THE INDUSTRIAL DISPUTES ACT, 1947 
____________ 

ARRANGEMENT OF SECTIONS 
____________ 

CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. 

CHAPTER II 
AUTHORITIES UNDER THIS ACT 

3.  Works Committee. 
4.  Conciliation officers. 
5.  Board of Conciliation. 
6.  Courts of Inquiry. 
7.  Labour Courts. 
7A. Tribunals. 
7B. National Tribunals. 
7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals. 
7D. Qualifications, terms and conditions of service of Presiding Officer. 
8.  Filling of vacancies. 
9.  Finality of orders constituting Boards, etc. 

CHAPTER IIA 
NOTICE OF CHANGE 

9A. Notice of change. 
9B. Power of Government to exempt. 

CHAPTER IIB 
REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES 

9C. Setting up of Grievance Settlement Authorities and reference of certain individual disputes to 

such authorities. 

CHAPTER III 
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS 

10.  Reference of disputes to Boards, Courts or Tribunals. 
10A. Voluntary reference of disputes to arbitration. 

1 

 
 
 
 
 
 
 
CHAPTER IV 
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES 

SECTIONS 

11.  Procedure and powers of conciliation officers, Boards, Courts and Tribunals. 
11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of 

discharge or dismissal of workmen. 

12.  Duties of conciliation officers. 
13.  Duties of Board. 
14.  Duties of Courts. 
15.  Duties of Labour Courts, Tribunals and National Tribunals. 
16.  Form of report or award. 
17.  Publication of reports and awards. 
17A. Commencement of the award. 
17B. Payment of full wages to workman pending proceedings in higher courts. 
18.  Persons on whom settlements and awards are binding. 
19.  Period of operation of settlements and awards. 
20.  Commencement and conclusion of proceedings. 
21.  Certain matters to be kept confidential. 

CHAPTER V 
STRIKES AND LOCK-OUTS 

22.  Prohibition of strikes and lock-outs. 
23.  General prohibition of strikes and lock-outs. 
24.  Illegal strikes and lock-outs. 
25.  Prohibition of financial aid to illegal strikes and lock-outs. 

CHAPTER VA 
LAY-OFF AND RETRENCHMENT 

25A. Application of sections 25C to 25E. 
25B. Definition of continuous service. 
25C. Right of workmen laid-off for compensation. 
25D. Duty of an employer to maintain muster rolls of workmen. 
25E. Workmen not entitled to compensation in certain cases. 
25F. Conditions precedent to retrenchment of workmen. 
25FF. Compensation to workmen in case of transfer of undertakings. 
25FFA. Sixty days’ notice to be given of intention to close down any undertaking. 
25FFF. Compensation to workmen in case of closing down of undertakings. 
25G. Procedure for retrenchment. 
25H. Re-employment of retrenched workmen. 
25-I. [Repealed.] 
25J. Effect of laws inconsistent with this Chapter. 

2 

 
 
 
 
 
 
CHAPTER VB 
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN 
ESTABLISHMENTS 

SECTIONS 

25K. Application of Chapter VB. 
25L. Definitions. 
25M. Prohibition of lay-off. 
25N. Conditions precedent to retrenchment of workmen. 
25-O. Procedure for closing down an undertaking. 
25P. Special provision as to restarting of undertakings closed down before commencement of the 

Industrial Disputes (Amendment) Act, 1976. 

25Q. Penalty for lay-off and retrenchment without previous permission. 
25R. Penalty for closure. 
25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter 

applies. 

CHAPTER VC 
UNFAIR LABOUR PRACTICES 

25T. Prohibition of unfair labour practice. 
25U. Penalty for committing unfair labour practices. 

CHAPTER VI 
PENALTIES 

26.  Penalty for illegal strikes and lock-outs. 
27.  Penalty for instigation, etc. 
28.  Penalty for giving financial aid to illegal strikes and lock-outs. 
29.  Penalty for breach of settlement or award. 
30.  Penalty for disclosing confidential information. 
30A. Penalty for closure without notice. 
31.  Penalty for other offences. 

CHAPTER VII 
MISCELLANEOUS 

32.  Offence by companies, etc. 
33.  Conditions of service, etc., to remain unchanged under certain circumstances during pendency of 

proceedings. 

33A. Special provision for adjudication as to whether conditions of service, etc., changed during 

pendency of proceedings. 

33B. Power to transfer certain proceedings. 
33C. Recovery of money due from an employer. 
34.  Cognizance of offences. 
35.  Protection of persons. 
36.  Representation of parties. 
36A. Power to remove difficulties. 
36B. Power to exempt. 
37.  Protection of action taken under the Act. 
38.  Power to make rules. 

3 

 
 
 
 
SECTIONS 

39.  Delegation of powers. 
40.  Power to amend Schedules. 

THE  FIRST  SCHEDULE.—INDUSTRIES  WHICH  MAY  BE  DECLARED  TO  BE  PUBLIC  UTILITY 

SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (n) OF SECTION 2. 

THE SECOND SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS. 
THE THIRD SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS. 
THE FOURTH SCHEDULE.—CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE 

GIVEN. 

THE FIFTH SCHEDULE.—UNFAIR LABOUR PRACTICES. 

4 

 
 
 
 
 
 
 
 
 
 
THE INDUSTRIAL DISPUTES ACT, 1947 
ACT NO. 14 OF 19471  

An  Act  to  make  provision  for  the  investigation  and  settlement  of  industrial  disputes,  and  for 

certain other purposes. 

WHEREAS it is expedient to make provision for the investigation and settlement of industrial disputes, 

and for certain other purposes hereinafter appearing; 

It is hereby enacted as follows:— 

[11th March, 1947.]  

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Industrial Disputes Act, 

1947. 

2[(2) It extends to the whole of India: 

3* 

 * 

 * 

 *  

*] 

(3) It shall come into force on the first day of April, 1947. 

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 

(a) “appropriate Government” means— 

(i) in relation to any industrial dispute concerning  4*** any industry carried on by or under 
the authority of the Central Government, 5*** or by a railway company 6[or concerning any such 
controlled  industry  as  may  be  specified  in  this  behalf  by  the  Central  Government]  7***  or  in 
relation  to  an  industrial  dispute  concerning  8[9[10[11[a  Dock  Labour  Board  established  under 
section  5A  of  the  Dock  Workers  (Regulation  of  Employment)  Act,  1948  (9  of  1948),  or  12[the 
Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 
1956 (1 of 1956)], or the Employees’ State Insurance Corporation established under section 3 of 
the  Employees’  State  Insurance  Act,  1948  (34  of  1948),  or  the  Board  of  Trustees  constituted 
under  section  3A  of  the  Coal  Mines  Provident  Fund  and  Miscellaneous  Provisions  Act,  1948 
(46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under 
section  5A  and  section  5B,  respectively,  of  the  Employees’  Provident  Fund  and  Miscellaneous 
Provisions Act, 1952 (19 of 1952),  13***, or the Life Insurance Corporation of India established 
under  section  3  of  the  Life  Insurance  Corporation  Act,  1956  (31  of  1956),  or  14[the  Oil  and 
Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)], or the 

1.  This  Act  has  been  extended  to  Goa,  Daman  and  Diu  by  Reg.  12  of  1962,  s.  3  and  the  schedule  (w.e.f.  19-12-1962);  to 
Pondicherry by Reg. 7 of 1963 (w.e.f. 1-10-1963); and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and 
the Schedule. 

2. Subs. by Act 36 of 1956, s. 2, for the sub-section (2) (w.e.f. 29-8-1956). 
3. Omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 
4. Certain words omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 
5. The words “by the Federal Railway Authority” omitted by the A.O. 1948. 
6. Ins. by Act 65 of 1951, s. 32. 
7. The words “operating a Federal Railway” omitted by the A.O. 1950. 
8. Ins. by Act 47 of 1961, s. 51 and the Second Schedule, Part III (w.e.f. 1-1-1962). 
9. Subs. by Act 36 of 1964, s. 2, for “the Deposit Insurance Corporation established” (w.e.f. 19-12-1964). 
10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). 
11. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 
12. Subs. by Act 24 of 1996, s. 2, for “the Industrial Finance Corporation of India established under section 3 of the Industrial 

Finance Corporation Act, 1948 (15 of 1948)” (w.e.f. 11-10-1995). 

13.  The  words  and  figures  “or  the  “Indian  Airlines”  and  “Air  India”  Corporations  established  under  section  3  of  the  Air 

Corporations Act, 1953 (27 of 1953)” by s. 2, ibid. (w.e.f. 11-10-1995). 

14. Subs. by Act 24 of 1996, s. 2, for “the Oil and Natural Gas Commission established under section 3 of the Oil and Natural 

Gas Commission Act, 1959 (43 of 1959)” (w.e.f. 11-10-1995). 

