  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        1 

The Bombay Industrial Relations Act, 19461 
Bombay Act No. XI of 19472 

(15th April 1947) 

An  Act  to  regulate  the  relations  of  employers  and  employees,  to  make 
provision  for  settlement  of  industrial  disputes  and  to  provide  for  certain 
other purposes. 

WHEREAS  it  is  expedient  to  provide  for  the  regulation  of  the  relations  of 
employers  and  employees  in  certain  matters,  to  consolidate  and  amend  the  law 
relating  to  the  settlement  of  industrial  disputes  and  to  provide  for  certain  other 
purposes.  It is hereby enacted as follows:- 

CHAPTER I 
Preliminary 

1. Short title.- This Act may be called the Bombay Industrial Relations Act, 

1946. 

2.    Extent,  commencement  and  application.-    (1)  This  Act  extends  to  the 

3[whole of the State of Maharashtra]. 

(2)  It  shall  come  into  force  on  such  date  as  the  4[State]  Government  may  by 

notification in the Official Gazette specify: 

5[Provided  that,  on  the  commencement  of  the  Bombay  Industrial  Relations 
(Extension  and  Amendment)  Act,  1964  this  Act  shall  come  into  force  in  those 
areas  of  the  Vidarbha  area  of  the  State  in  which  immediately  before  such 
commencement  the  Central  Provinces  and  Berar  Industrial  Disputes  Settlement 
Act, 1947, was in force]. 

(3)  In  the  areas  in  which  the  Bombay  Industrial  Disputes  Act,  1938,  was  in 
force immediately before the commencement of this Act, this Act shall apply to the 
industries to which the said Act applied: 

6[Provided that this Act shall cease to apply with effect from the date on which 
the Bombay Industrial Relations (Amendment) Act, 1949, comes into force, to the 
Imperial  Bank  of  India  and  any  banking  company  as  defined  in  section  5  of  the 
Banking Companies Act, 1949, having branches or other establishments  in more 
than one 7[State]. 

1  For  Statement  or  Objects  and  Reasons,  see  Bombay  Government  Gazette,  1946,  Pt.  V,    p.209;  and  for 
Proceedings  in  Assembly,  see  Bombay  Legislative  Assembly  Debates,  1946,  Vol.IX;  and  for  Proceedings  in 
Council, see Bombay Legislative Council, Debates, 1946, Vol. XI 

2 This Act is extended to the rest of the State of Maharashtra (vide Mah. 22 of 1965, S.2) 
3  Subs. by Mah. 22 of 1965 
4  Subs. by the Adaptation of Laws Order, 1950. 
5  Added by Mah. 22 of 1965. 
6  Added  by  Bom.  55  of  1949,  Addition  of  the  said  proviso  shall  not  affect  any  proceedings,  the    other  than  a 
proceeding in respect of a reference made by the State Government or any officer or authority subordinate to it, 
pending  before  the  Industrial Court or  a Labour  Court  or the Registrar on  the date on  which Bom.55 of 1949 
comes into force and to which the Imperial Bank of India or a banking company referred to in the said proviso 
is a party,and such  proceeding shall be continued and disposed of as if Bom. 55 of 1949 had not been passed 
(vide S.20 of Bom.55 of 1949). 

7 Subs. by the Adaptation of Laws Order, 1950. 

 
 
 
 
                                                 
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THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(4)    The    1[State]  Government  may  by  notification  in  the  Official  Gazette      

apply all or any of the provisions of this Act to all or any other industries, whether 
generally or any local area as may be specified in such notification. 

2[Provided  that  on  the  commencement  of  the  Bombay  Industrial  Relations 
(Extension and Amendment) Act, 1964, all the provisions of this Act shall apply to 
those industries in the Vidarbha area of the State to which the Central Provinces 
and Berar Industrial Disputes Settlement Act, 1947, applied.] 

3[(5)  The  State  Government  may,  by  notification in  the  Official  Gazette,  direct 
that  the  provisions  of  this  Act  shall  cease  to  apply  to  such  industry  in  such  area 
and from such date as may be specified in the notification; and thereupon on that 
date, the provisions of this Act shall cease to apply to that industry  in such area, 
and  thereupon,  the  provisions  of  section  7  of  the  Bombay  General  Clauses  Act, 
1904, shall apply to such cessor as if this Act had then been repealed in relation to 
the said industry in such area by a Maharashtra Act. 

(6) On the application of this Act to any industry generally or in any area, in the 
manner provided in  the foregoing provisions of this section, all rules, regulations, 
orders  and  notifications  made  or  issued  or  deemed  to  be  made  or  issued  under 
this  Act,  and  in  force  in  the  Bombay  area  of  the  State  immediately  before  such 
application  to  any  industry  shall  in  so  far  as  they  are  not  inconsistent  with  the 
provisions  of  the  principal  Act,  as  amended  by  the  Bombay  Industrial  Relations 
(Extension  and  Amendment) Act,  1964, also  apply to such industry generally, or 
as the case may be, in that area until duly rescinded or amended.] 

3.  Definitions.- In this Act unless there is anything repugnant in the subject or 

context - 

(1)  "approved  list"  means  the  list  of  approved  unions  maintained  by  the 

Registrar under section 12; 

(2)  "approved union" means a union on the approved list; 
(3)  "arbitration proceeding” means- 

(a) any proceeding under this Act before an arbitrator, 
(b) any proceeding before a Labour Court,4[a Wage Board] or the Industrial 

Court in arbitration; 

(4)  "arbitrator"  means  an  arbitration  to  whom  a  dispute  is  referred  for 

arbitration under the provisions of this Act and includes an umpire; 

(5)  "association  of  employers"  means  any  combination  of  employers 

recognised by the 5[State]  Government under section 27; 

(6)  "award"  means  any  6[interim,  final  or  supplementary]  determination  in  an 
arbitration  proceeding  of  any  industrial  dispute  or  of  any  question  relating 
thereto; 

(7)  "board" means a Board of Conciliation appointed under section 7; 
(8)  "change" means an alteration in an industrial matter; 

1 Subs. by the Adaptation of Laws Order, 1950. 
2  Added by Mah. 22 of 1965. 
3  Added by Ibid. 
4  Ins. by Bom. 74 of 1948. 
5  Subs. by the Adaptation of Laws Order, 1950. 
6  Subs. by Bom. 55 of 1949. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        3 

 1[(8A)  "closure"  means  the  closing  of  any  place  or  part  of  a  place  of 
employment or the total or partial suspension of work by an employer or the 
total  or  partial  refusal  by  an  employer  to  continue  to  employ  persons 
employed by him, whether such closing, suspension or refusal is or is not in 
consequence of a industrial dispute;] 

NOTE 
Lock-out is not closure of business.-It is only a refusal to employ the persons and not a 
refusal to carry on the business, In lock-out it  is closure of place of business while in case 
of  closure  the  business  itself  is  closed  irrevocably  and  permanently.  Krishnamurthi  v. 
Industrial Tribunal, Madras, (1961) 2 FJR 94. 

------------ 
(9)  "Commissioner  of  Labour"  means  an  officer  appointed  by  the  2[State] 
Government for the time being to be the Commissioner of the Labour; and 
in respect of any of the powers and duties of the Commissioner of Labour 
that may be conferred and imposed on any person, includes such person; 
(10)  "Conciliation proceeding" means any proceeding held by a Conciliator or 

a Board under this Act; 

(11)  "Conciliator”  means  any  Conciliator  appointed  under  this  Act  and 
includes  the  Chief  Conciliator  3[and  Additional  Chief  Conciliator]  or  a 
Special Conciliator; 

(12)  "Court of Enquiry" means a Court constituted under section 100; 
(13)  "employee"  means  any  person  employed  to  do  any  skilled  or  unskilled 

4***** work for hire or reward in any industry, and includes - 

(a) a person employed by a contractor to do any work for him in the execution 
of  a  contract  with  an  employer  within  the  meaning  of  sub-clause  (e)  of 
clause (14); 

(b) a person who has been,  5[dismissed,  discharged or retrenched or whose 
services  have  been  terminated,]  from  employment  on  account  of  any 
dispute  relating  to  change  in  respect  of  which  a  notice  is  given  or  an 
application made under section 42 whether before or after his 6[dismissal, 
6[dismissal, discharge, retrenchment or, as the case may be, termination 
from employment]; 

7[but does not include - 

(i)   a person employed primarily in a managerial, administrative, supervisory 
or  technical  capacity  8[drawing  basic  pay  (excluding  allowances) 
exceeding 9[six thousand five hundred rupees per month;] 

(ii)   any other person or class of persons employed in the same capacity as 
those specified in clause (i) above irrespective of the amount of the pay 

1  Ins.by Bom 74 of 1948. 
2  Subs. by the Adaptation of Laws Order, 1950. 
3  Ins. by Mah. 22 of 1965. 
4  Deleted by Bom. 63 of 1953. 
5  Subs. by Mah. 22 of 1965. 
6  Subs. by Ibid. 
7  Added by Bom. 63 of 1953. 
8  Subs. by Mah. 22 of 1965. 
9  Subs. by Mah. Act No.38 of 2005 dt. 23.8.2005 

 
 
                                                 
 
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THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

drawn by such persons which the State Government may, by notification 
in the Official Gazette, specify in this behalf;] 

NOTE 
The  petition  is  filed  against  the  orders  passed  by  the  Labour  Court  declaring  the  strike 
resorted  to  by  the  Technical,  Supervisory  and  Clerical  Staff  of  the  Mills  as  illegal,  on  an 
application filed by the Mills. 
Now the main issues are : 1.  Are the Technical, Supervisory and Clerical Staff employees 
within the meaning of amended definition  vide section 3(13) of  the  Act; 2.  Can-individual 
employees  who  had  gone  on  strike  have  any  locus  standi  in  preference  the  recognised 
union appearing before the Labour Court? 
HELD  :  1.  The  workmen  concerned  who  had  gone  on  strike  were  clerks  and  though  the 
definition  has  deleted  the  words  "manual  or  clerical",  this  only  enlarges  the  scope  of  the 
definition. That they are not  excluded should be clear from the standing orders which form 
part of the B.I.R Act and with reference to the fact that the B.I.R Act applies  to the business 
of  banking  where  mostly  the  work  of  the  clerical  nature  is  carried  on.  2.  The  finding 
recorded  by  the  Labour Court  that  once the  recognised  Union  appears  in  the  proceeding 
then  the  others  have  no  locus  standi  is  also  wholly  justified  in  view  of  the  provisions  of 
section 27A of the  Act  as  interpreted  by Supreme Court in  AIR 1978 SC 202-   Santuram 
Khudai v. Printers and Processors Pvt. Ltd. 1982 APS L C 10. 

(14)  "employer" includes - 

******* 

(a) an association or a group of employers; 
(b) any agent of an employers; 
(c) where  an  industry  is  conducted  or  carried  on  by  a  department  of  the 
1[State]  Government,  the  authority  prescribed  in that  behalf,  and where 
no such authority has been prescribed, the head of the department; 
(d) where  an  industry  is  conducted  or  carried  on  by  or  on  behalf  of  a  local 

authority, the chief executive officer of the authority; 

(e) where the owner of any undertaking in the course of or for the purpose of 
conducting  the  undertaking  contracts  with  any  person for  the  execution 
by or under the contractor of the whole or any part of any work which is 
ordinarily part of the undertaking, the owner of the undertaking; 
(15)  "illegal  change"  means  an  illegal  change  within  the  meaning  of  sub-

section (4) or (5) of section 46; 

(16)  "industrial  Court"  means  the  Court  of  Industrial  Arbitration  constituted 

under section 10; 

(17)  "industrial  dispute"  means  any  dispute  or  difference  between  an 
employer and employee or between employers and employees or between 
employees  and  employees  and  which  is  connected  with  any  industrial 
matter; 

(18)  "Industrial  matter"  means  any  matter  relating  to  employment,  work, 
wages,  hours  of  work,  privileges,  rights  or  duties  of  employers  or 
employees,  or  the  mode,  terms  and  conditions  of  employment,  and 
includes-  
(a)  all  matters  pertaining  to  the  relationship  between  employers  and 

employees, or to the dismissal or non-employment of any person; 

1  Subs. by the Adaptation of Laws Order, 1950. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        5 

(b)  all matters pertaining to the demarcation of functions of any employee 

or classes of employees; 

(c)  all  matters  pertaining  to  any  right  or  claim  under  or  in  respect  of  or 
concerning  a  registered  agreement  or  a  submission,  settlement  or 
award made under this Act; 

(d)  all questions of what is fair and right in relation to any industrial matter 
having regard to the interest of the person immediately concerned and 
of the community as a whole; 

(19)  "industry" means - 

(a)  any business, trade, manufacture or undertaking or calling of employers; 
(b)  any  calling,  service,  employment,  handicraft,  or  industrial  occupation  or 

avocation of employees;  

and includes - 

(i) agriculture and agricultural operations; 
(ii)  any  branch  of  an  industry  or  group  of  industries  which    the  1[State] 
Government may by notification in the  Official Gazette declare to be an 
industry for the purposes of this Act; 

(20)  "Joint  Committee"  means  a  Joint  Committee  constituted  under  section 

48; 

(21)  "Labour Court" means a Labour Court constituted under section 9; 
(22)  "Labour  Officer"  means  an  officer  appointed  to  perform  the  duties  of  a 
Labour  Officer under this Act;  and includes in  respect of such powers and 
duties of the Labour  Officer as may be conferred  and imposed  on him, as 
Assistant Labour Officer; 

(23)  "local area" means any area 2[(including the entire State)] notified as a 

local area for the purposes of this Act 3[or for different industries;] 

(24)  "lock-out" means the closing of a place or part of a place of employment 
or  the  total  or  partial  suspension  of  work  by  an  employer  or  the  total  or 
partial refusal by an employer to continue to employ persons employed by 
him,  where  such  closing,  suspension  or  refusal  occurs  in  consequence  of 
an industrial dispute and is intended for the purpose of - 

(a)  compelling  any  of  the  employees  directly  affected  by  such  closing, 

suspension or refusal or any other employees of his, or 

(b)  aiding any other employer in compelling persons employed by him, to 

accept any term or condition of or affecting employment; 

NOTE 
Section  2(I)  of  the  I.D.  Act  defines  lock-outs  "closing  of  a  place  of  employment  or  the 
suspension  of  work  or  the  refusal  by  an  employer  to  continue  to  employ  any  number  of 
persons employed by him." 
Like strikes, lock-out must involve more than one workmen.  Individual workmen cannot be 
locked out. Singareni Collieries Co. Ltd. v. Their Mining Sirdas 1967 (15) F.L.R. 25. 

------ 

1  Subs. by the Adaptation of Laws Order, 1950. 
2  Ins. by Mah. 22 of 1965. 
3  Added by ibid. 

 
 
                                                 
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THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(25)  "member"  means  a  person  who  is  an  ordinary  member  of  a  union  and 
who  has  paid  a  subscription  of  not  less  than  1[twenty-  five  paise]  2[per 
calendar month]: 

Provided  that  no  person  shall  at  any  time  be  deemed  to  be  a  member  if  his 
subscription is in arrears 3[for a period of more than three calendar months during 
the period of six months immediately preceding such time]. 

4[Explanation.-  A  subscription  for  a  particular  calendar  month  shall,  for  the 
purposes of this clause, be deemed to be in arrears if such subscription is not paid 
by the end of the calendar month in respect of which it is due]; 

(26)  "occupation”  means  such  section  of  an  undertaking  as  it  is  recognised 

under section 11 to be an occupation; 

(27)  "prescribed" means  prescribed  by rules made under this Act; 
(28)  "Primary Union" means a union for the time being registered as a Primary 

Union under this Act; 

(29)  "Qualified  Union"  means  a  union  for  the  time  being  registered  as  a 

Qualified Union under this Act; 

(30)  "registered union" means a union registered under this Act; 
(31)  "Registrar"  means  a  person  for  the  time  being  appointed  to  be  the 
Registrar  of  Unions  under  this  Act;  and  includes  5[an  Additional  Registrar 
and]  in  respect  of  such  powers  and  duties  of  the  Registrar  as  may  be 
conferred and imposed on him, an Assistant Registrar of Unions; 

(32)  "representative  of  employees"  means  a  representative  of  employees 

entitled 6[to appear or act] as such under section 30; 

(33)  "Representative Union" means a union for the time being registered as a 

Representative Union under this Act; 

(34)  "schedule" means a schedule appended to this Act; 
(35)  "settlement"  means  a  settlement  arrived  at  during  the  course  of  a 
conciliation  proceeding;7[and  for  the  purposes  of  section  44B  includes  a 
settlement arrived at within  two months from the date  of the completion of 
any conciliation proceeding which has failed]; 

8[35A] "stoppage" means a total or partial  cessation of work by the employees 
in  an  industry  acting  in  combination  or  a  concerted  refusal  or  a  refusal 
under  a  common  understanding  of  employees  to  continue  to  work  or  to 
accept work, whether such cessation or refusal is or is not in consequence 
of an industrial dispute;] 

(36)  "strike" means a total or partial cessation of work by the employees in an 
industry  acting  in  combination  or  a  concerted  refusal  or  a  refusal  under  a 
common understanding of employees to continue to work or to accept work, 
where such cessation or refusal is in consequence of an industrial dispute; 

1  Subs. by Mah. 22 of 1965. 
2  Subs. by Bom. 63 of 1953. 
3  Subs. by Mah. 22 of 1965. 
4  Ins. by Bom. 63 of 1953. 
5  Ins. by Mah. 22 of 1965. 
6  Subs. by Bom. 55 of 1949. 
7  Added by  Bom. 63 of 1953 
8  Ins. by Bom. 74 of 1948. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        7 

(37)  "undertaking"  means  such  concern  in  any  industry  as  is  recognised  by 

the Registrar under section 11; 

(38)  "union" means  a Trade Union of employees which is registered under the 

Indian Trade Unions Act, 1926. 

 1[(38A) "Wage Board" means a Wage Board constituted under section 86A]: 
(39)  "wages"  means  remuneration  of  all  kinds  capable  of  being  expressed  in 
terms of money and payable to an employee in respect of his employment 
or work done in such employment and includes - 

   (i)  any  bonus,  allowances  (including  dearness  allowances),  reward  or 

additional remuneration; 

  (ii) the value of any house accommodation, light, water, medical attendance 

or other amenity or service; 

  (iii) any contribution by the employer to any person or provident fund; 
  (iv)  any travelling allowance or the value of any travelling concession; 

(v)  any  sum  paid  or  payable  to  or  on  behalf  of  an  employee  to  defray 
special expenses entailed on him by the nature of his employment;  

          2[(vi) gratuity payable, if any]. 

CHAPTER II 
Authorities to be constituted or appointed under this Act 

4.  Commissioner  of  Labour.  -The  Subs.  by  the  Adaptation  of  Laws  Order, 
1950.  3[State]  Government  shall,  by  notification  in  the  Official  Gazette,  appoint  a 
person to be Commissioner of Labour. 

(2)  The  3[State] Government may, by general or  special order, notified in the 
Official  Gazette  confer  and  impose  all  or  any  of  the  powers  and  duties  of  the 
Commissioner of Labour on any person whether generally or for any local area. 

5.  Registrar  4[Additional  Registrars]  and  Assistant  Registrars  -.The 
3[State] Government shall, by notification in the Official Gazette, appoint a person 
to be the Registrar of Unions for 5[the whole of the State of Maharashtra]. 

6[(1A) The State Government may, by similar notification, appoint one or more 
more  Additional  Registrars  of  Unions  for  the  whole  State  or  for  any  local  area 
thereof.    An  Additional  Registrar  of  Unions  shall  exercise  such  powers  and 
perform such duties of the Registrar under the provisions of this Act, as the State 
Government may, by notification in the Official Gazette, specify in this behalf. 

(1B)  An  Additional  Registrar  shall  not  be  subordinate to  the  Registrar  except 
as  respect  such  matters  as  the  State  Government  may,  by  general  or  special 
order, specify in this behalf.] 

(2)  The  3[State]  Government  may,  by  similar  notification,  appoint  a  person  to 
be  the  Assistant  Registrar  of  Unions  for  any  local  area  and  may,  by  general  or 
special  order,  confer  on  such  person  all  or  any  of the  powers  of  the  Registrar  of 
Unions under this Act. 

1  Ins.by Bom. 43 of 1948. 
2  Subs. by Mah. 22 of 1965. 
3  Subs. by the Adaptation of Laws Order, 1950. 
4  Added by Mah. 22 of 1965. 
5  Subs. by Mah. 22 of 1965. 
6  Ins. ibid. 

 
 
                                                 
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THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

6. Conciliators.-(1) The 1[State] Government shall appoint a person to be the 
Chief  Conciliator.    His  jurisdiction  shall  extend  2[throughout  the  3[State  of 
Maharashtra]. 

4[(1A)  The  State  Government  may  appoint  one  or  more  Additional  Chief 
Conciliators for the whole State or for any local area thereof.  An Additional Chief  
Conciliator  shall  exercise  such  powers  and  perform  such  duties  of  the  Chief 
Conciliators  under  the  provisions  of  this  Act  as  the  State  Government  may,  by 
notification in the Official Gazette, specify in this behalf. 

(1B)  An  Additional  Chief  Conciliator  shall  not  be  subordinate  to  the  Chief 
Conciliator,  except  as  respects,  such  matters  as  the  State  Government  may,  by 
general or special order, specify in this behalf.] 

(2)  The  1[State]  Government  may,  by  notification  in  the  Official  Gazette, 
appoint any person to be a Conciliator for any industry in a local area specified in 
the notification. 

(3)  The  1[State]  Government  may,  by  notification  in  the  Official  Gazette, 
appoint  any  person  to  be  a  Special  Conciliator  for  such  local  area  or  for  such 
industry  for  such  local  area  or  for  such  industrial  dispute  or  class  of  disputes  as 
may be specified in the notification. 

7.  Board  of  Conciliation  -  (1)  When  an industrial  dispute  arises  the  1[State] 
Government  may,  by  notification  in  the  Official  Gazette,  constitute  a  Board  of 
Conciliation for promoting the settlement of such dispute. 

(2)  The  Board  shall  consist  of  a  Chairman  who  shall  be  an  independent 
person  and  an  even  number  of  members.    Every  member  shall  be  either  an 
independent person or a person chosen by the 1[State] Government from a panel 
representing  the  interests  of  the  employers  or  employees,  provided  that  the 
number  of  persons  chosen  from  panels  representing  employers  and  the  number 
chosen from panels representing employees shall be equal.  Such panels shall be 
constituted in the manner prescribed. 

(3)  If  any  vacancy  occurs  in  the  office  of  the  Chairman  or  a  member  of  the 
Board before the Board has completed its work, such vacancy shall be filled in the 
manner prescribed and the proceedings shall be continued before the Board as so 
reconstituted from the stage at which they were when the vacancy occurred. 

  Explanation.-For the purposes of this section a person shall be deemed to be 
an independent person if he is unconnected with the dispute for the settlement of 
which the Board is constituted and the industry directly affected by the dispute. 

8.  Labour  Officers  and  Assistant  Labour  Officers.-(1)  The  1[State] 
Government  may,  by  notification  in  the  Official  Gazette,  appoint  Labour  Officers 
for any local area or areas. 

(2)  The  1[State]  Government  may,  by  similar  notification  appoint  Assistant 
Labour  Officer  for  any  local  area  or  areas,  and  may  by  general  or  special  order 
confer on them all or any of the powers of the Labour Officer under this Act. 

9.  Labour  Courts.-The  1[State]  Government  shall,  by  notification  in  the 
Official Gazette, constitute one or  more Labour Courts having jurisdiction in such 

1  Subs. by the Bom. Adaptation of Laws Order, 1950. 
2  Subs. by the Bom. Adaptation of Laws Order, 1950. 
3  Subs. by  Mah. 22 of 1965, s.6(a) . 
4  Ins. by ibid., s.6(b)   

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        9 

local  areas  as  may  be  specified  in  such  notification  and  shall  appoint  persons 
having 1[the following qualifications] to preside over such Courts: 

2[A  person  shall not  be qualified for appointment as  the presiding officer of a 

Labour Court, unless- 

(a) he has held any judicial office in India for not less than five years; or 
(b) he has practised as an Advocate or Attorney for not less than seven years 
in  the  High  Court  or  any  Court  subordinate  thereto,  or  in  any  Industrial 
Court,  Tribunal  or  Labour  Court  constituted  under  any  law  for  the  time 
being in force; or 

(c)  he holds a degree in law of a University established by law in any part of 
India and is holding or has held  an office not  lower  in rank than that of 
Deputy Registrar of any such Industrial Court or Tribunal, or of Assistant 
Commissioner of Labour under the State Government, in both cases for 
not less than five years.] 

10. Industrial Court - (1) The 3[State] Government shall constitute a Court of 

Industrial Arbitration. 

(2) The Industrial Court shall consist of three or more members, one of whom 

shall be its President. 

(3)  Every  member  of  the  Industrial  Court  shall  be  a  person  4[who  is  not 
connected  with  the  industrial  dispute  referred  to  such  court  or  with  any  industry 
directly affected by such dispute: 

Provided that no person  shall  be deemed to be connected with the industrial 
dispute or with the industry by reason only of the fact that he is a shareholder of 
an incorporated company which is connected with, or likely to be affected by such 
industrial  dispute;  but in  such  a  case,  he  shall  disclose  to  the  State  Government 
the nature and extent of the shares held by him in such company.] 

(4)  Every member of the Industrial Court shall be a person who is or has been 

a judge of High Court or is eligible for being appointed a judge of such Court:   

5[Provided that,- 
(a) a  person who has  been a Judge not lower in rank than that of Assistant 

Judge, for not less than three years; or 

(b) a person who has been the presiding officer of a Labour Court constituted 

under any law for the time being in force, for not less than five years; or 

(c) a person who holds a degree in law of a University established by law in 
any  part  of  India  and  is  holding  or  has  held  an  office not  lower in  rank 
than  that  of  Assistant  Commissioner  of  Labour  under  the  State 
Government, for not less than ten years,  

shall also be eligible for appointment as a member of the Industrial Court: 
Provided further that, one member of the Industrial Court may be a person not 
so  eligible,  if  in  the  opinion  of  the  State  Government  he  possesses  expert 
knowledge of Industrial matters.] 

1  Subs. by Mah. 47 of 1977. 
2  Subs. by ibid. 
3  Subs. by the Bom. Adaptation of Laws Order, 1950. 
4  Subs. by Bom. 35 of 1956. 
5  Subs. by Mah. 47 of 1977. 

 
 
                                                 
10 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

CHAPTER III 
Registration of Unions 

11.  Recognition  of  undertakings  and  occupations.-  The  Registrar  may, 

after making such inquiry as he deems fit, recognise for the purposes of this Act- 

(1)  any concern in an industry to be an undertaking; 
(2)  any section of an undertaking to be an occupation. 

12. Maintenance of registers and approved list. - It shall be the duty of the 

Registrar to maintain in such forms as may be prescribed- 

(a)  registers of unions registered by him under the provisions of this Act, 

and 

 (b) a list of approved unions. 

13.    Application  for  registration.-  (1)  Any  union which  has  for the  whole  of 
the  period  of  1[three  calendar  months  immediately  preceding  the  calendar  month 
in which it so applies] under this section a membership of 2[not less than twenty-
five  per  cent]  of  the  total  number  of  employees  employed  in  any  industry  in  any 
local  area may  apply  in  the  prescribed  form  to the  Registrar for  registration  as  a 
Representative Union for such industry in such local area. 

(2) If in any local area no Representative Union has been registered in respect 
of  an  industry  a  union  which  has  for  the  whole  of  the  period  of  3[three  calendar 
months  immediately  preceding  the  calendar  month  in  which  it  so  applies]  under 
this  section  a  membership  of  not  less  than  five  per  cent  of  the  total  number  of 
employees employed in such industry in the said area may apply in the prescribed 
form to the Registrar for registration as a Qualified Union for such industry in such 
local area. 

(3) If in  any local area, neither a Representative  Union nor  a Qualified Union 
has been registered in respect of an industry, a union having a membership of not 
less  than  fifteen  per  cent  of  the  total  number  of  employees  employed  in  any 
undertaking  in  such  industry  in  the  said  area  and  complying  with  the  conditions 
specified in section 23 as necessary for its being placed on the approved list may 
apply in the prescribed form to the Registrar for registration as a Primary Union for 
such industry in such local area. 

4[(4)  Notwithstanding  anything  contained  in  this  section,  if  a  union  makes  a 
fresh application for registration as a Representative Union, Qualified Union, or as 
the  case  may  be,  Primary  Union,  before  a  previous  application  for  such 
registration  has  been  finally  disposed  of  by  the  Registrar,  the  Registrar  shall  not 
entertain such application.] 

14. Registration of union.- On receipt of an application from a union for 
registration under section 13 and on payment of the fee prescribed, the Registrar 
shall, if after holding such inquiry as he deems fit he comes to the conclusion that 
the conditions requisite for  registration specified in the said section are satisfied 
and that the union is not otherwise disqualified for registration, enter the name of 
the union in the appropriate register maintained under section 12 and issue a 
certificate of registration in such form as may be prescribed: 

1  Subs. by Bom. 63 of 1953. 
2  Sub. by Mah. 22 of 1965. 
3  Subs. by Bom 63 of 1953. 
4  Added by ibid. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        11 

Provided- 
Firstly,  that  in  any  local  area  there  shall  not  at  any  time  be  more  than  one 

registered union in respect of the same industry; 

Secondly,  that  in  any  local  area  the  Registrar  shall  in  respect  of  an  industry 
for  registration  as  a 
the  conditions  necessary 
register  a  union 
Representative  Union  in  preference  to  one  not  fulfilling  the  said  conditions,  and 
failing  such  a  union  fulfilling  the  conditions  necessary  for  registration  as  a 
Qualified Union in preference to one not fulfilling such conditions: 

fulfilling 

Thirdly,  that  where  two  or  more  unions  fulfilling  the  conditions  necessary  for 
registration apply for registration in respect of the same industry in any local area 
1[in the same calendar month] subject to the provisions of the second proviso, the 
union  [upon]  having  the  largest  membership  of  employees  employed  in  the 
industry  2[for a period of three months immediately preceding the calendar month 
in  which  they  apply]  shall  be  registered  3[and  no  applications  for  registration 
received  in  any  subsequent  calendar  month  shall  be  considered,  until  the 
applications  received  first  in  the  same  calendar  month  are  disposed  of  by  the 
Registrar]:       

Fourthly,  that  the  Registrar  shall  not  register  any  union  if  he  is  satisfied  that 
the  application  for  its  registration  is  not  made  bona  fide  in  the  interest  of  the 
employees  but  is  made  in  the  interest  of  the  employers  to  the  prejudice  of  the 
interest of the employees:  

4[Fifthly, that the Registrar shall not register any union if at any time, within six 
months  immediately  preceding  the  date  of  the  application  for  registration  or 
thereafter  the  union  has  instigated,  aided  or  assisted  the  commencement  or 
continuation of a strike or stoppage which has been held or declared to be illegal: 

Sixthly, that the Registrar shall not register any union, if the rules of the union 
relating  to  its  members  contain  any  provision  debarring  any  employee  in  the 
industry concerned from being a member of such union on the ground that he is or 
is not an employee in any particular undertaking in the said industry.] 

15.  Cancellation  of  registration-  The  Registrar  shall  cancel  the  registration 

of a union -- 

(a)  if the Industrial Court directs that the registration of such union shall be 

cancelled; 

(b)  if  5[after giving notice to such union to show  cause why its registration 
should  not  be  cancelled  and]  after  holding  such  inquiry,  if  any,  as  he 
deems fit, he is satisfied- 
(i) that it was registered under mistake, misrepresentation or   fraud; or 
(ii) that the membership of the union has for a continuous period of three 
6[calendar] months fallen below the minimum required under section 
13 for its registration: 

1  Added by Mah. 22 of 1965. 
2  Ins. by ibid. 
3  Ins. by ibid. 
4  Added by Bom. 74 of 1948. 
5  Ins. by Bom. 62 of 1963. 
6  Subs.by Bom. 63 of 1953. 

 
                                                 
12 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

Provided that where a strike or a closure not being an illegal strike or closure 
under this Act in an industry  involving  more than a third  of the employees in the 
industry  in  the  area  has  extended  to  a  period  exceeding  fourteen  days  in  any 
calendar  month,  such  month  shall  be  excluded  in  computing  the  said  period  of 
three months: 

Provided  further  that  the  registration  of  a  union  shall  not  be  cancelled  under 
the provisions of this sub-clause unless its membership 1[for the calendar month in 
which  show  cause  notice  under  this  section  was  issued]  was  less  than  such 
minimum; or 

(i) that the registered union being a Primary Union has after registration failed 

to observe any of the conditions specified in section 23; or 

(ii) that the registered union is not being conducted bona fide in the interests 
of  employees  but  in  the  interests  of  employers  to  the  prejudice  of  the 
interest of employees; or 

(iii)  that  it  has  instigated,  aided  or  assisted  the  commencement  or 
continuation of 2[a strike or a stoppage which has been held or declared to 
be illegal]; 

(c)  if its registration under the Indian Trade Unions Act, 1926, is cancelled. 
16.  Registration of another union in place of existing registered union.-  
(1)  If  at  any  time  any  union  (hereinafter  in  this  section  referred  to  as  "applicant 
Union") makes an application to the Registrar for being registered in place of the 
union  al-  ready  registered  (hereinafter  in  this  section  referred  to  as  "registered 
union")  for  an  industry,  in  a  local  area,  on  the  ground  that  it  has  a  larger 
membership  of  employees  employed  in  such  industry  the  Registrar  shall  3[if  a 
period  of  two  years  has  elapsed  since  the  date  of  registration  of  the  registered 
union,] call upon the registered union  by a notice in writing to show cause within 
4[thirty  days]  of  the  receipt  of  such  notice  why  the  applicant  union  should  not  be 
registered  in  its  place.    An  application  made  under  this  sub-section  shall  be 
accompanied by such fee as may be prescribed: 

5[Provided that, the Registrar shall not entertain any application for registration 
registration of a union, unless a period of one year has elapsed since the date of 
disposal of the previous application of the union.] 

