditions  of  Service)  Act,  1976.

1 Clause  (18)  was  substituted  for  the  original  by  Mah.  22  of  1999,  s.2(b).

11 of
1976.

11 of
1976.

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of  Unfair  Labour  Practices  Act,  1971

CHAPTER  II.

AUTHORITIES UNDER THIS ACT.

Industrial
Court.

4.

(1) The State Government shall by notification in the Official Gazette,

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 afftected  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  opnion  of  the  State  Government
recorded  in  writing,  such  member  is  not  connected  with  the  complaint,  or
the  industry.

(4) Every  member  of  the  Industrial  Court  shall  be  a  person  who  is  or
has been a judge of a High Court or is eligible for being appointed a Judge of
such  Court :

Provided that, one member may be a person who is not so eligible, if he
possesses in the opinion of the State Government expert knowledge of labour
or  industrial  matters.

5. 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 ;

(e)  to  assign  work,  and  to  give  directions,  to  the  Investigating
Officers  in  matters  of  verification  of  membership  of  unions,  and
investigation  of  complaints  relating  to  unfair  labour  practices  ;

(f ) to decide references made to it on any point of law either by any

civil  or  criminal  court ;  and

(g) to  decide  appeals  under  section  42.

Duties of
Industrial
Court.

Labour Court.

6. 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  :

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of Unfair Labour Practices Act, 1971
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.

7. 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.

Duties of
Labour Court.

8. 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.

Investigating
Officers.

9. (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.

Duties of
investigating
Officers.

(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, or as the case may be, the Labour Court.

CHAPTER  III.

RECOGNITION OF UNIONS.

10.

(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 :

Application  of
Chapter III.

Provided that, the State Government may, after giving not less than sixty
days’  notice  or  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 undertaking to which the
provisions of this Chapter apply at any time falls below fifty continuously for
a period of one year, those provisions shall cease to apply to such undertaking.

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Maharashtra  Recognition  of  Trade  Unions  and  Prevention [1972  :  Mah. I

Application
for recogaition
of union.

Recognition of
union.

of  Unfair  Labour  Practices  Act,  1971

11.

(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  ”  for  the  purposes  of  this  sub-section  means
the  area  which  the  State  Government  may,  by  notification  in  the Official
Gazette, specify  in  the  notification.

12.

(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
from  any  other  union  (hereinafter  referred  to  as
sub-section (1)
“ other union ”) or employers or employees, if any, and if after holding such
enquiry  in  the  matter  as  it  deems  fit,  the  Industrial  Court  comes  to  the
conclusion  that  the  conditions  requisite  for  registration  specified  in  section
11  are  satisfied,  and  the  applicant  union  also  complies  with  the  conditions
specified  in  section  19  of  this  Act,  the  Industrial  Court  shall,  subject  to  the
provisions  of  this  section,  grant  recognition  to  the  applicant  union  under
this  Act,  and  issue  a  certificate  of  such  recognition  in  such  form  as  may  be
prescribed.

(3) If the Industrial Court comes to the conclusion, that any of the other
unions has the largest membership of employees employed in the undertaking,
and the said other union has notified to the Industrial Court its claim to be
registered as a recognised union for such undertaking, and if it satisfies the
conditions requisite for recognition specified in section 11, and also complies
with  the  conditions  specified  in  section  19  of  this  Act,  the  Industrial  Court
shall,  subject  to  the  provisions  of  this  section,  grant  such  recognition  to  the
other union,  and issue a  certificate of such recognition  in such form  as may
be  prescribed.

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of Unfair Labour Practices Act, 1971

Explanation.—For  the  purpose  of  this  sub-section,  the  other  union  shall
be deemed to have applied for recognition in the same calendar month as the
applicant  union.

(4)  There  shall  not,  at  any  time,  be  more  than  one  recognised  union  in

respect  of  the  same  undertaking.

(5) The Industrial Court shall not recognise any union, if it is satisfied that
the application for its recognition is not made bona fide in the interest of the
employees,  but  is  made  in  the  interest  of  the  employer,  to  the  prejudice  of
the  interest  of  the  employees.

(6) The Industrial Court shall not recognise any union, if, at any time, within
six  months  immediately  preceding  the  date  of  the  application  for
recognisation, the union has instigated, aided or assisted the commencement
or continuation of a strike which is deemed to be illegal under this Act.

13.

(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

Cancellation
of recognition
and
suspension of
rights.

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 said period
of six months :

Provided  further  that,  the  recognition  of  a  union  shall  not  be  cancelled
under  the  provisions  of  this  sub-clause,  unless  its  membership  for  the
calendar month in which show cause notice under this section was issued
was less than such minimum ; or

(iii) that the recognised union has, after its recognition, failed to observe

any of the conditions specified in section 19 ; or

(iv) that  the  recognised  union  is  not  being  conducted bona  fide in  the
interests of employees, but in the interests of employer to the prejudice of
the  interest  of  employees  ;  or

(v)  that,  it  has  instigated,  aided  or  assisted  the  commencement
or continuation of a strike which is deemed to be illegal under this Act ; or

XVI of
1926.

or

(vi) that its registration under the Trade Unions Act, 1926, is cancelled ;

(vii) that another union has been recognised in place of a union recognised

under  this  Chapter.