5 

 
 
 
 
 
 
 
 
 
                                                           
Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit 
Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing 
Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), 
or  the  Unit  Trust  of  India  established  under  section  3  of  the  Unit  Trust  of  India  Act,  1963  
(52  of  1963),  or  the  Food  Corporation  of  India  established  under  section  3  or  a  Board  of 
Management  established  for  two  or  more  contiguous  States  under  section  16  of  the  Food 
Corporations  Act,  1964  (37  of  1964),  or  1[the  Airports  Authority  of  India  constituted  under 
section 3 of the Airports Authority of India Act, 1994 (55 of 1994)], or a Regional Rural Bank 
established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export 
Credit  and  Guarantee  Corporation  Limited  or  the  Industrial  Reconstruction  Bank  of  India  2[the 
National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 
of 1987)], or 3[4[an air transport service, or a banking or an insurance company], a mine, an oil-
field] 5[, a Cantonment Board,] or a  6[major port, any  company in which not less than fifty-one 
per cent. of the paid-up share capital is held by the Central Government, or any corporation, not 
being  a  corporation  referred  to  in  this  clause,  established  by  or  under  any  law  made  by 
Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal 
undertaking and autonomous bodies owned or controlled by the Central Government, the Central 
Government, and] 

7[(ii) in relation to any other industrial dispute, including the State public sector undertaking, 
subsidiary  companies  set  up  by  the  principal  undertaking  and  autonomous  bodies  owned  or 
controlled  by  the  State  Government,  the  State  Government:  Provided  that  in  case  of  a  dispute 
between  a  contractor and the  contract labour  employed  through  the contractor  in  any  industrial 
establishment  where  such  dispute  first  arose,  the  appropriate  Government  shall  be  the  Central 
Government or the State Government, as the case may be, which has control over such industrial 
establishment;] 
6[(aa) “arbitrator” includes an umpire;] 
8[ 9[(aaa)] “average pay” means the average of the wages payable to a workman— 

(i) in the case of monthly paid workman, in the three complete calendar months, 
(ii) in the case of weekly paid workman, in the four complete weeks, 
(iii) in the case of daily paid workman, in the twelve full working days, 

preceding  the  date  on  which  the  average  pay  becomes  payable  if  the  workman  had  worked  for  three 
complete calendar months or four complete weeks or twelve full working days, as the case may be, and 
where such calculation cannot be made, the average pay shall be calculated as the average of the wages 
payable to a workman during the period he actually worked;] 

10[(b)  “award”  means  an  interim  or  a  final  determination  of  any  industrial  dispute  or  of  any 
question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and 
includes an arbitration award made under section 10A;] 

11[(bb)  “banking  company”  means  a  banking  company  as  defined  in  section  5  of  the  Banking 
Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, 
and  includes  12[the  Export-Import  Bank  of  India,]  13[the  Industrial  Reconstruction  Bank  of  India,] 

1. Subs. by Act 24 of 1996, s. 2,  for “the International Airports Authority of India constituted under section 3 of the International 

Airports Authority of India Act, 1971 (48 of 1971)” (w.e.f. 11-10-1995). 
2. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988). 
3. Subs. by Act 54 of 1949, s. 3, for “a mine oil-field”. 
4. Subs. by Act 24 of 1996, s. 2, for “a banking or an insurance company” (w.e.f. 11-10-1996). 
5. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 
6. Subs. by Act 24 of 2010, s. 2, for “major port, the Central Government, and” (w.e.f  15-9-2010). 
7. Subs. by s. 2, ibid., for sub-clause (ii) (w.e.f. 15-9-2010). 
8. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 
9. Clause (aa) re-lettered as clause (aaa) by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 
10. Subs. by Act 36 of 1956, s. 3, for clause (b) (w.e.f. 10-3-1957). 
11. Subs. by Act 38 of 1959, s. 64 and the third Schedule, Part II, for clause (bb). 
12. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 4-1-1982).  
13. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985). 

6 

 
                                                           
1[2***,]  3[the Small Industries Development Bank of India established under section 3 of the Small 
Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of India, the State 
Bank of  India  4[, a corresponding new bank constituted under section 3 of the Banking Companies 
(Acquisition  and  Transfer  of  Undertakings)  Act,  1970  (5  of  1970)  5[,  a  corresponding  new  bank 
constituted  under  section  3  of  the  Banking  Companies  (Acquisition  and  Transfer  of  Undertakings) 
Act, 1980 (40 of 1980), and any subsidiary bank]] as defined in the State Bank of India (Subsidiary 
Banks) Act, 1959 (38 of 1959);] 

(c) “Board” means a Board of Conciliation constituted under this Act; 
6[(cc) “closure” means the permanent closing down of a place of employment or part thereof;] 
(d) “conciliation officer” means a conciliation officer appointed under this Act; 
(e) “conciliation proceeding” means any proceeding held by a conciliation officer or Board under 

this Act; 

7[(ee)  “controlled  industry”  means  any  industry  the  control  of  which  by  the  Union  has  been 

declared by any Central Act to be expedient in the public interest;] 

8* 

 * 

 * 

 *  

* 

(f) “Court” means a Court of Inquiry constituted under this Act; 

(g) “employer” means,— 

(i) in relation to an industry carried on by or under the authority of any department of  9[the 
Central Government or a State Government], the authority prescribed in this behalf, or where no 
authority is prescribed, the head of the department; 

(ii)  in  relation  to  an  industry  carried  on  by  or  on  behalf  of  a  local  authority,  the  chief 

executive officer of that authority; 

 10[(gg)  “executive”,  in  relation  to  a  trade  union,  means  the  body,  by  whatever  name  called,  to 

which the management of the affairs of the trade union is entrusted;] 

11* 

 * 

* 

* 

 * 

(i)  a  person  shall  be  deemed  to  be  “independent”  for  the  purpose  of  his  appointment  as  the 
chairman  or  other  member  of  a  Board,  Court  or  Tribunal,  if  he  is  unconnected  with  the  industrial 
dispute  referred  to  such  Board,  Court  or  Tribunal  or  with  any  industry  directly  affected  by  such 
dispute: 

12[Provided that  no  person  shall  cease to be  independent  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 appropriate Government the nature and 
extent of the shares held by him in such company;] 

1. Ins. by Act 18 of 1964, s. 38 and the Second Schedule, Part II (w.e.f. 1-7-1964). 
2. The words “the Industrial Development Bank of India” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).  
3. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (date to be notified). 
4. Subs. by Act 5 of 1970, s. 20, for “and any subsidiary bank” (w.e.f. 19-7-1969). 
5. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15-4-1980). 
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 
7. Ins. by Act 65 of 1951, s. 32. 
8. Omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 
9. Subs. by the A.O. 1948, for “a Government in British India”. 
10. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). 
11. Clause (h) omitted by the A.O. 1950. 
12. Ins. by Act 18 of 1952, s. 2. 

7 

 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
                                                           
1[(j) “industry” means any business, trade, undertaking, manufacture or calling of employers and 
includes  any  calling,  service,  employment,  handicraft,  or  industrial  occupation  or  avocation  of 
workmen; 

(k)  “industrial  dispute”  means  any  dispute  or  difference  between  employers  and  employers,  or 
between employers and workmen, or between workmen and workmen, which is connected with the 
employment or non-employment or the terms of employment or with the conditions of labour, of any 
person; 

2[(ka) “industrial establishment or undertaking” means an establishment or undertaking in which 

any industry is carried on: 

Provided that where several activities are carried on in an establishment or undertaking and only 

one or some of such activities is or are an industry or industries, then,— 

(a)  if  any  unit  of  such  establishment  or  undertaking  carrying  on  any  activity,  being  an 
industry, is severable from the other unit or units of such establishment or undertaking, such unit 
shall be deemed to be a separate industrial establishment or undertaking; 

(b)  if  the  predominant  activity  or  each  of  the  predominant  activities  carried  on  in  such 
establishment or undertaking or any unit thereof is  an industry and the other activity or each of 
the other activities carried on in such establishment or undertaking or unit thereof is not severable 
from  and  is,  for  the  purpose  of  carrying  on,  or  aiding  the  carrying  on  of,  such  predominant 
activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof 
shall be deemed to be an industrial establishment or undertaking;] 

3[(kk) “insurance company” means an insurance company as defined in section 2 of the Insurance 

Act, 1938 (4 of 1938), having branches or other establishments in more than one State;] 

1. Clause (j) shall stand substituted as follows when clause (c) of section 2 of the Industrial Disputes (Amendment) Act, 1982 

(46 of 1982) will come into force:— 

(j)  “industry”  means  any  systematic  activity  carried  on  by  co-operation  between  an  employer  and  his  workmen 
(whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for 
the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or 
wishes which are merely spiritual or religious in nature), whether or not,— 

(i) any capital has been invested for the purpose of carrying on such activity; or  
(ii) such activity is carried on with a motive to make any gain or profit,  

and includes— 

(a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of 

Employment) Act, 1948 (9 of 1948); 

(b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does 

not include— 

(1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any 
other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is 
the predominant one. 

Explanation:—For the purposes of this sub-clause, “agricultural operation” does not include any activity carried on in a 

plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); or 

(2) hospitals or dispensaries; or 
(3) educational, scientific, research or training institutions; or 
(4)  institutions  owned  or  managed  by  organisations  wholly  or  substantially  engaged  in  any  charitable,  social  or 

philanthropic service; or 

(5) khadi or village industries; or 
(6) any activity of the Government relatable to the sovereign functions of the Government including all the activities 

carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or 

(7) any domestic service; or 
(8)  any  activity,  being  a  profession  practised  by  an  individual  or  body  of  individuals,  if  the  number  of  persons 

employed by the individual or body of individuals in relation to such profession is less than ten; or 

(9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if 
the  number  of  persons  employed  by  the  co-operative  society,  club  or  other  like  body  of  individuals  in  relation  to  such 
activity is less than ten; 

2. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 
3. Ins. by Act 54 of 1949, s. 3. 