(2)  The  Registrar  shall  forward  to  the  Labour  Officer  a  copy  of  the  said 

application and notice. 

(3) If, on the expiry of the period of notice under sub-section (1), after holding 
such  inquiry  as  he  deems  fit,  the  Registrar  comes  to  the  conclusion  that  the 
applicant union complies with the conditions necessary for registration specified in 
section 13, and that its membership was during the whole of the period of  6[three 
calendar months immediately preceding the calendar month in which it  made the 
application] under this section larger than the membership of the registered union, 
he shall subject to the provisions of section 14 register the applicant union in place 

1  Subs.by Bom. 63 of 1953. 
2  Subs. by Bom. 74 of 1948. 
3  Ins.by Mah. 22 of 1965. 
4  Subs. by Bom. 63 of 1953. 
5  Added by Mah. 22 of 1965. 
6  Subs. by Bom. 63 of 1953. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        13 

of the registered union  1[and issue a certificate of registration in such form as may 
be prescribed.] 

(4)  Every  application  made  under  this  section  shall  be  published  in  the 
prescribed manner not less than 14 days before the expiry of the period of notice 
under sub-section (1). 

17.   Application for  re-registration.- (1) Any union the registration of which 
has been cancelled on the ground that it was registered under a mistake or on the 
ground  specified  in  sub-  clause  (ii)  of  clause  (b)  of  section  15  may,  at  any  time 
after three months from the date of such cancellation and on payment of such fees 
as may be prescribed, apply for re-registration.  The provisions of sections 13 and 
14 shall apply in respect of such application. 

(2) A union the registration of which has been cancelled on any other ground 
shall not, save with the permission of the 2[State] Government, be entitled to apply 
for re-registration. 

18.    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  registration  of  a  union  shall  not  relieve  the  union  or  any 
member  thereof from  any  penalty  or liability  incurred under  this  Act  prior  to  such 
cancellation. 

19. Periodical returns to be submitted to Registrar.- Every registered union 
shall  submit  to  the  Registrar  on  such  dates  and  in  such  manner  as  may  be 
prescribed, periodical returns of its membership. 

20. Appeal to Industrial Court from order of Registrar 3***.- (1) Any party to 
a  proceeding  before  the  Registrar  may  within  30  days  from  the  date  of  an  order 
passed  by  the  Registrar  under  this  Chapter,  appeal  against  such  order  to  the 
Industrial Court: 

Provided that the Industrial  Court may for sufficient reason admit any appeal 

made after the expiry of such period. 

(2)  The  Industrial  Court  may  admit  an  appeal  under  sub-section  (1)  if  on  a 
perusal of the memorandum of appeal and the  decision  appealed against it finds 
that the decision is contrary to law or otherwise erroneous. 

(3)  The  Industrial  Court  in  appeal  may  confirm,  modify  or  rescind  any  order 
passed by the Registrar and may pass such consequential orders as it may deem 
fit.  A  copy  of  the  orders  passed  by  the  Industrial  Court  shall  be  sent  to  the 
Registrar. 

21.    Publication  of  order.-  Every  order  passed  under  sections  14,  15  or  16 
and  every  order  passed  in    appeal  under  section  20  shall  be  published  in  the 
prescribed manner. 

22.  Registration  of  union  for  more  than  one  local  area.-  Subject  to  the 
foregoing  provisions  of  this  Chapter,  a  union  may  in  the  prescribed  manner  be 
registered for an industry for more local areas than one. 

1  Added by Mah. 22 of 1965. 
2  Subs. by the Adaptation of Laws Order, 1950. 
3  Del. by Mah. 22 of 1965. 

 
 
 
                                                 
14 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

CHAPTER IV 
Approved Unions 

23.  Approved  list:  maintenance  of:  conditions  for  being  entered  in.  -(1) 
On an application being made in the prescribed form, by a union for being entered 
in the approved list, the  Registrar  may after holding such inquiry  as  he deems fit 
enter the union in such list if he is satisfied that the union has made rules, that the 
provisions  of  the  said  rules  are  being  duly  observed  by  the  unions,  and  that  the 
rules provide that- 

(i) its membership subscription shall be not less than 1[fifty paise] per month; 
(ii)  its  executive  committee  shall  meet  at  intervals  of  not  more  than  three 

months; 

(iii) all resolutions passed, whether by the executive committee or the general 
body  of  the  union,  shall  be  recorded  in  a  minute  book  kept  for  the 
purpose; 

(iv) an auditor appointed by Government may audit its accounts at least once 

in each financial year; 

(v)  every  industrial  dispute  in  which  a  settlement  is  not  reached  by 
conciliation  shall  be  offered  to  be  submitted  to  arbitration,  and  that 
arbitration under Chapter XI shall not be refused by it in any dispute; 

(vi)  no  strike  2[shall  be  sanctioned,  resorted  to  or  supported]  by  it  unless  all 
the  methods  provided  by  or  under  this  Act  for  the  settlement  of  an 
industrial  dispute  have  been  exhausted  3[or  unless  the  circumstances 
mentioned  in  the  proviso  to  clause  (h)  of  sub-  section  (1)  of  section  97 
obtain]  and  the  majority  of  its  members  vote  by  ballot  in  favour  of  such 
strike;  

4[(vii) no stoppage which is illegal under this Act shall be sanctioned resorted 

to, or supported by it;] 

 5[(vii)  no `go slow' shall be sanctioned, resorted to, or  supported by it:] 
Provided that the Registrar shall not enter a union in the approved list if he is 
satisfied that it is not being conducted bona fide in the interest of its members but 
to their prejudice. 

5[Provided further that,- 
(a) the Registrar shall not entertain any fresh application by any union unless 
its  previous  application  for  being  entered  in  the  approved  list  is  finally 
disposed of by him; 

(b)  when  two  or  more  unions  fulfilling  the  conditions  necessary  for  being 
entered  in  the  approved  list  apply  in  respect  of  the  same  industry  in  any 
local  area  in  the  same  calendar  month,  the  union  having  the  largest 
membership  of  employees  in  the  industry  in  the  calendar  month 
immediately  preceding  the  calendar  month  in  which  they  apply,  shall  be 
entered in the approved list; 

1  Subs. by  Mah. 22 of 1965. 
2  Subs. by Mah. 22 of 1965. 
3  Ins. by Mah. 22 of 1965. 
4  Ins. by Bom. 74 of 1948. 
5  Ins. by Mah. 22 of 1965. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        15 

(c)  where  after  receipt  of  any  application  from  any  union  under  sub-section  
(1) any other union or unions apply for being entered in the approved list, 
for the same industry in  the  same local area in any subsequent calendar 
month, such application or applications shall not be considered unless the 
application received first is disposed of by the Registrar]. 

      Explanation.-"Member" for the purposes of clause (vi) means a member of the 
union for the purposes of the Indian Trade Unions Act, 1926. 
    (2)   The  1[State] Government may by notification in the Official Gazette direct 
that  in  the  case  of  any  union  or  class  of  unions  specified  in  the  notification  the 
membership  subscription  may,  subject  to  a  minimum  of  2[twenty-five  paise]  per 
month, be less than 3[fifty paise]. 
    (3)   Notwithstanding  anything  contained  in  sub-section  (1)  there  shall  not  at 
any  time  be  more  than  one  approved  union  in  respect  of  any  industry  in  a  local 
area. 
    (4)   Any union complying with  the conditions specified in  sub- section (1) and 
having a larger membership in an industry in a local area than an approved union 
for such industry 4[in that local area] shall on application in that behalf be entered 
in  the  approved  list  in  place  of  such  approved  union  5[by  the  Registrar  6[if  after 
holding  such  inquiry  as  he  deems  fit,  he  is  satisfied  that  the  applicant  union  has 
got  the  larger  membership  in  such  industry  in  that  local  area  than  the  approved 
union  in  the  calendar  month  preceding  the  calendar  month  in  which  such 
application is made; 

7[Provided that, the Registrar shall not entertain- 
(a)  any  such  application  unless  a  period  of  two  years  has  elapsed  since  the 

approved union was entered in the approved list; 

(b)  any  fresh  application  by  the  same  union,  unless  a  period  of  one  year  has 
elapsed  from  the  date  of  disposal  of  its  previous  application  by  the 
Registrar.] 

8[23A.    Approved  union  to  continue  to  be  so  for  altered  local  area  for 
some  time.-  Notwithstanding  anything  contained  in  section  23,  if  there  is  any 
alteration in the local area or areas,- 

(a) an approved union in an industry in the altered local area or areas, or 
(b)  where  two  or  more  approved  unions  exist  in  an  industry  in  the  altered 
local area or areas the union having the largest membership, whether  by 
agreement  of  the  other  approved  unions  or  as  determined  by  the 
Registrar after such inquiry as he deems fit,  

shall be deemed  to  be the  approved union for the altered  local area  or areas,  as 
the  case  may  be,  for  a  period  of  twelve  months  from  the  date  on  which  such 
alteration  is  effected,  or  where  such  approved  union  or  any  other  union  in  the 

1  Subs. by the Adaptation of Laws Order, 1950. 
2  Subs. by Mah. 22 of 1965. 
3  Subs. by Mah. 22 of 1965. 
4  Ins. by ibid. 
5  Added by Bom. 63 of 1953. 
6  Ins. by ibid. 
7  Added by Mah. 22 of 1965. 
8  Ins. by Bom. 63 of 1953. 

 
                                                 
16 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

altered  local  area  or  areas  makes  an  application  under  section  23  within  such 
period until the disposal of such application by the Registrar]. 

1[23-B.    Recognised  union  under  C.P.  an  Berar  XXIII  of  1947  to  be 
approved union for purposes of this Act.- Notwithstanding anything contained 
in sub-section (1) of section 23, any union registered as a recognised union in any 
local  area  in  respect  of  any  industry  under  the  Central  Provinces  and  Berar  
Industrial  Disputes  Settlement  Act,  1947,  shall,  on  the  commencement  of  the 
Bombay  Industrial  Relations  (Extension  and  Amendment)  Act,  1964,  be  deemed 
to  be  an  union  entered  in  the  approved  list  as  an  approved  union  for  that  local 
area in respect of that industry.] 

24.  Removal from approved list.-  The Registrar shall remove a union from 
the  approved  list  if  its  registration  under  the  Indian  Trade  Unions  Act  1926,  is 
cancelled, and may also so remove a union if after holding such inquiry if any  as 
he deems fit, he is satisfied that it – 

(i) was entered in the list under mistake,  misrepresentation or fraud; or 
(ii)  has,  since  being  included  in  the  approved  list,  failed  to  observe  the 

conditions specified in section 23: 

2[Provided  that,  the  Registrar  shall  not,  for  a  period  of  six  months  from  the 
commencement  of  the  Bombay  Industrial  Relations  (Extension  and  Amendment) 
Act,  1964,  remove  any  union  entered  in  the  approved  list  before  such 
commencement,  on  the  ground  that  such  union  has  failed  to  observe  any 
additional conditions introduced in section 23 by the Act, aforesaid. 

Explanation.-For the purposes of clause (ii), failure  by a union deemed to be 
approved union under section 23B to make rules providing for matters specified in 
section 23 within a period of six months from the commencement of the Bombay 
Industrial Relations (Extension and Amendment) Act, 1964 shall be deemed to be 
failure to observe the conditions specified in section 23.] 

3[24A.  Appeal to Industrial Court from order of Registrar under Chapter 
IV-  (1) Any party to a proceeding before the Registrar may,  within 30 days from 
the  date  of  an  order  passed  by  the  Registrar  under  this  Chapter,  appeal  against 
such order to the Industrial Court : 

Provided that the Industrial Court may for sufficient reason  admit any  appeal 

made after the expiry of such period. 

(2)  The  Industrial  Court  may  admit  an  appeal  under  sub-section  (1),  if  on  a 
perusal of the memorandum of appeal and the decision appealed against, it finds 
that the decision is contrary to law or otherwise erroneous. 

(3)  The  Industrial  Court  in  appeal  may  confirm,  modify  or  rescind  any  order 
passed by the Registrar and may pass such consequential orders as it may deem 
fit.    A  copy  of  the  order  passed  by  the  Industrial  Court  shall  be  sent  to  the 
Registrar]. 

25. Right of Officers of approved unions. -4[Such officers  5[members of the 
the  office  staff]  and  members  of  an  approved  union  as  may  be  authorised  by  or 

1  Ins. by Mah. 22 of 1965. 
2  Added by ibid. 
3  Ins. by Mah. 22 of 1965. 
4  Subs. by Bom. 43 of 1948. 
5  Ins. by Bom. 63 of 1953. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        17 

under rules made in this behalf by the  1[State] Government shall, in such manner 
and  subject  to  such  conditions  as  may  be  prescribed,  have  a  right,  and  shall  be 
permitted by the employed concerned- 

(a) to collect sums payable by members to the union on the premises where 

wages are paid to them; 

(b)  to  put  up  or  cause  to  be  put  up  a  notice  board  on  the  premises  of  the 
undertakings 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; 

(ii) to meet and discuss with an employer or any person appointed by him 
for the purpose of the grievances of its members employed in his 
undertaking;  

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

member of the union is employed. 

26.  Legal  aid  to  approved  unions  at  Government  expense  in  important 

proceedings -  

(1)   An approved union is entitled to appear-  

(a) before a Labour Court in a proceeding for determining whether a strike, 

lock-out, 2[closure, stoppage] or change is illegal, or 

(b) before the Industrial Court in a proceeding involving in the opinion of the 

Court an important question of law or fact, 

may  apply  to  the  Court  for  the  grant  of  legal  aid  at  the  expense  of  the  3[State] 
Government. 

(2)    A  copy  of  every  application  made  under  sub-section  (1)  shall  be  sent  to 

the Registrar with the least practicable delay. 

(3)  The  Court  to  which  an  application is  made  under  sub-section  (1)  may  fix 
for  the  hearing  of  the  application  a  day  of  which  at  least  three  days'  clear  notice 
shall be given to the Registrar. 

(4)  On  the  day  fixed  or  as  soon  thereafter  as  may  be  convenient,  the  Court 
shall examine the witnesses, if any, produced by the union, and the Registrar, and 
may also examine the officers of the union, and shall make a memorandum of the 
substance of such evidence. 

(5) The Court may after considering the evidence adduced under sub-section 

(4) either grant or refuse the application. 

(6)  The  3[State]  Government  may  in  consultation  with  the  Industrial  Court 
prescribe the fees for legal advice to, and appearance on behalf of a union before 
a Court. 

(7) For the purpose of this section, legal aid includes advice to the union and 

the appearance before a Court of a legal practitioner on behalf of the union. 

1  Subs. by the Adaptation of Laws Order, 1950. 
2  Ins. by Bom. 74 of 1948. 
3  Subs. by the Adaptation of Laws Order, 1950. 

 
 
                                                 
18 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

CHAPTER V 
Representatives of Employers and Employees, and 
Appearance on their behalf 

27.  Recognition  of  combination  of  employers  as  association  of 
employers.- (1) The  1[State] Government may from time to time by notification in 
the Official Gazette. 

(a) recognise any combination of employers in an industry 2[in any local area] 
whether incorporated or not as an association of employers for the purpo- 
ses of this Act, provided that one of the objects of such combination is the 
regulation of conditions of employment in the industry 3[in that local area]; 

(b) withdraw any recognition granted under clause (a): 
Provided  that  no  recognition  shall  be  withdrawn  unless  an  opportunity  has 

been given to such association of employers to be heard. 

(2)    In  any  proceeding  under  this  Act  an  association  of  employers  shall  be 

entitled to represent- 

(a) any employer who is  a member of the association; 
(b)  any  employer  connected  with  the  same  industry  not  being  a  member  of 
the  association,  who  has  intimated  in  writing  to  the  prescribed  authority 
that  he  has  agreed  to  be  represented  by  the  association  in  such 
proceeding; 

and  any  notice  or  intimation  given  by  or  to  such  association  shall  be  deemed  to 
have been given by or to every employer it is entitled to represent. 

(3)  Where  more  employers  than  one  are  affected,  or  under  any  of  the 
provisions of this Act deemed to be affected, and no  association of employers is 
under  sub-section  (2)  entitled  to  represent  all  of  them,  the  representative 
their 
in 
determined 
representative. 

the  prescribed  manner  shall  be  entitled 

to  act  as 

4[27AA.    Recognised  association of  employers  to  continue  to  be  so  for 
altered  local  areas.-    Notwithstanding  any  contained  in  this  Act,  if  there  is  any 
alteration in any local  area or areas notified for purposes of this Act- 

(a)  the  recognised  association  of  employers  entitled  under  this  Act  to 
represent under  sub-section (2) of section 27 in any industry immediately 
before the alteration in the local area or areas concerned; or 

(b) where more than one recognised association of employers are entitled to 
represent under  sub-section (2) of section 27,  the association having  the 
largest membership of employers connected with the same industry, 
shall be entitled  to represent for the altered local area  or areas, as the case may 
be for a period of twelve months from the date on which such alteration is effected 
or  if  an  application  under  section  27  is  made  within  such  period  by  such 
association or by any other association in the altered local area or areas, until the 
disposal of such application by the State Government.] 

1  Subs. by the Adaptation of Laws Order, 1950. 
2  Ins. by Mah. 22 of 1965. 
3  Ins. by Mah. 22 of 1965. 
4  Ins. by Mah. 22 of 1965, s.16. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        19 

1[27A.  Appearance  on  behalf  of  employees.-  Save  as  provided  in  section 
32,  2[33  and  33A]  no  employee  shall  be  allowed  to  appear  or  act  in  any 
proceeding under this Act except through the representative of employees.] 

28.  Election  of  representatives  of  employees.-  (1)  Where  there  is  no 
Representative  Union in respect of any industry in any local area, the employees 
in  each  undertaking  in  the  industry  and  in  each  occupation  therein  may,  in  the 
prescribed manner,  elect five persons from among themselves to represent  them 
for the purposes of this Act: 

Provided that no such persons shall be elected for any occupation the number 

of employees in which does not exceed ten. 

(2)  The  persons,  if  any,  elected  under  sub-section  (1)  shall  function  in  such 

manner as may be prescribed. 

(3) Within 3[two  years]  from the date on which an  election under sub-section 
(1)  is  held,  and  within  each  succeeding  4[two  years]  thereafter,  a  fresh  election 
shall be held: 

Provided that any person may be re-elected at any such election. 
(4)  The  employees  may  in  the  prescribed  manner  recall  any  or  all  of  the 

person elected under sub-section (1) or (3). 

(5) Vacancies in the number of the persons elected under sub- section (1) or 

(3) shall be filled by election in the prescribed manner. 

29. Act or decision of majority to be deemed to be act or decision of all.- 
Any act or decision of the majority of the persons elected under section 28 by any 
employees shall be deemed to be the act or decision of all the persons so elected 
by them. 

30.  Representative  of  employees.-  5[Subject  to  the  provisions  of  section 
33A,  the following  shall  be  entitled]  6[to  appear  or  act] in  the  order  of  preference 
specified as the representative of employees in an industry in any local area- 

(i) a Representative Union for such industry; 
(ii) a Qualified or Primary Union of which the majority of employees directly 

affected by the change concerned are members; 

(iii)  any  Qualified  or  Primary  Union  in respect  of  such  industry  authorised  in 

the prescribed manner in that behalf by the employees concerned; 

(iv) the Labour Officer if authorised by the employees concerned; 
(v)  the  persons  elected  by  the  employees  in  accordance  with  the  provisions 
of Section 28 or where the proviso to sub-section  (1) thereof applies, the 
employees themselves; 

(vi) the Labour Officer: 

Provided- 

1  Ins. by Bom. 55 of 1949. 
2  Subs. by Mah. 22 of 1965. 
3  Subs. by Bom. 74 of 1948. 
4  Subs. by Bom. 74 of 1948. 
5  Subs. by Mah. 22 of 1965. 
6  Subs. by Bom.55 of 1949. 

 
                                                 
20 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

Firstly,  that  the  persons  entitled  1[to  appear  or  act]  under  clause  (v)  may 
authorise any Qualified or Primary Union in respect of such industry 1[to appear or 
act instead of them;  

Secondly,  that  where  the  Labour  Officer  is  the  representative  of  the 
employees,  he shall not enter into any agreement under section 44  or settlement 
under  section 58 unless the terms of such agreement  or  settlement, as the case 
may be, are accepted by them in the prescribed manner; 

Thirdly, where in any proceeding the persons entitled 1[to appear or act] under 
clause (v) are more than five, the prescribed number elected from amongst them 
in the prescribed manner shall be entitled 2[to appear or act] instead. 

3[31. Registered or representative  union to continue to be so for altered 
local area for some time.- Notwithstanding anything contained in this Act, if there 
is any alteration in any local area or areas notified for the purposes of this Act,- 

(a)  a  registered  or  representative  union  entitled  under  this  Act  to  appear  or 
act  as  a  representative  of  employees  in  an  industry  immediately  before 
the alteration in the local area or areas concerned, or 

(b)  where  more  than  one  registered  or  representative  union  are  entitled  to 
appear  or  act  as  representative  of  employees  in  an  industry  under  this 
section, the union having the largest membership of employees employed 
in 
the  industry,  where  by  agreement  of  the  other  registered  or 
representative unions or as determined by the Registrar after such inquiry 
as he thinks fit, 

shall  be  entitled  to  appear  or  act for the  altered local area  or  areas,  as  the  case 
may  be,  for  a  period  of  twelve  months  from  the  date  on  which  such  alteration  is 
effected or if an application  under section  13 is made within such period by such 
union  or,  any  other  union  in  the  altered  local  area  or  areas,  until  the  disposal  of 
such application by the Registrar]. 

4[32.  Persons who may appear in proceedings.- A Conciliator, a Board, an 
an Arbitrator, a Wage Board, a Labour Court and the Industrial Court may, if he or 
it  considers  it  expedient  for  the  ends  of  justice,  permit  an  individual,  whether  an 
employee or not, to appear in any proceeding before him or it: 

Provided  that  5[subject  to  the  provisions  of  section  33A,]  no  such  individual 
shall be permitted to appear in any proceedings 5[not being a proceeding before a 
Labour Court or the Industrial Court in which the legality or propriety of an order of 
dismissal, discharge, removal, retrenchment, termination of service or suspension 
of  an  employee  is  under  consideration)]  in  which  a  Representative  Union  has 
appeared as the representative of employees]. 

33. 6[Appearance for] employee.- Notwithstanding anything contained in any 
any  other  provision  of  this  Act  an  employee  7[or  a  representative  union]  shall  be 
entitled to appear through any person, 

(a) in all proceedings before the Industrial Court; 

1  Subs.  by Bom. 55 of 1949. 
2  Subs.  by Bom. 55 of 1949. 
3  Subs. by Bom. 63 of 1953. 
4  Subs.  by Bom. 55 of 1949. 
5  Ins. by Mah. 22 of 1965. 
6  Subs. by Bom. 55 of 1949. 
7  Ins. by Bom. 43 of 1948. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        21 

1[(aa) in all proceedings before a Wage Board;] 
(b) in proceedings before a Labour Court for deciding whether a strike, lock-
out  2[closure or stoppage] or change or an order  passed  by an employer 
under the standing orders is illegal] 3* *  *  *  * 

(c)  in  such  other  proceedings  as  the  Industrial  Court  may,  on  application 

made in that behalf, permit: 

Provided  that  a  legal  practitioner  shall  not  be  permitted  under  clause  (c)  to 
appear  in  any  proceeding  under  this  Act  except  before  a  Labour  Court  4[as 
provided in section 83A] or the Industrial Court: 

5[Provided further that 6[subject to the provisions of section 33A], no employee 
employee shall be entitled to appear through any person in any proceeding under 
this Act 7[(not being a proceeding before a Labour Court or the Industrial Court in 
which  the  legality  or  porpriety  of  an  order  of  dismissal,  discharge,  removal, 
retrenchment,  termination  of  service  or  suspension  of  an  employee  is  under 
consideration)] 
the 
representative of employees.] 

in  which  a  Representative  Union  has  appeared  as 

8[Provided  also  that  save  as  aforesaid,  any  person  (other  than  the 
Representative  Union  or  legal  practitioner)  shall  not  be  permitted  to  appear  on 
behalf  of  an  employee  in  any  proceeding  before  any  Court  under  this  Act,  save 
with the permission of the Court]. 

9[33A. Persons who may appear in proceeding in which there is dispute 
between employees and employees.-(1) In any dispute between the employees 
and  employees  referred  to  arbitration  of  a  Labour  Court  or  the  Industrial  Court 
under  section  72,  all  persons,  who  are  parties  to  the dispute,  shall  be  entitled  to 
appear and act in the proceedings before such Court: 

Provided    that,  where  the  number  of  employees  on  either  side  exceeds  five, 
then  such  employees  shall  elect,  in  the  manner  prescribed,  two  persons  from 
amongst themselves to appear and act for them. 

(2) If a Representative Union desires to be heard in respect of such dispute, it 

may, on application made to the Court, also be heard by such Court.] 

CHAPTER VI 
Powers and duties of Labour Officers 

34.  Powers  and  duties  of  Labour  Officer.-  (1)  A  Labour  Officer  shall 
exercise  the  powers  conferred,  and  perform  the  duties  imposed  on  him  by  or 
under this Act. 

(2)  For the  purpose  of  exercising  such  powers  and  performing  such  duties  a 
Labour 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-- 

1  Ins. by Ibid. 
2  Ins. by Bom. 74 of 1948. 
3  Deleted by Mah. 22 of 1965. 
4  Ins. by Bom. 55 of 1949. 
5  Added by ibid. 
6  Ins. by Mah. 22 of 1965. 
7  Added by ibid. 
8 Subs. by the Adoption of Laws Order, 1950. 
9 Subs. by Bom. 43 of 1948. 

 
                                                 
22 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(a) any place used for the purpose of any industry; 
(b) any place used as the office of any union; 
(c)  any  premises  provided  by  an  employer  for  the  residence  of  his 

employees, 

and  shall be entitled to call for and inspect all  relevant documents which he may 
deem necessary for the due discharge of his duties and powers under this Act. 

(3)    All  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)  A Labour 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)  A Labour Officer shall be entitled to appear in any proceeding under this 

Act. 

(6)  It shall be the duty of the Labour Officer to- 

(a)  watch  the  interests  of  employees  and  promote  harmonious  relations 

between employers and employees; 

(b)  investigate  the  grievances  of  employees  and  represent  to  employers 
such  grievances  and  make  recommendations  to  them  in  consultation 
with the employees concerned for their redress; 

(c) report to the 1[State] Government the existence of any industrial dispute 
of which no notice of change has been given, together with the names of 
the parties thereto: 

Provided that the Labour Officer shall not- 

(a)  appear  in  any  proceeding  in  which  the  employees  who  are  parties 

thereto are represented by a Representative Union. 

(b)  where  there  is  2[an  approved  union]  for  an  industry  in  a  local  area, 
3[except  after  consultation  with  the  union],  act  under  clause  (b)  of  sub-
section (6) in respect of the employees. 
CHAPTER VII 
Standing Orders 

35. Settlement of Standing Orders by Commissioner of Labour.-(1) Within 
six  weeks  from  the  date  of  the  application  of  this  Act  to  an  industry,  every 
employer  therein  shall  submit for  approval  to  the  Commissioner  of  Labour  in the 

1  Subs. by the Adaptation of Laws Order, 1950. 
2  Subs. by Bom. 43 of 1948. 
3  Subs. by Mah. 22 of 1965. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        23 

prescribed manner draft standing orders regulating the relations between him and 
his employees with regard to the industrial matters mentioned in Schedule I: 

Provided  that  where  an  undertaking  in  an  industry  is  started  after  the 
application of this Act to such industry, the draft standing orders shall be submitted 
within six months of the starting of the undertaking. 

(2) On  receipt of the draft standing  orders the Commissioner of Labour shall, 
after  consulting  in  the  prescribed  manner  the  representatives  of  employees  and 
employers  and  such  other  interests  concerned  in  the  industry  and  making  such 
inquiry as he deems fit, settle the said standing orders. 

(3)  The  Commissioner  of  Labour  shall forward  a  copy  of  the  standing  orders 
so settled to the Registrar who shall within fifteen days of their receipt record them 
in the register kept for the purpose. 

(4) Standing orders so settled shall come into operation from the date of their 

record in the register under sub-section (3). 

(5)  Until  standing  orders  in  respect  of  an  undertaking  come  into  operation 
under  the  provisions  of  sub-section  (4),  model  standing  orders,  if  any,  notified  in 
the  Official  Gazette  by  the  1[State]  Government  in  respect  of  the  industry  shall 
apply to such undertaking. 

36.  Appeal  to  Industrial  Court.-(1)  Any  person  2[aggrieved  by  any  decision 
of the Commissioner of Labour under this Chapter] may within thirty days from the 
date of their coming into operation appeal to the Industrial Court: 

Provided  that  the  Industrial  Court  may  for  sufficient  cause,  admit  any  appeal 

after the expiry of the period of thirty days. 

(2)    On  an  appeal  being  filed,  the  Industrial  Court  may  on  the  application  of 
any  party  to  such  appeal  and  on  such  conditions  as  it  may  think  fit  stay  the 
operation of all or any of such standing orders until the appeal is decided. 

(3)  The Industrial Court in appeal may confirm, modify, add to or rescind all or 

any of such standing orders. 

(4)  The Industrial  Court  shall fix the date on which all or any of the standing 

orders settled by it under sub-section (3) shall come into operation. 

(5)  A copy of the orders passed by the Industrial Court under sub-sections (3) 
shall  be  sent  to the  Registrar who  shall  record them in  the  register  referred  to  in 
sub-section (3) of section 35. 

37.  Review.-(1)  Any  person  aggrieved  by  a  decision  of  the  Industrial  Court 
under section 36 may within thirty days from the date of the decision apply to the 
Industrial Court for a review of the said decision: 

3[Provided  that  the  Industrial  Court  may  for  sufficient  cause  admit  any  such 

application after the expiry of the said period of thirty days.] 

(2)  The  Industrial  Court  shall  not  grant  such  application  unless  it  is  satisfied 
that  there  has  been  a  discovery  of  new  and  important  matter  or  evidence  which 
after  the  exercise  of  due  diligence  was  not  within  the  knowledge  of  the  party 
making  the  application  or  could  not  be  produced  by  him  at  the  time  when  it 
decision was made, or that there has been some mistake or error apparent on the 

1  Subs. by the Adoption of Laws Order, 1950. 
2  Subs. by Mah. 22 of 1965. 
3  Added by Bom. 63 of 1953. 

 
                                                 
24 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

face  of  the  record  or  that  there  is  any  other  sufficient  reason  for  granting  such 
application. 

(3) The provisions of sub-section (2), (3), (4) and (5) of section 36 shall, so far 
as  may  be,  apply  to  proceedings  under  sub-section  (1)  in  the  same  manner  as 
they  apply  to  an  appeal  against  standing  orders  settled  by  the  Commissioner  of 
Labour under sub-section (2) of section 35. 

38.  No  alteration in  Standing  Orders  for  one  year.-  (1)  No  alteration  shall 
be made for a period of one year from the date of its coming into operation, in any 
standing order settled under any of the foregoing provisions of this Chapter except 
by the Industrial Court in appeal or review where such appeal or review lies. 

(2)  Any employer or employee may apply to the Commissioner of Labour for 

a change in- 

(a) any standing order settled under sub-section (2) of section 35, which has 

not been appealed against, or 

(b) any standing order  settled in appeal under sub-section (3) of section 36, 

in respect of which no application for review has been made, or 

(c) any standing order settled in review under section 37, 

after  the  expiry  of  one  year  from  the  date  of  such  standing  order  coming  into 
operation. 
      39. Alteration in standing orders.-(1) On receipt of an application under sub-
section (2) of section 38 the  Commissioner of Labour shall, after giving the  other 
party an opportunity of being heard and after consulting such other interests in the 
industry as in his opinion are affected, pass such order as he deems fit, and, if the 
order  effects  an  alteration  in  any  standing  order,  forward  a  copy  of  the  standing 
order  as  so  altered  to  the  Registrar  who  shall,  within  fifteen  days  of  its  receipt 
record it in the register referred to in sub-section  (3) of section 35.   The standing 
order  as  so  altered  shall  come  into  operation  from  the  date  of  its  record  in  the 
register. 
      (2) The provisions of sections 36, 37 and 38 shall, so far as may be, apply to 
an  order  passed  by  the  Commissioner  of  Labour  under  sub-section  (1)  in  the 
same  manner  as  they  apply  to  standing  orders  settled  under  sub-section  (2)  of 
section 35. 

40.  Standing orders to be determinative.- (1) Standing orders in respect of 
an  employer  and  his  employees  settled  under  this  Chapter  and  in  operation,  or 
where there are no such standing orders, model standing orders, if any, applicable 
under the provisions of sub-section (5) of section 35 shall be determinative of the 
relations  between  the  employer  and  his  employees  in  regard  to  all  industrial 
matters specified in Schedule I. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1)  the  1[State] 
Government  may refer, or an employee  2[or a representative union] may apply in 
respect  of  any  dispute  of  the  nature  referred  to  in  clause  (a)  of  paragraph  A  of 
section 78, to a Labour Court. 

1  Subs. by the Adaptation of Laws Order, 1950. 
2  Ins. by Bom. 63 of 1953. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        25 

if  they  are  not 

1[40A.  Model  standing  orders  in  respect of  additional  or  altered  matters 
to  apply  to  certain  workmen, 
less  advantageous.- 
Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this  Chapter, 
any model standing orders made and notified in this Official Gazette by the State 
Government  from  time  to  time,  in  respect  of  any  additional  matters  included  in 
Schedule  I,  or  any  alteration  made  in  that  Schedule,  on  or  after  the  date  of 
commencement of the Bombay Industrial Relations (Amendment) Act, 1977, shall 
unless such model standing orders are held by the Commissioner of Labour, to be 
less  advantageous  to  the  employee  that  the  corresponding  standing  orders 
applicable to them, also apply in relation to such employees in the undertaking in 
respect of which standing orders have already been settled under section 35.] 