H  4120—2a

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(2)  The  Industrial  Court  may  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, that it has committed
any practice which is, or has been declared as, an unfair labour practice under
this  Act :

Provided  that,  if  having  regard  to  the  circumstances  in  which  such
practice has been committed, the Industrial Court is of opinion, that instead
of cancellation of the recognition of the union, it may suspend all or any of its
rights under sub-section (1) of section 20 or under section 23, the Industrial
Court may  pass an order  accordingly, and specify  the period for  which such
suspension  may remain  in  force.

14.

(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 of one year has elapsed since the
date  of  disposal of  the  previous  application of  that  union.

(2)  If,  on  the  expiry  of  the  period  of  notice  under  sub-section  (1),  the
Industrial Court finds, on preliminary scrutiny, that the application made is
in  order,  it  shall  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  other  union  or  unions,  if  any,
having  membership  of  employees  in  that  undertaking,  employer  and
employees  affected  by  the  proposal  to  show  cause  within  a  prescribed  time
as to  why recognition should not  be granted.

(3) If, after considering the objections, if any, that may be received under
sub-section (2) and if, after holding such enquiry as it deems fit (which may
include  recording  of  evidence  of  witnesses  and  hearing  of  parties),  the
Industrial  Court  comes  to  the  conclusion  that  the  union  applying  complies
with the conditions necessary for recognition specified in section 11 and that
its  membership  was,  during  the  whole  of  the  period  of  six  calendar  months
immediately preceding the calendar month in which it made the application
under this section, larger than the membership of the recognised union, then
the  Industrial  Court  shall,  subject  to  the  provisions  of  section  12  and  this
section,  recognise  the  union  applying  in  place  of  the  recognised  union,  and
issue a certificate of recognition in such form as may be prescribed.

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of Unfair Labour Practices Act, 1971
(4) If the Industrial Court comes to the conclusion that any of the other
unions has the largest membership of employees employed in the undertaking,
and  such  other  union  has  notified  to  the  Industrial  Court  its  claim  to  be
registered  as  a  recognised  union  for  such  undertaking,  and  if,  such  other
union  satisfies  the  conditions  requisite  for  recognition  under  section  11  and
complies with the conditions specified in section 19 of this Act, the Industrial
Court shall grant such recognition to such other union, and issue a certificate
of such recognition in such form as may be prescribed.

Explanation.—For the purpose of this sub-section, the other union shall
be deemed to have applied for recognition in the same calendar month as the
applicant  union.

(5) Every  application  under  this  section  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  ”  for  the  purposes  of  this  sub-section  means
the  area  which  the  State  Government  may,  by  notification  in  the Official
Gazette, specify  in  such  notification.

15.

(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.

Application
for re-
recognition.

(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.

16. 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.

Liability  of
union or
members  not
relieved by
cancellation.

17. 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.

Publication of
order.

18. Subject to the foregoing provisions of this Chapter, a union may be

recognised  for  more  than  one  undertaking.

Recognition of
union for
more than
one
undertaking.

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CHAPTER  IV.

OBLIGATION AND RIGHTS OF RECOGNISED UNIONS,
OTHER UNIONS AND CERTAIN EMPLOYEES.

Obligations  of
recognised
union.

19. 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  Government  may  audit  its

account at least once in each financial year.

Rights of
recognised
union.

20.

(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 ;

(c)  for the  purpose of  the prevention  or settlement  of an  industrial

dispute,—

(i) to hold discussions on the premises of the undertaking with
the employees concerned, who are the members of the union but so
as not  to interfere  with the due  working of  the undertaking ;

(ii) to  meet  and  discuss,  with  an  employer  or  any  person
appointed  by  him  in  that  behalf,  the  grievances  of  employees
employed  in  his  undertaking ;

(iii) to inspect, if necessary, in an undertaking any place where

any  employee  of  the  undertaking  is  employed ;

(d) to appear on behalf of any employee or employees in any domestic

or  departmental  inquiry  held  by  the  employer.

(2) Where  there is  a recognised  union for  any undertaking,—

(a) that union alone shall have the right to appoint its nominees to
represent  workmen  on  the  Works  Committee  constituted  under  section
3 of the Central Act ;

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(b) no employee shall be allowed to appear or act or be allowed to be

represented  in  any  proceedings  under  the  Central  Act  (not  being  a

proceeding  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),  except  through  the  recognised

union;  and  the  decision  arrived  at,  or  order  made,  in  such  proceeding

shall be binding on all the employees in such undertaking ;

and  accordingly,  the  provisions  of  the  Central  Act,  that  is  to  say,  the

Industrial Disputes  Act, 1947, shall stand  amended in the  manner and

to  the  extent  specified  in  Schedule  I.