8 

 
                                                           
1[(kka) “khadi” has the meaning assigned to it in clause (d) of section 2 of the Khadi and Village 

Industries Commission Act, 1956 (61 of 1956);] 

2[3[(kkb)] “Labour Court” means a Labour Court constituted under section 7;] 

4[(kkk)  “lay-off”  (with  its  grammatical  variations  and  cognate  expressions)  means  the  failure, 
refusal  or  inability  of  an  employer  on  account  of  shortage  of  coal,  power  or  raw  materials  or  the 
accumulation  of  stocks  or  the  break-down  of  machinery  5[or  natural  calamity  or  for  any  other 
connected reason] to give employment to a workman whose name is borne on the muster rolls of his 
industrial establishment and who has not been retrenched. 

Explanation.—Every  workman  whose  name  is  borne  on  the  muster  rolls  of  the  industrial 
establishment and who presents himself for work at the establishment at the time appointed for the 
purpose  during  normal  working  hours  on  any  day  and  is  not  given  employment  by  the  employer 
within  two  hours  of  his  so  presenting  himself  shall  be  deemed  to  have  been  laid-off  for  that  day 
within the meaning of this clause: 

Provided that if the workman, instead of being given employment at the commencement of any 
shift for any day is asked to present himself for the purpose during the second half of the shift for the 
day and is given employment then, he shall be deemed to have been laid-off only for one-half of that 
day: 

Provided further that if he is not given any such employment even after so presenting himself, he 
shall  not  be  deemed  to  have  been  laid-off  for  the  second  half  of  the  shift  for  the  day  and  shall  be 
entitled to full basic wages and dearness allowance for that part of the day;] 

(l)  “lock-out”  means  the  6[temporary  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; 

7[(la) “major port” means a major port as defined in clause (8) of section 3 of the Indian Ports 

Act, 1908 (15 of 1908); 

(lb) “mine” means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 

1952 (35 of 1952)]; 

2[(ll) “National Tribunal” means a National Industrial Tribunal constituted under section 7B;] 
8[(lll) “office bearer”, in relation to a trade union, includes any member of the executive thereof, 

but does not include an auditor;] 

(m) “prescribed” means prescribed by rules made under this Act; 

(n) “public utility service” means— 

(i) any railway service  7[or any transport service for the carriage of passengers or goods by 

air]; 

 8[(ia) any service in, or in connection with the working of, any major port  9[or dock or any 

industrial establishment or unit engaged in essential defence services];] 

(ii)  any  section  of  an  industrial  establishment,  on  the  working  of  which  the  safety  of  the 

establishment or the workmen employed therein depends; 

(iii) any postal, telegraph or telephone service; 

(iv) any industry which supplies power, light or water to the public; 

(v) any system of public conservancy or sanitation; 

1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 
2. Ins. by Act 36 of 1956, s. 3 (w.e.f. 10-3-1957). 
3. Clause (kka) re-lettered as clause (kkb) by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 
4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 
5. Subs. by Act 46 of 1982, s. 2, for “or for any other reason” (w.e.f. 21-8-1984). 
6. Subs. by s. 2, ibid., for certain words (w.e.f. 21-8-1984). 
7. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 
8. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). 
9. Subs. by Act 25 of 2021, s. 17, for “or dock” (w.e.f. 30-6-2021). 

9 

 
                                                           
(vi) any industry specified in the 1[First Schedule] which the appropriate Government may, if 
satisfied  that  public  emergency  or  public  interest  so  requires,  by  notification  in  the  Official 
Gazette, declare to be a public utility service for the purposes of this Act, for such period as may 
be specified in the notification: 

Provided  that  the  period  so  specified  shall  not,  in  the  first  instance,  exceed  six  months  but 
may,  by  a  like  notification,  be  extended  from  time  to  time,  by  any  period  not  exceeding  six 
months,  at  any  one  time  if  in  the  opinion  of  the  appropriate  Government  public  emergency  or 
public interest requires such extension; 

(o) “railway company” means a railway company as defined in section 3 of the Indian Railways 

Act, 1890 (9 of 1890); 

2[(oo) “retrenchment” means the termination by the employer of the service of a workman for any 
reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does 
not include— 

(a) voluntary retirement of the workman; or 

(b)  retirement  of  the  workman  on  reaching  the  age  of  superannuation  if  the  contract  of 
employment  between  the  employer  and  the  workman  concerned  contains  a  stipulation  in  that 
behalf; or 

3[(bb) termination of the service of the workman as a result of the non-renewal of the contract 
of  employment  between  the  employer  and  the  workman  concerned  on  its  expiry  or  of  such 
contract being terminated under a stipulation in that behalf contained therein; or] 

(c) termination of the service of a workman on the ground of continued ill-health;] 

4[(p)  “settlement”  means  a  settlement  arrived  at  in  the  course  of  conciliation  proceeding  and 
includes  a  written  agreement  between  the  employer  and  workmen  arrived  at  otherwise  than  in  the 
course of conciliation proceeding where such agreement has been signed by the parties thereto in such 
manner as may be prescribed and a copy thereof has been sent to 5[an officer authorised in this behalf 
by] the appropriate Government and the conciliation officer;] 

(q) “strike” means a cessation of work by a body of persons employed in any industry acting in 
combination or a concerned refusal, or a refusal under a common understanding, of any number of 
persons who are or have been so employed to continue to work or to accept employment; 

6[(qq)  “trade  union”  means  a  trade  union  registered  under  the  Trade  Unions  Act,  1926  

(16 of 1926);] 

7[(r)  “Tribunal”  means  an  Industrial  Tribunal  constituted  under  section  7A  and  includes  an 

Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;] 

8[(ra) “unfair labour practice” means any of the practices specified in the Fifth Schedule; 
(rb) “village industries” has the meaning assigned to it in clause (h) of section 2 of the Khadi and 

Village Industries Commission Act, 1956 (61 of 1956);] 

9[(rr)  “wages”  means  all  remuneration  capable  of  being  expressed  in  terms  of  money,  which 
would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in 
respect of his employment or of work done in such employment, and includes— 

1. Subs. by Act 36 of 1964, s. 2 for “Schedule” (w.e.f. 19-12-1964). 
2. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 
3. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984). 
4. Subs. by Act 36 of 1956, s. 3, for clause (p) (w.e.f. 7-10-1956). 
5. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965). 
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 
7. Subs. by Act 18 of 1957, s. 2, for clause (r) (w.e.f. 10-3-1957). 
8. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 
9. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). 

10 

 
                                                           
(i)  such  allowances  (including  dearness  allowance)  as  the  workman  is  for  the  time  being 

entitled to; 

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

other amenity or of any service or of any concessional supply of foodgrains or other articles; 

(iii) any travelling concession; 
1[(iv) any commission payable on the promotion of sales or business or both;] 

but does not include— 

(a) any bonus; 
(b) any contribution paid or payable by the employer to any pension fund or provident fund 

or for the benefit of the workman under any law for the time being in force; 

(c) any gratuity payable on the termination of his service;] 

2[(s) “workman” means any person (including an apprentice) employed in any industry to do any 
manual,  unskilled,  skilled,  technical,  operational,  clerical  or  supervisory  work  for  hire  or  reward, 
whether  the  terms  of  employment  be  express  or  implied,  and  for  the  purposes  of  any  proceeding 
under this Act in relation to an industrial dispute, includes any such person who has been dismissed, 
discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, 
discharge or retrenchment has led to that dispute, but does not include any such person— 

(i)  who  is  subject  to  the  Air  Force  Act,  1950  (45  of  1950),  or  the  Army  Act,  1950  

(46 of 1950), or the Navy Act, 1957 (62 of 1957); or 

(ii) who is employed in the police service or as an officer or other employee of a prison; or 
(iii) who is employed mainly in a managerial or administrative capacity; or 
(iv) who, being employed  in a supervisory capacity, draws wages exceeding  3[ten thousand 
rupees]  per  mensem  or  exercises,  either  by  the  nature  of  the  duties  attached  to the office  or  by 
reason of the powers vested in him, functions mainly of a managerial nature.] 

STATE AMENDMENT 

Kerala  

Amendment of section 2.—In section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 
1947),  in  clause  (s),  for  the  words  “clerical  or  supervisory  work”  the  words  “clerical,  supervisory 
work or any work for the promotion of sales” shall be substituted. 

[Vide Kerala Act 12 of 2017, s. 2] 
Assam 

Amendment of section 2.—In the principal Act, in section 2, in clause (s), in between the words 
“or supervisory work” and “for hire or reward”, the words ‘or any work for the promotion of sales”, 
shall be inserted. 