41. Act XX of 1946 not to apply to certain industries.- The provisions of the 
Industrial Employment (Standing Orders) Act, 1946, shall not apply to any industry 
to which the provisions of this Chapter are applied. 
CHAPTER VIII 
Changes 

42.  Notice of  change.-  (1)  Any employer intending to effect any change in 
respect  of  an  industrial  matter  specified  in  Schedule  II  shall  give  notice  of  such 
intention in the prescribed form to the representative of employees.  He shall send 
a  copy  of  such  notice  to  the  Chief  Conciliator,  the  Conciliator  for  the  industry 
concerned  for  the  local  area,  the  Registrar,  the  Labour  Officer  and  such  other 
person  as  may  be  prescribed.  He  shall  also  affix  copy  of  such  notice  at  a 
conspicuous place on the premises where the employees affected by the change 
are  employed  for  work  and  at  such  other  place  as  may  be  directed  by  the  Chief 
Conciliator in any particular case. 

(2)  Any  employee  desiring  a  change  in  respect  of  an  industrial  matter  not 
specified in Schedule I or III  give a notice in the prescribed form to the employer 
through the representative of employees, who shall forward a copy of the notice to 
the Chief Conciliator, the Conciliator for the industry concerned for the local area, 
the Registrar, the Labour Officer and such other person as may be prescribed. 

(3)  When no settlement is arrived at in any conciliation proceeding in regard 
to  any  industrial  dispute  which  has  arisen  in  consequence  of  a  notice  relating  to 
any  change  given  under  sub-section  (1)  or  sub-section  (2),  no  fresh  notice  with 
regard to the same change or  a change similar in all material particulars shall be 
given  before  the  expiry  of  two  months  from  the  date  of  the  completion  of  the 
proceeding within the meaning of section 63. If at any time after the expiry of the 
said  period  of  two  months,    any  employer  or  employee  again  desires  the  same 
change or a change similar in all material particulars, they shall give fresh notice in 
the manner provided in sub- section (1) or (2), as the case may be. 

(4) Any employee  2[or a representative union] desiring a change in respect of 
(i) any order passed by 3[the] employer under standing orders, or (ii) any industrial 
matter arising out of the application or interpretation of standing orders, or (iii) an  
industrial matter specified in Schedule III, 4[except item (5) thereof] shall make an 

1  Added by Mah. 47 of 1977. 
2  Ins. by Bom. 43 of 1948. 
3  Subs. by ibid. 
4  Ins. by Mah. 22 of 1965. 

 
                                                 
26 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

application to the Labour Court 1[and as respects change desired in any industrial 
matter specified in item 5 of Schedule III, to the Industrial Court]: 

Provided  that  no  such  application  shall  lie  unless  the  employee  2[or  a 
representative  union]  has  in  the  prescribed  manner  approached  3[the]  employer 
with a request for the change and no agreement has been arrived at in respect of 
the change within the prescribed period. 

43.  Notice  of  change  when  to  be  deemed  general notice.-4[(1)  Where  an 
employer gives notice of a proposed change under sub- section (1) of section 42 
affecting some of the employees in an industry in a local area, any other employer 
or an association of employers or the representative of any employees engaged in 
the  industry  in  the  local  area  may,  within  seven  days  from  the  date  of  service  of 
such  notice, intimate in  writing  to  such  employer  that  other  employers,  or  as  the 
case may be, other employees, engaged in the industry in the area and mentioned 
in  such  intimation  are  affected  by  the  change.  The  employer  or  employers 
concerned,  shall  affix  a  copy  of  such  intimation  at  a  conspicuous  place  on  every 
premises where the employees concerned are employed for work. 

(2) Where an employee gives notice of a proposed change under sub-section 
(2) of section 42 affecting one or some of the employers in  an industry in a local 
area  the  representative  of  employees  or  any  employer  or  an  association  of 
employers engaged in the industry in the local area may, 5[within thirty days] from 
the date of service of such notice, give a special notice in writing to the employee 
and  his  employer,  or  as  the  case  may  be,  the  representative  of  employees,  that 
other employees or as the case may be, other employer, engaged in the industry 
in the area and mentioned in such special notice, are affected by the change.  The 
employer  or  employers  concerned  shall  affix  a  copy  of  such  special  notice  at  a 
conspicuous  place  on  every  premises  where  the  employees  concerned  are 
employed for work.] 

(3)  A copy of every intimation under sub section (1) and special notice under 
sub-section (2) shall be sent to the Commissioner of Labour, the Chief Conciliator, 
the  Conciliator  for  the  industry  concerned  for  the  local  area,  the  Registrar,  the 
Labour Officer and such other person as may be prescribed. 

(4)    On  an  intimation  being  given  under  sub-section  (1)  or  a  special  notice 
being  given  under  sub-section  (2)  and  the  provisions  of  sub-section  (3)  being 
complied  with,  the    employees  mentioned  in    the    intimation    or  employers 
mentioned in the  special notice,  as the case may be, shall also, for the purposes 
of  this  Act,  be  deemed  to  be,  affected  by  such  change,  and  to  have  been  given 
notice under sub-section (1) or (2), as the case may be, of section 42. 

(5)  Where an employer or an employee gives a notice of a proposed change 
under  sub-section  (1)  or  sub-section  (2),  as  the  case  may  be,  of  section  42,  and 
such  change,  in  the  opinion  of  the  6[State]  Government  affects  the  majority  of 
employers  or  employees  engaged  in  an  industry  or  occupation  in  the local  area, 
the  5[State]  Government  may  by  notification  in  the  Official  Gazette,  declare  that 

1  Added by iMah. 22 of 1965. 
2  Ins. by Bom. 43 of 1948. 
3  Subs. by ibid. 
4  Subs. by Bom. 74 of 1948. 
5  Subs. by Mah. 22 of 1965. 
6  Subs. by the Adaptation of Laws Order, 1950. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        27 

the whole of such industry or occupation, as the case may be, is affected by such 
change and thereupon it shall be deemed to be so affected. 

44. Agreement regarding change.- (1) If within seven days from the date of 
service  of  a  notice  under  section  42  or  an  intimation  or  special  notice  under 
section  43  or  the  date  of  publication  of  a  notification  under  sub-section  (5)  of 
section  43,  or  within  such  further  period  as  may  be  mutually  fixed  by  the  em-
ployers affected and the representative of the employees affected an agreement is 
arrived  at  in  regard  to  the  proposed  change,  a  memorandum  of  such  agreement 
signed  by  the  employer  or  employers  as  well  as  by  the  representative  of 
employees  shall  be  forwarded  in the  prescribed  manner  to  the  Chief  Conciliator, 
the Registrar and the Labour Officer : 

Provided that where the employees deemed to be affected under sub-section 
(4) of section  43 are in the opinion of the  2[State] Government the majority of the 
employees  in  the  industry,  or  the  whole industry  is  deemed  to  be  affected  under 
sub-section  (5)  thereof,  the  Labour  Officer  shall  not  enter  into  any  agreement 
under this sub section. 

(2)  On  receipt  of  such  memorandum  of  agreement  the  Registrar  shall  enter 
the same in a register maintained for the purpose unless on inquiry he is satisfied 
that the agreement was in contravention of any of the provisions of this Act or was 
the  result,  of  mistake,  misrepresentation,  fraud,  undue  influence,  coercion  or 
threat. 

(3)  An appeal shall lie to the Industrial Court against an order of the Registrar 
refusing to register an agreement under sub- section (2). The provisions of section 
20 shall apply to such appeal. 

1[44.A  Registration  of  agreements  under  section  42(4).-Where  an 
agreement referred to in the proviso to sub-section (4) of section 42 is arrived at, a 
memorandum  of  such  agreement  may  be  forwarded  by  either  party  to  the 
Registrar by registered post. The provisions of sub-sections (2) and (3) of section 
44 shall then apply for registration of such agreement. 

44B.  Certain settlements deemed to be agreement.-Where  a settlement is 
arrived  at  within  two  months  from  the  date  of  the  completion  of  any  conciliation 
proceedings,  such  settlement  shall  be  deemed  to  be  an  agreement  for  the 
purposes  of  section  44  and  the  provisions  of  the  said  section  44  shall  apply  for 
registration of such agreement.] 

45. Agreement to come into force.-  An agreement registered under section 
44  shall  come  into  operation  on  the  date  specified  therein  or  if  no  date  is  so 
specified on its being recorded by the Registrar. 

46. Illegal change.- (1) No employer shall make any change in any standing 
order  settled  under  Chapter  VII  without  following  the  procedure  prescribed 
therefore in this Act. 

(2)  No employer shall make any change in any industrial matter mentioned in 

Schedule II - 

2[(ai)  before  giving  notice  of the  change  as  required  by  the  provisions  of  sub-

section (1) of section 42;] 

1  Ins. by Bom. 63 of 1953. 
2  Ins. by Bom. 63 of 1953. 

 
                                                 
28 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(i)  within the period provided for in sub-section (1) of section 44 unless an 

agreement is arrived at; 

1[(ii)  where  no  agreement  is  arrived  at  before  the  completion  of  the 
conciliation proceedings and during the period of ten days thereafter;] 
2[(iii)  where no settlement is arrived at, before the date on which the award 
of the arbitrator or the Industrial Court, or as the case may be, decision 
of the Wage Board, comes into operation.] 

(3)  No employer shall make any such change in contravention of the terms of 
a settlement, 3[effective award, registered agreement or effective order or decision 
of a Wage Board]. 

(4)    Any  change  made  in  contravention  of the  provisions  of  sub-  section  (1), 

(2) or (3) shall be illegal. 

(5)  Failure  to  carry  out  the  terms  of  any  settlement,  award,  4[registered 
agreement or effective order or decision of a Wage Board], 5[a Labour Court or the 
Industrial  Court  affecting  Industrial  matters]  shall  be  deemed  to  be  an  illegal 
change. 

47.  Employer  to  make  change  etc,  within  certain  time.-    An  employer 
required  under  the  terms  of  any  3[effective  decision  or  order  of  a  Wage  Board,] 
Labour  Court  or  the  Industrial  Court  to  carry  out  a  change  or  withdraw  an  illegal 
change, shall comply with such requirement within such limit as the 6[Wage Board 
or] Court giving or making the decision or order prescribes and where no time is 
prescribed by it within forty-eight hours  of the giving or  making  of  the decision or 
order 7[or as the case may be, of the declaration referred to in section 76-A or 86-
F.] 

CHAPTER IX 
Joint Committees 

48.    Constitution  of  Joint  Committees.-(1)  A  Joint  Committee  may  be 
constituted for an undertaking or occupation with the consent of the employer and 
the  registered  union  for  the  industry  for  the  local  area  [and  shall  be  constituted 
irrespective of such consent, if the 8[State] Government on an application made to 
to it in this behalf by the registered union so directs]: 

Provided  that  no  Joint  Committee  shall  be  so  constituted  in  respect  of  an 
undertaking or occupation where there is no representative union, unless not less 
than fifteen per cent, of the employees are members of a registered union. 

(2)    On  application  made  in  this  behalf  by  the  employer  or  the  Union  to  the 
Registrar,  a  Joint  Committee  shall  be  entered  in  a  list  of  Joint  Committees 
maintained by  him, and thereupon  all the provisions of this Act shall apply to the 
Joint Committee. 

1  Subs. by Bom.63 of 1953. 
2  Subs. by Mah. 22 of 1965. 
3  Subs. by Bom. 43 of 1948. 
4  Subs. by ibid. 
5  Ins. by Bom. 55 of 1949. 
6  Ins. by Bom. 43 of 1948. 
7  Added by Bom. 43 of 1948. 
8  Subs. by the Adaptation of Laws Order, 1950. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        29 

1[(3)  Every  Joint  Committee  shall  stand  dissolved  whenever  the  condition 
specified in the proviso to sub-section (1) ceases to be complied with; and a Joint 
Committee constituted with the consent of the  employer and the registered union 
shall also stand dissolved  on the expiry of the  period of a  three months' notice in 
that  behalf  being  given  by  the  employer  to  the  union,  or  by  the  union  to  the 
employer.] 

49. Composition of Joint Committee.- (1) A Joint Committee shall consist of 
such  number  of  members  as  may  be  prescribed;  half  the  number  shall  in  the 
prescribed  manner  be  nominated  by  the  union  2[from  among  employees  in  the 
undertaking  or  occupation  concerned],  and  the  other  half  appointed  by  the 
employer concerned. 

3[Where the Joint Committee is to be constituted in pursuance of a direction of 
of  the  4[State]  Government  on  an  application  made  by  the  registered  union,  the 
union  and  the  employer  shall  nominate  and  appoint  the  members  within  such 
period  as  the  4[State]  Government  may  by  order  specify.    A  copy  of  such  order 
shall, as soon as may  be, be given to the union and the employer in the manner 
prescribed. 

(2)  A  chairman  shall  be  appointed  in  accordance  with  rules  made  in  this 

behalf.  He shall perform his duties in the prescribed manner.  

50. Proceedings of Joint Committee.-(1) A representative of the registered 
union  may  attend  any  meeting  of  the  Joint  Committee,  to  advise  the  members 
representing the employees. 

(2)  The proceedings of the Joint Committee shall be conducted in the manner 

prescribed. 

(3)  The  proceedings  shall  be  recorded  in  a  minute  book  5[in  a  language 

understood by a majority of the employees.] 

51. Proposal for change.- (1) Any member of a Joint Committee may move a 
proposal  regarding  any  change  other  than  a  change  in  any  standing  order  or 
regarding  any  other  matter  affecting  the  relations  between  the  employer  and  the 
employees  in  the  undertaking  or  occupation,  as  the  case  may  be,  for  which  the 
Committee is constituted: 

Provided that no such proposal shall be moved for a change in respect of any 
industrial matter if  such  change  could  not for  the  time  being  be  made  under  this 
Act. 

(2)    The  decision  of  the  Joint  Committee  regarding  very  change  proposed 
under  the  provisions  of  sub-section  (1)  together  with  all  necessary  particulars 
regarding  such  change  shall  within  forty-eight  hours  be  communicated  to  the 
registered  union  and  the  employer,  as  well  as  the  Labour  Officer  and  the 
Commissioner of Labour. 

52.  Special  intimation  for  change  and  special  application  to  Labour 
Court.- (1) Where an agreement is arrived at between the employer and the union 
regarding  any  change  proposed  in  the  Joint  Committee  under  sub-section  (1)  of 

1  Subs. by Bom. 43 of 1948. 
2  Ins. by Bom. 74 of 1948. 
3  Ins. by Bom. 43 of 1948. 
4  Subs. by the Adaptation of Laws Order, 1950. 
5  Added by Bom. 63 of 1953. 

 
                                                 
30 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

section 51, a memorandum of such agreement signed by them shall be forwarded 
by the employer in the prescribed manner to the Registrar and the Labour Officer 
and  all  the  provisions  of  this  Act  shall  apply  to  such  agreement  as  they  would 
apply in respect of an agreement under sub-section (1) of section 44. 

(2) If within seven days from the receipt of a decision under sub-section (2) of 
section  51,  the  employer  or  the  union  sends  an  intimation  (hereinafter  called 
special intimation) in the prescribed form to the Conciliator for the industry for the 
local  area  stating  that  the  change  proposed  in  the  Joint  Committee,  being,  a 
change  in  respect  of  a  matter  not  specified  in  Schedule  I  or  III,  or  such  change 
with  specified  alterations,  should  be  made,  and  that  no  agreement  in  respect 
thereof  has  been  arrived  at  between  the  union  and  the  employer,  the  Conciliator 
shall  forthwith  enter  the  case  as  an  industrial  dispute  in  the  register  kept  under 
section  55,  and  the  provisions  of  this  Act  shall  apply  to  it  as  if  a  statement  is 
submitted under section 54. 

(3) If within seven days from the receipt of a decision under sub-section (2) of 
section 51 regarding a matter specified in clause (a) of paragraph A of sub-section 
(1)  of  section  78  the  employer  or  union  sends  a  special  application  in respect  of 
such  matter  to  the  Labour  Court  having  jurisdiction,  the  Labour  Court  shall 
forthwith proceed to decide the dispute under the provisions of Chapter XII. 

(4)  A  copy  of  every  special  intimation  sent  under  sub-section  (2)  shall  be 
forwarded to the Chief Conciliator, the Conciliator for the industry for the local area 
concerned,  the  Registrar,  the  Labour  Officer    and  such  other  person  as  may  be 
prescribed. 

53.    Decision  of  respective  representatives  binding  on  union  and 
employer.-    (1)  The  union  may  authorise  such  proportion  (hereinafter  called  the 
authorised  proportion),  not  being  less  than  three-fourths  of  the  members 
representing  the  employees  on  the  Joint  Committee,  to  accept  or  reject    on  its 
behalf any proposal or class of proposals moved in the Committee. 

(2)  The  employer  may  authorise  a  proportion  of  the  members  representing 
him  on the Committee to accept or reject on his behalf any proposal or class  of 
proposals moved in the Committee. 

(3) For a period of two months after a decision of the Committee, no notice of 
change  under  section  42,  or  special  intimation  or  application  under  section    52  
shall be given or made- 

(a) where the union acts under sub-section (1), by the employees concerned or 
the union, contrary to the decision of the authorised proportion accepting a 
proposal in respect of which it is authorised; and 

(b) Where the employer acts under sub-section (2), by the employer, contrary 

to the decision of the authorised proportion of his representatives. 

(4)    The  union  whenever  it  acts  under  sub-section  (1),  and  the  employer 
whenever  he  acts  under  sub-section  (2),  shall  communicate  the fact  to  the  Chief 
Conciliator,  the  Conciliator  for  the  industry  for  the  local  area  concerned  and  the 
Registrar. 

CHAPTER X 
Conciliation Proceedings 

54.    Report  of  dispute  to  be  sent  to  Registrar,  Chief  Conciliator  and 
Conciliator.- (1) If any proposed change in respect of which notice is given under 

  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        31 

section 42, or an intimation or special notice is given under section 43 is objected 
to by the employer or the employee, as the case may be, the party who gave such 
notice, intimation or special notice shall, if he still desires that the change  should 
be  effected, forward to the Registrar, the Chief Conciliator and the  Conciliator for 
the  local  area  for  the    industry  concerned  a  full  statement  of  the  case  in  the 
prescribed  form  within  fifteen  days    from  the  date  of  service  of  such  notice, 
intimation or special notice on the other party or within  one week of the expiry of 
the period fixed by both the parties under sub-section (1) of section 44 for arriving 
at an agreement. 

Explanation.- For the purposes of this sub-section a change shall be deemed 
to  be  objected  to  by  the  employer  or  employee,  as  the  case  may  be,  if  within 
seven days from the date of service of such notice, intimation or special notice or 
within the  period fixed  by both the  parties under  sub-section (1) of section  44 for 
arriving at an agreement  a memorandum of agreement has not been forwarded to 
the Registrar under the said sub-section. 

(2)    When  a  notification  is  issued  under  sub-section  (5)  of  section  43  in 
respect  of  such  change,  any  employer  or  employee  in  the  industry  may  within 
seven  days  from  the  date  of  publication  of  such  notification  forward  such 
statement to the said officers. 

55.  Commencement  of  conciliation  proceedings.-On  receipt  of  the 
statement of the case under section 54 of the Conciliator shall, except in a case in 
which by reason of the  provisions  of section 64 a conciliation  proceeding can not 
be commended, 1[within a week] enter the industrial dispute in the register kept for 
the  purpose  and  thereupon  the  conciliation  proceeding  shall  be  deemed  to  have 
commenced  from  2[the  date  of  such  entry  in  the  register,  which  date  shall  be 
communicated by him to the parties concerned]. 

56.  Conciliation  proceeding.-(1)  The  Conciliator  shall  hold  the  conciliation 

proceeding in the prescribed manner. 

(2)  It  shall  be  the  duty  of  the  Conciliator  to  endeavour  to  bring  about  the 
settlement  of  the  industrial  dispute  and  for  this  purpose  the  Conciliator  shall 
enquire into the dispute and all matters affecting the merits thereof and may do all 
such thing as he thinks fit for the purpose of inducing the parties to come to a fair 
and  amicable  settlement    of  the  dispute  may  adjourn  the  conciliation  proceeding 
for any period sufficient in his opinion to allow the parties to arrive at a settlement 
or for any other reason. 

57.    Power  of  Chief  Conciliator  to  intervene.-(1)  It  shall  be  lawful  for  the 
Chief Conciliator to intervene or to direct any Conciliator to intervene at any stage 
in any conciliation proceeding held by another Conciliator, and thereafter the Chief 
Conciliator  or  the  Conciliator  so  directed  shall  hold  the  conciliation    proceeding 
with or without the assistance of the Conciliator. 

(2)  The  Chief  Conciliator  may  from  time  to  time  issue  such  directions  as  he 

deems fit to any Conciliator at any stage of a conciliation proceeding. 

58.  Settlement  and  report.-(1)  If  a  settlement  of  an  industrial  dispute  is 
arrived at in a conciliation proceeding, a memorandum of such settlement shall be 

1  Subs. by Bom. 63 of 1953. 
2  Subs. by Bom. 63 of 1953. 

 
                                                 
 
32 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

drawn  up  in  the  prescribed  form  by  the  Conciliator  and  signed  by  the  employer 
and  the  representatives  of  employees.  The  Conciliator  shall  send  a  report  of  the 
proceeding  along  with  a  copy  of the  memorandum  of settlement  to  the  Registrar 
and  the  Chief  Conciliator.  The  Registrar  shall  record  such  settlement  in  the 
register  of  agreements  and  shall  then  publish  it  in  the  prescribed  manner.    The 
change,  if  any,  agreed  to  by  such  settlement  shall  come  into  operation  from  the 
date agreed upon in such settlement where no such date is agreed upon from the 
date on which it is recorded in the register. 

(2)    If  no  such  settlement  is  arrived  at,  the  Conciliator  shall,  as  soon  as 
possible  after  the  close  of  the  proceeding  before  him,  send  a  full  report  to  the 
Chief  Conciliator  stating  the  steps  taken  by  him  for  ascertaining  the  facts  and 
circumstances relating to the dispute and the reasons on account of which, in his 
opinion, settlement could not be arrived at: 

Provided that where such Conciliator is the Chief Conciliator such report shall 

be forwarded by him to the 1[State] Government. 

(3) The Chief Conciliator shall forward the report submitted to him under sub-

section (2) to the 1[State] Government with such remarks as he deems fit. 

(4) The 1[State] Government shall publish the report of the Conciliator or Chief 
Conciliator  forwarded  to  it  under  the  proviso  to  sub-section  (2)  or  under  sub-
section  (3)  except  in  cases  in  which  the  dispute  is  referred  to  a  Board  or  the 
parties to the dispute enter into a submission in respect of it. 

2[(4A)  Notwithstanding  anything  contained  in  this  section  where  an  industrial 
dispute is  settled in regard to some of the industrial matters included therein and 
has  not  been  settled  in  regard  to  others  and  the  parties  agree  in  writing  that  the 
settlement  shall  take  place  in  regard  to  the  industrial  matters  so  settled,  the 
settlement  of  the  said  industrial  matter  shall  be  registered  and  a  report  of  the 
industrial matters not settled shall be sent in accordance with the provisions of this 
section]. 

(5)    Before  the  close  of  the  proceeding  before  him  the  Conciliator  shall 
ascertain  from  the  parties  whether  they  are  willing  to  submit  the  dispute  to 
arbitration. 

(6)(a) Notwithstanding anything contained in the foregoing sub- sections, if at 
any  stage  of  a  conciliation  proceeding  the  parties  agree  in  writing  to  submit  the 
dispute  to  arbitration,  the  agreement  shall  be  deemed  to  be  a  submission  within 
the meaning of section 66. 

(b)  Where the agreement provides for arbitration either by a Labour Court or 
by  the  Industrial  Court,  the  Conciliator  shall  forthwith  refer  the  dispute  to  the 
Labour Court or the Industrial Court, as the case may be. 

59. Reference to Board.- (1) The  1[State] Government may at any time, and 
where either prior to the commencement of a  proceeding before the Conciliator or 
after  his  failure  to  bring  about  a  settlement,  the  parties  agree,  shall  refer  the 
dispute to a Board and thereupon conciliation proceedings before the Board shall 
be deemed to have commenced from the date of such reference. 

(2)    On  such  reference  being  made,  the  Board  shall  give  notice  in  the 
prescribed  manner  to  the  parties  to  the  dispute  to  appear  before  it  at  such  time 

1  Subs. by the Adaptation of Laws Order, 1950. 
2  Ins. by Bom. 74 of 1948. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        33 

and place as may be specified in this notice.  A copy of such notice shall be sent 
to the Labour Officer. 

(3)  On the date specified in the notice or on such other date as may be fixed 
by the Board, the Board shall hold the conciliation proceeding.  It shall be the duty 
of the Board to endeavour to bring about a settlement of the industrial dispute and 
the  provisions  of  sections  55,  56  and  58  shall,  so  far  as  may  be,  apply  to  the 
proceeding before the Board. 

60. Procedure and powers of Conciliator and Board.- (1) A Conciliator or a 
Board, as the case may  be, shall subject to the provisions to this Act, follow in a 
conciliation proceeding such procedure as may be prescribed. 

(2)  The  proceedings  before  a  Conciliator  shall  be  held  in  Camera    and  any 
proceedings before a Board may be held in public or in Camera as the Board may 
decide. 

(3)  If  a  party  to  an  industrial  dispute  or  a  witness  or  any  other  person  giving 
any information or producing any document in a conciliation proceeding, makes a 
request  in  writing  to  the  Conciliator  or  the  Board,  as  the  case  may  be,  that  such 
information  or  the  contents  of  such  document  be  treated  as  confidential,  the 
Conciliator or the Board shall direct that such information or document be treated 
as confidential: 

Provided  that  the  Conciliator  or  Board  may  permit  the  information  or  the 

contents of the document to be disclosed to the other party. 

(4)  Save  as  provided  in  sub-section  (3)  a  Conciliator  or  any  member  of  a 
Board or  any  person present at or concerned in the conciliation proceeding shall 
not disclose any information or the contents of any document in respect of which a 
request has been made under sub-section (3) without the consent in writing of the 
party making the request under the said sub-section. 

(5)  Nothing in this section shall apply to the  disclosure of any information or 
the  contents  of  any  document for  the  purpose  of  a  prosecution  under  this  Act  or 
under any other law for the time being in force. 

61. Reference to Industrial Court by Conciliator or Board.-A Conciliator or 
a Board may refer any question of law arising before him or it in any conciliation 
proceeding,  to  the  Industrial  Court  for  decision.    Any  order  passed  by  the 
Conciliator  or  the  Board  in  such  proceeding  shall  be  in  accordance  with  such 
decision. 

62.  Time  limit  for  stages  of  conciliation  proceeding.-(1)  The  1[State] 
Government  shall  by general or special order notified in the Official Gazette fix a 
time limit for the completion of each stage of the conciliation proceedings provided 
for under this Chapter: 

Provided  that  the  total  period  fixed  for  the  completion  of  all  stages  of 
conciliation  proceeding  shall  not  exceed  one  month  from  the  date  on  which  the 
dispute is entered by the Conciliator in the register under section 55 or is referred 
to a Board under section 59: 

Provided further that the  1[State] Governments may extend as the said period 
of one month by a further period of a fortnight  at a time but not exceeding in any 
case two months in the aggregate. 

1  Subs. by the Adaptation of Laws Order, 1950. 

 
                                                 
34 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  parties  to  any 
industrial  dispute  may  in  any  case  agree  to  extend  the  period  fixed  for  the 
completion  of  any  stage  of  a  conciliation  proceeding  by  any  further  period  and 
such further period shall be excluded in computing the period of time limit referred 
to in the said sub- section. 

1[Provided that, the total period for the completion of a conciliation proceeding  
including  the  period  of  extension  mutually  agreed  to  by  the  parties  shall  not 
exceed one year: 

Provided  further  that,  the  State  Government  may  extend  the  said  period  of 
one  year by a  further period of a month at a time but not exceeding in any case 
two months in aggregate]. 

2[(3) Where a Conciliator or a Board refers under section 61 a question of law 
to  the  Industrial  Court  for  its  decision,  the  period  commencing  from  the  date  of 
such reference to the date of communication of the decision of the Industrial Court 
to  the  Conciliator  or  the  Board,  as  the  case  may  be,  shall  be  excluded  in 
computing the time-limit referred to in sub-section (1).] 

63.  Completion of conciliation proceeding.- A conciliation proceeding shall 

be deemed to have been completed- 

(i)  when  a  memorandum  of  the  settlement  arrived  at  in  such  proceeding  is     

signed by the parties under sub-section (1) of section 58, or 

(ii) when the parties agree in writing to submit the dispute to arbitration, or 
(iii)  if  no  settlement  is  arrived  at  when  the  report  of  the  Conciliator  or  the 

Board is published by the 1[State] Government, or 

(iv)  when  the  time  limit  fixed  for  the  completion  of  such  proceeding  under 

section 62 has expired. 

3[Explanation.-When  an  industrial  dispute  is  settled  in  regard  to  some  of  the 
industrial  matters  included  therein,  the  conciliation  proceeding  in  regard  to  those 
matters only  shall be deemed to have been completed within the meaning of this 
section.] 

64.    Conciliation  proceedings  not  to  be  commenced  or  continued  in 
certain  cases.-No  conciliation  proceeding  in  respect  of  an  industrial  disputes 
shall-- 

(a) be commenced if -- 

(i)  the  representative  of  employees  directly  affected  by  the  dispute  is  a 
registered union which is a party to a submission relating to such dispute 
or a dispute relating to an industrial matter similar to that regarding which 
the dispute has arisen; 

(ii)  it  has  been  referred  to  arbitration  under  the  provisions  of  section  72  4[or 

73]; 

(iii)  by reason  of a direction issued under  sub-section (2) of section 114  5[or 
by  reason  of  any  of  the  other  provisions  of  this  Act]  the  employers  and 

1  Added by Bom. 63 of 1953. 
2  Ins. by Bom. 63 of 1953. 
3  Added by Bom. 74 of 1948 
4  Subs. by Bom. 63 of 1953. 
5  Ins. by Bom. 55 of 1949. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        35 

employees concerned are in respect of the dispute bound by a registered 
agreement, settlement, submission or award; 

(b) be continued after the date on which -- 

(i) a submission relating to such dispute is entered into by the employer and 

employees concerned under section 58 of 66; 

(ii) the dispute is referred to arbitration under section 72 1[73 or 73A] 2[or to a 

Wage Board under section 86C or 86CC]; or 

(iii) the direction referred to in sub-clause (iii) of clause (a) is issued. 
65.    Conciliation  proceeding  discontinued  deemed  to  be  completed.-  A 
conciliation proceeding which is discontinued under  clause  (b)  of  section 64 shall 
be deemed to have been completed on the date referred to in the said clause, and 
the  provisions  of  section  58  with  regard  to  the  submission,  forwarding  and 
publication of reports shall apply to such conciliation proceeding. 

CHAPTER XI 
Arbitration 

66. Submission.- (1) Any employer and a Representative Union or any other 
registered  union  which  is  a  representative  of  employees  may,  by  a  written 
agreement,  agree  to  submit  any  present  or  future  industrial  dispute  or  class  of 
such disputes to the arbitration of any person whether such arbitrator is named in 
such agreement or not. Such agreement shall be called a submission. 

(2)    Such  submission  may  provide  that  the  dispute  shall  be  referred  to  the 

arbitration of Labour Court or the Industrial Court; 

3[Provided  that  no  such  submission  shall  provide  for  reference  to  any  such 
dispute to the arbitration of the Industrial  Court where under any provision of this 
Act it is required to be referred to the Labour Court for its decision.] 

(3)  A copy of every such submission shall be sent to the Registrar who shall 
register  it  in  the  register  to  be  maintained  for  the  purpose  and  shall  publish  it  in 
such manner as may be prescribed. 

67.  Submission when revocable.- Every submission shall in the absence of 

any provision to the contrary contained therein be irrevocable: 

Provided  that  a  submission  to  refer future  disputes  to  arbitration  may  at  any 
time be revoked by any of the parties to such submission by giving the other party 
six months' notice in writing: 

Provided  further  that  before  the  expiry  of  the  said  period  of  six  months  the 
parties  may  agree  to  continue  the  submission  for  such  further  period  as  may  be 
agreed upon between them. 

68.    Proceedings  in  arbitration.-The  proceedings  in  arbitration  under  this 
Chapter shall be in accordance with the provisions of the Arbitration Act, 1940, 10 
of 1940 in so far as they are applicable and the powers which are exercisable by a 
Civil  Court  under the said  provisions, shall be exercisable  by a Labour Court and 
the Industrial Court. 

1  Subs. by Bom. 55 of 1949. 
2  Ins. by Mah. 22 of 1965. 
3  Added by Bom. 43 of 1948. 

 
                                                 
36 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

69.  Special case to be stated to Industrial Court.- The arbitrator may refer 
any  question  of  law  arising  before  him  in  any  proceeding  under  this  Act  to  the 
Industrial  Court  for  its  decision.    Any  award  made  by  the  arbitrator  shall  be  in 
accordance with such decision. 

70.  Award  by  arbitrator.-The  arbitrator  shall,  after  hearing  the  parties 

concerned, make an award which shall be signed by him.  

71.  Dispute  to  be  referred  to  Labour  Court  and  Industrial  Court  if  no 
arbitrator  appointed.-  Notwithstanding  anything  contained  in  this  Chapter,  if  no 
provision has been made in any submission for the appointment of an arbitrator or 
where by reason of any circumstance no arbitrator is appointed, such dispute shall 
be  referred  to  the  arbitration  or  a  Labour  Court  or  the  Industrial  Court,  as  the 
1[State] Government may determine. 