XIV of
1947.

21.

(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  :

Right to
appear or
act in
proceedings
relating to
certain unfair
labour
practices.

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  representative  of  employees

entitled to appear under section 30 of the Bombay Act.

22. 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

Rights of
unrecognised
unions.

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.

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

23.

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.

CHAPTER  V

ILLEGAL STRIKES AND LOCK-OUTS.

Illegal  strike
and lock-out.

24.

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 ;

(c)  during  the  pendency  of  conciliation  proceeding  under  the

Bombay Act or the Central Act and seven days after the conclusion

of  such  proceeding  in  respect  of  matters  covered  by  the  notice  of

strike ;

(d)  where submission  in  respect of  any  of  the matters  covered

by the notice of strike is registered under section 66 of the Bombay

Act,  before  such  submission,  is  lawfully  revoked ;

(e) where an industrial dispute in respect of any of the matters

covered by  the notice of  strike has  been referred to  the arbitration

of  a  Labour  Court  or  the  Industrial  Court  voluntarily  under  sub-

section (6) of section 58 or section 71 of the Bombay Act, during the

arbitration proceedings or before the date on which the arbitration

proceedings  are  completed  or  the  date  on  which  the  award  of  the

arbitrator  comes  into  operation,  whichever  is  later ;

(f )  during  the  pendency  of  arbitration  proceedings  before  an

arbitrator  under the  Central Act  and before  the date  on which  the

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arbitration  proceedings  are  concluded,  if  such  proceedings  are  in
respect of  any of the matters  covered by the notice  of strike ;

(g) in  cases  where  an  industrial  dispute  has  been  referred  to
the  arbitration  of  a  Labour  Court  or  the  Industrial  Court  under
sections 72, 73 or 73-A of the Bombay Act, during such arbitration
proceedings or before the date on which the proceeding is completed
or the  date on which  the award of  the Court comes  into operation,
whichever  is  later,  if  such  proceedings  are  in  respect  of  any  of  the
matters  covered  by  the  notice  of  strike ;

(h) in  cases  where  an  industrial  dispute  has  been  referred  to
the  adjudication  of  the  Industrial  Tribunal  or  Labour  Court  under
the Central Act, during the pendency of such proceeding before such
authority  and  before  the  conclusion  of  such  proceeding,  if  such
proceeding  is  in  respect  of  any  of  the  matters  covered  by  notice  of
strike  :

Provided that, nothing in clauses (g) and (h) shall apply to any
strike,  where  the  union  has  offered  in  writing  to  submit  the
industrial dispute to arbitration under sub-section (6) of section 58
of the Bombay Act or section 10-A of the Central Act, and

(i)  the  employer  does  not  accept  the  offer ;  or

(ii) the  employer  accepts  the  offer  but  disagreeing  on  the
choice  of  the  arbitrator,  does  not  agree  to  submit  the  dispute
to arbitration without naming an arbitrator as provided in the
Bombay  Act,

and thereafter, the dispute has been referred for arbitration of
the Industrial Court under section 73-A of the Bombay Act, or
where the Central Act applies, while disagreeing on the choice
of  the  arbitrator,  the  employer  does  not  agree  to  submit  the
dispute  to  arbitration  of  the  arbitrator  recommended  by  the
State  Government  in  this  behalf,  and  thereafter,  the  dispute
has  been  referred  for  adjudication  of  the  Industrial  Tribunal
or  the  Labour  Court,  as  the  case  may  be,  under  the  Central
Act ;  or

(i) during  any  period  in  which  any  settlement  or  award  is  in
operation, in respect of any of the matters covered by the settlement
or  award ;

(2)  “ illegal  lock-out”  means  a  lock-out  which  is  commenced  or

continued,—

(a)  without  giving  to  the  employees,  a  notice  of  lock-out  in
the  prescribed    form  or  within  fourteen  days  of  the  giving  of
such  notice ;

H  4120—3

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(b)  during  the  pendency  of  conciliation  proceeding  under  the
Bombay Act or the Central Act and seven days after the conclusion
of  such  proceeding  in  respect  of  any  of  the  matters  covered  by  the
notice  of  lock-out ;

(c)  during  the  period  when  a  submission  in  respect  of  any  of
the  matters  covered  by  the  notice  of  lock-out  is  registered  under
section  66  of  the  Bombay  Act,  before  such  submission  is  lawfully
revoked  ;

(d) where an industrial dispute in respect of matter covered by
the notice of lock-out has been referred to the arbitration of a Labour
Court  or  the  Industrial  Court  voluntarily  under  sub-section  (6)  of
section  58  or  section  71  of  the  Bombay  Act,  during  the  arbitration
proceeding  or  before  the  date  on  which  the  arbitration  proceeding
is completed or the date on which the award of the arbitrator comes
into  operation,  whichever  is  later  ;

(e)  during  the  pendency  of  arbitration  proceedings  before  an
arbitrator  under the  Central Act  and before  the date  on which  the
arbitration  proceedings  are  concluded,  if  such  proceedings  are  in
respect  of any  of  the matters  covered by  the  notice of  lock-out ;