[Vide Assam Act 22 of 2007, s. 2] 
Orissa 

Amendment  of  section  2.—In  clause(s)  of  section  2  of  the  Industrial  Disputes  Act  1947  (14  of 
1947),  for  the  words  and  comma  “operational,  clerical  or  supervisory  work”,  the  words  and  commas 
“sales promotion, operational, clerical or supervisory work or any work for promotion of sales” shall be 
substituted. 
[Vide Orissa Act 5 of 2014, s. 2] 

4[2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.—5[(1)] 
Where  any  employer  discharges,  dismisses,  retrenches,  or  otherwise  terminates  the  services  of  an 
individual workman, any dispute or difference between that workman and his employer connected with, 
or  arising  out  of,  such  discharge,  dismissal,  retrenchment  or  termination  shall  be  deemed  to  be  an 

1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). 
2. Subs. by s. 2, ibid., for clause (s) (w.e.f. 21-8-1984). 
3. Subs. by Act 24 of 2010, s. 2, for “one thousand six hundred rupees” (w.e.f. 15-9-2010). 
4. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965). 
5. Section 2A numbered as sub-section (1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010). 

11 

 
                                                           
industrial  dispute  notwithstanding  that  no  other  workman  nor  any  union  of  workmen  is  a  party  to  the 
dispute.] 

1[(2)  Notwithstanding  anything  contained  in  section  l0,  any  such  workman  as  is  specified  in                     

sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the 
dispute referred to therein after the expiry of forty-five days from the date he has made the application to 
the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of 
such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the 
dispute,  as  if  it  were  a  dispute  referred  to  it  by  the  appropriate  Government  in  accordance  with  the 
provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they 
apply in relation to an industrial dispute referred to it by the appropriate Government. 

(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before 
the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of 
service as specified in sub-section (1).] 

Andhra Pradesh 

STATE AMENDMENT 

In Section 2A, After the existing sub-section (2), the following sub-section shall be added, namely:— 

“(3) Notwithstanding anything in sub-sections (1) and (2), no such dispute or difference between 
that  workman  and  his  employer  connected  with  or  arising  out  of,  such  discharge,  dismissal, 
retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in 
conciliation  proceeding  within  a  period  of  three  years  from  the  date  of  such  discharge,  dismissal, 
retrenchment or termination: 

Provided that the Labour Court or the Conciliation Officer, as the case may be, may consider to 
extend the said period of three years when the applicant workman satisfies the Court or Conciliation 
Officer that he had sufficient cause for not raising the dispute within the period of three years.”. 

[Vide Andhra Pradesh 12 of 2015, s. 2] 

Union Territory of Jammu and Kashmir and Ladakh 

Section 2A.—In sub-section (3), for "three years", substitute "one year". 

[Vide  Union  Territory  of  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Second 
Order,  2020,  Notification  No.  S.O.  3465(E),  dated  (5-10-2020)  and  Vide  Union  Territory  of  Ladakh 
Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  Notification  No.  S.O.  3774(E),  dated           
(23-10-2020). 

Meghalaya 

Amendment of section 2 (s) of Industrial Disputes Act, 1947 (Central Act No. 14 of 1947).—For 
the existing clause (s) of section 2 of the Industrial Disputes act, 1947 (Central Act No. 14 of 1947) the 
following shall be substituted, namely:-- 

“(S) “Workmen” means any person (including an apprentice) employed  in any industry to do any 
manual skilled or  unskilled, technical, sales promotion, operational, clerical or supervisory work or 
any  work  for  the  promotion  of  sales  for  hire  or  reward,  whether  the  terms  of  employment  be 
expressed or implied, and for the purposes of any proceeding under this act in relation to an industrial 

1. Ins. by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010). 

12 

 
                                                           
dispute,  includes  in  connection  with,  or  as  a  consequence  of,  that  dispute,  or  whose  dismissal, 
discharge, or retrenchment has led to that dispute, but does not include any such person:— 

(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act 1950 (46 of 1950), or 

the Navy Act, 1957 (62 of 1957); or 

(ii) Who is employed in the police service or as an Officer or other employee of a person; or 

(iii) who is employed mainly in a managerial or administrative capacity; or 

(iv)  Who  being  employed  in  a  supervisory  capacity,  draws  wages  exceeding  one  thousand  six 
hundred rupees per mensem  or exercises, either by the nature of the duties attached to the office or 
by reason of the powers vested in him, functions mainly or a managerial nature.” 

[Vide Meghalaya Act 5 of 2009, s. 2] 
Rajasthan 

Amendment  of  section  2,  Central  Act  No.  14  of      1947.-  In  the  Industrial  Disputes  Act,  1947 
(Central  Act  No.  14  of  1947), in its  application  to  the  State  of  Rajasthan, hereinafter  referred  to  as  the 
principal Act, in section 2,- 

(a)  the existing sub-clause (iii) of clause (g) shall be deleted; and 
(b)  in  clause  (s),  the  existing  expression  “by  an  employer  or  by  a  contractor  in  relation  to  the 

execution of his contract with such employer” shall be deleted. 

[Vide Rajasthan Act 21 of 2014, s. 2] 

Amendment of section 2A, Central Act No. 14 of 1947.- In section 2A of the principal Act, after 

the existing sub-section (3), the following new sub-section shall be added, namely:- 

“(4)  Notwithstanding  anything  in  sub-sections  (1),  (2)  and  (3),  no  such  dispute  or  difference 
between that workman and his employer connected with, or arising out of, such discharge, dismissal, 
retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in 
conciliation  proceeding  within  a  period  of  three  years  from  the  date  of  such  discharge,  dismissal, 
retrenchment or termination: 

Provided that an authority, as may be specified by the State Government, may consider to extend 
the said period of three years when the applicant workman satisfies the authority that he had sufficient 
cause for not raising the dispute within the period of three years.”. 

[Vide Rajasthan Act 21 of 2014, s. 3] 
Rajasthan 
Amendment of section 2, Central Act XIV of 1947.-In section 2 of the principal Act;-- 

(i) after clause (aa) the following new clauses shall be inserted, namely- 

" (aaa) "arbitration proceeding" means- 

(i) any proceeding under Chapter III-A of this Act before an arbitrator, or 

(ii) any proceeding before an Industrial Tribunal in arbitration; 

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

under the provisions of Chapter III-A of this Act and includes an umpire;" 

(ii) in clause (b), for the words, figures and letter "under section 10A", the words, 

figures and letter "under Chapter III-A" shall be substituted; 

(iii) after clause (eee) the following new clause shall be inserted, namely- 

"(eeee) "member" means a person who is an ordinary member of a Union 

and who has paid a subscription of not less than four annas per month: 

Provided  that  no  person  shall  at  any  time  be  deemed  to  be  a  member  if  his 
subscription is in arrears for a period of three months or more next preceding such time;"; 

13 

 
(iv) in clause (g), after sub-clause (ii), the following sub-clause shall be inserted, namely- 

" (iii) where the owner of any industry in the course of or for the purpose of conducting 
the  industry  contracts  with  any  person  for  the  execution  by  or  under  the  contractor  of  the 
whole  or  any  part  of  any  work  which  is  ordinarily  a  part  of  the  industry,  the  owner  of  the 
industry;"; 

(v) after clause (oo) the following new clauses shall be inserted, namely- 

"(ooo)  "Registrar"  means  the  person  for  the  time  being  appointed  to  be  the 
Registrar of Unions under this Act and includes in respect of such powers and duties 
of the Registrar as may be conferred and imposed on him, an Assistant Registrar of 
Unions; 

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

Representative Union under this Act;"; 

(vi) after clause (rr), the following new clause shall be inserted, namely- 

"(rrr)  "Union"  means  a  Trade  Union  of  employees  registered  under  the  Indian 

Trade Unions Act, 1926 (Central Act XVI of 1926);"; and 

(vii) in clause (s), after the words "employed in any industry", the words "by an employer 
or  by  a  contractor  in  relation  to  the  execution  of  his  contract  with  such  employer"  shall  be 
inserted. 

[Vide Rajasthan Act 34 of 1958, s. 3] 

CHAPTER II 

AUTHORITIES UNDER THIS ACT 

3. Works Committee.—(1) In the case of any industrial establishment in which one hundred or more 
workmen  are  employed  or  have  been  employed  on  any  day  in  the  preceding  twelve  months,  the 
appropriate  Government  may  by  general  or  special  order  require  the  employer  to  constitute  in  the 
prescribed manner a Works Committee consisting of representatives of employers and workmen engaged 
in the establishment so however that the number of representatives of workmen on the Committee shall 
not be less than the number of representatives of the employer. The representatives of the workmen shall 
be  chosen  in  the  prescribed  manner  from  among  the  workmen  engaged  in  the  establishment  and  in 
consultation  with  their  trade  union,  if  any,  registered  under  the  Indian  Trade  Unions  Act,  1926  
(16 of 1926). 

(2)  It  shall  be  the  duty  of  the  Works  Committee  to  promote  measures  for  securing  and  preserving 
amity and good relations between the employer and workmen and, to that end, to comment upon matters 
of  their  common  interest  or  concern  and  endeavour  to  compose  any  material  difference  of  opinion  in 
respect of such matters. 