72.    Disputes  between  employees  and  employees  may  be  referred  by 
1[State]  Government  to  arbitration  of  Labour  Court  or  Industrial  Court.-(1) 
Notwithstanding anything hereinbefore contained the 1[State] Government may,  at 
any  time  on  the  report  of  the  Labour  Officer  or  on  its  own  motion,  refer  any 
industrial dispute between employers and employees to the arbitration of a Labour 
Court or the Industrial Court. 

(2)    The  provisions  of  this  Chapter  with  such  modifications  as  may  be 

prescribed shall apply to such arbitration. 

(3)    The  employers  of  such  employees  shall  in  the  prescribed  manner  be 

made parties to such arbitration. 

73.  1[State]  Government  may  refer  Industrial  dispute  to  Industrial  Court 
for  arbitration.-  Notwithstanding  anything  contained  in  this  Act,  the  1[State] 
Government  may,  at  any  time,  refer  an  Industrial  dispute  to the  arbitration  of the 
Industrial  Court,  if  on  a  report  made  by  the  Labour  Officer  or  otherwise  it  is 
satisfied that- 

(1) by reason of the continuance of the dispute - 

(a) a serious outbreak of disorder or a breach of the public peace is likely to 

occur; or 

(b)  serious  or  prolonged  hardship  to  a  large  section  of  the  community  is 

likely to be caused; or 

(c) the industry concerned is likely to be seriously affected or the prospects 

and scope for employment therein curtailed; or 

      (2) the dispute is not likely to be settled by other means; or 

(3) it is necessary in the public interest to do so. 
2[73AA.    Power  of  State  Government  to  include  other  undertakings  in 
references  to  Labour  or  Industrial  Court.-Where  an 
industrial  dispute 
concerning any undertaking in an industry or section thereof has been or is to be 
referred  to  a  Labour  Court  or  Industrial  Court  under  section  72  or  73,  and  the 
State Government is of opinion, whether an application made to it in this behalf or 
otherwise, that the dispute is of such a nature that any other undertaking, group or 
class of undertakings of a similar nature  in that industry or any section thereof is 
likely to be interested in or affected by such dispute, the State Government may, 

1  Subs. by the Adaptation of Laws Order, 1950. 
2  Ins. by Mah. 22 of 1965. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        37 

at  the  time  of  making  such  reference  or  at  any  time  thereafter,  but  before  the 
submission  of  the  award,  included  in  that  reference  such  undertaking,  group  or 
class  of  undertakings  or  any  section  thereof,  whether  or  not  at  the  time  of  such  
inclusion  any  dispute  exists  or  is  apprehended  in  that  establishment,  group  or 
class of undertakings or section thereof]. 

1[73A.  Reference  to  arbitration  by  unions.-Notwithstanding  anything 
contained in this Act 2[an employer or] a registered union which is a representative 
of  employees  and  which  is  also  an  approved  union  may  refer  any  industrial 
dispute for arbitration to the Industrial Court: 

Provided that no such dispute shall be referred to the Industrial Court,- 
(i) after two months from the date of the completion of the proceedings before 

the Conciliator; 

3[(ii)  where  the  registered  union  or  the  employer,  as  the  case  may  be,  has 
offered  in writing  before  the  Conciliator  to  submit  the  dispute  to  arbitration 
under this Act and the employer or the union, as the case may be, has not 
agreed to do so;] 

(iii)  unless  the  dispute  is  first  submitted to  the  Conciliator  and  the  conciliation 
proceedings are completed or the Conciliator certifies that the dispute is not 
capable of being settled by conciliation: 

Provided further that no such dispute  shall be referred  to  the Industrial Court 
where  under  any  provision  of  this  Act  it  is  required  to  be  referred  to  the  Labour 
Court for its decision.] 

74. Notice of  award to parties.-(1)  The arbitrator, Labour Court or Industrial 
Court, as the case may be, shall forward copies of the award made by him or it to 
the parties, the Commissioner of Labour and the Registrar. 

(2)  On  receipt of such award, the Registrar shall enter it in the register kept 

for the purpose and shall publish it in such manner as may be prescribed. 

75.  Date on which award shall come into operation.-4[Except as provided 
in section 118B, the award shall] come into operation on the date specified in the 
award  or  where  no  such  date  is  specified  therein  on  the  date  on  which  it  is 
published under section 74]. 

76.  Completion of arbitration proceeding.- The arbitration proceeding shall 

be deemed to have completed when the award is published under section 74. 

5[76A.  Procedure to give effect to awards affecting 6[State] Government.- 
(1) Notwithstanding anything contained in sections 74 to 76 (both inclusive) where 
the  award  affects  an  industry  conducted  or  carried  on  by  a  department  of  the 
6[State]  Government,  the  award  shall  not  be  effective  except  in  accordance  with 
the procedure set out in sub-sections (2) and (3). 

(2)  The  arbitrator,  Labour  Court  or  Industrial  Court,  shall,  as  soon  as 
practicable  on  the  conclusion  of  its  proceedings,  submit its  award  to  the  6[State] 

1  Subs. by Bom. 63 of 1953. 
2  Ins. by Mah. 22 of 1965 
3  Subs. by Mah. 22 of 1965. 
4  Subs. by Mah. 22 of 1965. 
5  Ins. by Bom. 43 of 1948. 
6  Subs. by the Adaptation of Laws Order, 1950. 

 
                                                 
38 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

Government,  and  the    1[State]  Government  shall,  by  order  in  writing,  declare the 
2[award] to be binding: 

Provided  that  where  in  the  opinion  of  the  1[State]  Government,  it  would  be 
inexpedient on public grounds to give effect to the whole or any part of the award, 
the  1[State]  Government  shall,  on  the  first  available  opportunity,  lay  the  3[award] 
together  with  the  statement  of  its  reasons  for  not  making  a  declaration  as 
aforesaid before the  Legislative  Assembly by the  1[State]  and  shall, as soon as 
may  be,  caused  to  be  moved  herein  a  resolution  for  the  consideration  of  the 
3[award];  and  the  Legislative  Assembly  may  by  its  resolution  confirm,  modify  or 
reject the award. 

(3) On the passing of a resolution under the proviso to sub- section (2), unless 
the  award  is  rejected  thereby,  the  1[State]  Government  shall,  by  order  in  writing, 
declare award as confirmed or modified by the resolution, as the case may be, to 
be binding.] 

CHAPTER XII 
Labour Courts 

77.  Territorial jurisdiction.- The territorial jurisdiction of Labour Courts shall 

extend to the local areas for which they are constituted. 

78.  Powers of Labour Court.- (1) A Labour Court shall have power to - 
A. decide - 
(a) disputes regarding - 

4[(i)  the  propriety  or  legality  of  an  order  passed  by  an  employer  acting  or 

purporting to act under the standing order;] 

(ii)  the application and interpretation of standing orders: 
(iii) any change made by an employer or desired by an employee in respect 
of an industrial matter specified in Schedule III 5[except item (5) thereof)] 
thereof)] and matters arising out of such change; 

(b) industrial disputes -- 

  (i)  referred to it under section 71 or 72; 
  (ii)  in respect of which it is appointed as the arbitrator by a ubmission; 

(c)  whether  a  strike,  lock-out,  6[closure,  stoppage]  or  any  change  is  illegal 

under this Act; 

B.  Try  offences  punishable  under  this  Act  and  where  the  payment  of 
compensation  on  conviction  for  an  offence  is  provided  for,  determine  the 
compensation and order its payment; 
C. require any employer to— 

1 Subs. by the Adaptation of Laws Order, 1950. 
2  Subs. by Bom. 63 of 1953. 
3  Subs. by Bom. 63 of 1953. 
4  Subs. by Bom. 63 of 1953. 
5  Ins.by Bom 22 of 1965. 
6  Ins. by Bom. 74 of 1948. 

 
                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        39 

(a)  withdraw  any  change  which  in  held  by  it  to  be  illegal,  or  1[withdraw 
temporarily any change the legality of which is a matter of issue in any 
proceeding pending final decision, or] 

(b)  carry out any change provided such change is a matter in issue in any 

proceeding before it under this Act. 

2[D.  require  an  employer,  where  it  finds  that  orders  of  dismissal,  discharge, 
removal, retrenchment, termination of service or suspension of an employee made 
by the employer,- 

(i) was for fault or misconduct committed by the employee which came to the 
notice  of  the  employer  more  than  six  months  prior  to  the  date  of    such 
order; or 

(ii)  was  in  contravention  of  any  of  the  provisions  of  any  law,  or  of  any 

standing order in force applicable to such employee, or 

(iii) was otherwise improper or illegal- 

(a)  to  reinstate  the  employee  forthwith  or  by  a  date  specified  by  it in  this 
behalf  and  pay  him  wages  for  the  period  beginning  on  the    date  of 
such    order  of    dismissal,  discharge,  removal,    retrenchment,  
termination  of service or suspension, as the case may be, and ending 
on the date of his reinstatement, whichever is later, or 

(b)  to  pay  to  the  employee  in  addition  to  wages  (being  wages  for  the 
period commencing on the date of his dismissal, discharge,   removal, 
retrenchment  or  termination  of  service  and  ending  on  the  date  on 
which  the  Labour  Court  orders  such  payment),  such  sum  not 
exceeding four thousand rupees by way of compensation, regard being 
had  to  loss  of  employment  and  possibility  of  getting  suitable 
employment thereafter.] 

(2)  Every offence punishable under this Act shall be tried by the Labour Court 

within the  local limits of whose jurisdiction it was committed. 

Explanation.- A dispute falling under clause (a) of paragraph A of sub-section 
(1)  shall  be  deemed  to  have  arisen  if  within  the  period  prescribed  under  the 
proviso to sub-section (4) of section 42, no agreement is arrived at in respect of an 
order, matter or change referred to in the said proviso. 

79.  Commencement  of  proceedings.-(1)  Proceedings  before  a  Labour  
Court in respect of disputes falling under clause (a) of paragraph A of sub section 
(1)  of  section  78  shall  be  commenced  on  an  application  made  by  any  of  the 
parties to the dispute, a special application under sub-section (3) of section 52 or 
an  application by the Labour Officer 3[or a representative union] and  proceedings 
in  respect  of  a  matter  falling  under  clause  (c)  of  the  said  paragraph  A  on  an 
application  made  by  any  employer  or  employee  directly  affected  or  the  Labour 
Officer 1[or a representative union.] 

(2)  Every  application  under  sub-section  (1)  shall  be  made  in  the  prescribed 

form and manner. 

1  Ins. by Bom. 22 of 1965. 
2  Added by Bom.  22 of 1965. 
3  Ins by Bom. 43 of 1948. 

 
                                                 
40 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(3) An application in respect of a dispute falling under clause (a) of  paragraph 

A of sub-section (1) of section 78 shall be made -- 

(a)  if it  is  a  dispute  falling  under  sub-clause  (i)  or  (ii)  of the  said  clause, 

within three months of the arising of the dispute; 

(b)  if it is a dispute falling under sub-clause (iii) of the said  clause within 
three months of the employee concerned having last approached the 
employer under the proviso to sub-section (4) of section 42: 
1[Provided  that,  the  Labour  Court  may,  for  sufficient  reasons,  admit  any 
application  in  respect  of  any  dispute  made  to  it  under  this  sub-section  after  the 
expiry of the period of three months specified thereof under sub-clause (a) or (b), 
as the case may be.] 

(4) An application in respect of a matter falling under clause (c) of paragraph A 
of  sub-section  (1)  of  section  78  shall  be  made  within  three  months  of  the 
commencement of the strike, 2[lock- out, closure or stoppage] or of the making of 
the illegal change, as the case may be: 

3[Provided  that  the  Labour  Court  may,  for  sufficient  reasons,  admit  any 
application for a declaration that a change is illegal under this Act, after the expiry 
of three months from the date on which such change was made : 

Provided further that when an application is admitted after the expiry of three 
months under the preceding proviso the employer who made the change shall not 
be liable to the penalty provided under section 106]. 

4[80.  Labour  Court  to  give  notice  to  parties  affected  and  permit 
appearance of parties.- On receipt of an application under section 79 the Labour 
Court  shall  issue  a  notice  to  all  parties  affected  by  the  dispute,  in  the  manner 
provided  by  rules  under  section  85.    Subject  to  the  provisions  of  Chapter  V,  the 
Labour Court may permit the parties so affected to appear in the manner provided 
by  the  provisions  of  section  80A  to  80C.The  Labour  Court  shall  then  hold  an 
inquiry. 

80-A. Procedure to be followed in an application under section 79 by an 
employer  when  employees  affected  are  numerous.-  (1)  Where  an  application 
is  filed under section 79 by an employer or the Labour  Officer for the decision of 
the  Labour  Court  and  the  employees  affected  are  numerous  persons  having  the 
same  interest,  the  Court  may  permit  one  or  more  of  such  employees  to  appear 
and to defend the application on behalf of all the employees so interested. 

(2)    In  such  case  the  Labour  Court  shall  also  direct  notice  of the  filing  of the 
application to be given to all such employees at the applicant's expense either by 
personal service or where from the number of employees or any other cause such 
service is not reasonably practicable, by public advertisement and by causing the 
notice  with its  translation in  a  regional language  to  be  affixed  by  the  applicant  at 
the entrance through which the majority of the employees enter the premises for 
their work.  The person affixing the notice and publishing  the advertisement shall 
file an affidavit in the Court of his having done so. 

1  Added by Mah. 47 of 1977. 
2  Subs. by Mah. 74 of 1948. 
3  Added by Bom. 55 of 1949. 
4  Subs. by Bom. 49 of 1955. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        41 

80-B. When an employee, who is not permitted to appear may be allowed 
to join as party.-Any employee, who is not permitted to appear under section 80A 
but on whose behalf the application is defended may  apply  to  the Court to make 
him  a  party  to  such  application.  The  Court  may  grant  such  application,  if  it  is 
satisfied that the interest of the employee will be severally and materially affected 
to his prejudice if he is not joined as  party to the application. 

80-C.  Procedure  to  be  followed  in  an  application  under  section  79  by 
employee  when  employees  affected  are  numerous.-(1)  Where  there  are 
numerous  employees having the  same  interest, one or  more of such employees, 
or  the  Labour  Officer,  may,  with  the  permission  of  the  Court,  file  an  application 
under section 79.  Such application may be made on behalf of and for the benefit 
of all the employees.  The Court shall, in such cases, direct the notice of the filing 
of the application to be given to such employees at the applicant's expense, either 
by personal service or where from the number of employees  or any  other cause, 
such  service  is  not  practicable,  by  public  advertisement.    The  person  publishing 
the advertisement shall file an affidavit in the Court of his having done so. 

(2)  An employee on whose behalf an application is filed under sub-section (i) 
may apply to the Court to make him a party to  such application.  The Court may 
grant  such  application    if  it  is  satisfied  that  his  interest  will  be  severally  and 
materially affected to his prejudice if he is not joined as a party to the application. 

80-D. Judge of Labour Court to record minutes of proceedings averment, 
etc.- In an inquiry under sections 80 and 80A to 80C, the Judge presiding over the 
Labour  Court  shall  himself,  as  such  inquiry  proceeds,  record  a  minute  of  the 
proceedings  in  his  own  hand,  embracing  the  material  averment  made  by  the 
parties  affected  and  the  material  parts  of  the  evidence.    The  decision  shall  be 
signed by him and shall set forth the grounds on which it is based.] 

81.  Reference  to  Industrial  Court  by  Labour  Court.-A  Labour  Court  may 
refer any question of law arising in any proceeding before it to the Industrial Court 
for decision.  Any order passed  by the Labour Court in such proceeding shall be 
in accordance with such decision. 

82.Cognizance  of  offences.-No  Labour  Court  shall  take  cognizance  of  any 
offence  except  on  a  complaint  1[of  facts  constituting  such  offence  made  by  the 
person affected thereby 2[or a representative union] or on a report in writing by the 
Labour Officer. 

83.  Powers and procedure of Labour Courts in trials.-In respect of offence 
punishable  under  this  Act,  a  Labour  Court  shall  have  all  the  powers  3[under  the 
Code  of  Criminal  Procedure,  1973,  2  of  1974  of  a  Metropolitan  Magistrate  in  a 
metropolitan area and a Judicial Magistrate of the first class elsewhere,] and in the 
trial of every such offence shall follow the procedure laid down in 4[Chapter XXI] of 
the said Code for a summary trial 5* * * *; and the rest of the provisions of the said 
Code shall, so far as may be, apply to such trial. 

1  Subs. by Bom. 55 of 1949. 
2  Ins. by Mah. 22 of 1965. 
3  Subs. by Mah. 47 of 1977. 
4  Subs. by Mah. 47 of 1977. 
5  Deleted by ibid 

 
                                                 
42 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

1[83-A.  Legal  practitioners  excluded  from  appearance 

in  certain 
proceedings  in  Labour  Courts.-Except  in  a  proceeding  in  connection  with  an 
offence under this Act, a legal practitioner shall not be entitled to appear before a 
Labour  Court on behalf of any party in any other proceeding under this Act, save 
with the permission of such Court]. 

2[83-B.  Power of Labour  Court to award costs 3[and execution of order 
as  to  costs.]-4[(1)]    The  Labour  Court  shall  have  power  to  direct  by  whom  the 
whole or any part of costs in any proceeding before it shall be paid: 

Provided  that,  no  such  costs  shall  be  directed  to  be  paid  for  the  services  of 

any legal adviser engaged by any party.] 

5[(2) The provisions of section 93 shall also apply to the execution of any order 
order  as  to  costs  made  by  the  Industrial  Court,  as  they  apply  to  any  such  order 
made by  the Industrial Court, with the  substitution of the reference to the Labour 
Court for the reference therein to the Industrial Court.] 

84. Appeals.- (1) Notwithstanding anything contained in section 83 an appeal 

shall lie to the Industrial Court -- 

(a)  against  a  decision  of  a  Labour  Court  in  respect  of  a  matter  falling  under 
clause (a) or (c) of paragraph A of sub- section  (1) of section 78 except to 
the  extent  to  which  it  determines  whether  a  strike  Subs.  by  Bom.74  of 
1948.6[lock-out,  closure  or  stoppage]  was  illegal  or  not,  or  a  decision  of 
such Court under paragraph C of sub-section (1) of the said section; 

(b) against a conviction by a Labour Court by the person convicted; 
(c)  against  an  acquittal  by  a  Labour  Court  in  its  special  jurisdiction,  by  the 

7[State] Government; 

(d)  For  enhancement  of  a  sentence  awarded  by  a  Labour  Court  in its  special 

jurisdiction, by the 9[State] Government; 

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

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

Provided  that  the  Industrial  Court  may for  sufficient  reasons  allow  an  appeal 

after the expiry of the said period. 

85.  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; 
(c) prescribe forms in which  books, entries and accounts shall be kept by the 

officers of any such  Courts; 

1  Ins. by Bom. 55 of 1949. 
2  Ins. by Mah. 22 of 1965. 
3  Added by Mah. 47 of 1977. 
4  Renumbered by ibid. 
5  Renumbered by Mah.47 of 1977. 
6  Subs. by Bom.74 of 1948 
7  Subs. by the Adaptation of Laws Order, 1950. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        43 

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

Industrial Court. 

1[85-A.  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 the disposal of the proceeding; and the Labour Court to 
which the proceeding is so transferred may dispose of the proceeding but subject 
to  any  special  directions  in  the  order  of  transfer,  proceed  either  de  novo  or  from 
the stage at which it was so transferred.] 

86.  Decision,  etc., of  Labour  Court not  to  be  called  in question.-  Except 
as otherwise provided by this Act, no decision,  award or order of a Labour Court 
shall be called in question in any proceeding in any Civil or Criminal Court. 

2[CHAPTER XII-A 
Wage Boards 

86-A.    Wage  Boards.-The  3[State]  Government  may,  by  notification  in  the 
Official  Gazette,  constitute  for  one  or  more  industries  a  Wage  Board  4[for  the 
State]. 

86-B.  Constitution  of  Wage  Board.-    The  Wage  Board  shall  consist  of  an 
equal  number  of  persons  nominated  by  the  3[State]  Government  to  represent 
employers  and  employees  and  such  number  of  independent  persons  as  the 
3[State]  Government  nominates.The  Chairman  shall  be  appointed  by  the  3[State] 
Government. 

Explanation.-For the purposes of this section a person shall be deemed to be 
an  independent person if he is unconnected with the industrial matter which may 
be referred to it under section 86C 5[or 86CC] and the industry directly affected by 
the industrial matter. 

86-C. Reference to Wage Boards.- (1) Notwithstanding anything contained in 
any other provision of this Act,  the 3[State] Government may, by an order notified 
in the Official Gazette, refer to a Wage Board for decision on any industrial matter 
or  industrial  dispute  regarding  items  numbered,  1,  2, 4,  9  and  10  in  Schedule  II, 
and such other industrial matters or disputes as may be prescribed. 

(2) The order of reference under sub-section (1) shall specify which employers 
and  employees  (including  representative  of  employees  if  any,  and  association  of 
employers, if any) shall be parties to the proceedings before the Wage Board. 

6[86-CC.  Reference  to  Wage  Board  by  certain  registered  unions.-
otwithstanding anything contained in any other provision of this Act, 7[an employer 
employer or] a registered union which is a representative of employees and which 
is also an approved union may refer any industrial dispute of the nature mentioned 
in  sub-  section  (1)  of  section  86C  other  than  a  dispute  in  respect  of  bonus,  to  a 
Wage Board for decisions: 

1  Ins. by Mah. 22 of 1965. 
2  Ins. by Bom. 43 of 1948. 
3  Subs. by the Adaptation of Laws Order, 1950. 
4  Subs. by Mah. 22 of 1965. 
5  Ins. by Bom. 63 of 1953 
6  Ins. by Bom. 63 of 1953. 
7  Ins. by Mah. 22 of 1965. 

 
                                                 
44 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

Provided  that  no  such  dispute  shall  be  referred  to  the  Wage  Board  by  the 

union,- 

(i)  after  two  months  from  the  date  of  the  completion  of  the  proceedings 

before the Conciliator; 

 1[(ii)  where  the  registered  union  or  the  employer,  as  the  case  may  be,  has 
offered  in  writing  before  the  Conciliator  to  submit  the  dispute  to 
arbitration  under  this  Act  and  the  employer  or  the  Union,  as  the  case 
may be, has not agreed to do so;] 

(iii)  unless the dispute is first submitted to the Conciliator and the conciliation 
proceedings are completed or  the Conciliator  certifies that the dispute is 
not capable of being settled by conciliation]. 

86-D.  Proceedings  not 

to  be  commenced  or  continued  before 
Conciliator,  Board,  etc.-Notwithstanding  anything  contained  in  any  other 
provision of this Act, where an industrial matter or industrial dispute is referred for 
decision  to  a  Wage  Board  under  section  86C,  2[or  86CC]  no  proceedings 
regarding  the  same  shall  be  commenced  before  a  Conciliator,  Board,  Labour 
Court  or  the  Industrial  Court  or  a  Court  of  Enquiry;  and  any  such  proceedings 
already commenced shall be forthwith stayed on the making of the reference. 

86-E.  Procedure  before  Wage  Boards.-  A  Wage  Board  shall,  in  respect  of 
an  industrial  matter  or industrial  dispute  referred to it  for  decision,  subject  to  any 
rules  of  procedure  which  may  be  prescribed,  follow  the  same  procedure  as  the 
Industrial Court in respect of arbitration proceedings before it. 

In particular the rules of procedure which may be prescribed in this behalf may 
provide for the formation of committees for local areas from amongst members of 
the Wage Board with co-option of such other persons from the local areas as the 
Wage  Board  would  for  the  purpose  of  any  reference  think  fit  to  appoint  to  the 
committees  and  the  exercise  by  each  such  committee  of  the  jurisdiction  and 
powers  vested  in  the  Wage  Board  in  respect  of  such  Industrial  matters  or 
industrial disputes as are referred by the Wage Board to the Committee. 

3[86-EE.  Coming  into  operation  of  decision  of  Wage  Board.-Save  as 
provided in section 86-F, a decision of the Wage Board shall come into operation 
on  the date specified in the decision and where no such date is specified therein 
on the date on which it is published in the prescribed manner.] 

86-F.    Procedure  to  give  effect  to  decision  of  Wage  Board  affecting 
4[State] Government.-(1) Where the decision of a Wage Board affects an industry 
industry con- ducted or carried on by a department of the 4[State] Government, the 
decision shall not be effective except in accordance with the procedure set out in 
sub-sections (2) and (3). 

(2)  The  Wage  Board  shall,  as  soon  as  practicable  on  the  conclusion  of  its 
proceedings,  submit  its  decision  to  the  4[State]  Government,  and  the  4[State] 
Government shall by order in writing declare the decision to be binding; 

Provided  that  where  in  the  opinion  of  the  4[State]  Government  it  would  be 
inexpedient  on  public  grounds  to  give  effect  to  the  whole  or  any  part  of  the 

1  Subs. by ibid. 
2  Ins. by Bom. 63 of 1953. 
3  Ins. by Bom. 74 of 1948. 
4  Subs. by the Adaptation of Laws Order, 1950. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        45 

decision  the  1[State]  Government  shall  on  the  first  available  opportunity  lay  the 
decision together with the statement of its reasons for not making a declaration as 
aforesaid  before  the  Legislative  Assembly  of  the  1[State]  and  shall,  as  soon  as 
may  be,  cause  to  be  moved  therein  a  resolution  for  the  consideration  of  the 
decision;  and  the  Legislative  Assembly  may  by  its  resolution  confirm,  modify  or 
reject the decision. 

(3) On the passing of a resolution under the proviso to sub- section (2), unless 
the decision is rejected thereby, the 1[State] Government shall, by order in writing, 
declare the decision as confirmed or modified by the resolution, as the case may 
be, to be binding. 

2[(4) A decision declared to be binding under sub-section (2) or (3) shall came 
into operation on such date as may be specified in the order of declaration made 
by the  1[State] Government] 

86-G.    Appeals.-  (1)  An  appeal  shall  lie  to  the  Industrial  Court  against  an 
order or decision of a Wage Board (including reviewed order or decision), save in 
cases  3[where  the  order  is  made  or  decision  is  given  by  the  Board  unanimously 
and in cases] referred to in section 86F. 

(2) Such appeal shall be made within six weeks from the date of the order of 

decision. 

86-H.  Parties  on  whom  order  or  decision  of  Wage  Board  is  binding.- 
Subject to the provisions of section 86F and 86G, an order or decision of a Wage 
Board shall be binding on -- 
    4[(a)  all parties to the industrial dispute;] 

(b)   all parties who were summoned to appear as parties to the proceeding 

whether they appeared or not; 

(c)   all the employers and employees in the concern or occupation or industry 
in the local area according as the order or reference under sub-section (1) 
of  section  86C  directs  irrespective  of  whether  they  were  such  employers 
or employees at the time of the making or giving of such order or decision, 
or whether they became such afterwards. 

86-I.  Review  of  order  or  decision  by  Wage  Board.-(1)  An  employer  or  an 
employee or an association or a group of employers or a registered union or body 
of employees may apply to a Wage Board for review of an order or decision of the 
Wage Board and the Wage Board may for any sufficient reason and upon hearing 
all the parties review the order or decision: 

Provided  that  no  such  application  shall  lie  until  a  period  of  one  year  has 
elapsed from the date  of  the making or giving of the order  or decision or the last 
review thereof, as the case may be: 

Provided further that no such application by an employer or an association or 
a  group  of  employers  shall  lie  unless  the  employer,  association  or  group,  as  the 
case may be, employs  not less than fifteen  per cent of the employees whom the 
order or decision binds: 

1 Subs. by the Adaptation of Laws Order, 1950. 
2  Added by Bom. 74 of 1948. 
3  Ins. by Mah. 36 of 1966. 
4  Subs. by Mah. 22 of 1965 

 
                                                 
46 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

Provided  also  that  no  such  application  by  an  employee  or  a  body  of 
employees,  shall  lie  unless  the  employee  or  body  of  employees  represents  not 
less than fifteen per cent of the employees whom the order or decision binds. 

(2)  Where  the  1[State]  Government  makes  an  application  in  this  behalf,  the 
Wage Board may at any time review its order or decision for any sufficient reason 
and upon hearing all the parties. 

86-J. Superintendence by Industrial Court.-The Industrial Court shall have 

superintendence over all Wage Boards and may- 

(a)  call for returns from such Boards; 
(b)  make  and  issue  general  rules,  and  lay  down  forms  for  regulating  the 
practice and procedure of such Boards in  matters not expressly provided 
for by or under this Act, and in particular, for securing expeditious disposal 
of cases; 

(c)  lay down the forms in which books, entries and accounts shall be kept by 

officers of Wage Boards; 

(d)  settle fees for processes issued by Wage Boards. 
86-K. Order or decision of Wage Boards not to be called in question.- (1) 
Save  as  otherwise  provided  by  this  Act,  no  order  or  decision  of  a  Wage  Board 
shall be called in question in any proceeding in any civil or criminal court. 

(2)  The  appellate  order  or  decision  of  the Industrial  Court under  section 86G 
shall  have  the  same  force  as  the  original  order  or  decision  of  the  Wage  Board 
which it replaces except that there shall be no further appeal against it. 

2[86-KK.  Transfer  of  certain  disputes  to  Wage  Boards.-The  1[State] 
Government  may,  on  the  recommendation  of  the  Industrial  Court,  by  an  order 
notified  in  the  Official  Gazette,  direct  that  any  industrial  matter,  or  industrial 
dispute  of  the  nature  mentioned  in  section  86C  which  has  been  referred  to  the 
Industrial Court under 3[sub-section 6) of section 58 or sections 66, 72, 73 or 73A] 
and  is  pending  before  it  at  any  time  shall  be  transferred  to  a  Wage  Board  for 
disposal or for further disposal from the stage reached before the Industrial Court 
and thereupon all the provisions of this Act shall apply to that dispute as if it were 
referred to the Wage Board for decision under section 86C]. 

CHAPTER XII B 
1[State] Wage Board 

86-L. 1[State] Wage Board.- (1) The 1[State] Government may by notification 
in  the  Official  Gazette,  constitute  for  all  the  industries  together  to  which  this  Act 
applies a 1[State] Wage Board  4[for the State.] 

(2) In relation to the 1[State] Wage Board the provisions of sections 33, 46, 47, 
86B to 86K (both inclusive), 87, 90, 97, 98, 115, 118, 119, 119A and 123 shall be 
read  as  if  the  reference  therein  to  a Wage  Board were  references  to  the  1[State] 
Wage Board. 

1  Subs. by the Adaptation of Laws Order, 1950. 
2  Ins. by Bom. 74 of 1948. 
3  Subs. by Bom. 55 of 1949. 
4  Subs. by Mah. 22 of 1965 

 
 
                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        47 

CHAPTER XIII 
Court of Industrial Arbitration 
87.  Duties of Industrial Court. -  It shall be the duty of the Industrial Court- 
(a) (i) to decide appeals under section 20 1[24A or 44] from orders passed by 

the Registrar; 
(ii)  to  decide  appeals  from  the  decision  of  the  Commissioner  of  Labour 
under  section  36  or  39  and  revision  applications  under  section  37 
regarding standing orders; 

2[(iii)  to decide disputes regarding  any change desired by  any employee 
or  representative  union  in respect  of  any  industrial  matter  specified in 
item (5) or Schedule III;] 

(iii) to decide disputes referred  to it under sub-section (6) of section 58; 
(iv) to decide all matters which may be  referred to it by a Conciliator or a 

Board under section 61 or by an arbitrator under section 69; 

(v)  to  decide  industrial  disputes  referred  to  it  in  accordance  with 
submissions  registered  under  section  66  which  provide  for  such 
reference to the Industrial Court; 

(vi)  to decide industrial disputes referred to it under sections 71, 72, 3[73 

or 73A]; 

(vii) to decide matters referred to it under section 90; 
(viii)  to  decide  questions  relating  to  the  interpretation  of  this  Act  or  rules 
made thereunder and standing orders referred to it under section 91; 

(ix)  to decide references made to it under section 99; 
4[(ix-a) to modify an award under section 116A] 
(x)  to decide such other matters as may be referred to it under this Act or 
the  rules  made  thereunder  5[or  under  any  law  for  the  time  being  in 
force]; 

(b)  to  decide  appeals  made  under  section  84    from  a  decision  of  a  Labour 

Court; 

6[(c) to decide appeals made under section 86G from an order or decision of 

a Wage Board.] 

88.    Powers  of  Industrial  Court.-(1)  The  Industrial  Court  in  appeal  may 
confirm, modify, add to or rescind any decision or order appealed against and may 
pass such orders therein as it may deem fit. 

(2) In respect of offences punishable under this Act, the Industrial Court shall 
have all the powers of the High Court of Judicature at Bombay under   7[the Code 
of Criminal Procedure, 1973]. 

(3)  A  copy  of  the  orders  passed  by  the  Industrial  Court  shall  be  sent  to  the 

Labour Court. 

1 Subs. by Mah. 22 of 1965. 
2  Ins. by ibid. 
3  Subs. by Bom. 74 of 1948. 
4  Ins. by ibid. 
5  Added by Mah. 3 of 1968. 
6  Ins by Bom 43 of  1948. 
7  Subs. by Mah. 47 of 1977. 

 
                                                 
48 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

89.    Cancellation  of  registration  of  union.-  If  in  any  proceeding  the 
Industrial  Court  finds  that  any  union  was  registered  by  reason  of  a  mistake 
misrepresentation or fraud, or that a registered union has contravened any of the 
provisions of this Act, the Industrial  Court  may direct that the registration of such 
union shall be cancelled. 

90.    Reference  on  point  of  law.-1[(1)  A  Wage  Board  may  refer  to  the 
Industrial Court any point of law arising in any proceedings before it under this Act.  
Any order or decision made or given by the Wage Board in such proceedings shall 
be in accordance with the decision of the Industrial Court.] 