(f )  in  cases  where  an  industrial  dispute  has  been  referred  to
the  arbitration  of  a  Labour  Court  or  the  Industrial  Court
compulsorily under sections 72, 73 or 73-A of the Bombay Act, during

such  arbitration  proceeding  or  before  the  date  on  which  the
proceeding  is  completed,  or  the  date  on  which  award  of  the  Court

comes into operation, whichever is later, if such proceedings are in
respect of  any of  the matters covered  by the  notice of  lock-out ; or

(g) in case where an industrial dispute has been referred to the
adjudication  of  the  Industrial  Tribunal  or  Labour  Court  under  the
Central  Act,  during  the  pendency  of  such  proceeding  before  such
authority  and  before  the  conclusion  of  such  procceding,  if  such
proceeding  is  in  respect  of  any  of  the  matters  coverd  by  the  notice
of  lock-out :

Provided that, nothing in clauses (f ) and (g) shall apply to any
lock-out,  where  the  employer  has  offered  in  writing  to  submit  the
industrial dispute to arbitration under sub-section (6) of section 58
of the Bombay Act, or section 10-A of the Central Act ; and

(i) the union does not accept the offer ;

(ii) the  union  accepts  the  offer,  but  disagreeing  on  the
choice  of  the  arbitrator,  does  not  agree  to  submit  the  dispute
to arbitration without naming an arbitrator as provided in the
Bombay  Act,

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of Unfair Labour Practices Act, 1971

and thereafter, the dispute has been referred for arbitration of

the Industrial Court under section 73-A of the Bombay Act; or

where the Central Act applies, while disagreeing on the choice

of the arbitrator the union does not agree to submit the dispute

to  arbitration  of  the  arbitrator  recommended  by  the  State

Government in this behalf and thereafter, the dispute has been

referred  for  adjudication  of  the  Industrial  Tribunal  or  the

Labour Court, as the case may be, under the Central Act ;

(h) during  any  period  in  which  any  settlement  or  award  is  in

operation, in respect of any of the matters covered by the settlement

or  award.

25.

(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.

Reference of
Labour Court
for declara-
tion whether
strike or lock-
out 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,  save  in  the  open

Court.

(4)  The  declaration  made  under  this  section,  shall  be  recognised  as

binding,  and shall  be followed  in  all proceedings  under this  Act.

(5) Where any strike or lock-out declared to be illegal under this section

is  withdrawn  within  forty-eight  hours  of  such  declaration,  such  strike  or

lock-out shall not, for the purposes of this Act, be deemed to be illegal under

this  Act.

CHAPTER  VI

UNFAIR LABOUR PRACTICES.

26.

In  this  Act,  unless  the  context  requires  otherwise,  ‘unfair  labour

practices’ mean any of the practices listed in Schedules II, III and IV.

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

labour  practice.

H  4120—3a

Unfair labour
practices.

Prohibition on
engaging in
unfair labour
practices.

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Procedure for
dealing with
complaints
relating to
unfair labour
practices.

28.

(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.

(3) On receipt of a complaint under sub-section (1), the Court may, if it

so  considers  necessary,  first  cause  an  investigation  into  the  said  complaint

to be made by the Investigating Officer, and direct that a report in the matter

may  be  submitted  by  him  to  the  Court,  within  the  period  specified  in  the

direction.

(4) While investigating into any such complaint, the Investigating Officer

may visit the undertaking, where the practice alleged is said to have occurred,

and make such enquiries as he considers necessary. He may also make efforts

to  promote  settlement  of  the  complaint.

(5) The Investigating Officer shall, after investigating into the complaint

under sub-section (4) submit his report to the Court, within the time specified

by it, setting out the full facts and circumstances of the case, and the efforts

made  by  him  in  settling  the  complaint.  The  Court  shall,  on  demand  and  on

payment of such fee as may be prescribed by rules, supply a copy of the report

to  the  complainant  and  the  person  complained  against.

(6)  If,  on  receipt  of  the  report  of  the  Investigating  Officer,  the  Court

finds  that  the  complaint  has  not  been  settled  satisfactorily,  and  that  facts

and  circumstances  of  the  case  require,  that  the  matter  should  be  further

considered by it, the Court shall proceed to consider it, and give its decision.

(7)  The decision  of  the Court,  which shall  be  in writing,  shall  be in  the

form of an order. The order of the Court shall be final and shall not be called

in question in any civil or criminal court.

(8)  The  Court  shall  cause  its  order  to  be  published  in  such  manner  as

may  be  prescribed.  The  order  of  the  Court,  shall  become  enforceable  from

the  date  specified  in  the  order.

(9) The Court shall forward a copy of its order to the State Government

and such officers of the State Government as may be prescribed.