Manipur 

STATE AMENDMENT 

In  section  3  of  the  Disturbed  Areas  (Special  Courts)  Act,  1976,  (hereinafter  referred  to  as  the 

Principal Act):-- 

 (a)  in  sub-section  (1),  between  the  words,  “communities”,  and  “it  may”,  the  following  words, 

brackets and figures shall be inserted, namely— 

“or  by  reason  of  extension  and  indiscriminate  armed  violence  by  members  of  an  association 
declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967”; 
(b)  in sub-section (2)— 

(i) In clause (a) of the proviso, the word “and” appearing at the end shall be deleted, and the 
words,  letters  and  brackets,  “save  in  respect  of  the  cases  referred  to  in  clause  (aa)”,  shall  be 
inserted in the beginning, and  

14 

 
 
(ii)  below  clause  (a)  of  the  proviso  so  amended,  the  following  clause  shall  be  added, 

namely:-- 

“(aa)  in  respect  of  extensive  and  indiscriminate  armed  violence  by  members  of  any 
association  declared  as  unlawful  association  under  the  Unlawful  Activities  (Prevention) 
Act,  1967,  no  period  commencing  from  a  date  earlier  than  the  date  of  publication  of  the 
notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of 
1958) in respect of that area or earlier than two years before the date of publication of the 
notification under sub-section (1), shall be specified therein; and “. 

[Vide Manipur Act 11 of 1982, s. 2] 
Rajasthan 

Insertion of new section 3A, in Central Act XIV of 1947.-After section 3 of the principal Act, the 

following new section shall be inserted, namely- 

"3A. Registrar and Assistant Registrar.-(1) The State Government shall, by notification in the 
Official  Gazette,  appoint a  person to  be  the  Registrar  of  Unions for  the  purpose  of  this  Act  for the 
whole of the State. 

(2)  The  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." 

[Vide Rajasthan Act 34 of 1958, s. 4] 

Insertion of new Chapter II-B in Central Act XIV of 1947.- After section 9B of the principal Act, 

the following new Chapter shall be inserted, namely:- 

"CHAPTER II-B 

Registration of Unions. 

9C. Maintenance of register.-It shall be the duty of the Registrar to maintain in such form as may be 

prescribed a register of Unions registered by him under the provisions of this Act. 

9D. Application for Registration.-Any Union which has for the whole of the period of three months 
next preceding the date of its so applying under this section a membership of not less than fifteen per cent. 
of the total number of workmen employed in unit of an industry may apply in the prescribed form to the 
Registrar for registration as a Representative Union. 

9E. Registration of Union.-On receipt of an application from a Union for registration under section 
9D 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 9C and issue a certificate of registration in such form as 
may be prescribed: 

Provided that- 

(i)  where two  or  more  Unions  fulfilling  the conditions  necessary  for  registration  under this 
Act apply for registration in respect of the same unit of an industry, the Union having the largest 
membership of employees employed in the unit of the industry shall be registered; and 

(ii)  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 workmen but is made in the interest of the 
employers to the prejudice of the interest of the workmen. 

9F. Cancellation of registration.-The Registrar shall cancel the registration of a Union- 

(a) if, 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 months 

fallen below the minimum required under section 9D for its registration: 

15 

 
Provided  that  where  a  strike  or  a  closure  not  being  an  illegal  strike  or  closure 
under this Act in a unit of industry involving more than one-third of the workmen in the 
unit  of  the  industry  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 at the time of the cancellation is less 
than such minimum; or 

(iii) that the registered Union is being conducted not bona fide in the interests of 
workmen but in the interests of employers to the prejudice of the interests of workmen; or 

(iv) that it has instigated, aided or assisted the commencement or continuance of 

an illegal strike; 

(b) if its registration under the Indian Trade Unions Act, 1926 (Central Act XVI of 1926) 

is cancelled. 

9G.  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 (hereinafter in this section referred to as "representative Union") 
for a unit of an industry on the ground that it has a larger membership of workmen employed in such unit 
of the industry, the Registrar shall call upon the representative Union by a notice in writing to show cause 
within  one  month  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. 

(2) The Registrar shall forward to the Labour Commissioner of the State Government a copy of the 

said application and notice.  

(3) If, on the expiry of the period of notice under sub-section (1) and 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  9D  and  that its  membership  was during  the  whole  of  the 
period of three months immediately preceding the date of the application under this section larger than the 
membership  of  the  representative  Union,  he  shall,  subject  to  the  provisions  of  section  9D,  register  the 
applicant Union in place of the representative Union. 

(4)  Every  application  made  under  this  section  shall  be  published  in  the  prescribed  manner  not  less 

than fourteen days before the expiry of the period of notice under sub-section (1). 

9H. 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 (a) 
of section 9F 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  9D  and  9E  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 State Government, be entitled to apply for re-registration. 

9I. Appeal to Industrial Tribunal from order of Registrar.-(1) Any party to a proceeding before, 
the Registrar may, within thirty days from the date of an order passed by the Registrar under this Chapter, 
appeal against such order to the Industrial Tribunal: 

Provided  that  the  Industrial  Tribunal  may,  for  sufficient  reason,  admit  any  appeal  made  after  the 

expiry of such period. 

(2)  The  Industrial  Tribunal  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  Tribunal  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 Tribunal, shall be sent to the Registrar. 

16 

 
9J.  Publication  of  orders.-Every  order  passed  under  section  9E  or  section  9F  or  section  9G  and 

every order passed in appeal under section 9I shall be published in the prescribed manner." 
[Vide Rajasthan Act 34 of 1958, s. 5] 

4. Conciliation officers.—(1) The appropriate Government may, by notification in the Official Gazette, appoint 
such  number  of  persons  as  it  thinks  fit,  to  be  conciliation  officers,  charged  with  the  duty  of  mediating  in  and 
promoting the settlement of industrial disputes. 

(2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or 

for one or more specified industries and either permanently or for a limited period. 

5.  Board  of  Conciliation.—(1)  The  appropriate  Government  may  as  occasion  arises  by  notification  in  the 

Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute. 

(2) A Board shall consist of a chairman and two or four other members, as the appropriate Government thinks 

fit. 

(3) The  chairman  shall  be  an  independent  person  and  the  other  members  shall  be  persons  appointed  in  equal 
numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on 
the recommendation of that party: 

Provided  that,  if  any  party  fails  to  make  a  recommendation  as  aforesaid  within  the  prescribed  time,  the 

appropriate Government shall appoint such persons as it thinks fit to represent that party. 

(4) A Board, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its 

members or any vacancy in its number: 

Provided that if the appropriate Government notifies the Board that the services of the chairman or of any other 
member have ceased to be available, the Board shall not act until a new chairman or member, as the case may be, 
has been appointed. 

6. Courts of Inquiry.—(1) The appropriate Government may as occasion arises by notification in the Official 
Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an 
industrial dispute. 

(2) A Court may consist of one independent person or of such number of independent persons as the appropriate 
Government may think fit and where a Court consists of two or more members, one of them shall be appointed as 
the chairman. 

(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its 

members or any vacancy in its number: 

Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to 

be available, the Court shall not act until a new chairman has been appointed. 

1[7. Labour Courts.—(1) The appropriate Government may, by notification in the Official Gazette, constitute 
one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second 
Schedule and for performing such other functions as may be assigned to them under this Act. 

(2) A Labour Court shall consist of one person only to be appointed by the appropriate Government. 
(3) A person shall not be qualified for appointment as the presiding officer of a Labour Court, unless— 

2[(a) he is, or has been, a Judge of a High Court; or 
(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or  
3* 
 * 
4[(d)] he has held any judicial office in India for not less than seven years; or 
4[(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act 

 *  

 * 

 * 

for not less than five years. 

5[(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State 
Labour  Department,  having  a  degree  in  law  and  at  least  seven  years'  experience  in  the  labour  department 
including three years of experience as Conciliation Officer: 

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed 
unless he resigns from the service ofthe Central Government or State Government, as the case may be, before being 
appointed as the presiding officer; or 

(g) he is an officer of Indian Legal Service in Grade Ili with three years' experience in the grade.] 

1. Subs. by Act 36 of 1956, s. 4, for section 7 (w.e.f. 10-3-1957). 
2. Ins. by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964). 
3. Clause (c) omitted by Act 46 of 1982, s. 3 (w.e.f. 21-8-1984). 
4. Clauses (a) and (b) re-lettered as (d) and (e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964). 
5. Ins. by Act 24 of 2010, s. 4 (w.e.f. 15-9-2010). 

17 

 
 
 
 
 
 
 
 
                                                           
 
7A.  Tribunals.—(1)  The  appropriate  Government  may,  by  notification  in  the  Official  Gazette, 
constitute  one  or  more  Industrial  Tribunals  for  the  adjudication  of  industrial  disputes  relating  to  any 
matter, whether specified in the Second Schedule or the Third Schedule  1[and for performing such other 
functions as may be assigned to them under this Act]. 

2[(1A) The Industrial Tribunal constituted by the Central Government under sub-section (1) shall also 
exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the 
jurisdiction, powers and authority conferred on the Tribunal referred to in section 7D of the Employees' 
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).] 

(2) A Tribunal shall consist of one person only to be appointed by the appropriate Government. 