2[(2)]  A  civil  or  criminal  court  may  refer  any  matter  or  any  issue  in  any  suit, 
criminal  prosecution  or  other  legal  proceeding  before  it  relating  to  an  industrial 
dispute to the Industrial Court for its decision.  Any order passed by such Court in 
such  suit,  prosecution  or  legal  proceeding  shall  be  in  accordance  with  such 
decision. 

3[(3)  The  4[State]  Government  may  refer  to  the  Industrial  Court  any  point  of 
law arising in any proceedings held under this Act.   The Industrial Court shall not 
decide  any  such  reference  save  in  open  Court  and  with  the  concurrence  of  a 
majority of the members of the Court present at the hearing of the reference. 

91.  Reference 

interpretation  of  Act  and  Rules.-The 
Commissioner  of  Labour  may  refer  any  question  relating  to  the  interpretation  of 
this Act or the rules made under this Act to the Industrial Court for its decision. 

regarding 

92.  Procedure before  Industrial Court.-(1) The Industrial Court shall make 
regulations  consistent  with  the  provisions  of  this  Act  and  rules  made  thereunder 
regulating its procedure. 

(2) In particular and without prejudice to the generality of the foregoing power, 
such  regulations  may  provide  for  the  formation  of  Benches  consisting  of  one  or 
more of its members and the exercise by each such Bench of the jurisdiction and 
powers vested in it: 

Provided that no Bench shall consist only of a member who has not been and 
at  the  time  of  his  appointment  was  not  eligible  for  appointment  as  a  Judge  of  a 
High Court. 

(3)  Every  regulation  made  under  sub-section  (1)  or  (2)  shall  be  published  in 

the Official Gazette. 

(4)  Every  proceeding  before  the  Industrial  Court  shall  be  deemed  to  be  a 
judicial proceeding within the meaning of sections  192, 193 and 228 (45 of 1860) 
of the Indian Penal Code. 

(5) The Industrial 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 services of any 

legal  adviser engaged by any party. 

93.  Execution of order as to costs.- An order made by the Industrial Court 
regarding the costs of a proceeding may be produced before the Court of the Civil 
Judge  within  the  local  limits  of  whose  jurisdiction  any  person  directed  by  such 

1  Ins. by Bom. 43 of 1948. 
2  Re-numbered by  Bom. 43 of 1948 
3  Re-numbered by ibid. 
4  Subs. by the Adaptation of Laws Order, 1950. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        49 

order  to  pay  any  sum  of  money  has  a  place  of  residence  or  business  or  where 
such place is within the local limit 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. 

94.    Parties  on  whom  orders  of  Industrial  Court  binding.-An  order, 

decision or award of the Industrial Court shall be binding on -- 
     1[(a) all parties to the industrial dispute;] 
       (b)  all  parties  who  were  summoned  to  appear  as  parties  to  the  dispute 
whether they appeared or not unless the Industrial Court is of opinion that 
they were improperly made parties; 

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

(d)  in the case of a registered union which is a party to the proceeding before 
such Court, all persons represented by the union at the date of the award, 
as well as thereafter. 

95.2[Order  of  Industrial  Court  to  be  final  except  on  review.-3[(1)  An 
employer  or  an  association  or  a  group  of  employers  or  4[a  representative  of 
employees]  may at any time apply  to the Industrial Court for review of a decision 
or  award  of  the  Industrial  Court  and  the  Industrial  Court  may,  for  any  sufficient 
reason and upon hearing the parties, review the decision or award.] 

5[(2)  No  order,  decision  or  award  of  the  Industrial  Court  shall  be  called  in 

question in any civil or criminal Court. 

6[95-A. Law declared by Industrial Court to be binding.-The  determination 
determination of any question of law in any order, decision, award or declaration 
passed  or  made,  by  the  Full  Bench  of  the  Industrial  Court,  constituted  under  the 
regulations  made  under  section  92  shall  be  recognised  as  binding  and  shall  be 
followed in all proceedings under this Act.] 

96.  Officer to appear in proceeding before Industrial Court.- The  7[State] 
Government  may  direct  any  officer  to  appear  in  any  proceeding  before  the 
Industrial  Court  by  giving  notice  to  such  Court  and  on  such  notice  being  given 
such officer shall be entitled to appear in such proceeding. 

CHAPTER XIV 
Illegal Strikes and Lock-outs 

97.    Illegal  strikes.-(1)  A  strike  shall  be  illegal  if  it  is  commenced  or 

continued- 

(a)  in cases where it relates to an industrial matter specified in Schedule III or 

regulated by any standing order for the time being in force; 

1  Subs. by Mah. 22 of 1965. 
2  Subs. by Bom. 43 of 1948. 
3  Ins. by Bom. 43 of 1948. 
4  Subs. by Mah. 22 of 1965. 
5  Re-numbered by Bom. 47 of 1958. 
6  Ins. by Bom. 74 of 1948. 
7  Subs. by the Adaptation of Laws Order, 1950. 

 
                                                 
50 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(b)  without giving notice in accordance with the provisions of section 42; 
(c)  only for the reason that the employer has not carried out the provisions of 

any standing order or has made an illegal change; 

(d)  in  case  where  notice  of  the  change  is  given  in  accordance  with  the 
provisions  of  section  42  and  where  no  agreement  in  regard  to  such 
change is arrived at before the statement of the case referred to in section 
54  is  received  by  the  Conciliator  for  the  industry  concerned  for  the  local 
area; 

(e)  in  cases  where  conciliation  proceeding in  regard to  the  industrial  dispute 
to  which  the  strike  relates  have  commenced,  before  the  completion  of 
such proceedings 1[and during the period of ten days thereafter]; 
in cases where special intimation has been  sent under sub-section (2) of 
section  52  to  the  Conciliator,  before  the  receipt  of  the  intimation  by  the 
person to whom it is to be given; 

(f) 

(g)  in  cases  where    a  submission  relating  to  such  dispute  or  such  type  of 
disputes is registered under section 66, before such submission is lawfully 
revoked; 

(h)  in cases where an industrial dispute has been referred to the arbitration of 
a Labour Court or the Industrial Court under sub-section (6) of section 58 
or  under  section  71,  or  of  the  Industrial  Court  under  section  72  2[73  or 
73A] before the date on which the arbitration proceedings are completed, 
or  the  date  on  which  the  award  of  the  Labour  or  Industrial  Court,  as  the 
case may be, comes into operation, whichever is later : 

3[Provided  that,  nothing  in  this  clause  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, and 

(a) the employer does not accept the offer, or 
(b)  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,  and  thereafter,  the  dispute  has  been  referred  to 
arbitration of the Industrial Court under section 73A.] 

 (i)  

In contravention of the terms of a registered agreement, or a settlement or 
4[effective award]; 

5[(j)   where  an  industrial  matter  or  industrial  dispute  is  referred  to  a  Wage  
Board  for  decision,  before  the  date  on  which  the  decision  comes  into 
operation; 

     (k)   in contravention of the terms of an effective decision of a Wage Board.] 

(2) In cases where a conciliation proceeding in regard to any industrial dispute 
has  been    completed,  a  strike  relating  to  such  dispute  shall  be  illegal  if  it  is 
commenced  at  any  time  after  the  expiry  of  two  months  after  the  completion  of 
such proceeding. 

1  Added by Bom. 63 of 1953. 
2  Subs. by ibid. 
3  Added by Mah. 22 of 1965. 
4  Subs. by Bom. 43 of 1948. 
5  Ins. by ibid. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        51 

(3)  Notwithstanding anything contained in sub-sections (1) and (2), if fourteen 
clear  days  notice  of  a  strike  not  falling  under  clauses  (a),  (g),  (h)  or  (i)  of  sub-
section (1) was given to the employer and the Labour Officer, and the strike was 
not commenced either before the expiry of the period of notice or after six weeks 
from the date of expiry, the  employees  who resume work  within forty-eight hours 
of  a  Labour  Court    or the  Industrial  Court  declaring  such  strike  to  be illegal  shall 
incur no penalty under this Act in respect of such strike: 

Provided  that  nothing  in  sub-section  (3)  shall  apply  to  any  strike  which  has 

within the period of notice been declared under section 99 to be illegal. 

1[97A.  Stoppage of work by employees in certain circumstances illegal.- 

A stoppage shall be illegal, if it is commenced or continued,- 

(a)  with the object of compelling the 2[Central or 3[State] Government] or any 
public  servant  to  take  or  abstain  from  taking  any  particular  course  of 
action  in  regard  to  an  industrial  matter,  where  the  4[Central  or  3[State] 
Government] is not an employer in the industry concerned, or  

(b)  if  such  stoppage  is  in  support  of,  or  in  sympathy  with,  a  strike  which  is 
illegal  under  this  Act  or  the  Industrial  Disputes  Act,  1947,  14  of  1947  or 
any  other  law  for  the  time  being  in  force,  whether  or  not  in  the  same 
industry, occupation or undertaking.] 

98.  Illegal  lock-outs.-(1)  A  lock-out  shall  be  illegal  if  it  is  commenced  or 

continued- 

(a)  in cases where it relates to any industrial matter specified in Schedule III 

or regulated by any standing order for the time being in force; 

(b)  without giving notice in accordance with the provisions of section 42; 
(c)  in  cases  where  notice  of  the  change  is  given  in  accordance  with  the 
provisions  of  section  42  and  where  no  agreement  in  regard  to  such 
change  is  arrived  at,  before  the  statement  of  the  case  referred  to  in 
section 54 is received by the Conciliator for the industry concerned for the 
local area; 

(d)  in cases where conciliation proceedings in respect of an industrial dispute 
to  which  a  lock-out  relates  have  commenced,  before  the  completion  of 
such proceedings 4[and during the period of ten days thereafter]; 

(e)  in cases where a special intimation has been sent under sub-section (2) of 
section  52  to  the  Conciliator,  before  the  receipt  of  the  intimation  by  the 
person to whom it is to be given; 
in  cases  where  a  submission  relating  to  such  dispute  or  such  type  of 
dispute is registered under section 66, before such submission is lawfully 
revoked; 

(f) 

(g)  in cases where an industrial dispute has been referred to the arbitration of 
a Labour Court or the Industrial Court under sub-section (6) of section 58 
or  under  section  71,  or  of  the  Industrial  Court  under  section  71  5[73  or 
73A], before the date on which the arbitration proceeding is completed or 

1  Ins. by Bom. 74 of 1948. 
2  Subs. by Bom. 55 of 1949. 
3  Subs. by Adaptation of Laws Order, 1950. 
4  Added by Bom. 63 of 1953. 
5  Subs. by Bom. 63 of 1953. 

 
                                                 
52 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

the date on which the award of the Industrial Court comes into operation, 
whichever is later: 

1[Provided  that,  nothing  in  this  clause  shall  apply  to  any  lock-out  when  the 
employer has offered in writing to submit the industrial dispute to arbitration under 
sub-section (b) of section 58, and 

(a) the Union does not accept the offer; or 
(b)  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, 

 and thereafter, the dispute has been referred to arbitration of the Industrial Court 
under section 73A;] 

 (h)  in contravention of the terms of a registered agreement, or a settlement or  

2[effective award]; 

3[(i)  where  an  industrial  matter  or  industrial  dispute  is  referred  to  a  Wage 
Board  for  decision  before,  the  date  on  which  the  decision  comes  into 
operation; 

(j)   in contravention of the terms of an effective decision of a Wage Board.] 
(2) In cases where a conciliation proceeding in regard to any industrial dispute 
has  been  completed,  a  lock-out  relating  to  such  dispute  shall  be  illegal  if  it  is 
commenced  at  any  time  after  the  expiry  of  two  months  from  the  completion  of 
such proceeding. 

(3) Notwithstanding anything contained in sub-sections (1) and (2), if fourteen 
clear days' notice of a lock-out not falling under clauses (a), (g), (h) or (i) of sub-
section  (1)  was  given  to  the  employees  and  the  Labour  Officer,  and  the lock-out 
was  not  commence  either  before  the  expiry  of  the  period  of  notice  of  after  six 
weeks from the date of its expiry and the employer discontinues the lock-out within 
forty-eight hours of a Labour Court or the Industrial Court declaring such lock-out 
to be illegal, the employer shall incur no penalty under this Act in respect of such 
lock-out: 

Provided that nothing in this sub-section shall apply to any lock-out which has 

within the period of notice been declared under section 99 to be illegal. 

4[98-A.  Closure  of  work  by  employer  in  certain  circumstances  illegal.-A 
closure  shall  be  illegal,  if  it  is  commenced  or  continued  with  the  object  of 
compelling the  5[Central  or  6[State]  Government]  or  any  public  servant  to  take  or 
abstain  from  taking  any  particular  course  of  action  in  regard  to  any  industrial 
matter.] 

99.    Reference  to  Industrial  Court  for  declaration whether  strike,  7[lock-
out,  closure or  stoppage]  is  illegal.-(1)  The    6[State]  Government  may  make  a 
reference  to  the  Industrial  Court for  a  declaration  whether  any  proposed  7[strike, 
lock-out, closure or stoppage will be illegal.] 

1  Added by Mah. 22 of 1965. 
2  Subs. by Bom. 43 of 1948. 
3  Ins. by ibid. 
4  Ins. by Bom. 74 of 1958. 
5  Subs. by Bom. 55 of 1949. 
6  Subs. by Adaptation of Laws Order, 1950. 
7  Subs. by Bom. 74 of 1948. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        53 

(2)  No declaration shall be made under this section save in open Court. 
1[(3)  The  declaration  made  under  sub-  section  (1)  shall  be  recognised  as 

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

CHAPTER XV 
Court of Enquiry 

100. Court of Enquiry; constitution, duties and powers of.- (1) The 2[State] 
Government  may  constitute  one  or  more  Courts  of  Enquiry  consisting  of  such 
number of persons as the 2[State] Government may think fit. 

(2)  A  Court  of  Enquiry  shall  inquire  into  such  industrial  matters,  as  may  be 
referred  to  it  by  the  2[State]  Government,  including  any  matter  pertaining  to 
conditions of work or relations between employers and employees in any industry, 
and aspect of any industrial dispute. 

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

3[(4)  A  Court  of  Enquiry  may  refer  to  the  Industrial  Court  any  point  of  law 
arising  in  any  proceeding  before  it  under  this  Act.  Any  finding  of  the  Court  of 
Enquiry  in  such  proceedings  shall  be  in  accordance  with  the  decision  of  the 
Industrial Court.] 

CHAPTER XVI 
Penalties 

101.  Employer  not  to  dismiss,  reduce  or  punish  an  employee.-(1)  No 
employer  shall  dismiss,  discharge  or  reduce  any  employee  or  punish  him  in  any 
other manner by reason of the circumstances that the employee,- 

(a)  is  an  officer  or  member  of  a  registered  union  or  a  union  which  has  

applied for being registered under this Act; or 

(b)  is  entitled  to  the  benefit  of  a  registered  agreement  or  a  settlement, 

submission or award; or 

(c)  evidence  or  intends  to  give  evidence  in  4[a  proceeding  under  this  Act  or 
any other law for the time being in force] 5[or takes part in any capacity in, 
or in connection with] a proceeding under this Act; or 

(d) is an officer or member of an organisation the object of which is to secure 

better industrial conditions; or 

(e) is an officer or member of an organisation which is not declared unlawful; 

or  

(f) is representative of employees; or 
(g) has gone on 6[or joined or instigated] a strike which has not been held by 
a Labour Court or the Industrial Court to be illegal under the provisions of 
this Act. 

1  Added by Bom. 74 of 1948. 
2 Subs. by Adaptation of Laws Order, 1950. 
3  Added by Mah. 22 of 1965. 
4  Ins. by Bom. 63 of 1953. 
5  Ins. by Bom. 74 of 1948. 
6  Subs. by Mah. 22 of 1965 

 
                                                 
54 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(2)    No  employer  shall  prevent  any  employee  from  returning  to  work  after  a 
strike, arising out of an industrial dispute 1* *  *  *  * which has not been held by a 
Labour Court or the Industrial Court to be illegal unless,- 

(i) 

the employer has offered to refer the issues on which the employee has 
struck  work  to  arbitration  under  this  Act,  and  the  employee  has  refused 
arbitration; or 

(ii)  the  employee  not  having  refused  arbitration,  has    failed  to  offer  to 
resume  work  within  one  month      of  a  declaration  by  the  2[State] 
Government that   the strike has ended.  

3[(2A) No employer shall dismiss, discharge or reduce any protected employee 

save with the express permission in writing of the Labour Court. 

Explanation.- For the purposes of this sub-section, a "protected employee" in 
relation  to  any  industry  means  any  employee  who  being  an  office-bearer  of  a 
union  connected  with  the  industry  is  recognised  as  such  in  accordance  with  the 
rules made under this Act. 

(2-B) In every industry in any local area, the number of officers of any union to 
be recognised as "protected employee" for the purposes of sub-section (2A) shall 
be  one  per cent of the total number of employees employed therein, subject to a 
minimum  number  of  five  protected  employees  and  a  maximum  number  of  one 
hundred  protected  employees;  and  for  the  aforesaid  purpose,  the  State 
Government  may  make  rules  providing  for  the  manner  in  which  the  employees 
may be chosen and recognised as protected employees.] 

(3)  Whoever contravenes the provisions of sub-section (1) 4[(2) or (2A)] shall, 

on conviction, be punishable with fine which may extend to Rs.5,000. 

(4)   The Court  trying  an offence under this  section may  direct that out of the 
fine  recovered,  such  amount  as  it  deems  fit  shall  be  paid  to  the  employee 
concerned as compensation. 

(5)    In  any  prosecution  under  this  section  the  burden  of  proving  that  the 
dismissal,  discharge,  reduction  or  punishment  of  an  employee  by  an  employer 
was not in contravention of the provisions of this section shall lie on the employer. 
102.  Penalty  for  declaring  illegal  lock-out  5[or  illegal  closure].-Any 
employer  who  has  commenced  a  lock-out  5[or  a  closure]  which  a    Labour  Court 
holds  or  the  Industrial  Court  has  declared  to  be  illegal  shall,  on  conviction,  be 
punishable with fine which  may extend to Rs.2.500 and, in the case  of the Lock- 
out 5[or the closure, as the case may be,] being continued after the lapse of forty-
eight hours after it has been held or declared to be illegal, with an  additional fine 
which  may  extend  to  Rs.5,000  for  every  day  during  which  such  lock-out,  5[or 
closure] continues after such conviction. 

103.  Penalty  for  declaring  or  commencing  illegal  strike  5[or  illegal 
stoppage].-Subject  to    the  provisions  of  sub-section  (3)  of  section  97,  any 
employee  who  has  gone  on  strike  5[or  stoppage]  or  who  joins  a  strike  5[or  a 
stoppage]  which  a  Labour  Court  holds  or  the Industrial  Court  has  declared to  be 

1  Deleted by Bom. 63 of 1953. 
2  Subs. by the Adaptation of Laws Order, 1950. 
3  Ins. by Mah. 22 of 1965. 
4 Subs. by Mah. 22 of 1965. 
5  Ins. by Bom. 74 of 1948. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        55 

illegal  shall,  on  conviction,  be  punishable  with  fine,  which  may  extend  to  Rs.10 
and in the case of his continuing on strike 1[or on stoppage, as the case may be,] 
after the lapse of forty-eight hours after it is held or declared to be illegal, with an 
additional  fine  which  may  extend  to  Re.1  per  day  for  every  day  during  which 
2[such strike or stoppage continues after such conviction] subject to a maximum of 
Rs.50. 

104.  Penalty  for investigating,  etc., illegal  strikes,  2[locks-outs,  closures 
and  stoppages].-  Any  person  who  instigates  or  incites  others  to  take  part  in,  or 
otherwise acts in furtherance of a lock-out  1[or a closure] for which an employer is 
punishable under section 102 or a strike 1[or a stoppage] for which any employee 
is  punishable  under  section  103,  shall  on  conviction  be  punishable  with 
imprisonment  of  either  description for  a term which  may  extend  to  three  months, 
or with fine or with both: 

Provided that no person shall be punished under this section where the Court 
trying the offence is of opinion that in the circumstances of the case a reasonable 
doubt existed at the time of the commission of the offence about the legality of the 
2[strike, lock-out, closure or stoppage], as the case may be. 

Explanation  I.-  For  the  purpose  of  this  section,  a  person  who  contributes, 
collects or solicits funds for the purposes of any such 1[strike, lock-out, closure or 
stoppage] shall be deemed to act in furtherance thereof. 

Explanation  II.-  A  person  shall  be  deemed  to  have  committed  an  offence 
under  this  section  if  before  an  illegal  2[strike,  lock-out,  closure  or  stoppage]  has 
commenced, he has instigated or incited others to take part in, or otherwise acted 
in furtherance of such 1[strike, lock-out,  closure or stoppage]. 

105.  Penalty  for  disclosing  confidential  information.-If  a  Conciliator,  a 
member of a Board or a Labour Officer or any person present at or concerned in 
any  conciliation  proceeding  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  punishable,  with  fine  which  may  extend  to 
Rs.1,000. 

106.  Penalty  for  illegal  change.-  (1)  Any  employer  3[who  makes  a  change 
which is held or declared by a Labour Court or Industrial Court to be illegal,] shall, 
on conviction, be punishable with fine which may extend to Rs.5,000. 

(2)    Any  employer  who  contravenes  the  provisions  of  section  47  shall,  on 
conviction,  be  punishable  with  imprisonment  which  may  extend  to  three  months, 
or for every day on which the contravention continues with fine which may extend 
to Rs.5,000, or with both. 

(3)  The  Court  convicting  any  person  under  sub-section  (1)  or  (2)  may  direct 
such  person  to  pay  such  compensation  as  it  may  determine  to  any  employee 
directly and adversely affected by the change in issue. 

4[106-A. Penalty for failure to appoint members on Joint Committee.-Any 
employer who fails to appoint members of a Joint Committee to be constituted on 

1 Ins. by Bom. 74 of 1948. 
2  Subs. by Bom. 74 of 1948. 
3  Subs. by Mah. 22 of 1965. 
4  Ins. by Bom. 43 of 1948 

 
                                                 
56 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

an  application  made  by  the  union  within  the  period  specified  in  the  order  made 
under  sub-section  (1)  of  section  49  shall,  on  conviction,  be  punishable  with  fine 
which  may  extend  to  fifty  rupees  and  in  the  case  of  a  continuing  failure  with  an 
additional  fine  which  may  extend  to  fifty  rupees  for  every  day  during  which  such 
failure continues.] 

107.    Penalty  for  contravention  of  a  standing  order.-  Any  employer  who 
Acts in contravention of 1[a model standing order applicable under section 35  2[or 
section  40-A]  or]  a  standing  order  settled  under  Chapter  VII  shall,  on  conviction, 
be  punishable  with  fine  which  may  extend  to  Rs.  500  and  in  the  case  of  a 
continuing  contravention  of  such  standing  order,  with  an  additional  fine  which 
extend  to  Rs.125  per  day  for  every  day  during  which  such  contravention 
continues. 

108. Penalty for obstructing person from carrying out duties.- Any person 
who wilfully refuses entry to a Labour Officer or such officer of an approved union 
as is authorised under section 25 to any place which he is entitled to enter, or fails 
to produce any  document which he is required to produce, or fails to comply with 
any requisition or order issued to him by or under the provisions of this Act or the 
rules  made  thereunder  shall,  on  conviction,  be  punishable  with  fine  which  may 
extend to Rs.500. 

109.    Penalties  for  offences  not  provided  for  elsewhere.-Whoever 
contravenes any of the provisions of this Act or of any rules made thereunder shall 
on  conviction,  if  no  other  penalty  is  elsewhere  provided  by  or  under  this  Act  for 
such  contravention,  be  punishable  with fine  which  may  extend  to  Rs.100  and,  in 
the  event  of  such  person  having  been  previously  convicted  of  an  offence  under 
this Act or any rule made thereunder with fine which may extend to Rs.200. 

110.  Recovery  of  fines  and  compensation.-  The  amount  of  any  fine 
imposed  and  any  compensation  directed  by  any  Court  to  be  paid  under  this  Act 
shall be recoverable as arrears of land revenue. 

CHAPTER XVII 
Record of Industrial Conditions 

111.  Record  of  industrial  matters,  etc.-  The  3[State]  Government  may  in 

respect of  any industry. - 

(a)  maintain in  the  prescribed  manner  a  record  of industrial  matters  covered 

by Schedules; 

(b)  require  any  employer  or  employers  generally  to  maintain  and  submit 

copies of a record in such form as may be prescribed of- 
(i) data relating to plant, premises and manufacture, 
(ii) other industrial transactions and dealings, 

which  in  the  opinion  of  the  3[State]  Government  are  likely  to  affect  the  matters 
specified in clause (a). 

112.  Inquiry for verification of records.- (1) For the purpose of verifying the 
accuracy  of  any  records  maintained  by  an  employer  under  the  provisions  of 
section 111, an officer authorised by the 3[State] Government may, subject to the 

1  Ins. by Mah. 22 of 1965. 
2  Ins. by Mah. 47 of 1977. 
3  Subs. by the Adaptation of Laws Order, 1950. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        57 

prescribed  conditions  hold  an  inquiry  and  may  require  any  person  to,  and  such 
person  thereupon  shall,  produce  any  relevant  record  or  document  in  his 
possession  and  may  after  reasonable  notice,  at  any  reasonable  time  enter  any 
premises  wherein  he  believes  such  record  or  document  to  be,  and  may  ask  any 
question necessary for verifying such records: 

Provided that where such premises are not the usual business premises of a 

person, such officer shall not without the previous permission of the 1[State] 
Government enter them under this sub- section. 

(2)    Any  proceeding  held  by  him  for  the  purpose  of  obtaining information for 
such  record  shall  be  deemed  to  be  a  judicial  proceeding  within  the  meaning  of 
section 192 of the Indian Penal Code. 

CHAPTER XVIII 
Miscellaneous 

113.  Modifications 

in  Schedules.-The  1[State]  Government  may,  by 
notification in the Official Gazette at any time, make any additions to or alterations 
in  the  industrial  matters  specified  in  Schedule  I,  II  or III  or  may  delete  therefrom 
any such matter:  

Provided that before making any such addition, alteration or deletion a draft of 
such  addition,  alteration  or  deletion  shall  be  published  for  the  information  of  all 
persons  likely  to  be  affected  thereby  and  the  1[State] Government  shall  consider 
any  objection  or  suggestion  that  may  be  received  by  it  from  any  person  with 
respect thereto. 

2[113-A.  Dismissal  of  certain  applications  for  want  to  prosecution.-The 
Registrar may, after giving fifteen days notice, dismiss any application made under 
sections  13,  16,  17  or  23,  if  he  is  satisfied  that  the  applicant  union  has  failed  to 
pursue or prosecute the application, without any sufficient cause.] 

114.  Agreement  etc.,  on  whom  binding.-(1)  A  registered  agreement,  or  a 
settlement, submission or award shall be binding upon all persons who are parties 
thereto: 

Provided that- 
(a)  in the case of an employer, who is a party to such agreement, settlement, 
submission  or  award,  his  successors  in  interest,  heirs  or  assigns  in 
respect  of  the  undertaking  as  regards  which  the  agreement,  settlement, 
submission or award is made, and 

(b)  in  the  case  of  a  registered  union  which  is  a  party  to  such  agreement, 
settlement,  submission  or  award,  3[all  employees  in  the  industry  in  the 
local area whose representive, the said union is] 

shall be bound by such agreement, settlement, submission or award. 

(2)    In  cases  in  which  a  Representative  Union  is  a  party  to  registered 
agreement  or  a  settlement,  submission  or  award,  the  1[State]  Government  may, 
after giving the parties affected an opportunity of being heard, by notification in the       
Official  Gazette,  direct  that  such  agreement,  settlement,  submission  on  award 

1 Subs. by the Adaptation of Laws Order, 1950. 
2  Ins. by Bom. 63 of 1953. 
3  Subs. by Bom. 49 of 1955. 

 
                                                 
58 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

shall  be  binding  upon  such  other  employers  and  employees  in  such  industry  or 
occupation in that local area as may be specified in the notification: 

Provided  that  before  giving  a  direction  under  this  section  the  1[State] 
Government  may, in  such cases as it deems fit, make reference to the Industrial 
Court for its opinion. 

(3) A registered agreement entered into the representatives of the majority of 
the  employees  affected  or  deemed  to  be  affected  under  section  43  by  a  change 
shall bind all the employees so affected or deemed to be affected. 

115.  Order  or  decision  of  2[Wage  Board  or  Labour  Court]  on  whom 
binding.-  An  order  or  decision  of  a  3[Wage  Board  or  Labour  Court]  against  an 
employer shall bind his successors in interest, heirs and assigns in respect of the 
undertaking  as  regards  which  it  is  made  or  given  and  such  order  or  decision 
against  a  registered  union  shall  bind  4[all  employees  in  the  industry  in  the  local 
area whose representive, the said union is]. 

5[115A. Order, decisions or awards to be in terms of agreement between 
employer and Representative Union.-If any agreement is arrived at between an 
employer  and  a  Representative  Union  who  are  parties  to  any  industrial  dispute 
pending  before  an  Arbitrator,  Wage  Board,  Labour  Court  or  Industrial  Court,  the 
order,  decision  or  award  in  such  proceeding  shall  be  made  in  terms  of  such 
agreement, unless the Arbitrator, Wage Board, Labour Court or Industrial Court is 
satisfied  that the  agreement was  in contravention  of  any  of  the  provisions  of  this 
Act or the consent of either party to it was caused by mistake, misrepresentation, 
fraud, undue influence, coercion or threat.] 

116.  Agreement,  etc.,  when  to  cease  to  have  effect.-(1)  A  registered 
agreement,  or  a  settlement  or  award  shall  cease  to  have  effect  on  the  date 
specified therein, or if no such date is specified therein on the expiry of the period 
of  two  months  from  the  date  on  which  notice  in  writing  to  terminate  such 
agreement,  settlement  or  award,  as  the  case  may  be,  is  given  in  the  prescribed 
manner by any of the parties thereto to the other party: 

Provided that no such notice shall be given till the expiry of three months after 

the agreement, settlement or award comes into operation. 

(2)  Nothing in this section shall prevent the terms of a registered agreement 
or  a  settlement  6[or  an  award  in  terms  of  an  agreement]  being  changed  or 
modified  by  mutual  consent  of  the  parties  affected  thereby  7[and  the  registered 
agreement,  settlement  or  award  shall  be  deemed  to  be  changed  or  modified 
accordingly.] 

(3)    Notwithstanding  anything  contained  in  sub-section  (1)  or  (2),  if  a 
registered  agreement,  or  a  settlement,  or  award  provides  that  it  shall  remain  in 
force for a period exceeding one year, it may after the expiry of one year from the 
date  of  its  commencement  be  terminated  by  either  party  thereto  giving  two 
months' notice in the prescribed manner to the other party. 

1 Subs. by the Adaptation of Laws Order, 1950. 
2  Subs. by Bom. 43 of 1948. 
3  Subs. by Bom. 43 of 1948. 
4  Subs. by Bom. 49 of 1955. 
5  Ins. by Bom. 55 of 1949. 
6  Ins. by Bom. 55 of 1949. 
7  Added by ibid. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        59 

(4)  The party giving notice under sub-section (1) or (3) shall send a copy of it 

to the Registrar and the Labour Office of the local area  concerned. 

(5)    If  a  registered  agreement,  or  a  settlement  or  award  is  terminated  under 
sub-section (1) or (3) or if the terms of a registered agreement or a settlement 1[or 
an award] are changed or modified by mutual consent, notice of such termination, 
change  or  modification  shall  be  given  by  the  parties  concerned  to  the  Registrar 
and  the  Labour  Officer.  The  Registrar  shall  enter  the  notice  of  such  termination, 
change or modification in a register kept for the purpose. 

Explanation.- For the  purpose of this section, parties who shall be competent 
to terminate a registered agreement, or  a  settlement or award, or to change  or to 
modify  the  terms  of  a  registered  agreement  or  a  settlement  1[or  an  award]  and 
who  shall  give  notice  of    such  termination,  change  or    modification    under  sub-
section (5) shall be the employer who has signed the agreement or  settlement or 
who is a party to the award or the heirs, successors or assigns of such employer 
in respect of the undertaking concerned and the representative of the employees 
affected by the agreement, settlement or award. 

2[116-A.    Modification  of  award.-(1)  Any  party  who  under  the  provisions  of 
section 116 is entitled to give notice of the termination of an award may instead of 
giving such notice, apply after the expiry of the period specified in sub-section (2), 
to the Industrial Court, the Labour Court or the Wage Board making the award, for 
its modification. 

(2)  Such application in the case of an award- 
(a) which does not specify a date on which it shall  cease to have effect shall 
not be made until the  expiry of the period of two months from the date  on 
which notice can be given to terminate the  award under section 116; 

(b)  which  provides  that  it  shall  remain  in  force  for  a  period  exceeding  one 
year,  shall  not  be  made  until  the  expiry  of  one  year  from  the  date  of  its 
commencement. 

(3) On such  application being made, the Industrial Court, the Labour Court or 
the  Wage  Board,  as  the  case  may  be,  may,  after  hearing  the  parties  and  taking 
such  evidence  as  it  thinks  fit,  modify,  the  award  3[whether  prospectively  or 
retrospectively,  so  however  that  the  modification  with retrospective  effect,  if  any, 
does not operate earlier than the date of a application under sub-section (1).] 

(4)  Where  an  application  for  the  modification  of  an  award  under  sub-section 
(1) is made, such application shall not in any way affect the binding effect of such 
award in regard to the matters determined therein until it is modified. 

(5) Nothing in this section shall affect the right of any party  to  terminate such 

award in accordance with the provisions of section 116.] 

117.  Liability of the executive of a 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. 

1  Added by . Bom. 55 of 1949.  
2  Ins. by Bom. 74 of 1948. 
3  Added by Mah. 22 of 1965. 

 
                                                 
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THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

Explanation.-For the purposes of this section, the executive of a union means 
the body  by whatever name called to which the management of the affairs of the 
union is entrusted. 