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17

Parties on
whom order of
Court  shall
be binding.

of Unfair Labour Practices Act, 1971

29.    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 (a) or clause (b) is composed
of employees, all persons, who on the date of the complaint, are employed
in  the  undertaking  to  which  the  complaint  relates  and  all  persons  who
may  be  subsequently employed  in  the  undertaking.

CHAPTER  VII.

POWERS OF COURTS.

30.    (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—

Power of
Industrial
and Labour
Courts.

(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 necessary to effectuate the policy
of the Act ;

(c) where a recognised union has engaged in or is engaging in, any

unfair  labour  practice,  direct  that  its  recognition  shall  be  cancelled  or
that all or any of its rights under sub-section (7) of section 20 or its right
under  section  23  shall  be  suspended.

(2) In any proceeding before it under this Act, the Court may pass such
interim order (including any temporary relief or restraining order) as it deems
just  and  proper  (including  directions to  the  person  to  withdraw  temporarily
the  practice  complained  of,  which  is  an  issue  in  such  proceeding),  pending

final  decision  :

Provided  that,  the  Court  may,  on  an  application  in  that  behalf,  review

any interim order passed by it.

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(3) For the purpose of holding an enquiry or proceeding under this Act,

the Court shall have the same powers as are vested in Courts in respect of—

(a) proof of facts by affidavit ;

(b)  summoning  and  enforcing  the  attendance  of  any  person,  and

examining him on oath ;

(c)  compelling  the  production  of  documents  ;  and

(d)  issuing  commissions  for  the  examination  of  witnesses.

(4) The  Court  shall  also  have  powers  to  call  upon  any  of  the  parties  to

proceedings before it to furnish in writing, and in such forms as it may think

proper, any information, which is considered relevant for the purpose of any

proceedings  before  it,  and  the  party  so  called  upon  shall  thereupon  furnish

the information to the best of its knowledge and belief, and if so required by

the Court to do so, verify the same in such manner as may be prescribed.

Consequences
of non-
appearance of
parties.

31.

(1) Where in any proceeding before the Court, if either party, inspite

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 suffcient  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  notice  thereof  has  been  served  on  the  opposite  party.

32. 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.

33.

(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 :

Power of
Court to
decide  all
connected
matters.

Regulation to
be made by
Industrial
Court.

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19

of Unfair Labour Practices Act, 1971
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.

(4)  Every  proceeding  before  the  Court  shall  be  deemed  to  be  a  judicial
proceeding  within  the  meaning  of  sections  192,  193  and  228  of  the  Indian
Penal  Code.

XIV of
1860.

(5) The Court shall have 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 service

of any legal adviser engaged by any party.

34. 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.

Execution of
order as to
costs.

35. 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.

Law declared
by Industrial
Court to be
binding.

36. 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.

37.

(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.

Authorised
Officer to
appear in
any proceed-
ing before
Court.
Powers of
Investigating
Officers.

(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 resonable
notice,  enter  and  inspect—

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

(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 relevent documents which
he  may  deem  necessary  for  the  due  discharge  of  his  duties  and  powers
under  this  Act.

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(3)  All  particulars  contained  in,  or  information  obtained  from,  any

document inspected or called for under sub-section (2) shall, if the person in

whose  possession the  document was,  so  requires, be  treated as  confidential.

(4) An Investigating Officer may, after giving reasonable notice, convene

a  meeting of  employees  for any  of the  purposes  of this  Act,  on the  premises

where  they  are  employed,  and  may  require  the  employer  to  affix  a  written

notice of the meeting at such conspicuous place in such premises as he may

order, and may also himself affix or cause to be affixed such notice. The notice

shall specify the date, time and place of the meeting, the employees or class

of  employees  affected,  and  the  purpose  for  which  the  meeting  is  convened  :

Provided that, during the continuance of a lock-out which is not illegal,

no meeting of employees affected thereby shall be convened on such premises

without  the  employer’s  consent.

(5) An Investigating Officer shall be entitled to appear in any proceeding

under  this  Act.

(6) An Investigating Officer may call for and inspect any document which

he  has reasonable  ground  for  considering to  be  relevant  to the  complaint  or

to be necessary for the purpose of verifying the implementation of any order

of the Court or carrying out any other  duty imposed on him under this Act,

and for the aforesaid purposes, the Investigating Officer shall have the same

powers as are vested in a civil court under the Code of Civil Procedure, 1908

in  respect  of  compelling  the  production  of  documents.

V of
1908.

CHAPTER  VIII.

POWERS OF LABOUR COURT AND INDUSTRIAL COURT TO

TRY OFFENCES UNDER THIS ACT.

Powers of
Labour Court
in relation to
offences.

Cognizance of
offence.

38.

(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.

39. 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.

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21

of Unfair Labour Practices Act, 1971

V of
1898.

40.

In  respect  of  offences  punishable  under  this  Act,  a  Labour  Court
shall  have  all  the  powers  under  the  *Code  of  Criminal  Procedure,  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.

Powers and
procedure of
Labour
Courts in
trials.

V of
1898.

41. Notwithstanding  anything  contained  in  section  32  of  the  *Code  of
Criminal Procedure, l898, 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.