(3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless— 

(a) he is, or has been, a Judge of a High Court; or 

3[(aa)  he  has,  for  a  period  of  not  less  than  three  years,  been  a  District  Judge  or  an  Additional 

District Judge; 4***]  

5[(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the 
State  Labour  Department,,  having  a  degree  in  law  and  at  least  seven  years'  experience  in  the  labour 
department including three years of experience as Conciliation Officer: 

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall 
be appointed unless he resigns from the service of the Central Government or State Government, as the 
case may be, before being appointed as the presiding officer; or 

(c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.] 

6* 

* 

* 

 * 

 * 

(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the 

Tribunal in the proceeding before it. 

STATE AMENDMENT 

Karnataka 

Amendment of section 7A.—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 
14  of  1947)  (hereinafter  referred  to  as  the  principal  Act),  after  clause  (a),  the  following  clause  shall  be  inserted, 
namely:— 

“(aa) he is, or has been a District Judge, or” 

[Vide Karnataka Act 6 of 1963, s. 2] 

Amendment  of  section  7A.—In  clause  (aa)  of  sub-section  (3)  of  section  7A  of  the  Industrial 
Disputes  Act,  1947  (Central  Act  14  of  1947),  as  inserted  by  the  Industrial  Disputes  (Karnataka 
Amendment)  Act,  1962  (Karnataka  Act  6  of  1963),  after  the  words  “district  Judge”  the  words  “for  a 
period of not less than three years”, shall be inserted. 

[Vide Karnataka Act 35 of 1963, s. 2] 
Kerala 

Amendment of Section 7A.—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 

(Central Act 14 of 1947) for clause (a), the following clause shall be substituted, namely:-- 

“(a)  he  is,  or  has  been,  a judicial  officer  not  below  the  rank  of  a  District Judge,  or  is  qualified for 

appointment as a Judge of a High Court; or” . 

1. Ins. by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984). 
2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26-5-2017). 
3. Ins. by Act 36 of 1964, s. 4 (w.e.f. 19-12-1964). 
4. The word “or” omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984). 
5. Ins. by Act 24 of 2010, s. 5 (w.e.f. 15-9-2010). 
6. Clause (b) omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984). 

18 

 
 
  
 
  
 
 
 
                                                           
[Vide Kerala Act 28 of 1961, s. 2] 

Orissa 

Amendment  of  section  7A  (Act  14  of  1947).—In  sub-section  (3)  of  section  7-A  of  the  Industrial 

Disputes Act, 1947 (14 of 1947), after clause (a), the following new clause shall be inserted, namely:- 

“(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven 

years.” 

[Vide Orissa Act 6 of 1960, s. 2] 

7B. National Tribunals.—(1) The Central Government may, by notification in the Official Gazette, 
constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in 
the opinion of the Central Government, involve questions of national importance or are of such a nature 
that industrial establishments situated in more than one State are likely to be interested in, or affected by, 
such disputes. 

(2) A National Tribunal shall consist of one person only to be appointed by the Central Government. 
(3)  A  person  shall  not  be  qualified  for  appointment  as  the  presiding  officer  of  a  National  Tribunal 

1[unless he is, or has been, a Judge of a High Court]. 

(4) The  Central  Government  may,  if it  so thinks fit, appoint  two  persons  as  assessors to  advise  the 

National Tribunal in the proceeding before it.  

7C.  Disqualifications  for  the  presiding  officers  of  Labour  Courts,  Tribunals  and  National 
Tribunals.  —No  person  shall  be  appointed  to,  or  continue  in,  the  office  of  the  presiding  officer  of  a 
Labour Court, Tribunal or National Tribunal, if— 

(a) he is not an independent person; or 

(b) he has attained the age of sixty-five years.] 

2[7D.  Qualifications,  terms  and  conditions  of  service  of  Presiding  Officer.—Notwithstanding 
anything  contained  in this Act,  the  qualifications,  appointment, term  of  office,  salaries  and  allowances, 
resignation  and  removal  and  other  terms  and  conditions  of  service  of  the  Presiding  Officer  of  the 
Industrial Tribunal appointed by the Central Government under sub-section (1) of section 7A, shall, after 
the commencement of 3[the Tribunals Reforms Act, 2021, be governed by the provisions of Chapter II of 
the said Act]: 

Provided that the Presiding Officer appointed before the commencement of Part XIV of Chapter 
VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules 
made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.] 

4[8. Filling of vacancies.—If, for any reason a vacancy (other than a temporary absence) occurs in 
the office of the presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of the 
chairman or any other member of a Board or Court, then, in the case of a National Tribunal, the Central 
Government  and  in  any  other  case,  the  appropriate  Government,  shall  appoint  another  person  in 
accordance  with  the  provisions  of  this  Act  to  fill  the  vacancy,  and  the  proceeding  may  be  continued 
before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage 
at which the vacancy is filled. 

9. Finality of orders constituting Boards, etc.—(1) No order of the appropriate Government or of 
the Central Government appointing any person as the chairman or any other member of a Board or Court 
or as the presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in question in 
any manner; and no act or proceeding before any Board or Court shall be called in question in any manner 

1. Subs. by Act 46 of 1982, s. 5, for certain words (w.e.f. 21-8-1984). 
2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26-5-2017). 
3. Subs. by Act 33 of 2021, s. 8, for “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be governed by the provisions 
of section 184 of that Act” (w.e.f. 4-4-2021). 
4. Subs. by Act 36 of 1956, s. 5, for sections 8 and 9 (w.e.f. 10-3-1957). 

19 

 
                                                           
on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Board or 
Court. 

(2) No settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only 
of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6) 
of section 12 or sub-section (5) of section 13, as the case may be. 

(3)  Where  the  report  of  any  settlement  arrived  at  in  the  course  of  conciliation  proceeding  before  a 
Board  is  signed  by  the  chairman  and  all  the  other  members  of  the  Board,  no  such  settlement  shall  be 
invalid  by  reason  only  of  the  casual  or  unforeseen  absence  of  any  of  the  members  (including  the 
chairman) of the Board during any stage of the proceeding.] 

1[CHAPTER IIA 
NOTICE OF CHANGE 

9A. Notice of change.—No employer, who proposes to effect any change in the conditions of service 
applicable to  any  workman  in  respect  of  any  matter specified  in  the  Fourth  Schedule,  shall  effect  such 
change,— 

(a) without giving to the workmen likely to be affected by such change a notice in the prescribed 

manner of the nature of the change proposed to be effected; or 

(b) within twenty-one days of giving such notice: 

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

(a) where the change is effected in pursuance of any 2[settlement or award]; or 
(b) where the workmen likely to be affected by the change are persons to whom the Fundamental 
and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services 
(Temporary  Service)  Rules,  Revised  Leave  Rules,  Civil  Service  Regulations,  Civilians  in  Defence 
Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any 
other  rules  or  regulations  that  may  be  notified  in  this  behalf  by  the  appropriate  Government  in  the 
Official Gazette, apply.  
9B. Power  of  Government  to  exempt.—Where  the appropriate  Government  is  of  opinion that the 
application  of  the  provisions  of  section  9A  to  any  class  of  industrial  establishments  or  to  any  class  of 
workmen  employed  in  any  industrial  establishment  affect  the  employers  in  relation  thereto  so 
prejudicially  that  such  application  may  cause  serious  repercussion  on  the  industry  concerned  and  that 
public interest so requires, the appropriate Government may, by notification in the Official Gazette, direct 
that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be 
specified  in  the  notification,  to  that  class  of  industrial  establishments  or  to  that  class  of  workmen 
employed in any industrial establishment.] 

3[CHAPTER IIB 
GRIEVANCE REDRESSAL MACHINERY 

9C.  Setting  up  of  Grievance  Redressal  Machinery.—(1)  Every  industrial  establishment 
employing  twenty  or  more  workmen  shall  have  one  or  more  Grievance  Redressal  Committee  for  the 
resolution of disputes arising out of individual grievances. 

(2)  The  Grievance  Redressal  Committee  shall  consist  of  equal  number  of  members  from  the 

employer and the workmen. 

(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and 

from among the workmen alternatively on rotation basis every year. 

(4) The total number of members of the Grievance Redressal Committee shall not exceed more than 

six: 

Provided  that  there  shall  be,  as  far  as  practicable,  one  woman  member  if  the  Grievance  Redressal 
Committee has two members and in case the number of members are more than two, the number of women 
members may be increased proportionately. 

(5)  Notwithstanding  anything  contained  in  this  section,  the  setting  up  of  Grievance  Redressal 
Committee shall not affect the right of the workman to raise industrial dispute on the same matter under 
the provisions of this Act. 

1. Ins. by Act 36 of 1956, s. 6 (w.e.f. 10-3-1957). 
2. Subs. by Act 24 of 2010, s. 6, for Chapter IIB (w.e.f. 15-9-2010). 
3. Ins. by Act 46 of 1982, s. 7 (w.e.f. 21-8-1984). 

20 

 
                                                           
(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt 

of a written application by or on behalf of the aggrieved party. 

(7)  The  workman  who  is  aggrieved  of  the  decision  of  the  Grievance  Redressal  Committee  may 
prefer  an  appeal  to  the  employer  against  the  decision  of  Grievance  Redressal  Committee  and  the 
employer shall, within one month from the date of receipt of such appeal, dispose off the same and send 
a copy of his decision to the workman concerned. 