118. Powers of certain authorities to summon witnesses, etc.-(1) For the 
purpose  of  holding  an  inquiry  or  proceeding  under  this  Act,  the  Registrar,  a 
Conciliator  1[a  Wage  Board],  Board,  Labour  Court  in  its  ordinary  jurisdiction,  a 
Court  of  Enquiry  and  the  Industrial  Court  shall  have  the  same  powers  as  are 
vested in Courts in respect of- 

(a) proof of facts by affidavits; 
(b)  summoning  and  enforcing  the  attendance  of  any    person  and  examining 

him on oath; 

(c) compelling the production of documents; and 
(d) issuing commissions for the examinations of witnesses. 
(2)  The  Registrar,  a  Conciliator,  2[a  Wage  Board]  or  Board  shall  also  have 

such further powers as may be prescribed. 

(3)  For the  purpose  of  obtaining  the information  necessary  for  compiling  and 
maintaining  the  record  under  Chapter  XVII  the  officer  authorised  under  section 
112 shall have the powers specified in clauses (b) and (c) of sub-section (1) and in 
sub- section (2). 

3[(4)  A Wage Board, a Labour Court and the Industrial Court shall also have 
powers to call upon any of the parties to proceedings before it to furnish in writing 
and in such form as it may think proper any information which it considers relevant 
for the  purposes  of  any  proceedings  before  it  and  the  party  so  called  upon  shall 
thereupon furnish the information to the best of his knowledge and belief, and if so 
required  by  the  Board  or  the  Court  to  do  so,  verify  the  same  in  such  manner  as 
may be prescribed.] 

4[118-A.    Offences  under  sec.  104  cognizable.-  The  offence  under  section 

104 shall be cognizable]. 

5[118-B.  Consequences  of  non-appearance  of  parties.-  (1)  Where  in  any 
proceeding before the Industrial Court, or a Labour 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 date or proceed ex-parte and make such award, order or decision as 
it thinks fit. 

6[(1A)  Where  in  any  proceeding,  before  the  Industrial  Court,  or  a  Labour 
Court,  if  neither  party,  in  spite  of  notice  of  hearing  having  been  duly  served  on 
him,  appears  when  the  matter  is  called  on  for  hearing,  the  Court  may  make  an 
order that the application, appeal, reference or other proceeding be dismissed.] 

(2)  Where  any  award,  order  or  decision  is  made  ex-parte  under  sub-section 
(1) 7[or an order of dismissal of any proceedings is made under sub-section (1-A),] 

1  Ins. by Bom.43 of 1948. 
2  Added by Mah. 47 of 1977. 
3  Added by Bom. 63 of 1953. 
4  Added by Bom. 63 of 1953. 
5  Ins. by Mah. 22 of 1965. 
6  Added by Mah. 47 of 1977.  
7  Added by  ibid. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        61 

A),]  the  aggrieved  party  may,  within  thirty  days  of  the  receipt  of  a  copy  thereof, 
make an  application  to  the Court, to set aside  such award, order or decision  1[or 
such  order  of  dismissal].  If  the  Industrial  Court  or  Labour  Court  is  satisfied  that 
there  was  sufficient  cause for  non-appearance  of the aggrieved  party,  it  may  set 
aside the award,  order or decision  2[or the order of dismissal] so made and  shall 
appoint a date for proceeding with the matter: 

Provided  that,  no  award,  order  or  decision  3[or  the  order  of  dismissal  as  the 
case  may  be,]  shall  be  set  aside  on  any  such  application  as  aforesaid  unless 
notice thereof has been served on the opposite party.] 

119.  Certain  officers  to  be  public  servants.-The  Registrar,  an  Assistant 
Registrar, a Conciliator, a Labour Officer, an Assistant Labour Officer, an arbitrator 
4[a member of a Wage Board], a member of a Board, an officer authorised under 
section    112,  a    Judge  of  a  Labour  Court,  a  member  of the  Industrial  Court  or  a 
Court  of  Enquiry  and  a  member  of  the  staff  of  any  of  the  said  Courts  shall  be 
deemed to be public servants within the meaning of section 21 of the Indian Penal 
Code. 

5[119-A.  Contempt  of  Industrial  Court,  Labour  Courts  and  Wage  Board 

relating to omission to produce documents. etc.-(1) If any person,- 

(a) when ordered by the Industrial Court or a Labour  Court or a Wage Board 
to  produce  or  deliver  up  any  document,  6[or  to  furnish  any  information,]  
being legally bound intentionally omits to do so; or 

(b) when required by the Industrial Court or a Labour Court or a Wage Board 
to bind himself by an oath or affirmation to state the truth refuses to do so; 
(c) being legally bound to state the truth on any subject to the Industrial Court 
or  a  Labour  Court  or  a  Wage  Board  refuses  to  answer  any  question 
demanded of him touching such subject by such Court or Board; or 

(d) in tentionally offers  any insult or causes any interruption  to  the Industrial 
Court  or  a  Labour  Court  or  a  Wage  Board  at  any  stage  of  its  judicial 
proceedings, he shall, on conviction be punishable with imprsonment for a 
term which may extend to six months or with fine which may extend to one 
thousand rupees or with both. 

(2) If any person refuses to sign any statement made by him when required to 
do  so  by  the  Industrial  Court  or  a  Labour  Court  or  a  Wage  Board,  he  shall,  on 
conviction, be punishable with imprisonment for a term which may extent to three 
months or with fine which may extent to five hundred rupees or with both. 

(3)  If    any  offence  under  sub-section  (1)  or  (2)  is  committed  in  the  view  or 
presence of the Industrial Court or a Labour Court  or a Wage Board, as the case 
may be, such Court or Wage Board may, after recording the facts constituting the 
offence  and  the  statement  of  the  accused  as  provided  in  7[the  Code  of  Criminal 
Procedure,  1973,]  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 

1  Ins. by Mah.47 of 1977.  
2  These words were inserted by ibid, s.11(2)(c).  
3 These words were inserted by ibid, s.11(2)(d). 
4  Added by Bom. 63 of 1953. 
5  Ins. by Bom. 43 of 1948. 
6  Ins. by Bom. 63 of 1953. 
7  Subs. by Mah. 47 of 1977. 

 
                                                 
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THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

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. 

119-B. Other kinds of contempts of Industrial Court, Labour Courts and 
Wage Boards.-(1) If any person commits any act or publishes any writing which is 
calculated  to  improperly  influence  the  Industrial  Court,  or  a  Labour  Court  or  a 
Wage Board or to bring such Court, Board or, a member or a Judge thereof into 
disrepute or contempt or to lower its or his authority, or to interfere with the lawful 
process of any such Court or Board, such person shall be deemed to be quilty of 
contempt of such Court or Board, as the case may be. 

(2) In the case of contempt of itself the Industrial  Court  shall  record  the facts 

constituting such contempt and make a report in that behalf to the High Court. 

(3) In the case of contempt of a Wage Board or a Labour Court, such Board or 
Court shall record the facts 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. 

(4) When any intimation or report in respect of any contempt is received by the 
High  Court  under  sub-section  (2)  or  (3),  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.] 

1[119-C. Power of Industrial Court. etc., to decide all connected matters.-
Notwithstanding  anything  contained  in  this  Act,  the  Industrial  Court,  a  Labour 
Court, or a Wage Board, as the case may be, shall have the  power to decide all 
matters  arising  out  of  the  industrial  matter  or  dispute  referred  to  it  for  decision 
under any of the provisions of this Act.] 

119-D.  Power  of  Industrial  Court,  etc.,  to  pass  interim  orders.-If  any 
proceeding  before  it  under  this  Act,  the  Industrial  Court,  a  Labour  Court,  or  a 
Wage Board may pass such interim orders as it may consider just and proper.] 

119-E.  Protection  of  action  taken  under  this  Act.-No  suit,  prosecution  or 
other  legal  proceeding  shall lie  against  any  person  for  anything  which is  in  good 
faith done or purported to be done under this Act.] 

120.  Provisions  of  Act  VII  of  1929  not  to  be  affected.-Nothing  in  this  Act 
shall  affect  any  of  the  provisions  of  the  Trade  Disputes  Act,  1929,  and  no 
conciliation  or  arbitration  proceeding  shall  be  held  under  this  Act  relating  to  any 
matter or trade dispute which has been referred to and is pending before a Court 
of Enquiry or Board of Conciliation under the said Act. 

2[121. Repeal of Bom. IX  of 1934.-The Bombay  Trade Disputes Conciliation 

Act, 1934, is hereby repealed.] 

122.  Repeal  of  Bom.  XXV  of  1938.-The  Bombay  Industrial  Disputes  Act, 

1938, is hereby repealed: 

Provided that- 

1  Ins. by Bom. 63 of 1953. 
2  Subs. by Mah. 22 of 1965. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        63 

(a)  every  appointment,  order,  rule,  regulation,  notification  or  notice  made, 
issued or given under the provisions of the Act so repealed shall in so far 
as it is not inconsistent with the provisions of this Act, be deemed to have 
been  made  or  issued  under  the  provisions  of  this  Act,  unless  and  until 
superseded  by  any  appointment,  order,  rule,  regulation,  notification  or 
notice made, issued or given under this Act; 

(b)  any  standing  order  settled,  agreement  registered,  changes  which  have 
come  into  operation,  settlements  recorded  or  registered,  submissions 
registered,  awards  made  or  orders  passed  by  the  Industrial  Court,  under 
the  provisions  of  the  Act  so  repealed  shall  be  deemed  to  have  been 
settled,  registered,  to  have  come  into  operation,  to  have  been  recorded, 
made  or  passed  by  the  appropriate  authority  under  the  corresponding 
provisions of this Act; 

(c)  any  right,  privilege,  obligation  or  liability  acquired,  accrued  or  incurred 
under  the  Act  so  repealed  shall  not  be  affected  and  any  investigation, 
legal  proceeding  or  remedy  in  respect  of  any  such  right,  privilege, 
obligation  or  liability  shall,  so  far  as  it  is  not  inconsistent  with  the 
provisions of this Act, be made, instituted and availed of as if the said Act 
had not been repealed and continues in operation; 

(d)  any  proceedings  pending  before  the  Industrial  Court,  conciliation 
proceedings,  or  any  proceedings  relating  to  the  trial  of  offences 
punishable under the provisions of the Act so repealed shall be continued 
and completed as if the said Act had not been repealed and continues in 
operation;  and  any  penalty  imposed  in  such  proceedings  shall  be 
recorded under the Act so repealed; 

to  appear  or  act  as 

(e)  a  Registered  Union  or  a  Representative  Union  or  a  Qualified  Union  or 
the 
other  representatives  elected,  entitled 
repealed  shall, 
representatives  of  employees  under 
notwithstanding  the  repeal  of  the  said  Act,  continue  to  act  as  the 
representatives  of  employees  in  any  proceedings  under  this  Act  for  a 
period of three months from the date on which this Act comes into force. 
1[122A. Delegation of powers.-The State Government may, by notification in 
the Official Gazette, direct that any power exercisable by it under this Act or rules 
made thereunder shall, in relation  to such matters and subject to such conditions, 
if any, as may be specified in the direction, be exercisable also by such officer or 
authority subordinate to it as may be specified in the notification.] 

the  Act  so 

123.  Rules.-(1)  The  2[State]  Government  may  by  notification  in  the  Official 

Gazette make rules to carry out the purposes of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing 

provision such rules may be made for all or any of the following matters, namely:- 
(a) the authority to be prescribed under sub-clause (c) of clause (14) of 

section 3; 

(b)  the  manner  in  which  the  panels  representing  the  interests  of  employers 
and employees shall be constituted and the manner in which vacancies in 
the Board of Conciliation shall be filled up under section 7; 

1  Ins. by Mah. 22 of 1965. 
2  Subs. by the Adaptation of Laws Order, 1950. 

 
                                                 
64 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(c) the qualifications for being eligible to be appointed to preside over Labour 

Courts under section 9; 

(d)  the  form  in  which  the  registers  of  unions  and  the  approved  list  shall  be 

maintained under section 12; 

(e) the form of application under sub-sections (1), (2) and (3) of section 13; 
(f) the fee to be paid, and the form of certificate of registration to be issued 

under section 14; 

(g)  the  fee  to  be  paid  under  sub-section  (1)  1[the  form  of  certificate  of 
registration  under  sub-section  (3)],  and  the  manner  of  publication  under 
sub-section (4) of section 16; 

(h) the fee to be paid under sub-section (1) of section 17; 
(i)  the  dates  on  which  and  the  manner  in  which  returns  shall  be  submitted 

under section 19; 

(j) the manner of publication of orders under section 21; 
(k) the manner of registration of a union for more local areas than one under 

section 22; 

(l) the form of application under section 23; 
(m)  the  officers  2[members  of  the  office  staff  3[and  members  of  approved 
unions]  to  be  authorised  under  section  25  and  the  manner  in  which  and 
the  conditions  subject  to  which  the  rights  under  the  section  shall  be 
exercised; 

(n) the fees to be prescribed under sub-section (6) of section 26;  
4[(na)  the  procedure  to  be  followed  by  the  Registrar  for  ascertaining 

membership of unions for the purposes of Chapter III 5[IV and V]; 

(nb)  the  manner  of  submitting  objections  to  such  membership  and  the 
amount  of  deposit  which  the  Registrar  may  require  to  be  made  before 
entering upon the inquiry;  

(nc)  the  fine  which  may  be  imposed  by  the  Registrar  for  any  frivolous  or 

vexatious objections to membership; 

(o) the authority to be prescribed under clause (b) of sub- section (2), and the 
manner of determining the representative of employers under sub-section 
(3), of section 27; 

(p)  the  manner in which  the  persons  shall  be  elected under  sub-section  (1), 
recalled  under  sub-section  (4),  the  period  for  which  and  the  manner  in 
which  they  shall  function  and  the  manner  in  which  vacancies  shall  filled 
under sub-section (5), of section 25; 

(q) the manner of authorising a Qualified or Primary Union under clause  (iii) 
of,  the  manner  of  accepting  the  terms  of  an  agreement  or  settlement 
under  proviso  Secondly  and  the  number  or  representatives  and  the 
manner of their election under proviso Thirdly to, section 30; 

1  Ins. by Mah. 22 of 1965 
2  Ins. by Bom. 63 of 1953. 
3 Ins. by Bom. 43 of 1948. 
4  Ins. by Bom.49 of 1955. 
5  Ins. by Mah. 22 of 1965. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        65 

(r)  the  conditions  subject  to  which  the  powers  of  entry  and  the  inspection 

shall be exercised under sub-section (2) of section 34; 

(s) the manner of submission of draft standing orders under sub  section (1), 
and  the  manner  of  consulting the  representative  of  employees  and  other 
interests under sub-section (2), of section 35; 

(t)  the  form  of  notice  and  the  other  persons  to  be  prescribed  under  sub-
sections  (1)  and  (2)  and  the  manner  of  approach  and  the  period  to  be 
prescribed under the proviso to sub-section (4) of section 42; 

(u) the other persons to be prescribed under sub-section (5) of section 43; 
(v)  the  manner  of  forwarding  the  memorandum  of  agreement  under  sub-

section (1) of section 44; 

(w) 1[the number of members of a Joint Committee, the manner of nomination 
of members by the union and the manner of giving copies of orders under 
sub-section  (1), and] the appointment of the chairman and the manner in 
which he shall perform his duties under sub-section (2), of section 49; 
(x)  the  manner  of  conducting  the  proceedings  of  a  Joint  Committee  under 

sub-section (2) of section 50; 

(y)  the  manner  in  which  the  memorandum  of  agreement  shall  be  forwarded 
under  sub-section  (1),  the  form  in  which  a  special  intimation  shall  be 
forwarded  under  sub-section  (2),  and  the  other  persons  to  be  prescribed 
under sub-section (4), of section 52; 

(z) the form in which the statement  shall be forwarded under sub-section (1) 

of section 54; 

            (aa) the manner of holding conciliation proceedings under sub-section (1) 

of section 56; 

            (ab) the form in which the memorandum of settlement shall be drawn up, 

and the manner of its publication under sub-section (1) of section 58; 

             (ac) the manner of giving notice under sub-section (2) of section 59; 
             (ad)  the  procedure  to  be  followed  by  a  Conciliator  or  Board  under  sub-

section (1) of section 60; 

            (ae) the  manner  of  publication  of  a  submission  under  sub-  section  (3)  of 

section 66; 

            (af)    the  modifications  to  be  prescribed  under  sub-section  (2),  and  the 
manner  of  making  the  employers  parties  to  arbitration  under  sub-
section (3) of section 72; 

             (ag)  the manner of publication under sub-section (2) of section 74; 
             (ah)    the  form  and  manner  in  which  an  application  shall  be  made  under 

sub-section (2) of section 79;  

            2[(aha)  the other  industrial  matters and disputes under  sub-  section (1) of 

section 86C; 

            (ahb) the rules of procedure to be followed by a Wage Board under section 

86E;] 

1  Subs. by Mah. 43 of 1948 
2  Ins. by Bom. 43 of 1948. 

 
                                                 
66 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

            (ai)    the  manner  in  which  the  record  shall  be  maintained  under  section 

111; 

             (aj)   the conditions to be prescribed under sub-section (1) of section 112; 
             (ak)   the manner of giving notice under sub-section 116; 
             (al)    the  further  powers  of  the  Registrar,  a  Conciliator,  [Wage  Board]  or 
the  manner  of  verifying 

Board  under  sub-section  (2),  1[and 
information under sub-section (4) of section 118]; 
            (am)  any other matter which is required to be or may be prescribed. 

 (3) The rules made under this section shall be subject to the conditions of 

previous publication in the Official Gazette. 

2[(4) 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 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.] 

3[123A.  Repeal of C.P. and Berar Act XXIII of 1947.-The Central Provinces 

and Berar Industrial Disputes Settlement Act, 1947, is hereby repealed: 

Provided that - 
(a)  every appointment, order, rule, notification or notice made, issued or given 
under  the  provisions  of  the  Act  so  repealed  shall,  in  so  far  as  it  is  not 
inconsistent with the provisions of this Act, be deemed to have been made 
or issued under the provisions of this Act, unless and until superseded by 
any  appointment, order, rule, notification or notice made, issued or given 
under this Act; 

(b)  any  standing  order  settled,  agreement  or  settlement  recorded  or 
registered, changes which have come into operation, submissions entered 
into,  awards  made  or  orders  passed  by  the  State  Industrial  Court,  a 
District  Industrial  Court,  the  Labour  Commissioner,  the  Registrar  or  the 
Wage Board, under the provisions of the Act so repealed shall be deemed 
to have been settled, recorded or registered, come into operation, entered 
into,  made  or  passed  by 
the 
corresponding provisions of this Act; 

the  appropriate  authority  under 

(c)  any  right,  privilege,  obligation  or  liability  acquired,  accrued  or  incurred 
under  the  Act  so  repealed  shall  not  be  affected  and  any  investigation, 
legal  proceedings,  or  remedy  in  respect  of  any  such  right,  privilege, 
obligation or liability shall so far as it is not inconsistent with the provisions 
of this Act, be made, instituted, continued and availed of as if the said Act 
had not been repealed and continues in operation; 

1  Subs. by Bom. 63 of 1953 
2  Added by Mah. 22 of 1965. 
3  Ins. by Mah. 22 of 1965. 

                                                 
  THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 

        67 

(d)  any  proceedings  pending  before  the  State  Industrial  Court,  a  District 
Industrial  Court,  the  Labour  Commissioner,  the  Registrar  or  the  Wage 
Board, conciliation proceedings, or any proceedings relating to the trial of 
offences punishable under  the provisions of the  Act so  repealed  shall be 
continued  and  completed  as  if  the  said  Act  has  not  been  repealed  and 
continued in operation; and penalty imposed in such proceedings shall be 
recorded under the Act so repealed; 

(e)  any  union  registered  as  a  recognised  union  for  any  local  area  for  any 
industry under the Act so repealed shall be deemed to be a representative 
union for the industry in that local area under this Act; 

(f)  any  other  representatives  elected,  entitled 

to  appear  or  act  as 
representatives  of  employees  under 
repealed  shall, 
notwithstanding  the  repeal  of  the  said  Act,  continue  to  act  as  the 
representatives  of  employees  in  any  proceedings  under  the  Act  so 
repealed till the completion of the proceedings.] 

the  Act  so 

SCHEDULE I 
(Section 35) 

1.  Classification  of  employees  e.g.  permanent,  temporary,  apprentices,  pro-
bationers,  badlis,  etc.  1[and  the  manner  of  filling  posts  becoming  vacant  and 
determining  seniority  of  badlis,  and  all  matters  connected  with  the  purposes 
aforesaid]. 

2[1A. Employees’ tickets, cards, registers and service certificates.] 
2.  Manner of notification to employees of periods and hours of work. holidays, 

pay days and wage rates. 

3.  3[Shift  working  including  notice]  to  be  given  to  employees  of  starting, 
alteration or discontinuance of two or more shifts in a department or departments. 
4.  Closure or reopening of a department or a section of a department or the 

whole of the undertaking. 

5.  Attendance and late coming. 
4[6. Procedure and authority to grant leave. 
7.  Procedure and authority to grant holidays.] 
8.  Liability to search and entry into premises by certain gates. 
9.  Temporary 5[closures] of work including paying off, and rights and liabilities 

of employers and employees arising therefrom. 

10.  Termination  of  6[employment  including  notice]  to  be  given  by  employer 

and employee. 

11.  7[Punishment  including  warning,  censure,  fine,  suspension  or]  dismissal 
for misconduct, suspension pending inquiry  into  alleged misconduct and the acts 
or omissions which constitute misconduct. 

1  Added by G.N., dated 16.10.1970. 
2  Ins. by G.N. dated 17.9.1948. 
3  Subs. by  G.N. dated 17.9.1948. 
4  Subs. by G.N., dated 23.10.1952. 
5  Subs. by G.N., dated 17.5.1950. 
6  Subs. by G.N., dated 17.9.1948. 
7  Subs. by G.N., dated 11.4.1950. 

 
                                                 
68 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

12. Means of redress for employees against unfair treatment or wrongful 

exaction on the part of the employer or his agent or servant. 

1[13. Age for retirement or superannuation.] 
2[14. Employment or re-employment of probationers or badlies or temporary or 

casual workmen, and their conditions of service.] 

SCHEDULE II 
(Section 42) 

1.  Reduction intended to be of permanent or semi-permanent character in the 
number  post  or  of  persons  employed  or  to  be  employed  in  any  occupation  or 
process or department or departments or in a shift not due to force majeure. 

2. Permanent or semi-permanent increase in the number of persons employed 

or to be employed in any occupation or process or department or departments. 

3.  Dismissal  of  any  employee  except  as  provided  for  in  the  standing  orders 

applicable under this Act. 

4.  Rationalisation  or  other  efficiency  system  of  work,  3[whether  by  way  of 

experiment or otherwise] 

4[5.  All  matters  pertaining  to  shift  working  which  are  not  covered  by  the 

Standing Orders applicable under this Act.] 

6. Withdrawal of recognition to unions of employees. 
7. Withdrawal of any customary concession or privilege or change in usage. 
8. Introduction of new rules of discipline or alteration of existing rules and their 
interpretation,  except  in  so  far  as  they  are  provided  for  in  the  standing  orders 
applicable under this Act. 

9. Wages including the period and mode of payment. 
10. Hours of work and rest intervals. 
5[11. All matters pertaining to leave and holidays, other than those specified in 

in items 6 and 7 in Schedule I.] 

SCHEDULE III 
(Section 42) 
(1) Adequacy and quality of materials and equipment applied to the workers. 
(2) Assignment of work and transfer of workers within the establishment. 
(3)  Health,  safety  and  welfare  of  employees  (including  water,  dining  sheds, 

rest sheds, latrines, urinals, creches, restaurants and such other amenities). 
(4) Matters relating to trade union organization, membership and levies. 
(5) Construction and interpretation of awards, agreements and settlements. 
(6) Employment including - 

(i) reinstatement and recruitment; 
(ii)  unemployment 
concerned. 

to  persons  previously  employed 

(7) Payment of compensation for 6[closure] 

in 

the 

industry 

1  Added by G.N., dated 19.5.1956. 
2  Added by Mah. 47 of 1977. 
3  Added by G.N., dated 7.12.1953. 
4  Subs. by G.N., dated 17.9.1948. 
5  Ins. by G.N., dated 28.2.1953. 
6  Subs. by G.N., dated 17.5.1950. 

 
                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      69 

THE BOMBAY INDUSTRIAL RELATIONS 
RULES, 1947 
In  exercise  of  the  powers  conferred  by  section  123  of  the  Bombay  Industrial 
Relations Act, 1946 (Bom. XI of 1947), the Government of Maharashtra is pleased 
to make the following rules, namely:- 

1.  Short title. -These rules may be called the Bombay Industrial Relations 

Rules, 1947. 

2.    Definitions.  -  (1)  In  these  rules  unless  there  is  anything  reugnant  in  the 

subject or context,- 

(i) "Act" means the Bombay Industrial Relations Act, 1946; 
(ii) "Form" means a form appended to these rules; 
(iii) "Schedule" means a Schedule appended to the Act; 
(iv) "Section" means a section of the Act. 
(2) Words and expressions not defined in these rules shall have the meanings 

assigned to them under the Act. 

3.    The  State  Government  shall  maintain  two  separate  panels  of  an  equal 
number of persons representing the interests of employers and employees for the 
purposes  of  appointment  on  Boards  of  Conciliation  constituted  under  section  7. 
Before  making  appointments  to  these  panels  the  State  Government  shall  invite 
such organizations of employers and workers and such other bodies and persons 
as it may deem fit to recommend the names of suitable persons for this purpose. 
The members of the panels shall be selected from the names so recommended. 

4.  The  list  of  panels  constituted  under  rule  3  shall  be  published  in  the       

Official Gazette. 

5. The name of any member of a panel who has been adjudged a bankrupt, or 
has been declared insane or who has been convicted in a criminal proceeding for 
an offence involving moral turpitude shall be removed from the panel. 

6.  Any vacancy on these panels which may have been caused by resignation, 
death or by virtue of rule 5 shall be filled in the manner provided for in rule 3. The 
appointment  of  a person in every  vacancy so filled shall be notified in the Official 
Gazette. 

7. Any vacancy which has been created on a Board shall be filled by the State 
Government in the case of a member either by an independent person or from the 
panel concerned according as the original member was an independent person or 
a  person  from  the  panel  and  in  the  case  of  the  Chairman  by  an  independent 
person.  The  name  of  the  person  so  appointed  shall  be  notified  in  the  Official 
Gazette. 

8.  If  a  Chairman  or  any  member  of  a  Board  is  adjudged  a  bankrupt  or  is 
declared insane or is convicted in any criminal proceeding for an offence involving 
moral turpitude, he shall cease to be a member of such Board and the vacancy so 
created shall be filled in the manner laid down in rule 7. 

 
 
70 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

9.1[* * *] 
10.  The  registers  of  unions  referred  to  in  section  12  shall  be  maintained  in 

Forms A, B and C. 

11.  The  list  of  approved  unions  for  registration  under  section  12  shall  be 

maintained in Form D. 

12. Application by unions for registration under section 13 shall be in Form E. 
13.  The  fee  payable  for  registration  of  a  union  under  section  14  shall  be 

2[Rs.200]. 

14.  The    certificate  of  registration  issued  by  the  Registrar  under  section  14 

shall be in form F. 

3[14A.  An  application  under  sub-section  (1)  of  section  16  by  an  applicant 

union shall be in Form F-A.] 

15.  The  fee  payable  by  a  union  which  makes  an  application  to  the  Registrar 

under section 16 shall be4[Rs.1000]. 

3[15A-  The certificate of registration to be issued by the Registrar under sub-

section (3) of section 16 shall be in Form F-B]. 

16. Every application made by a union under section 16 shall be published by 

the Registrar in the Official Gazette. 

17. Any union making an application for re-registration under  section 17 shall 

apply in Form G. 

18.  The  fee  payable  by  a  union  for  re-registration  under  section  17  shall  be 

5[Rs.400]. 

19. Any change in the address of the head office of a registered union shall be 
communicated in writing  to the  Registrar within  seven  days  of  such  change,  and 
the  changed  address  shall  be  recorded  in  the  appropriate  register  maintained 
under section 12. 

20. (1) Any change in the name of a registered union shall be communicated 
in  writing  to  the  Registrar  within  seven  days  of  the  registration  of  such  change 
under the 6[ * * * ] Trade Unions Act, 1926. The change in name shall be recorded 
by  the  Registrar  in  the  appropriate  register  maintained  under  section  12  and 
notified in the Official Gazette. 

(2) The  Registrar  shall certify under his  signature at the foot of the  certificate 

issued under rule 14 [or rule 15A] that the new name has been registered. 

21.  (1)  Every  employer  in  any  industry  in  any  local  area  to  which  the  Act 
applies under sub-section (3) of section 2  shall within seven days of the  date on 
which  the  Act  comes  into  force  and  every  employer  in  any  industry  in  any  local 
area to which all or any of the provisions, of the Act have been applied under sub- 
section  (4)  of  section  2  shall  also  within  seven  days  of  the  date  on  which  such 
provisions of the Act have been applied to that industry and thereafter on or before 

1  Deleted vide BIR (Amendment) Rules, 1980, R.2 published in M.G.G. Part I-L, dated 30th July 1980 at page 

5711. 

2  Subs. by Govt. Noti. dt. 23.8.2004 MGG Pt.I-L. Ext., dt. 23.8.2004 
3  Added by G.N. of 11.12.1965. 
4  Subs. by Govt. Noti. dt. 23.8.2004  MGG Pt.I-L. Ext., dt. 23.8.2004 
5  Subs. by Govt. Noti. dt. 23.8.2004 MGG Pt.I-L, Ext. dt. 23.8.2004 
6  The word "Indian" omitted by Act, 1938 of 1964 S.3 (w.e.f. 1.4.1965) 

                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      71 

the  tenth  day  of  every  month  forward  by  registered  letter  to  the  Registrar  a 
statement  in  such  form  as  the  Registrar  may  require,  showing  correctly  the 
number of employees  employed  by  him  on the  first working day of the month. In 
all cases where work is done in two or more shifts, the employees in all the shifts 
shall be included in the number of employees for whom the return is to be made.  

(2) Every employer of an  undertaking  in any such  industry shall also forward 
to  the  Registrar  such  statement  in  the  manner  provided  in  sub-rule  (1)  within 
seven  days  of  the  date  on  which  such  undertaking  was  started  by  him  after  the 
coming into force  of the  Act  or  as  the  case  may  be  after  the  application  of  all  or 
any  of  the  provisions  of  the  Act  to  such  industry  and  thereafter  on  or  before  the 
10th day of every month. 

22.  Every  registered  union  shall,  on  or  before  the  twentieth  day  of  every 
month,  forward  by  registered  letter  to  the  Registrar  a  statement  in  such  form  as 
the Registrar may require. Such statement shall, in the case of union other than a 
Representative  Union,  show  correctly  the  number  of  members  the  Union  had  in 
each  occupation  for  the  month  immediately  preceding  the  previous  month 
separately for each undertaking of each employer, within the local area for which 
the  union  is  registered  with  whom  the  members  of  the  union  were  employed.  In 
the case of a Representative Union  such  statement shall show correctly the total 
number  of  members  the  Union  had  in  the  industry  concerned  for  the  month 
immediately  preceding  the  previous  month  within  the  local  area  for  which  the 
Union is registered. Where the Union is registered for more local areas than one, 
there shall be a separate statement for each such local area. 

23. The Registrar may  call upon any employer or  any union to produce such 
documents  and  supply  such  further  information  as  he  may  deem  necessary  to 
prove that the information supplied under rules 21 and 22 is correct. 

24.  (1)  The  Registrar  shall forward  in  the  month  of  March,  June,  September 
and  December  every  year  a  consolidated  statement  for  the  quarter  ending 
December,  March,  June  and  September,  respectively,  for  every 
industry 
separately to the Labour Officer of each local area containing - 

(i)  where there is no Representative Union for an industry in a local area - 

(a) 

the    number  of  members  each  Registered  Union  has  in  each 
occupation in each undertaking in the local area; and  

(b)  he  number  of  employees  employed  in  each  occupation  in  each 

undertaking in the local area; and  

(ii)  where there is a Representative Union for an industry in a local area - 

(a)  the number of members of the Representative Union in the industry in 

the local area; and  

(b)  the total number of employees in the industry in the local area. 

(2) Such statements shall be open to inspection by any employer or any union 

in the industry in the local area. 

25.  (1) Where no Representative Union  exists for an industry in a local area 
any employer or any union in such industry, may call upon the Registrar in writing 
for information in connection with the total number of employees in any occupation 
or undertaking in such industry and the number of members each registered union 
has in any occupation in such industry. 

 
 
72 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(2)  Where  a  Representative  Union  exists  for  an  industry  in  a  local  area  any 
employer  or  union  may  call  upon  the  Registrar  in  writing  for  information  in 
connection  with  the  total  number  of  employees  employed  in  the  industry  in  the 
local  area  and  the  total  number  of  members  of  the  Representative  Union  in  the 
industry in the local area. 

26    1(1)    Every  order  passed  under  section  14,  15,  16,  23  or  24  and  every 

order passed in appeal under section 20, - 

(a)  shall  be  published  by  the  authority  making  the  order  in  the  Official 
Gazette,  whether  such  authority  considers  it  necessary  to  do  so,  having 
regard to the importance of the orders; or  

(b)  shall  be  displayed  by  such  authority  on  the  Notice  Board  in  its  office,  in 

other cases. 

(2)  Every  order  referred  to  in  sub-rule  (1)  shall  be  forwarded  by  the  said 
authority  to  every  union  affected  by  or  concerned  with  the  order  and  also  to  the 
Commissioner of Labour, Bombay. 