Power of
Labour Court
to  impose
higher
punishment.

42.

(1)  Notwithstanding  anything  contained  in  section  40,  an  appeal

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 ;

(c) for enhancement of a sentence awarded by a Labour Court in its

special  jurisdiction,  by  the  State  Government.

(2)  Every  appeal  shall  be  made  within  thirty  days  from  the  date  of  the

conviction, acquittal or sentence, as the case may be:

Provided that, the Industrial Court may, for sufficient reason, allow an

appeal  after  the  expiry  of  the  said  period.

43.

(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.

Powers of
Industrial
Court.

(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  *Code  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.

44. 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 ;

*Now see s. 39 of the  Code of Criminal Procedure, 1973.

H  4120—4

Industrial
Court to
exercise
superintendence
over Labour
Courts.

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(c) prescribe form in which books, entries and accounts shall be kept

by officers of any such Courts ; and

(d) settle a table of fees payable for process issued by a Labour Court

or  the  Industrial  Court.

Power of
Industrial
Court to
transfer
proceedings.

45. 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.

46. 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.

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

CHAPTER  IX.

PENALTIES.

Penalty for
disclosure of
confidential
information.

47.

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.

Contempts  of
Industrial or
Labour
Courts.

48.

(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 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  refuses  to  answer  any  question  demanded  of  him
touching such subject by such Court ; or

(d)  intentionally  offers  any  insult  or  causes  any  interruption  to  the
Industrial Court or a Labour Court at any stage of its judicial proceeding, he
shall,  on  conviction,  be  punished  with  imprisonment  for  a  term  which  may
extend to six months or with fine which may extend to one thousand rupees
or with both.

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23

of Unfair Labour Practices Act, 1971
(3) If  any  person  refuses  to  sign  any  statement  made  by  him,  when
required  to  do  so  by  the  Industrial  Court  or  a  Labour  Court,  he  shall,  on
conviction,  be  punished  with  imprisonment  for  a  term  which  may  extend  to
three months or with fine which may extend to five hundred rupees or with
both.

V of
1898.

(4) If any offence under sub-section (2) or (3) is committed in the view or
presence of the Industrial Court or as the case may be, a Labour Court, such
Court may, after recording the facts constituting the offence and the statement
of the accused as provided in the *Code of Criminal Procedure, 1898, forward
the case to a Magistrate having jurisdiction to try the same, and may require
security  to  be  given  for  the  appearance  of  the  accused  person  before  such
Magistrate or, if sufficient security is not given, shall forward such person in
custody to such Magistrate. The Magistrate to whom any case is so forwarded
shall proceed to hear the complaint against the accused person in the manner
provided  in  the  said  Code  of  Criminal  Procedure.

(5)  If  any  person  commits  any  act  or  publishes  any  writing  which  is
calculated  to  improperly  influence  the  Industrial  Court,  or  a  Labour  Court
or  to  bring  such  Court  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,  such  person  shall  be  deemed  to  be  guilty  of
contempt  of  such  Court.

(6) In the case of contempt of itself, the Industrial Court shall record the
facts  constituting  such  contempt,  and  make  a  report  in  that  behalf  to  the
High  Court.

(7)  In  the  case  of  contempt  of  a  Labour  Court,  such  Court  shall  record
the facts constituting such contempt, and make a report in that behalf to the
Industrial Court ; and thereupon, the Industrial Court may, if it considers it
expedient  to  do  so,  forward  the  report  to  the  High  Court.

(8) When any intimation or report in respect of any contempt is received
by the High Court under sub-section (6) or (7), the High Court shall deal with
such contempt as if it were contempt of itself, and shall have and exercise in
respect of it the same jurisdiction, powers and authority in accordance with
the same procedure and practice as it has and exercises in respect of contempt
of  itself.

49. 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  which  may  extend  to  five
hundred  rupees.

Penalty for
obstructing
officers from
carrying out
their duties
and for
failure to
produce
documents or
to comply
with requisi-
tion or order.

II of
1974.

*Now see s. 39 of the  Code of Criminal Procedure, 1973.

      (G.C.P.)  H  4120–5  (4,742—02–2016)

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Recovery of
money due
from
employer.

of  Unfair  Labour  Practices  Act,  1971

50. 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  of  one  year,  if  the  court  is  satisfied  that  the
applicant had sufficient cause for not making the application within the said
period.

Recovery of
fines.

51. The  amount  of  any  fine  imposed  under  this  Chapter  shall  be

recoverable  as  arrear  of  land  revenue.

Periodical
returns to be
submitted  to
Industrial
and Labour
Courts.

Modifications
of Schedules.

CHAPTER  X.

MISCELLANEOUS.

52. 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.

53.

(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.

Liability  of
executive of
union.

54. 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.

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25

of Unfair Labour Practices Act, 1971

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.

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

56.

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.

57. 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.

58. 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.

Offence under
section  48(1)
to be
cognizable.

Certain
officers to be
public
servants.