(8)  Nothing  contained  in  this  section  shall  apply  to  the  workmen  for  whom  there  is  an  established 

Grievance Redressal Mechanism in the establishment.] 
Rajasthan 

Amendment of section 9D, Central Act 14 of 1947.-In the Industrial Disputes Act, 1947 (Central 
Act  14  of  1947),  as  amended  by  the  Industrial  Disputes  (Rajasthan  Amendment)  Act,  1958  (Rajasthan 
Act 34 of 1958), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in 
section 9D, for the words "three months next preceding the date of its so applying", the words "at least 
three months during the period of six months immediately preceding the calendar month in which it so 
applies" shall be substituted. 

[Vide Rajasthan Act 14 of 1970, s. 2] 

Amendment of section 9E, Central Act 14 of 1947.-In section 9E of the principal Act, the existing 
section shall be numbered as subsection (1) and after sub-section (1) so re-numbered,   the following new 
sub-section shall be  inserted, namely:-  

"(2) Once a union has been registered as a representative union under this Act, the registration of the 
union shall be held valid for a period of two years from the date of its registration and shall continue to 
hold valid unless the registration is cancelled under section 9F of this Act or another union is registered in 
its place according to section 9G of this Act." 

[Vide Rajasthan Act 14 of 1970, s. 3] 

Amendment of section 9F, Central Act 14 of 1947.-In sub-clause (ii) of clause (a) of section 9F of 
the principal Act, after the words "continuous period of three months", the words "at any time after two 
years from the date of its registration" shall be inserted. 

[Vide Rajasthan Act 14 of 1970, s. 4] 

Amendment  of  Chapter  II-B,  Central  Act  No.14  of  1947.-  Chapter  II-B  of  the  principal  Act,  as 

inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as  

[Vide Rajasthan Act 21 of 2014, s. 4] 

“CHAPTER IIC”. 

Amendment of section 9G, Central Act 14 of 1947.-In section 9G of the principal Act- 

(a) in sub-section (1)— 

(i) the words "at any time", occurring after the word "If" shall be deleted; and 

(ii)  after  the  words  "for  a  unit  of  an  industry",  the  words  "at  any  time  after  a  lapse  of  two 

years from the date of registration of the representative union" shall be inserted; and 

(b)  in  sub-section  (3),  for  the  words  "three  months  immediately  preceding  the  date  of  the 
application", the words "at least   three months during the period of six months immediately preceding 
the calendar month in which it so applied" shall be substituted. 

[Vide Rajasthan Act 14 of 1970, s. 5] 

Amendment of section 9C, Central Act No. 14 of 1947.- Section 9C of the principal Act, as inserted by 
the Rajasthan Act No. 34 of 1958, shall be renumbered as “9CC”. 

[Vide Rajasthan Act 21 of 2014, s. 5] 

Amendment of section 9D, Central Act No. 14 of 1947.- In section 9D of the principal Act, as inserted 
by the Rajasthan Act No. 34 of 1958, the existing expression “fifteen per cent”  shall be substituted by the 
expression “thirty per cent”.  

[Vide Rajasthan Act 21 of 2014, s. 6] 

21 

 
CHAPTER III 
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS 

10. Reference of disputes to Boards, Courts or Tribunals.—(1) 1[Where the appropriate Government is 

of opinion that any industrial dispute exists or is apprehended, it may at any time], by order in writing,— 

(a) refer the dispute to a Board for promoting a settlement thereof; or 
(b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry; or 
2[(c) refer the dispute or any matter appearing to be connected with, or relevant to,  the dispute, if it 

relates to any matter specified in the Second Schedule, to a Labour Court for adjudication; or 

(d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether 
it  relates  to  any  matter  specified  in  the  Second  Schedule  or  the  Third  Schedule,  to  a  Tribunal  for 
adjudication: 
Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to 
affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference 
to a Labour Court under clause (c):] 

3[Provided further that] where the dispute relates to a public utility service and a notice under section 22 
has been given, the appropriate Government shall, unless it considers that  the notice has been frivolously or 
vexatiously  given  or 
this  
sub-section  notwithstanding  that  any  other  proceedings  under  this  Act  in  respect  of  the  dispute  may  have 
commenced: 

to  do,  make  a  reference  under 

inexpedient  so 

it  would  be 

that 

4[Provided  also  that  where  the  dispute  in  relation  to  which  the  Central  Government  is  the  appropriate 
Government, it shall be competent for that Government to refer the dispute to a Labour Court or an Industrial 
Tribunal, as the case may be, constituted by the State Government.] 

5[(1A)  Where  the  Central  Government  is  of  opinion  that  any  industrial  dispute  exists  or  is 
apprehended  and  the  dispute  involves  any  question  of  national  importance  or  is  of  such  a  nature  that 
industrial establishments situated in more than one State are likely  to be interested in, or affected by, such dispute 
and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not 
it is the appropriate Government in relation to that dispute, at any time, by order in writing, refer the dispute or any 
matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the 
Second Schedule or the Third Schedule, to a National Tribunal for adjudication.] 

(2) Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a 
reference  of  the  dispute  to  a  Board,  Court,  6[Labour  Court,  Tribunal  or  National  Tribunal],  the  appropriate 
Government,  if  satisfied  that  the  persons  applying  represent  the  majority  of  each  party,  shall  make  the 
reference accordingly. 

7[(2A) An order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under 
this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall 
submit its award on such dispute to the appropriate Government: 

Provided that where such industrial dispute is connected with an individual workman, no such period 

shall exceed three months: 

Provided  further  that  where  the  parties  to  an  industrial  dispute  apply  in  the  prescribed  manner, 
whether jointly  or separately,  to the  Labour  Court, Tribunal  or  National Tribunal for  extension  of  such 
period  or  for  any  other  reason,  and  the  presiding  officer  of  such  Labour  Court,  Tribunal  or  National 
Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in 
writing, extend such period by such further period as he may think fit: 

Provided also that in computing any period specified in this sub-section, the period, if any, for which 
the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction 
or order of a Civil Court shall be excluded: 

1. Subs. by Act 18 of 1952, s. 3, for “If any industrial dispute exists or is apprehended, the appropriate Government may”. 
2. Subs. by Act 36 of 1956, s. 7, for clause (c) (w.e.f. 10-3-1957). 
3. Subs. by s. 7, ibid., for “Provided that” (w.e.f. 10-3-1957). 
4. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984). 
5. Ins. by Act 36 of 1956, s. 7 (w.e.f. 10-3-1957). 
6. Subs. by Act 36 of 1956, s. 7, for “or Tribunal” (w.e.f. 10-3-1957). 
7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984). 

22 

 
 
 
                                                           
Provided also that no proceedings before a Labour Court, Tribunal or National Tribunal shall lapse 
merely  on  the  ground  that  any  period  specified  under  this  sub-section  had  expired  without  such 
proceedings being completed.] 

(3) Where  an  industrial dispute  has  been referred to  a  Board,  1[Labour  Court, Tribunal  or  National 
Tribunal] under this section, the appropriate Government may by order prohibit the continuance of any 
strike or lock-out in connection with such dispute which may be in existence on the date of the reference. 

1[(4)  Where  in  an  order  referring  an  industrial  dispute  to  2[a  Labour  Court,  Tribunal  or  National 
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points 
of dispute for adjudication,  3[the Labour Court or the Tribunal or the National Tribunal, as the case may 
be], shall confine its adjudication to those points and matters incidental thereto. 

(5) Where a dispute concerning any establishment or establishments has been, or is to be, referred to a 
4[Labour Court, Tribunal or National Tribunal] under this section and the appropriate Government is of 
opinion,  whether  on  an  application  made  to  it  in  this  behalf  or  otherwise,  that  the  dispute  is  of  such  a 
nature  that  any  other  establishment,  group  or  class  of  establishments  of  a  similar  nature  is  likely  to  be 
interested  in,  or  affected  by,  such  dispute,  the  appropriate  Government  may,  at  the  time  of  making  the 
reference or at any time thereafter but before the submission of the award, include in that reference such 
establishment, group or class of establishments, whether or not at the time of such inclusion any dispute 
exists or is apprehended in that establishment, group or class of establishments.] 

5[(6)  Where  any  reference  has  been  made  under  sub-section  (1A)  to  a  National  Tribunal,  then 
notwithstanding  anything  contained  in  this  Act,  no  Labour  Court  or  Tribunal  shall  have  jurisdiction  to 
adjudicate upon any matter which is under adjudication before the National Tribunal, and accordingly,— 

(a) if the matter under adjudication before the National Tribunal is pending a proceeding before a 
Labour Court or Tribunal, the proceeding before the Labour Court or the Tribunal, as the case may 
be, in so far as it relates to such matter, shall be deemed to have been quashed on such reference to 
the National Tribunal; and 

(b) it shall not be lawful for the appropriate Government to refer the matter under adjudication 
before the National Tribunal to any Labour Court or Tribunal for adjudication during the pendency of 
the proceeding in relation to such matter before the National Tribunal. 

6[Explanation.—In this sub-section, “Labour Court” or “Tribunal” includes any Court or Tribunal 
or  other  authority  constituted  under  any  law  relating  to  investigation  and  settlement  of  industrial 
disputes in force in any State.] 