27.  Any union desirous of being registered for an industry for more than one 
local area shall in Form B and the provisions of rules 13 and 14 shall apply to such 
registration. 

2[28.  An  application  by  a  union  for  being  entered  in  the  approved  list  under 
sub-section  (1)  of  section  23  shall  be  in  Form  H  and  the  application  under  sub-
section (4) of that section 3[shall be in Form H-A]. 

28A.  (1)  For  ascertaining  the  membership  of  unions  for  the  purposes  of  the 
provisions  of  section  13,  16,  17  or  23,  the  Registrar  shall  hold  an  inquiry  in  the 
manner hereafter provided. 

(2)  The Registrar shall fix a date for holding an inquiry for  ascertaining such 
membership  and  shall  give  fifteen  days'  notice  thereof  to  the  union  or  unions 
concerned. 

(3)    On  receipt  of  such  notice  each  such  union  may  submit  its  objections,  if 
any, to the Registrar in writing in duplicate and shall produce before the Registrar, 
the following documents:- 

(a)  Membership Register; 
(b)  Counterfoils  of  receipts  of  4[subscription  for  nine  calendar  months  in  the 
case  of  an  application  under  section  13  or  16  and  for  seven  calendar 
months  in  the  case  of  an  application  under  sub-section  (1)  or  (4)  of 
section  23]  immediately  proceding  the  calendar  month  in  which  the 
application is made; 

(c)  Minute book; 
(d)  Cash-book; 
(e)  Bank Pass Book, it any; 
(f)  An  audited  statement  of  membership  for  [each  of  the  nine  calendar 
months in the case of an application under section 13 or 16, and for each 
of  the  seven  calendar  months  in  the  case  of  an  application  under  sub-

1  Subs. vide B.I.R. (Amendment) Rules, 1977, R-2 Pub. in M.G.G. Pt. IL, dated 8.9.1977. 
2  Subs. by G.N. of 11.12.1965. 
3  Ins. by G.N. of 25.6.1958. 
4  Subs. by. G.N. of 11.12.1965. 

                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      73 

section (1) or (4) of section 23] immediately preceding the calendar month 
in which the application is made; and  

(g)  Such  other  documents  as  the  Registrar  may  from  time  to  time  direct 

during the course of an inquiry. 

(4)  Every such objection shall be accompanied by a deposit of 1[Rs.50]. 
(5)  Where the union to whom notice has been given under sub-rule (2) fails to 
be present before the Registrar on the date fixed for the inquiry or fails to produce 
the documents as required by sub-rule (3) then,- 

(a)  if  such  union  is  an  applicant,  the  Registrar  may  dismiss  the  application; 

and 

(b)  if  such  union  is  not  an  applicant,  the  Registrar  may  proceed  with  the 

inquiry ex-parte: 

Provided that on sufficient cause being shown by the Union whose application 
has been dismissed, the Registrar may set aside the order of dismissal and fix a 
date for holding the inquiry. 

(6)    The  documents  produced  at  the  inquiry  by  union  shall  be  open  to 
inspection  to  other  unions,  who  may  be  party  to  the  inquiry,  for  a  period  of  ten 
days, from the date of their  production or for such further period as the Registrar 
may allow. 

(7)  The  Registrar  may  adopt  such  sampling  method  as  he  may  deem  fit,  in 

verifying the membership register of a union. 

(8)  Where in respect of objections raised against the membership of a union, 
the number of witnesses to be examined is very large, the Registrar may examine 
such  number  of  witnesses  as  he  may  determine  by  adopting  such  sampling 
method as the Registrar may deem fit. The Registrar may, with the consent of the 
parties, examine the witnesses in camera. 

(9)  If in the course of the inquiry, the Registrar comes to a conclusion that an 
objection  raised  against  the membership  of the  union was frivolous  or  vaxatious, 
he may impose a fine not exceeding 2[Rs.50] for every such objection. 

29.  The  President,  the  Vice-President, the  General  Secretary,  the  Secretary, 
the Joint Secretary, the Assistant Secretary, the Treasurer of an approved union, 
such  members  of  the  office  staff  of  the  union  as  have  been  authorised  by  the 
President  in  this  behalf  and  such  members  of  the  union  as  have  completed  at 
least  six  months  of  membership  and  been  authorised  by  the  President  in  this 
behalf shall, subject to the following conditions, be entitled to collect sums payable 
by its members on the premises of an undertaking where wages are paid to them:- 
(a)  the name or names of the officer or officers or member or members of the 
office  staff  or  member  or  members  of the  union  authorised  in  this  behalf 
shall be intimated in advance to the employer and changes, if any, therein 
shall be communicated to the employer at least 24 hours before the date 
of collection; 

(b)  the  officers,  members  of  the  office  staff  or  members of the  union  visiting 
the undertaking for this purpose shall carry a letter of authority in Form 1-

1  Subs. by Govt. Noti. dt. 23.8.2004 MGG Pt.I-L. Ext. dt. 23.8.2004 
2  Subs. by Govt. Noti. dt. 23.8.2004 MGG Pt.I-L. Ext. dt. 23.8.2004 

 
 
                                                 
74 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

1[and  such  letter  of  authority  duly  signed  by  the  General  Secretary  or 
Secretary  of  the  Union  shall  be  sufficient  authority  for  the  persons 
authorised  under  that  Form  to  collect  the  sums  without  any  let  or 
hindrance]; 

(c)  no coercion or force shall be used on any employee; 
(d)  the collection shall be made without causing hindrance to the staff of the 

undertaking or interference in the management's work; 

(e)  not  more  than  25  employees  at  a  time  shall  be  allowed  to  gather  at  the 

place where such sums are collected; 

(f)  Collections  shall  be  made  on  the  usual  pay  day  or  days  and  the 
subsequent  three  days  and  the  day  or  days  on  which  unclaimed  wages 
are paid; 

Provided  that  (i)  on  the  usual  pay  day  or  days  and    the  collection  shall  be 
made during the hours  of  payment and (ii) on any other days the  collection shall 
be  made  during  such  hours  as  may  be  mutually  agreed  upon  between  the 
employer and the union subject to the condition that the period shall not be more 
than three hours on each of such days. 

30.  The  President,  the  Vice-President, the  General  Secretary,  the  Sacretary, 
the  Joint  Secretary,  the  Assistant  Secretary  and  the  Treasurer  of  an  approved 
union shall be entitled  to  put up or  cause to be put up a notice  board outside the 
time  keeper's  office  or  at  any  other  conspicuous  place  mutually  agreed  upon 
between  the  employer  and  the  union  and  affix  notices  thereon  during  the  hours 
the undertaking is open:- 
Provided that,- 
(a) the notice board to be put up shall be of a reasonable size; 
(b) the notices to be affixed shall be signed either by the President, the Vice-
President,  the  General  Secretary,  the  Secretary,  the  Joint  Secretary,  the 
Assistant  Secretary,  or  the  Treasurer;  such  notices  shall  relate  to  lawful 
activities  of  the  unions  and  shall  not  be  of  an  offensive  or  provocative 
nature. 

31. Subject to the provisions  of rules 32, 33 and 34, the President, the Vice-
President, the General Secretary, the Secretary, the Joint Secretary, the Assistant 
Secretary  and  the  Treasurer  of  an  approved  union  shall,  for  the  purpose  of  the 
prevention  or  settlement  of  an  industrial  dispute,  have  a  right  and  shall  be 
permitted by the employer to do all or any of the acts mentioned in sub-clauses (i), 
(ii) and (iii) of clause (c) of section 25. 

32.  The officers specified in rule 31 shall have a right and  shall be permitted 
by  the  employer  to  hold  discussions  on  the  premises  of  the  undertaking with  the 
employees concerned who are members of the approved union: 

Provided that- 
(a) the union shall intimate in advance to the employer the name or names of 
the  officer  or  officers,  authorised  for  the  purpose  and  the  name  of  the 
department  or  departments  in  which  the  members  concerned  are 
employed; and 

1  Added by G.N. of 11.12.1965. 

                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      75 

(b) the discussions  shall  be held in such manner  as not to interfere with the 

working of the undertaking. 

33.  The officers of an approved union specified in rule 31 shall have a right to 
meet  and  discuss  with  an  employer  or  any  person  appointed  by  him  for  the 
purpose the grievances of its members employed in his undertaking subject to the 
following conditions, namely :- 

(a) the discussion shall ordinarily be held on two days in a week during such 
hours as may be fixed by agreement between the employer and the union 
except  in  urgent  cases  when  it  may  be  held  on  any  day  at  any  time  by 
previous appointment; 

(b)  the  union  shall  ordinarily  communicate  in  advance  the  nature  of  the 

grievances which it desires to discuss; 

(c)  the  name  of  the  officer  authorised  in  this  behalf  shall  either  be 
communicated  to  the  employer  in  advance  or  such  officer  shall  carry  a 
letter of authority in Form I-B 1[and such letter of authority duly signed by 
the  General  Secretary  or  Secretary  of  the  Union  shall  be  sufficient 
authority for the persons authorised under that Form to meet and discuss 
with  the  employer  or  any  person  appointed  by  him  the  grievances  of  its 
members.] 

34.    Any  of  the  officers,  specified  in  rule  31,  shall  have  a  right  and  shall  be 
permitted  by  the  employer  to  inspect  in  any  undertaking  any  place  where  any 
member of the union is employed provided he carries with him a letter of authority 
in Form I-C and informs the employer before hand which place in the undertaking 
he  desires  to  inspect.  1[Such  letter  of  authority  duly  signed  by  the  General 
Secretary  or  Secretary  of  the  Union  shall  be  sufficient  authority  for  the  persons 
authorised by that Form to inspect in any undertaking any place aforesaid.] 

35.  (1)  The following shall  be the fees for the purposes of sub-section (6) of 

section 26:- 

      Particulars 

Table of Maximum Fees for Legal Aid 

Industrial 
Court 

Labour 
Court 

(1)  For each conference with legal adviser           

40 

(2)  For 

drawing 

an 
statement, memorandum of appeal, or             petition of 
more than 15 foolscape             typed pages 

application, 

up 

written                         

50 

(3)  For  drawing  up  an  application,  written  Statement 
memorandum  of  appeal,  or  petition  of  less  than  15 
foolscape typed pages 

(4)  For appearance in Court (per day) 

(5)  For opinion of legal adviser in writing 

(6)  For  appearance  in  Chamber  matter  or  for  appearance 

before the officer of the Court 

(7)  Fees for retainer 

30 

80 

60 

20 

30 

1  Added by G.N. of 11.12.1965. 

20 

25 

15 

40 

30 

10 

30 

 
 
 
                                                 
76 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(2) Fees in excess of those prescribed in sub-rule (1) may be given to senior 
consul or legal practitioners of high standing in  matters of importance or difficulty 
before the Industrial Court. 

36.    Any  association  of  employers  desiring  recognition  as  an  association  of 
employers under the Act shall apply to the Registrar in Form J. On receipt of such 
application,  which  shall  be  in  duplicate, the  Registrar shall forward  a  copy  of the 
application  to  the  State  Government  with  such  remarks  as  he  may  deem 
necessary. 

37. (i) Every association of employers which has been recognised by the State 
Government under section 27 shall notify to the Registrar of every change, which 
occurs  in  its  name,  memorandum  of  association  or  constitution  or  membership 
within seven days of such change. 

(ii)  Any such change in the name of an association of employers shall be 

notified in the Official Gazette. 

38.  Any  employer  in  an  industry,  not  being  a  member  of  an  association  of 
employers connected with that industry, who has agreed to be represented in any 
proceeding  under  the  Act  by  such  association,  shall  send  intimation  in writing  to 
that effect to the Registrar and shall send copies of such intimation to the Labour 
Officer  for  the  local  area,  to  the  authority  holding  the  proceeding  and  to  the 
representative union for the industry, if any. 

39.  (i)  Where  more  employers  than  one  are  affected  or  under  any  of  the 
provisions  of  the  Act  deemed  to  be  affected  and  no  association  of  employers  in 
under  sub-section  (2)  of  section  27  entitled  to  represent  all  of  them  the 
representative  determined in the following manner shall be entitled to act as their 
representative:- 

(a) Where there is an association of employers and two- thirds or more of the 
employers  who  are  not  members  of  the  association  agree  to  be 
represented by the association, that association; 

(b) Where there is an association of employers but less than two-thirds of the 
employers who are not members of the  association are in favour of their 
being  represented  by  the  association,  not  more  than  five  representative 
elected  from  among  all  the  employers  at  a  meeting  held  by  the  Labour 
Officer for  the  purpose,  provided  that  at  least  one  of  the  representatives 
shall  be  from  among  the  employers  who  have  not  agreed  to  be 
represented by the association; 

(c)  In  all  other  cases,  not  more  than  five  representative  elected  by  the 

employers at meeting held by the Labour Officer for the purpose: 

Provided  that  where  the  number  of  employers  affected  or  deemed  to  be 
affected  does  not  exceed  five,  no  election  shall  be  held  and  all  the  employers 
concerned shall be entitled to act as the representative; 

(d  )Any  vacancy  in  the  representatives  elected  under  clause  (b)  or  (c)  shall 
be  filled  by  election  at  a  meeting  of  the  employers  held  by  the  Labour 
Officer for the purpose: 

(2) The  names of persons elected as representatives  shall be communicated 

by Labour Officer to the Registrar and the authority holding the proceeding. 

40.  (1)  Where there  is  no  Representative  Union  in  respect  of  any  industry  in 
any local area, the Labour Officer for the local area or any person deputed by him 

THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      77 

for  the  purpose  shall  hold  meetings  of  the  employees  in  each  indertaking  in  the 
industry and each occupation therein at such place and time as he deems fit [; and 
different  places  and  different  times  may  be  fixed  by  him  for  holding  such 
meetings].  At  such  meetings  the  employees  may  elect  five  representatives  from 
among themselves. 

1[(1A)   Where in view of the number of employees employed or the nature of 
work involved in any industry meetings of employees in each undertaking in such 
industry and each occupation therein cannot be held under sub-rule (1) the Labour 
Officer  or  any  persons  deputed  by  him  for  the  purpose  may  hold  election  at 
different  places  and  different  times  for  the  election  of  representatives  of  such 
employees by ballot.] 

(2)    Where  an  election  has  been  held  under  sub-section  (1)  of  section  28, 
within  two  years  from  the  date  on  which  such  election  is  held  and  within  each 
succeeding two years thereafter, the Labour Officer or any person deputed by him 
for the purpose  shall hold meetings of the employees for the  purpose of  electing 
fresh representatives from among themselves. 

(3)  After the election of the representatives of employees the Labour  Officer 
shall  intimate  the  names  of  the  persons  elected  to  the  employer  concerned. 
Copies of such intimation shall be sent to the Registrar, the Chief Conciliator and 
the Conciliator for the industry in the local area. 

41.  Subject  to  the  provisions  of  sub-section  (4)  of  section  28,  the  persons 
elected under rule 40 shall function as the representatives of employees until such 
time  as  fresh  elections  are  held  by  the  Labour  Officer  and  the  names  of  the 
persons so elected are communicated by him to the employer concerned. 

42.  Copies  of  the  intimation  referred  to  in  sub-rule  (3)  of  rule  40  shall  be 
affixed  by  the  employer  prominently  outside  the  time-  keeper's  office  and  at  the 
entrance through which the majority of the employees enter the undertaking. 

43.  (1)    The  employees  in  an  occupation  or  undertaking  desiring  to  recall  a 
representative  of  employees  shall  send  a  requisition  in  writing  to  the  Labour 
Officer  for  the  local  area.  Such  requisition  shall  be  signed  by  at  least  twenty 
percent  of  the  employees  in  the  occupation  or  undertaking,  as  the  case  may  be, 
and shall state the reasons for the recall. 

(2)  On receipt of such a requisition the Labour Officer shall, as soon as may 
be hold a meeting of the employees in the occupation or undertaking, as the case 
may  be,  and  explain  to  them  the  object  of  the  meeting.  If  the  majority  of  the 
employees  present  at  the  meeting  decides  to  recall  the  representative  or 
representatives  mentioned  in  the  requisition  the  person  or  persons  so  recalled 
shall be deemed to have ceased to represent the employees concerned. 

(3)  The Labour Officer shall intimate to the employer concerned, the Chief 
Conciliator for the industry in the local area and the Registrar the name or names 
of the persons who have been so recalled. 

44.Any vacancy in the representatives elected under sub-section (1) or (3) of 

section 28 shall be filled by election in the manner prescribed in rule 40: 

Provided that when the vacancy is caused by a recall under sub-section (4) of 
section 28 the Labour Officer may call upon the same meetings as the one called 

1  Ins. by G.N. of 18.6.1992. 

 
 
                                                 
78 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

for the purpose of recalling to elect fresh representative or representatives as the 
case may be in place of the person or persons recalled. 

45.    Employees  desiring  to  authorise  under  clause  (iii)  of  section  30  any 
Qualified or Primary Union in the industry in which they are employed shall do so 
through their elected representatives who  shall inform  in writing  to  that effect the 
employer  concerned,  the  Registrar,  the  Conciliator  for  the  industry  in  the  local 
area and the Labour Officer for the local area: 

Provided  that  where  there  are  no  elected  representatives  of  the  employees 
concerned such authority and intimation shall be given through the employees, not 
exceeding five, selected by them for the purpose. 

46.  Where  the  Labour  Officer  is  the  representative  of  employees  the  Labour 
Officer  shall,  before  entering  into  any  agreement  under  section  44  or  44-A  or 
settlement  under  section  44B  or  58,  place  the  terms  of  such  agreement  or 
settlement before a meeting of the employees concerned. Such  meeting shall be 
convened by the Labour Officer or any person deputed by him for the purpose at 
such place and time as the Labour Officer may decide and in such manner as he 
deems fit. If the majority of the employees present at the meeting accept the terms 
of  agreement  or  settlement  all  the  employees  affected  shall  be  deemed  to  have 
accepted the terms of such agreement or settlement. 

47. (1)  Where in any  proceeding the persons entitled to appear or  act under 
clause  (v)  of  section  30  are  more  than  five  the  Labour  Officer  or  any  person 
deputed  by  him  for  the  purpose  shall  hold  a  meeting  of  such  persons  at  such 
place  and  time  as  he  deems  fit.  The  persons  elected  at  the  meeting  shall  be 
entitled  to  appear  or  act  as  the  representatives  of  employees  in  that  proceeding 
and  their  names  shall  be  communicated  by  the  Labour  Officer  to  the  employers 
and association of employers concerned, the Chief Conciliator,  the Registrar and 
the authority holding the proceeding. 

(2)  The  number  of  persons  to  be  elected  under  sub-rule  (1)  shall  be 

determined in the following manner:- 

Number of persons entitled to act under 
clause (v) of section 30. 

Number or persons to be elected 
to act instead. 

Less than 15 

15 to 50 

51 to 100   

101 to 200 

201 to 400   

401 and above 

5 

9 

13 

17 

21 

25 

1[47A. For the purposes  of the proviso to  sub-section (1) of section  33A, the 
Labour  Officer for  the  local  area  or  any  person  deputed  by  him  for  the  purpose, 
shall hold a meeting of the employees on either side of the dispute at such place 
and time as he deems fit. At such meeting, the employees may elect, two persons 
from  among  themselves  to  be  their  representatives  who  shall  appear  and  act  on 

1  Added by G.N. of 11.12.1965. 

 
                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      79 

their  behalf  in  the  dispute.  The  names  of  the  elected  persons  shall  be 
communicated  by  the  Labour  Officer  to the  Industrial Court  or  the  Labour  Court, 
as the case may be.] 

1[47B.  Elections under rule 39, rule 40 except sub-rule (1A)], rules 44, 47 and 
47A shall ordinarily be by show of hands unless the Labour Officer concerned, or 
as  the  case  may  be,  the  person  deputed  by  him  for  reasons  to  be  recorded  in 
writing thinks it necessary that the election should be by ballot 1[or if 10 percent of 
the employees present require for such a ballot.] 

48. Within six weeks of the date of the application of the Act or any provisions 
thereof to any industry in any local area, and in the case of an undertaking started 
after  the  applications  of  the  Act  or  any  provisions  thereof  to  such  industry  within 
six  months  of  the  starting  of  the  undertaking,  every  employer  in  the  industry 
concerned  shall  forward  by  registered  letter  to  the  Commissioner  of  Labour, 
Bombay, three copies of the draft standing orders which he proposes to adopt for 
regulating the relations between him and his employees: 

Provided  that  where  an  employer,  who  is  a  member  of  an  association  of 
employers,  notifies  the  Commissioner  of  Labour  in  writing  that  he  has  agreed  to 
the association submitting such standing orders on his behalf and the association 
submits  the  standing  orders  within  the  period  specified  in  sub-section  (1)  of 
section  35  shall  be  deemed  to  have  complied  with  the  provisions  of  that  sub-
section. 

49. (1) The Commissioner of Labour shall forward a copy of the draft standing 
orders  to  the  representative  of  employees  of  the  undertaking  concerned  and  to 
such other interests concerned in the industry as he  may deem fit to consult and 
ask them to send their views thereon within 30 days of the date on which the copy 
of such orders was forwarded to them. 

(2)    On  receipt  of  the  views  of  the  representative  of  employees  and  the 
interests  concerned  or  on  the  expiry  of  the  period  of  30  days  of  the  date  of 
despatch  of  the  draft  standing  orders  whichever  is  earlier,  the  Commissioner  of 
Labour shall call a conference of the representatives of employees and employers 
and  such  other  interests  in  the  industry  as  may  have  been  addressed  by  him 
under sub-rule (1) for consultation and then settle the standing orders finally. 

50. (1)  The Commissioner of Labour after he has  settled the standing orders 
shall forward  a  copy  of  such  standing  order  to  the  Registrar  and  shall  also  send 
copies  of  the  same  to  the  Labour  Officer  for  the  local  area,  the  employer  or  the 
association  of  employers  as  the  case  may  be,  the  representative  of  employees 
concerned, the Industrial Court and the Labour Court concerned. 

(2)  The Registrar shall, as soon as the  standing orders have been recorded, 
intimate to the employer or the association of employers as the case may be and 
to  the  representative  of  employees  concerned  the  date  on  which  the  standing 
orders were recorded. 

(3)  After the expiry of a period  of  30 days from the date of their coming into 
operation  the  employer  concerned  shall,  unless  an  appeal  has  been  filed  under 
sub-section  (1)  of  section  36,  print  the  standing  orders  settled  and  forwarded  to 
him  by  the  Commissioner  of  Labour  in  English  and  also  in  the  principal  regional 
language of the local area in which the undertaking of such employer is situated: 

1  Added by G.N. of 23.9.1968. 

 
 
                                                 
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THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

Provided  that  in  undertakings  where  more  than  twenty  per  cent  of  the  total 
number  of  employees  employed  are  Mussalmans  such  standing  orders  shall  be 
printed in Urdu. 

(4)    Where  an  appeal  has  been  filed  under  sub-section  (1)  of  section  36  the 
standing orders as settled by the Industrial Court shall be printed by the employer 
in the same manner as prescribed by sub-rule (3). 

(5)  Every set of standing orders printed as required by sub-rule (3) or (4) shall 
be  pasted  by  the  employer  concerned  prominently  on  a  special  board  to  be 
maintained  for  the  purpose  outside  the  time-keeper's  office  or  at  the  entrance 
through which the majority of the employees enters the undertaking and also in all 
the departments where the employees concerned are working. 

51.  Any  employer  intending  to  effect  any  change  in  respect  of  an  industrial 
matter  mentioned  in  Schedule  II  shall  give  notice  of  such  intention  to  the 
representative of employees in Form K. 

52.  Any employee who desires a change in respect of an industrial matter not 
specified  in  Schedule  I  or  III  shall  give  notice  to  the  employer  through  the 
representative of employees in Form L. 

53.  (1) Any employee or a Representative Union desiring a change in respect 
of (i) any order passed by the employer concerned  under Standing Orders or (ii) 
any  industrial  matter  arising  out  of  the  application  or  interpretation  of  Standing 
Orders  or  (iii)  an  industrial  matter  specified  in  Schedule  III  shall  make  an 
application in writing to the employer. 1[An application for change in respect of an 
order  passed  by  the  employer  under  Standing  Orders  shall  be  made  within  a 
period of 2[three months] from the date of such order.] Where such application is 
made  by  an  employee  it  may  be  made  to  the  employer  direct  or  through  the 
Labour Officer for the local area or the representative of employees concerned. A 
copy of the application shall be forwarded to the  Commissioner of Labour and in 
cases where such application is not made through the Labour Officer for the local 
area to that officer. 

(2)  Where an application has been made by an employee under sub- rule (1) 
the employer and the employee may arrive at an agreement within fifteen days of 
the receipt of the application by the employer or within such further period as may 
be mutually fixed by the employer and the employee or the Labour Officer for the 
local area or the representative of employees as the case may be. 

(3)    Where  an  application  has  been  made  by  a  Representative  Union  under 
sub-rule  (1),  the  employer  and  the  Representative  Union  may  arrive  at  an 
agreement within fifteen days of the receipt of the application by the employer or 
within such further period as may be mutually agreed upon by the parties. 

54.  The agreement referred to in sub-section (1) of section 44 shall be sent to 

the Registrar by registered letter and to the other officers specified therein by 
ordinary post. 

55.  (1)  The Joint Committee shall consist of ten members of whom five shall 
be  nominated  by  the  registered  union  from  among  the  employees  and  the 
undertaking  or  occupation  concerned  and  five  appointed  by  the  employer 
concerned. 

1  Subs. by G.N. of 24.1.1955. 
2  Subs. by G.N. of 11.12.1965 

                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      81 

(2)  Within  30  days  of  the  decision  to  constitute  a  Joint  Committee  for  an 
undertaking  or  occupation  and  every  12  months  thereafter  the  employer  and  the 
registered  union  shall  appoint  or  nominate  persons  or  represent  them  on  the 
committee. 

(3)  Before making such nominations the registered union shall call a meeting 
and  consult  the  employees  of  the  undertaking  or  occupation  concerned  as  the 
case may be.  

Provided that no such meeting may be called before making a nomination for 

the first time. 

55A.  A  copy  of  an  order  made  by  the  State  Government  under  sub-  section 
(1)  of  section  49  shall  be  sent  to  the  union  and  the  employer  concerned  by 
registered post. 

56. In the event of a member of the Joint Committee ceasing to be employed 
in  the  undertaking  or  occupation  or  retiring  or  ceasing  in  any  other  way  to  be  a 
member  of  such  a  Committee,  the  vacancy  shall  be  filled  by  nomination  in  the 
manner  prescribed  in  rule  55  by  the  registered  union  or  appointment  by  the 
employer  according  as  the  person  who  has  ceased  to  be  a  member  was 
nominated by the union or appointed by the employer. 

57.    (1)  The  Chairman  of  a  Joint  Committee  shall  be  appointed  by  the 
members  if  the  Committee from  among  themselves  at  its first  meeting which  will 
be convened by the employer. 

(2)  If  the  members  cannot  agree  upon  the  person  to  be  appointed  as 
Chairman the employer and the registered union which nominated the members of 
the Joint Committee shall be entitled to appoint by agreement the Chairman from 
among the members. 

(3) Failing agreement between the employer and the union the Chairman shall 
be appointed by the employer and the union respectively in rotation for a period of 
six months. 

58.  The  Chairman,  who  shall  convene  and  preside  over  the  meeting  of  the 
Joint Committee, shall circulate the agenda of the meeting to the members along 
with the notice of the meeting, except in the case of a special meeting at least 48 
hours before the meeting. He shall cause  the minutes  of  every meeting recorded 
and  get  them  confirmed  at  the  next  meeting.  He  shall  also  communicate,  as 
required by  sub-section (2) of section 51, the decisons of  the Joint Committee to 
the  registered  union  and  the  employer  as  well  as  Labour  Officer  and  the 
Commissioner of Labour. 

59.  (1)  The  Joint  Committee  may  meet  as  often  as  convenient  but  not  less 
than once a month. In cases of urgency, a special meeting of the Committee may 
be called by giving not less than six hours' notice at the request of either side. The 
meeting  shall  be  held  during  working    hours  unless  otherwise  agreed  upon 
between the two sides. The proceedings of the meetings  shall be conducted in a 
language understood by majority of the employees. 

(2)  No business other than that appearing on the agenda, shall be transacted 

at any meeting unless both sides agree to its introduction. 

(3)  The  presence  of  three-fifths  of  the  members  from  each  side  of  the 

Committee shall be necessary to form a quorum. 

 
 
82 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

(4) The  decision  of the Committee shall be arrived at by agreement between 
the two sides, but if no such agreement is possible the decision shall be taken by 
vote of majority of the members present. The Chairman shall have one vote and in 
case of a tie a casting vote. 

60.  The  agreement  referred  in  sub-section  (1)  of  section  52  shall  be  sent  to 

the Registrar by registered letter and to the Labour Officer by ordinary post. 

61. The special intimation referred to in sub-section (2) of section 52 shall be 

sent in Form M. 

62. The statement of the case referred to in section 54 shall be in Form N. 
63.  On receipt of the statement of the case under section 54 the Conciliator at 
for  the  industry  in  the  local  area  shall  send  an  intimation  to  the  parties  to  the 
dispute  to  appear  before  him  at  such  time  and  place  as  may  be  specified in  the 
intimation. He shall hold discussion, either jointly or separately, with the employer 
and the representative of employees at such places and a such times as he may 
deem fit, and shall endeavour to bring about a settlement of the dispute. 

64.  The  memorandum  of  settlement  referred  in  sub-section  (1)  and  (4A)  of 

section 58 shall be drawn up in Form O. 

1[65.  The  memorandum  of  settlement  drawn  up  under  rule  64  shall  be 
published  by  the  Registrar  by  display  on  the  notice  board  of  his  office  under  his 
hand  and  seal  and  a  copy  of  the  same  shall  also  be  forwarded  by  him  to  the 
Commissioner  of  Labour  and  also  to  the  parties  to  the  dispute  and  the  parties 
shall also be informed of the date of publication on the  notice board. The date of 
in  the  Register  of  agreements  shall  also  be 
recording  such  settlement 
communicated to the parties to the dispute.] 

65A.  The  report  of  the  Conciliator  or  the  Chief  Conciliator  forwarded  to  the 
State Government under the proviso to sub- section (2) or under sub-section (3) of 
section 58, except in cases in which a dispute is referred to a Board, or the parties 
to  the  dispute  enter  into  a  submission  in  respect  of  it,  shall  be  published  on  the 
notice board of the office of the Commissioner of Labour and a copy thereof, shall 
at the time of such publication, be forwarded to the parties to the dispute and the 
parties shall be informed of the date of such publication on the notice board.  

66.   The notice referred to in sub-section (2) of section 59 shall be served on 

the parties concerned by registered letter. 

67.  (1)   When  an industrial  dispute  has  been  referred  to  a Board  under  sub-
section (1) of section 59, the Board shall at its first sitting call upon  the parties in 
such order as it thinks fit to state their case. 

(2)  Any member of a Board may administer an oath. 
68.  A  submission  entered  into  by  the  parties  under  section  66  shall  be 
published by the Registrar in the Official Gazette and a copy of the same shall be 
forwarded to the Commissioner of Labour, and also to the Arbitrator, Labour Court 
and the Industrial Court as the case may be. 

69.  Where an industrial dispute between employers and employees has been 
referred  by  the  State  Government  under  sub-  section  (1)  of  section  72  to  the 
arbitration of the Industrial Court or the Labour Court, the Industrial Court  as the 

1  Subs. by G.N. of 23.9.1968. 

                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      83 

case  may  be  shall  send  a  notice  to  the  employers  of  such  employees  that  they 
have been made parties to such arbitration. 

1[70. (1) Within thirty days from the day on which he receives any award of an 

arbitrator, Labour Court or Industrial Court, the Registrar shall -- 

(a)  cause  it  to  be  published  in  the  Official  Gazette,  where  he  considers,  it 

necessary to do so, having regard to the importance of the award; or 
(b) cause it to be displayed on the Notice Board in his Office, in other cases. 
(2) Where the award is published in the Official Gazette the Registrar shall, at 
the  time  of  such  publication, forward  a  copy  of  the  award  to  the  parties  affected 
by, or concerned with, if and where the award is displayed on the Notice Board in 
his Office, he shall send a written  intimation to said  parties regarding the date on 
which the award is displayed on the Notice Board.] 

71.    Every  application  under  sub-section  (1)  of  section  79  shall  be  made  in 
Form P and shall be forwarded to the  Labour Court for the local  area concerned 
by  registered  post  or  be  presented  to  the  Clerk  of  the  Court  or  any  other 
subordinate officer authorised by the Court in this behalf. 

2[71A.  (1)  Every  representative  union  in  respect  of  any  industry  in  any  local 
area,  or  where  there  is  no  Representative  Union,  a  Qualified  Union,  or  where 
there 
is  no  Representative  or  Qualified  Union,  a  Primary  Union,  shall 
communicate to the employer before the 30th September in every year the names 
and addresses of such of the office-bearers of the union who are employed in that 
industry and whom, in the opinion of the union, should be recognised as protected 
employees. 

Any  change in  the incumbency of any  such  officer shall be communicated to 

the employer by the union within 15 days of such change. 

(2)    The  employer  shall,  subject  to  the  provisions  of  sub-  section  (2B)  of 
section 101 recognise such officers to be protected employees for the purposes of 
sub-section  (2A) of the  said section and communicate to the union concerned, in 
writing, within 15 days of the receipt of the names and addresses under sub-rule 
(1), the list of employees recognised as protected employees: 

Provided that, where there is no Representative Union or a Qualified Union or 
Primary  Union,  the  persons  elected  by  the  employees  to  represent  them  in 
accordance with the provisions of section 28 shall be recognised by the employer 
as protected employees subject to sub-section (2B) of the said section 101. 

(3)    Where  the  total  number  received  by  the  employer  under  sub-rule  (1) 
exceeds the maximum number of protected employees admissible for the industry 
under sub-section (2B) of section 101, the employer shall recognise as protected 
employees  only  such  maximum  number  of  employees,  according  to  the  serial 
order in the list received by the employer. 