Protection of
action taken
in good-faith.

Pending
proceedings.

59.

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 anytime

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

Bar of
proceedings
under
Bombay or
Central Act.

Act,  or  as  the  case  may  be,  the  Bombay  Act,  then  no  proceeding  shall  at
anytime be entertained by the Industrial or Labour Court under this Act.

60. 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

Bar of suits.

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.

61.

(1)  The  State  Government  may,  by  notification,  in  the Official

Rules.

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 sessions, and if, before the expiry of the session in which

H  4120—5a

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of  Unfair  Labour  Practices  Act,  1971

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  any  such

modification  or  annulment,  shall  be  without  prejudice  to  the  validity  of

anything  previously  done  or  omitted  to  be  done  under  that  rule.

SCHEDULE  I

[See section 20 (2) ]

The Industrial Disputes Act, 1947

1.

In section 3, to sub-section (1), the following proviso shall be added,

namely :—

“  Provided  that,  where  there  is  a  recognised  union  for  any

undertaking under any law for the time being in force, then the recognised

union  shall  appoint  its  nominees  to  represent  the  workmen  who  are

engaged  in  such  undertaking.

Explanation.—In  the  proviso  to  sub-section  (1),  the  expression

‘ undertaking ’  includes  an  establishment.

2.

In  section  10,  in  sub-section  (2),  after  “  appropriate  Government ”,

insert “  on  such  application  being  made  by  a  union  recognised  for  any

undertaking under any law for the time being in force, and in any other case, ”.

3.

In  section  10-A,—

(a)  in sub-section  (1)  after  the words  “  workmen  ”  the words  “  and

where  under  any  law  for  the  time  being  in  force,  there  is  a  recognised

union in  respect of any undertaking,  the employer and  such recognised

union ” shall be inserted ;

(b)  to  sub-section (3-A), the  following  proviso  shall  be  added,

namely :—

“ Provided that, nothing in this sub-section shall apply, where

a  dispute  has  been  referred  to  arbitration  in  pursuance  of  an

agreement  between  the  employer  and  the  recognised  union  under

sub-section (1) of this section.” ;

(c) in sub-section (4-A), after the words, brackets, figure and letter

“ sub-section (3-A)” the words “ or where there is a recognised union for

any  undertaking  under  any  law  for  the  time  being  in  force  and  an

industrial  dispute  has  been  referred  to  arbitration  ”  shall  be  inserted.

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27

4.

In section  18,—

of Unfair Labour Practices Act, 1971

(a) to  sub-section  (1)  the  following  proviso  shall  be  added,

namely :—

“  Provided  that,  where  there  is  a  recognised  union  for  any

undertaking  under  any  law  for  the  time  being  in  force,  then  such

agreement  (not  being  an  agreement  in  respect  of  dismissal,  discharge,

removal,  retrenchment,  termination  of  service,  or  suspension  of  an

employee) shall be arrived at between the employer, and the recognised

union only ; and such agreement shall be binding on all persons referred

to in clause (c), and clause (d), of sub-section (3) of this section.” ;

(b) in sub-section (3), after the word, figure and letter “ section 10A ”

the words “ or an arbitration award in a case where there is a recognised

union  for  any  undertaking  under  any  law  for  the  time  being  in  force  ”

shall  be  inserted.

5.

In section  19,—

(a) after  sub-section  (2),  the  following  sub-section  shall  be  added,

namely :—

“ (2A) Notwithstanding anything contained in this section, where a

union has been recognised under any law for the time being in force, or

where  any  other  union  is  recognised  in  its  place  under  such  law,  then

notwithstanding anything contained in sub-section (2), it shall be lawful

to  any  such  recognised  union  to  terminate  the  settlement  after  giving

two months ’ written notice to the employer in that behalf.”;

(b) to sub-section (7), the following shall be added, namely :—

“ and where there is a recognised union for any undertaking under

any law for the time being in force, by such recognised union.”.

6.

In section 36, to sub-section (7), the following shall be added, namely :—

“  Provided  that,  where  there  is  a  recognised  union  for  any

undertaking  under  any  law  for  the  time  being  in  force,  no  workman  in

such undertaking shall be entitled to be represented as aforesaid in any

such proceeding (not being a proceeding 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)  except

by  such  recognised  union.”.

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of  Unfair  Labour  Practices  Act,  1971

SCHEDULE  II

Unfair  Labour  Practices  on  the  part  of  employers

1. To  interfere  with,  restrain  or  coerce  employees  in  the  exercise  of
their  right  to  organise,  form,  join  or  assist  a  trade  union  and  to  engage  in
concerted activities for the purposes of collective bargaining or other mutual
aid or protection, that is to say—

(a)  threatening  employees  with  discharge  or  dismissal,  if  they  join

a union ;

(b) threatening a lock-out or closure, if a union should be organised ;

(c) granting wage increase to employees  of crucial periods of union
organisation,  with  a  view  to  undermining  the  efforts  of  the  union  at
organisation.