(4) Any dispute connected with the recognition of protected employees under 
this  rule  that  may  arise  between  an  employer  and  the  union  or  elected 
representatives  of  employees  shall  be  referred  to  the  Conciliator  concerned, 
whose decision thereon shall be final.] 

1  Subs. by B.I.R. (Amendment) Rules, 1977, R-3 Pub. in M.G.G. Pt.I-L, dated 8.9.1977 at page 5656. 
2  Subs. by B.I.R. (Amendment) Rules, 1981, R-2 Pub. in M.G.G. Ex.Ordinary, dated 17.11.1981. 

 
 
                                                 
84 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

72. (1) The record of industrial matters referred to in clause (a) of section 111 

shall be maintained by the Commissioner of Labour. 

(2)  For each industry the record of such industrial matters shall be maintained 

separately by the Commissioner. 

72A.  (1)  The  State  Government  may,  by  special  or  general  order  notified  in 
the Official Gazette, require any employer, or employers generally, in any industry 
to- 

1[(i)  maintain  records  of  strikes,  stoppages,  lockouts,  closures  including  lay-
off,  attendance  and  absenteeism, 
turnover,  premises, 
rationalisation, usages and rules of discipline in such form or forms in the 
Appendix  to  these  rules  as  it  may  consider  appropriate  for  such 
industries, and] 

labour 

(ii)  submit  copies thereof to the Commissioner  of  Labour, Bombay, or such 
other  officer  as  may  be  authorised  in  this  behalf  by  the  State 
Government at such times as may be specified in the order; and  

(2)  Commissioner of Labour or the officer authorised under sub- rule (1) may 
then obtain similar data and particulars from any other person who in his opinion, 
is competent to furnish such data and particulars. 

72B.  (1)    Before  holding  an  inquiry  under  section  112,  the  officer  authorised 
under the  said section shall indicate to the employer concerned the particulars in 
respect  of  which  the  accuracy  of  the  records  maintained  by  him  is  to  be  verified 
and  the  officer  shall  allow  him  or  his  representative  to  be  present  during  the 
inquiry; if the employer so desires. 

(2)  The  officer  holding  the  inquiry  shall,  on  demand,  give  the  persons 
concerned  a  written  receipt  for  any  record  or  document  produced  by  him  if  the 
officer considers it necessary to retain such record or document in his possession. 
(3)    Any  record  or  document  retained  under  sub-rule  (2)  shall  be  returned  to 
the person concerned as soon as practicable and in any case on completion of the 
inquiry. 

73.  Before proceeding to hold an inquiry under sub-section (1) of section 112 
the officer authorised by the State Government shall give at least three clear days 
intimation  to  the  employer  concerned.  He  shall  also  specify  in  the  intimation  the 
particular records which he desires to verify. 

74. The notices, under section 116 shall be given in Form Q and shall be sent 

by registered post. 

75. (1)  If in any proceedings before the Registrar, a Conciliator or a Board the 
authority holding the proceeding requires any information in connection with such 
proceeding  in  a  particular  form  he  may  call  upon  the  party  concerned  to  submit 
such information in that form. 

(2)    A  Conciliator  or  a  member  of  a  Board  shall  have  power  after  giving 
reasonable  notice,  to  enter  the  place  or  places  where  the  employees  concerned 
are employed or the office of any union of the premises provided by an employer 
for the residence of his employees for the purpose of holding a proceeding under 
the Act. 

1  Subs. by G.N. of 18.7.1957. 

                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      85 

75A. The information furnished by a party under sub-section (4) of section 118 

shall be verified by an affidavit. 

76.  Whenever  any  letter,  notice,  statement  or  intimation  is  required  to  be 
forwarded or sent under any of these rules by registered post to any person it shall 
be  deemed  to  be  sufficient  compliance  with  the  rules  if  such  letter,  notice, 
statement  or  intimation  is  delivered  by  hand  and  an  acknowledgement  in  writing 
by or on behalf of such person, is obtained in respect of such delivery. 

 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
86 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

FORM A 
[Section 12(a) and Rule 10] 
Register of Representative Unions 

Name 

Address 
of head 
office 

Date of 
registration 

Registered for 

Industry 

Local 
areas 

Date of being 
entered in the 
approved list 

Remarks 

FORM B 
[Section 12(a) and Rule 10] 
Register of Qualified Union 

Name 

Address 
of head 
office 

Date of 
registration 

Registered for 

Industry 

Local 
areas 

Date of being 
entered in the 
approved list 

Remarks 

FORM C 
[Section 12(a) and Rule 10] 
Register of Primary Unions 

Name 

Address 
of head 
office 

Date of 
registration 

Registered for 

Industry 

Local 
areas 

Date of being 
entered in the 
approved list 

Remarks 

FORM D 
[Section 12(b) and Rule 11] 
List of Approved Unions 

Name of 
the union 

Address of 
head office 

Date of entering 
in the approved 
list 

Date of removal from 
the approved list 

Remarks 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      87 

FORM E 
[Sections 13 and 22 and rules 12 and 27] 
Application for Registration of Union 

Name of Union 

Address 

Dated the……………….day of ………………..20……………. 

To, 

1[THE REGISTRAR/ADDITIONAL REGISTRAR, 
  Bombay Industrial Relations Act,] 

Dear Sir, 

I beg to inform you that a general meeting of the members of the above  Union 

                                         meeting of the executive 

which was held at ………………………..on the……………………day of…………20……….   
It  was  decided  that  the  union  should  apply  to you  for registration as  a  Representative 
Qualified 
 Primary 
Union for the ……………………………………………………………industry in the local area,  
of …………………………………………………………. A copy of the resolution signed by the  
President 
I 
have…………………………………………..Chairman…………………………….to 
request 
that the union may be registered accordingly. 

attached 

union 

and 

the 

of 

is 

22. The union is registered as a Representative  

    Union for the  industry 

   Qualified  
     Primary 

in the local area  ……………………….of ……………………under certificate No……………. 

   areas 

dated. 

3.  The  Union  was  registered  under  the  3[*  *  *]  Trade  Unions  Act,  1926,  on 
the…………………….day of……………………...20…………….under certificate No.………... 
issued by 4[the Registrar of Trade Unions]. 

5 [4.  The Union  has the following membership  in the  industry/undertaking  in  the  local 
area of …………………………………for the three calendar  months  immediately preceding 
the calendar month in which this application is made:- 

Month 

Number of members 

Percentage, to the total number of employees in the 
Industry/Undertaking 

1. 

2. 

3. 

1  Subs. by G.N. of 11.12.1965. 
2 To be struck off in the case of unions which have not been previously registered for any local area. 
3  To the word “Indian” omitted by Act, 1938 of 1964 S.3 (w.e.f. 1.4.1965). 
4  Subs. by G.N. of 23.9.1968. 
5  Subs. by G.N. of 11.12.1965. 

 
 
 
 
 
 
 
 
 
 
 
            
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
88 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

5. Copy of the constitution of the union is attached. 
6. The address of the Head Office of the Union to which all communications and notices 

may be addressed is ……….. 

Yours faithfully 
General Secretary/Secretary 

--------- 
FORM F 
(Section 14 and rule 14) 
BOMBAY INDUSTRIAL RELATIONS ACT, 1946 
Certificate of Registration 

Name of Union --- 
Registration Number --- 

 OFFICE OF THE REGISTRAR, 

BOMBAY INDUSTRIAL RELATIONS ACT, 

                BOMBAY 

It is hereby certified that the ……………………………………………………………………… 
Union has been registered under the Bombay Industrial Relations Act, 1946, this……….day 
of ………….20……………..as a…………….union for the ……….industry in the local area of  
1[Seal of the Registrar] 

Registrar, 
Bombay Industrial Relations Act. 

………………. 
2[FORM F-A] 
(Section 16 and rule 14-A) 
Application for Registration of Union in place of another Registered Union 

Name of the Union --- 

To, 

Dated the …………………….day of ………………………20 

Address 

THE REGISTRAR/ADDITIONAL REGISTRAR, 
Bombay Industrial Relations Act. 

Dear Sir, 
     I  beg  to  inform  you  that  at  a  general  meeting  of  the  members  of the above union 
                     meeting of the executive  

which was held at……………………………………………… 
day of………………………20…………………….it  was decided that the  Union should apply 
to you for registration as a Representative 

   Qualified  
   Primary 

union for the 

Industry in the local area of ……………………….in place of………………already registered. 
A copy of the resolution signed by the President …………………………. of Union is 
    Chairman 

attached and I have to request that the Union may be registered accordingly. 
2.  The  Union  is  registered  under  3[*  *  *]  Trade  Unions  Act,  1926,  on  the  day  of 
……………..20………..under certificate No. issued by the Registrar Trade Unions.  

1  Added by G.N. of 23.9.1968.. 
2  Added by G.N. of 11.12.1965. 
3  The word “Indian” omitted by Act, 1938 of 1964 S. 3 (w.e.f. 1.4.1965). 

 
 
 
 
 
 
 
 
 
 
 
 
 
        
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      89 

3. The Union has the following membership in the ** Industry     in the local  

    Undertaking  

area of    

for the last three calendar months:- 

Month 

Number of members 

Percentage,  to  the  total  number  of employees 
in the ** Industry/++ 
         Undertaking   

1. 
2. 
3. 

The Union, therefore, claims a larger membership than the Union already registered for 

the period of above three months. 

1[4.  *The  Union  applies  for  representative  status  under  section  16  of  the  first  time. 

Earlier application was finally disposed of by the Registrar of Unions on + 

Yours faithfully, 
General Secretary] 

* Strike off whichever is not applicable. 
+ Here insert the relevant date. 
** Here insert the name of the industry. 
++ Here insert the name of the undertaking. 

……………….. 
2 [FORM F-B] 
(Section 16 and rule 15-A) 
BOMBAY INDUSTRIAL RELATIONS ACT, 1946 
Certificate of Registration 

Name of Union --- 
Registration No. 

OFFICE OF THE REGISTRAR/ADDITIONAL REGISTRAR 
Bombay Industrial Relation Act 

It 

is  hereby  certified 

the  ……………………………………………..has  been 
registered in the place of the …………………………………………………………………under 
the Bombay Industrial Relations Act, 1946, this……………….day of……………..20……..as 
a………………………… Union for the……………….Industry in the local area of……………. 

that 

3[Seal of the Registrar] 

Registrar/Additional Registrar, 
Bombay Industrial Relations Act.] 

--------------- 
FORM G 
(Section 17 and rule 17) 
Application for re-registration of a Union 

Dated the…………………….day of………………..20 

Name of Union --- 
Address --- 

1  Added by G.N. of 23.9.1968. 
2  Added by G.N. of 11.12.1965. 
3  Added by G.N. of 23.9.1968. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
90 

To, 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

1[THE REGISTRAR/ADDITIONAL REGISTRAR, 
  Bombay Industrial Relations Act.] 

Dear Sir, 
                  I beg to inform you that at a general meeting of the members of the above union 

                          meeting of the executive  

the 

that 

which was held at ……………………on.the…………………….day  of……20…………it  was 
decided 
as  
a  Representative/Qualified/Primary  Union  was  cancelled  on  the    ………………………day 
of………………….20…… 
a 
local  area  of 
Representative/Qualified/Primary  Unions 
……………………………..under section 17 of the Bombay Industrial Relations Act, 1946. A 
copy  of the resolution signed by the President   of union  is attached and I have to  request  

re-registration 
the 

you 
*Industry 

registration 

for 
in 

whose 

should 

Union 

apply 

for 

as 

to 

  Chairman 
that the union may be re-registered accordingly. 

2.  The  union  was  registered  under  2[*  *  *]  Trade  Unions  Act,  1926,  on  the  day  of 
……………………..20…………………………….under  Certificate No…………………………..       
issued by 3[the Registrar Trade Unions].  

4[3. The Union has the following membership in the *Industry/+undertaking in the  local 
area  of  ………………………………………………….for  the  last  three  calendar  months 
immediately preceding the calendar month in which this application is made:- 

Month 

Number of members 

Percentage  to  the  total  number  of  employees  in  the 
Industry/Undertakings 

1. 
2. 
3. 

4. A copy of the constitution of the union is attached. 
5. The address of the head office of the union to which all communications and notices 

may be addressed is 

Yours faithfully, 
General Secretary/Secretary.] 

* Here insert the name of the Industry. 
+ Here insert the name of the Undertaking. 

------------- 
FORM H 
[Section 23(1) and rule 28] 
Applying for being entered in the approved list 

Name of Union --- 
Address --- 

To, 

       Dated the…………………day of…………………20……… 

5[THE REGISTRAR/ADDITIONAL REGISTRAR, 
   Bombay Industrial Relations Act.] 

1  Subs. by G.N. of 11.12.1965. 
2  The word “Indian” omitted by Act, 1938 of 1964 S. 3 (w.e.f. 1.4.1965). 
3  Subs. by G.N. of 23.9.1968. 
4  Subs. by G.N. 11.12.1965. 
5  Subs. by G.N. of 11.12.1965. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      91 

Dear Sir, 
     I  beg  to  state  that  at  a  general  meeting  of  the  members  of the above union which  

               Meeting of the executive 

was  held  at………………………on  the………………….day  of………………20…  it  was 
decided that the union should apply to you for being entered in the approved list of unions 
under  section  23  of  the  Bombay  Industrial  Relations  Act,  1946.  A  copy  of  the  resolution 
signed by the President of this union is attached and the union may be entered in the  
                      Chairman 
approved list for the * …………………………. industry in the local area of……………………. 
2.  The  union  was  registered  under  the  1[* *  *]  Trade Unions  Act,  1926  on  the  day  of 
………………….20………under Certificate No……………………………………………………. 
issued by 2[the Registrar of Trade Unions]. 

3. The union has …………………………………..members in the *……………………… 

industry in the local area of………………………………………… 

4.  The  constitution  of  the  union  provides  for  the  matters mentioned  in  [clauses  (i)  to 
(viii)] of sub-section (1) of section 23 of the Bombay Industrial Relations Act, 1946. A copy 
of the constitution of the union is attached. 

+5.  The  union  is  registered  as  a  Representative/Qualified/Primary  union  under  the 

Bombay Industrial Relations Act, 1946. 
6. The address of the head office of the union to which all communications and notices may 
be addressed is ……………………………………….. 

Yours faithfully, 
General Secretary/Secretary. 

* Here insert the name of the Industry. 
+ To be struck off in case of a union not so registered. 

---------- 
3[FORM H-A] 
[Section 23(4) and rule 28] 

Name of the Union --- 
Address --- 

To, 

Dated the………………………….day of…………………20……… 

THE REGISTRAR/ADDITIONAL REGISTRAR, 
Bombay Industrial Relations Act. 

Dear Sir, 

I  beg  to state that at a General meeting  of the members of the  above union which  

           Meeting of the executive 

which  was  held  at  ………………..on  the…………………day  of…………………20……..  ,  it 
was  decided  that  the  union  should  apply  to  you  for  being  entered  in  the  approved  list  of 
unions  under  section  23(4)  of  the  Bombay  Industrial  Relations  Act,  1946,  in  place 
of………………………which  is already entered in the approved list for industry in  the  local 
area of ……………………….A copy of the resolution signed by the President of  this  union  

is attached and the union may be entered in the approved list  accordingly. 

                    Chairman 

1  The word “Indian” omitted by Act, 1938 of 1964 S. 3 (w.e.f. 1.4.1965). 
2  Subs. by G.N. of 23.9.1968. 
3  Added  by G.N. of 11.12.1965. 

 
 
 
 
 
 
 
 
 
  
 
 
 
 
                                                 
92 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

2. The  union was registered under  the  1[* * *] Trade Unions Act, 1926, on the day of 

………………..20…………under Certificate No. issued by the Registrar of Trade Unions. 

3.  In  the  month  of………………………20…  union  has………………..members  in  the 
industry  in  the  local  area  of  ………………………………..The  union,  therefore  claims  a 
larger  membership  in  the  month  than  that  of  the………………………………union  already 
entered in the approved list. 

4. The constitution of the union provides for the matters mentioned in clauses (i) to (viii) 
of sub-section (1) of section 23 of the Bombay Industrial Relations Act, 1946. A copy of the 
constitution of the union is attached. 

5.  The  union  is  registered  as  a  Representative/Qualified/Primary  union  under  the 

Bombay Industrial Relations Act, 1946. 

6. The address of the head office of the union to which all communications and notices 

may be addressed is :- 

2[7. The Union applies for approved status under section 23(4) for the first time. 
* Earlier application was finally disposed of by the Registrar of Union on+ 

Yours faithfully, 
General Secretary.] 

* Strike off whichever is not applicable. 
+ Here insert the relevant date. 

----------- 
FORM I-A 
[Rule 29(b)] 
Letter of Authority 

                                          Date:…………….. 
Mr. …………………………………………… who is ………………………………………………. 
of the…………………………………………………………………Union, which is an approved 
union under the Bombay Industrial Relations Act, 1946, is authorised by the  
union (in the case of Officer) 

          president in the case of members of the Office staff or on the union  to collect sums 
payable by members to the union on the premises of the following undertaking : 
                                                                                     Undertakings 

     1. 
     2. 
     3. 
     4. 

                                     General Secretary/Secretary  

………………….. 
FORM I-B 
[Rule 33(c)] 
Letter of Authority 

Date:………………….. 
Mr………………………………………………who is………………………………………………..  
of the ………………………………………………………. Union, which is an approved Union 
under the Bombay Industrial Relations Act, 1946, is authorised by Union to meet  and 
discuss with the employer of the following undertaking or any person appointed 
                          employers                         undertakings 
for the purpose of  the   grievance of its members :- 

1  The word “Indian” omitted by Act, 1938 of 1964 S. 3 (w.e.f. 1.4.1965). 
2  Added by G.N. of 23.9.1968. 

 
 
 
                                                                                                                 
                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      93 

1. 
2. 
3. 
4. 

General Secretary/Secretary  

……………. 
FORM I-C 
[Rule 34] 
Letter of Authority 

                                                             Date:………………….. 
Mr……………………………………………………who is…………………………………………  
of the …………………………………………………………………Union, which is an approved 
union under the Bombay Industrial Relations Act, 1946, is authorised by the Union to visit 
the *………………………………………to inspect the + ….. ……………………………...where 
member    of the Union  is   employed 
members                       are 

General Secretary/Secretary  

* Here insert the name of the undertaking. 
+ Here insert the place to be inspected. 

…………… 
FORM J 
(Section 27 and rule 36) 
Application for recognition of Association of Employers 

Name of Association-  ……………………………     Address –……………………………….. 

Dated the……………… day of……………. 20……. 

To   

  1[The REGISTRAR/ADDITIONAL REGISTRAR, 
   Bombay Industrial Relations Act.] 

Dear Sir, 
     I  beg  to  inform  you  that  at  a meeting  of  the  *Managing  Committee  of this  Association 
which  was  held  at……………………………………......................on  the……………………                                                    
day of……………………………..20……………………….it was decided that this Association 
should  apply  to  Government  for  recognition  as  an  association  of  employers  for  the 
.................................................................................................   * Industry for the local   area 
                                                                                                                                        areas 
of…………………………….…………………………………………………for  the  purposes  of 
the Bombay Industrial Relations Act, 1946. 

2.  The  Association  has  for  one  of  its  object  the  regulation  of  the  conditions  of 
employment  in  the  industry  conducted  or  carried  on  by  its  members.  The  names  of  the 
members in the industry in the local area for which the application is made together                                                 
                                                         areas 
with their addresses are given in the Annex attached to this applications.     

3. I enclose a copy of the Constitution/Memorandum of Association of the Association. 

                                               Secretary 
*  Or  the  body  by  whatever  name  called,  to  which  the  management  of      the  affairs  of the 
Association is entrusted. 
*Here insert the name of the industry. 

Yours faithfully,          

1  Subs. By G.M of 11.12.1965. 

 
 
 
 
 
 
                                                              
 
 
    
 
                                                 
94 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

ANNEX 
List of members of the Association 

Name of the 
employer 

(1) 

Address 

(2) 

Name of the 
Undertaking 

(3) 

Address of the 
Undertaking 

(4) 

…………….. 
FORM K 
(Section 42 (1) and rule 51) 
Notice of charge to be given by an employer 

Name of employer …………………………………  Address –………………………………… 
                                                           Dated the ……………………..day of……………20….. 

To   
            (The representative of employees) 
Dear Sir/Madam, 

     In  accordance  with  the  provisions  of  sub-section  (I)  of  section  42  of  the 

Bombay  Industrial  Relations Act,  1946   I    beg  to  inform you  that  it  is  my  intention  to          
                                                                 we                                                  our 
effect the change specified in the Annex to this letter. 
                Changes 

                                                                                                                                  (*) 

* Here insert the position which the person who signs this letter   holds with the employer issuing this 
letter. 

Yours faithfully, 

ANNEX 
Statement of the case 

………………. 
FORM L 
[Section 42(2) and rule 52] 
Notice of change to be given by employee to employer 

Name of the representative of employees - ………………………………………………………. 

                                                            Dated the………………….. day of………………20…... 

Address -…………………………………….. 

To, 
           (The name of employer) 

Dear Sir/Sirs, 

In    accordance  with  the  provisions  contained  in  sub-section    (2)  of  section  42  of 
the Bombay  Industrial  Relations  Act,  1946,    I     hereby   beg   to   give  you  notice  that  

                                                            We 
I      desire a   change  specified in the Annex to this letter. 
we                 changes 

Yours faithfully, 
                                      Representative of employees. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      95 

ANNEXURE 
 Statement of the case 

FORM M 
[Section 52(2) and rule 61)] 
Special intimation to the Conciliator 

Name of the                        employer      
                                      Registered Union 

Address 
To                                                                                                               Date……………….   

The Conciliator for the…………………………………….industry for the local area     
of……………………………………………………………………………………………………….. 

Dear Sir, 

   I      beg  to  inform  you  that  the  change  mentioned in  Annex I, being  a change in  

        We 
respect of a matter not specified  in Schedule I or III of the Act, was proposed in the Joint 
Committee but no agreement has been arrived at in respect thereof. 
     I      desire that the change as                  proposed in Annex I                should be made. 
   We                                                      now modified and shown in Annex II 

2.   A full statement of the case is given in Annex III. 
3.   The number of employees likely to be affected by the dispute      is........................... 

Yours faithfully, 

      Annex I                                                       Annex II                                  Annex III  
Change proposed in                             Change as modified                  Full statement of the 
the Joint Committee                                                                                                    case. 

……………… 
FORM N 
[Section 54(1) and rule 62] 
Report of Industrial dispute 

Name   of       the   employer      
                   representative of employees 
Address ……………………………..Dated the…………………….day of ……………….20. 

To  

The Conciliator for the local area for the industry concerned. 
The Chief Conciliator, Bombay Industrial Relations Act, Bombay. 
The Registrar, Bombay Industrial Relations Act, Bombay. 

Dear Sir, 

In   continuation  of  the  copy  of  the  notice  which        I        forwarded   to  you   on 

          we 

the ......... …………     I         beg  to  inform you that it has not been  possible  to reach  an  
                                  we 
agreement  with   the     representative of the employees        and    that    I      still   desire 
                                    the name of the employer concerned              we     
that the ………………………………change       proposed by that notice should be effected. 
                                                        changes   

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
96 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

2. A full statement of the case is given in the Annexure...... 
3.  The number of employees likely to be affected by the dispute is .............. 

*  Here insert the position which the person who signs this letter holds with the employer or association 
of employees. 

Yours faithfully, 
Representative of employees* 

ANNEXURE 
Full statement of the case 

FORM O 
[Section 58(1) and (4A) and rule 64] 
Memorandum of Settlement 

(1)  Representing Employers : 
(2)  Representing Employees : 

Short recital of the case 
Terms of Settlement 

Signatures of the Conciliator. ………………………….......Signatures of the parties………… 

------------------ 
FORM P 
[Section 79(2) and rule 71] 
Application under section 79(1) 

[Expect in the case of special application under sub-section (3) of section 52]. 

                                                                  In the Labour Court at........................................... 

                                              Application No. …………………………….of 20 

               Employer    

                             Registered Union 
Name of the         Employee                                                                                    Applicant 
                             Labour Officer. 

Postal Address: 

Versus 

               Employer    

                             Registered Union 
Name of the         Employee                                                                                   Opponent. 
                             Labour Officer. 

Postal address : 

In the matter of........................................................................................................................ 
…………………………………………………………………………………………………………
………………………………………………………………………………………………………..... 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      97 

The applicant respectfully submits : 

     (1)  That 
     (2)  That 
     (3)  That 
The applicant, therefore, prays that the Court may be pleased to decides  
     1. 
     2. 
     3. 
The  applicant  begs  leave  to  amend  or  add to  or  make  alteration  in  the  application  if  and 
when necessary. 

Dated 

                        Signature or thumb impression of applicant. 

The applicant does solemnly declare that what is stated above is true to the best of his 

knowledge, belief and information. 

This verification is signed at                                                                  on 

                  Signature or thumb impression of applicant. 

………………. 
FORM Q 
[Section 116(1) and rule 74] 

                                             Agreement 
Notice of termination of  Settlement 
                                           Award 

Date………………..  

To 

Dear Sir/Sirs, 
                                                                                                                               Agreement 
I         here   by      give you notice that       I           propose to  terminate     the    Settlement  
we   
dated ……………………………………..regardi  ng……………………….…………….........on 
the expiry of two months from the date of the notice. 

                                                    we                                                         Award 

Yours faithfully 

* Here insert position which the person who signs this letter holds with the employer or name or names 
of the representative of employees as the case may be. 

……………… 

 
 
 
 
 
 
 
 
 
 
 
 
                                                                                                                             
 
 
 
 
 
 
 
 
 
98 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

FORM I  
(Rule 72 A) 
STRIKES, STOPPAGES, LOCK-OUT AND CLOSURE INCLUDING LAY-OFF 

This return should be sent by the employer within 7 days of the occurrence of a strike, stoppage , lock-out, closure* or lay – off should be followed 
by weekly return to  be sent on every 7th day from the date of occurrence till the strike etc. is terminated. 

Name and address of the undertaking:- 
Whether closure, lay 
of, Lock-out, strike or 
Stoppage 

Department(s) 
affected and total 
strength of the 
undertaking 

No of working 
days in the 
period 
covered by 
columns (3) 
and (4)           

Reason for  
Closure, 
stoppage, 
etc., referred 
to in column 
(1)          

Date and time 
(inclusive) 

From 
+ 

To 
+ 
+ 

Number of employees affected+ 

Directly 
III 
shift 

II 
shift 

I 
shift 

Total 

I 
shift 

Indirectly 
III 
shift 

II 
shift 

Total 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

(14) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      99 

FORM I – contd… 

Total of 
col. (10) 
and (14) 

In case of Strike 
No. of new 
workmen 
recruited, if any, 
day by day 

Average wages 
inclusive of 
allowances per 
employee in 
whole 
undertaking  

No. of 
employees 
laid-off 

Compensation paid, if any, for period of 
closure or lay-off 

No. of 
employees 
receiving 

The period of 
closure or lay-
off for which 
paid 

Amount paid 

When strike or lock-
out is terminated, 
manner of 
settlement\\ 

No. of employees 
out of those referred 
to in columns (7) to 
(15) re
termination of strike 
or closure or lock

(15) 

(16) 

(17) 

(18) 

(19) 

(20) 

(21) 

(22) 

Date…….. 

(Signatute)
Occupier/Manager

*Terms “strike, stoppage, lock-out and closure“ have the sam e meaning as is given to them under the Bombay Industrial Relations Act, 1946. 
+ The starting date and time of the stoppage or closure should be shown here. 
++  If  the  strike/stoppage  /  closure  /  lock-out  continued  during  the  period  of  the  return,  please  write  “continuous”. When  terminated,  please  give  date  and  time  of 
termination. 
$ Reasons given should be specified, such  as, trade reasons, shortage of raw materials, financial crises, reasons  beyond control like fire, catastrophe, break
of machinery, stoppage of power supply etc. 
In the case  of  strike, closure,  lock-out  or stoppage, the  total number  of  employees  not  on work  from  day  to  day during the  period  of the  report  should be show  in 
columns (7) to (15). . The dates may be shown one below the other vertically in col.(3)  
+ “Indirectly affected” means rendered idle owing to stoppage of departments or shift engaged in connected process. 
\\  Manner  of  settlement  may  be  described  as  compromise,  management  conceding  the  demands  wholly,  workman  returning  unconditionally  to  work,  negotiated 
settlement or settlement by arbitration or conciliations, etc. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
100 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

Industry 
and area 

Number of 
returns 

Total number 
of manshifts 
schedule to 
work 

Total number of 
manshifts absent 

Sickness or 
accidents 

(1) 

(2) 

(3) 

(4) 

(5) 

Social or 
religious 
causes 
(6) 

Precentage of absenteesism due to 

Other causes 

with leave 
(7) 

without leave 
(8) 

1[FORM II 
(Rule 72 A) 

Note:   (a) The information should relate to regular employees i. e employees of all categories excluding badlies or substitutes. 
            (b) (i) The information regarding absenteeism should relate to voluntary absenteeism due to illness, family troubles, fatigue and such other indiv

of particular employees. (ii) Involuntary  absenteeism is to be excluded for the purpose  of the staticistics. In view  of this (i) employees who  are laid off 
by rotation  or  laid–off for  a certain  period  or  indefinitely  on  any  account  and (ii)  employees  retrenched  or  reduced, (iii)  employees  on strike  a
employees on authorised leave, cannot be considered as absence and hence their number should not be included. 

             (c)  The  figures  of  the  daily  number  of  absentees  recorded  should  relate  to  the  actual  number  of  employees  who  are  absent  and  not  to  the  number  of 
vacancies i.e  if 50 regular employees  are absent  on  a particular day and if 30  badlies  or substitutes are employed in their place, the figure to be taken 
for that day should be 50 and not 20, (50 vacancies – 30 substitutes)]  

1 Subs. by G.N. of 1-4-1960. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947 

      101 

FORM III 
(Rule 72 A) 
LABOUR TURNOVER 

Industry -  
Name and address of the undertaking – 

                      Month - 

Year- 

Category of 
employees 

Total number of employees 
on Muster-Roll in the 
months 

On 1st 
working day 

On last 
working day 

Size of Work-force 

New employees recruited 
during the month 
(Accessions) 

Employees discontinued during 
the month (Separations)

Daily average number of the 
employees who actually worked 
during the month 

Total 
No. 

Percentage of 
Column (5) to 
column (4) 

Total 
No. 

Percentage of Col. 
(7) to Col. (4)

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(a) 
(b) 

Permanent, Probationer and temporary 
Badlies or substitutes 

Notes-(1) For the purpose of this Form ‘employee’ has the same meaning as defined in sec. 3(13) of the Bombay Industrial Relations Act, 1946. 

    (2)  The  figure  in  Col.  (4)  is  to  be  arrived  at  by  adding  the  number  of  employees  actually  at  work  from  day  to  day  in  the  whole  month  and  dividing  th

total number of working days. 

    (3)  In  accessions,  new  employees  do  not  include  old  employees  of  the  undertaking  who  have  been  reinstated,  unless  they  are  previously  included  in 

separations. 

  (4) Figures in Cols. (6) and (8) not to be worked out by the undertaking. 

Definitions – 

Accessions -    Are all additions to the work-force of new employees. 
Separations  –  Are  termination  of  service  by  way  of  discharges,  dismissals,  death  and  quits.  Quits  are  voluntary  leaving  of  service  by  the  employees 
retirement,  etc.

job  elsewhere,  dissatisfaction  with  existing 

ill  health,  voluntary 

                                        because  of  acceptance  of 

job, 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Year: 

102 

THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 

FORM IV 
PREMISES 

Name and address of the undertaking: 
Quarter ending 

Total area covered by your industrial premises. 
Total area occupied by factory structures. 

I. 
II. 
III.  Total area not built upon. 
IV.  Total area occupied by - 
(a)  Dispensary 
(b)  Canteen 
(c)  Wash-places 
(d)  Toilet facilities 
(e)  Library and Reading-room 
(f)  School 
(g)  Crèche 
(h)  Any other amenities (specify). 
V.  Housing [Provided by employer(s)]- 

(a)  Number of chawls and distance from factory: 
(b)  Whether electricity provided: 
if so, what extra rent or charge, if any, is levied- 
per 1-room tenement. 
(i) 
(ii)  per 2-room tenement. 
(c)  Sanitary arrangements - 

type of latrines provided. 

(d)  Total area of all accommodation. 
(e)  Number of 2-room tenements and area thereof. 
(f)  Number of 1-room tenements and area thereof. 
(g)  Rent per month - 

per single-room. 

(i) 
(ii)  per two-room. 

(h)  Total number of persons occupying 2-room tenements. 
(i)  Total number of persons occupying 1-room tenements. 
(j)  Number of outsiders (other than your own workers residing in your chawls) 
(k)  Number of 

(i) Single-room tenements. 

(ii) Two-room tenements 

Date : 

Latrines 

Urinals 

Water-
taps 

Washing 
Places 

per floor 

(Signature) 
(Designation) 

* if any. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               THE BOMBAY INDUSTRIAL RELATIONS RULES, 1947                          103 

FORM V 
RATIONALISATION, USAGES, RULES 

Name and address of the undertaking: 
Year ending 

During the year under reference:- 

(1)  Have  you 

introduced  any  rationlisation  or 

efficiency methods in the undertaking? 
If so, give details. 

(2)  Have  any  customary  concessions  or  privileges 
been withdrawn or any changes in usages been 
introduced  in  the  undertaking?  If  so,  give 
details. 

(3)  Have  may  new 

rules  of  discipline  been 
introduced  or  any  alteration  in  existing  rules 
made? If so give details. 

Date : 

………………….. 

(Signature) 

(Designation) 

 
 
 
 
 
 
 
 
 
 
 
 
 