2. To  dominate,  interfere  with,  or  contribute,  support—financial  or

otherwise— to any union, that is to say—

(a)  an  employer  taking  an  active  interest  in  organising  a  union  of

his employees ; and

(b)  an  employer  showing  partiality  or  granting  favour  to  one  of
several unions attempting to organise his employees or to its members,
where such a union is not a recognised union.

3. To  establish  employer  sponsored  unions.

4. To encourage or discourage membership in any union by discriminating

against any employee, that is to say—

(a)  discharging  or  punishing  an  employee  because  he  urged  other

employees to join or organise a union ;

(b)  discharging  or  dismissing  an  employee  for  taking  part  in  any
strike (not  being a  strike which is  deemed to be  an illegal  strike under
this  Act) ;

(c)  changing  seniority  rating  of  employees  because  of  union

activities ;

(d)  refusing  to  promote  employees  to  higher  posts  on  account  of

their  union  activities  ;

(e) giving unmeritted promotions to certain employees, with a view
to  sow  discord  amongst  the  other  employees,  or  to  undermine  the
strength of their union ;

(f )  discharging  office-bearers  or  active  union  members,  on  account

of  their  union  activities.

5. To  refuse  to  bargain  collectivelly,  in  good  faith,  with  the  recognised

union.

6. Proposing  or  continuing  a  lock-out  deemed  to  be  illegal  under  this

Act.

1972 : Mah. I ] Maharashtra  Recognition  of  Trade  Unions  and  Prevention

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of Unfair Labour Practices Act, 1971

SCHEDULE  III

Unfair Labour Practices on the part of Trade Unions

1. To  advise  or  actively  support  or  instigate  any  strike  deemed  to  be

illegal  under  this  Act.

2. To  coerce  employees  in  the  exercise  of  their  right  to  self-
organisation  or  to join  unions  or  refrain  from  joining  any  union,  that  is  to
say—

(a)  for  a  union  or  its  members  to  picketing  in  such  a  manner  that
non-striking employees are physically debarred from entering the work-
place ;

(b)  to  indulge  in  acts  of  force  or  violence  or  to  hold  out  threats  of
intimidation in connection with a strike against non-striking employees
or against managerial staff.

3. For a recognised union to refuse to bargain collectively in good faith

with  the  employer.

4. To indulge in coercive activities against certification of a bargaining

representative.

5. To  stage,  encourage  or  instigate  such  forms  of  coercive  actions  as
willful  “  go  slow  ”  squatting  on  the  work  premises  after  working  hours  or
“gherao ” of any of the members of the managerial or other staff.

6. To  stage  demonstrations  at  the  residences  of  the  employers  or  the

managerial staff  members.

SCHEDULE   IV

General  Unfair  Labour  Practices  on  the  part  of  employers

1. To  discharge  or  dismiss  employees—

(a) by way of victimisation ;

(b)  not  in  good  faith,  but  in  colourable  exercise  of  the  employer’s

rights ;

(c)  by  falsely  implicating  an  employee  in  a  criminal  case  on  false

evidence  or  on  concocted  evidence  ;

(d) for patently false reasons ;

(e) on untrue or trumped up allegation of absence without leave ;

(f )  in  utter  disregard  of  the  principles  of  natural  justice  in  the

conduct  of  domestic  enquiry  or  with  undue  haste ;

(g) for misconduct of a minor or technical character, without having
any regard to the nature of the particular misconduct or the past record
of service of the employee, so as to amount to a shockingly dispraportionate
punishment.

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Maharashtra  Recognition  of  Trade  Unions  and  Prevention [1972  :  Mah. I

of  Unfair  Labour  Practices  Act,  1971

2. To  abolish  the  work  of  a  regular  nature  being  done  by  employees,

and to give such work to contractors as a measure of breaking a strike.

3. To transfer an employee mala fide from one place to another, under

the  guise  of  following  management  policy.

4. To  insist  upon  individual  employees,  who  were  on  legal  strike,  to
sign  a  good  conduct-bond,  as  a  pre-condition  to  allowing  them  to  resume
work.

5. To  show  favouritism  or  partiality  to  one  set  of  workers,  regardless

of  merits.

6. To  employ  employee  as  “ badlis ”, casuals  or  temporaries  and  to
continue  them  as  such  for  years,  with  the  object  of  depriving  them  of  the
status  and  privileges  of  permanent  employees.

7. To discharge or discriminate against any employee for filing charges
or  testifying  against  an  employer  in  any  enquiry  or  proceeding  relating  to
any  industrial  dispute.

8. To  recruit  employees  during  a  strike  which  is  not  an  illegal  strike.

9. Failure  to  implement  award,  settlement  or  agreement.

10. To  indulge  in  act  of  force  or  violence.

PRINTED AT THE GOVERNMENT CENTRAL PRESS, MUMBAI

32

Maharashtra  Recognition  of  Trade  Unions  and  Prevention [1972  :  Mah. I

of  Unfair  Labour  Practices  Act,  1971

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