(7) Where any industrial dispute, in relation to which the Central Government is not the appropriate 
Government, is referred to a National Tribunal, then notwithstanding anything contained in this Act, any 
reference  in  section  15,  section  17,  section  19,  section  33A,  section  33B  and  section  36A  to  the 
appropriate  Government  in  relation  to  such  dispute  shall  be  construed  as  a  reference  to  the  Central 
Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any 
other  provision  of  this  Act  to  the  appropriate  Government  in  relation  to  that  dispute  shall  mean  a 
reference to the State Government.] 

7[(8) No proceedings before a Labour Court, Tribunal or National Tribunal in relation to an industrial 
dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and 
such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award 
to the appropriate Government.] 

1. Ins. by Act 18 of 1952, s. 3. 
2. Subs. by Act 36 of 1956, s. 7, for “a Tribunal” (w.e.f. 10-3-1957). 
3. Subs. by s. 7, ibid., for “the Tribunal” (w.e.f. 10-3-1957). 
4. Subs. by s. 7, ibid., for “Tribunal” (w.e.f. 10-3-1957). 
5. Ins. by s. 7, ibid. (w.e.f. 10-3-1957). 
6. Ins. by Act 36 of 1964, s. 5 (w.e.f. 19-12-1964). 
7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984). 

23 

 
 
 
                                                           
Karnataka 

STATE AMENDMENT 

Amendment of Central Act XIV of 1947.—(1) In section 10 of the Industrial Disputes Act, 1947, as 

amended  by  the  Industrial  Disputes  (Madras  Amendment)  Act,  1949  (Madras  Act  XII  of  1949),                    
sub-section (2A) shall be omitted. 

(2) Section 10A of the Industrial Disputes Act, 1947, as inserted by the Industrial Disputes (Mysore 

Amendment) Act, 1953 (Mysore Act 15 of 1953), shall be omitted. 

[Vide Karnataka Act 1 of 1960, s. 2] 

Karnataka 

Amendment  of  section  10.—In  the  industrial  Disputes  Act,  1947  (Central  Act  14  of  1947) 
(hereinafter referred to as the principal Act), in section 10, after sub-section (4), the following sub-section 
shall be inserted namely:— 

“(4A) Notwithstanding anything contained in the section 9C and in this section, in the case of a 
dispute  falling  within  the  scope  of  section  2A,  the  individual  workman  concerned  may,  within  six 
months from the date of communication to him of the order of discharge, dismissal, retrenchment or 
termination  or  the  date  of  commencement  of  the  Industrial  Disputes  (Karnataka  Amendment)  Act, 
1987, whichever is later, apply, in the prescribed manner, to the Labour Court for adjudication of the 
dispute  and  the  Labour  Court  dispose  of  such  application  in  the  same  manner  as  a  dispute  referred 
under sub-section (1). 

Note.—An application under sub-section (4A), may be made even in respect of a dispute pending 
consideration  of  the  Government  for  reference,  on  the  date  of  commencement  of  the  Industrial 
Disputes (Karnataka Amendment) Act, 1987.” 

[Vide Karnataka Act 5 of 1988, s. 2] 

1[10A. Voluntary reference of disputes to arbitration.—(1) Where any industrial dispute exists or 
is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at 
any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National 
Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person 
or  persons  (including  the  presiding  officer  of  a  Labour  Court  or  Tribunal  or  National  Tribunal)  as  an 
arbitrator or arbitrators as may be specified in the arbitration agreement. 

2[(1A) Where an arbitration agreement provides for a reference of the dispute to an even number of 
arbitrators, the agreement shall provide for the appointment of another person as umpire  who shall enter 
upon  the  reference,  if  the  arbitrators  are  equally  divided  in  their  opinion,  and  the  award  of  the  umpire 
shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.] 

(2) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed 

by the parties thereto in such manner as may be prescribed. 

(3)  A  copy  of  the  arbitration  agreement  shall  be  forwarded  to  the  appropriate  Government  and  the 
conciliation  officer  and  the  appropriate  Government  shall,  within  3[one  month]  from  the  date  of  the 
receipt of such copy, publish the same in the Official Gazette. 

2[(3A) Where an industrial dispute has been referred to arbitration and the appropriate Government is 
satisfied  that  the  persons  making  the  reference  represent  the  majority  of  each  party,  the  appropriate 
Government  may,  within  the  time  referred  to  in  sub-section  (3),  issue  a  notification  in  such  manner  as 

1. Ins. by Act 36 of 1956, s. 8 (w.e.f. 10-3-1957). 
2. Ins. by Act 36 of 1964, s. 6 (w.e.f. 19-12-1964). 
3. Subs. by Act 36 of 1964,  s. 6, for “fourteen days” (w.e.f. 19-12-1964). 

24 

 
                                                           
may  be  prescribed; and  when  any  such notification is  issued,  the employers  and  workmen  who  are  not 
parties  to  the  arbitration  agreement  but  are  concerned  in  the  dispute,  shall  be  given  an  opportunity  of 
presenting their case before the arbitrator or arbitrators.] 

(4)  The  arbitrator  or  arbitrators  shall  investigate  the  dispute  and  submit  to  the  appropriate 

Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be. 

2[(4A) Where an industrial dispute has been referred to arbitration and a notification has been issued 
under sub-section (3A), the appropriate Government may, by order, prohibit the continuance of any strike 
or lock-out in connection with such dispute which may be in existence on the date of the reference.] 

(5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitration under this section.] 

Kerala 

STATE AMENDMENT 

Insertion of new section 10B.—After section 10A of the Industrial Disputes Act, 1947 (Central Act 
14 of 1947) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:- 

“10B. Power to issue orders regarding terms and conditions of service pending settlement of 
disputes.— (1) Where an industrial dispute has been referred by the State Government to a Labour 
Court or Tribunal under sub-section (1) of section 10 and if, in the opinion of that Government, it is 
necessary or expedient so to do for securing the public safety or convenience or the maintenance of 
public  order  or  supplies  and  services  essential  to  the  life  of  the  community  or  for  maintaining 
employment or industrial peace in the establishment concerning which such reference has been made, 
it may, by general or special order, make provision— 

(a)  for  requiring  the  employers  or  workmen  or  both  to  observe  such  terms  and  conditions  of 
employment as may be specified in the order or as may be determined in accordance with the order, 
including payment of money by the employer to any person who is or has been a workman; 

(b) for requiring any public utility service not to close or remain closed and to work or continue to 

work on such terms and conditions as may be specified in the order; and 

(c) for any incidental or supplementary matters which appear to it to be necessary or expedient for 

the purposes of the order: 

Provided that no order made under this sub-section shall require any employer to observe terms and 
conditions of employment less favourable to the workmen than those which were applicable to them at 
any time within three months immediately preceding the date of the order. 

Explanation.—For the purposes of this sub-section "public utility service" means— 

(i)  any  section  of  an  industrial  establishment  on  the  working  of  which  the  safety  of  the 

establishment or the workmen employed therein depends; 

(ii) any industry which supplies power, light or water to the public; 

(iii)  any  industry  which  has  been  declared  by  the  State  Government  to  be  a  public  utility 

service for the purposes of this Act. 

(2) An order made under sub-section (1) shall cease to operate on the expiry of a period of six months 
from the date of order or on the date of the award of the Labour Court or the Tribunal, as the case may be, 
whichever is earlier. 

(3) Any money paid by an employer to any person in pursuance of any order under sub-section (1) 
may  be  deducted  by  that  employer  from  out  of  any  monetary  benefit  to  which  such  person  becomes 
entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may 
be."] 

[Vide Kerala Act 30 of 1979, s. 2 ] 

25 

 
 
 
Karnataka 

Insertion of new section 10B.—After section 10A of the principal Act, the following section shall be 

inserted namely:— 

“10B. Power to issue order regarding terms and conditions of service pending settlement of 
disputes.—(1)  Where  an industrial dispute  has  been referred  by  the  State  Government  to a  Labour 
Court or a Tribunal under Sub-section (1) of section 10 and if in the opinion of the State Government 
it is necessary or expedient so to do for securing the public safety or convenience or the maintenance 
of  public  order  or  supplies  and  services  essential  to  the  life  of  the  community  or  for  maintain 
employment or industrial peace in the establishment concerning which such reference has been made, 
it may, by general or special order, make provision,— 

(a) for requiring the employer or workman or both to observe such terms and conditions of 
employment  s  may  be  specified  in  the  order  or  as  may  be  determined  in  accordance  with  the 
order, including payment of money by the employer to any person who is or has been a workman; 

(b)  for  requiring  any  public  utility  service  not  to  close  or  remain  closed  and  to  work  or 

continue to work on such terms and conditions as may be specified in the order, and  

(c)  for  any  incidental  or  supplementary  matter  which  appears  to  it  to  be  necessary  or 

expedients for the purpose of the order: 

Provident that no order made under this sub-section shall require any employer to observe terms and 
conditions of employment less favorable to the workman than those which were applicable to them at any 
time within the months immediately preceeding the date of the order. 

Explanation.—For the purpose the this sub-section “public utility service” means,— 

(i)  any  section  of  an  industrial  establishment  on  the  working  of  which  the  safety  of  the 

establishment or the workman employed therein depends; 

(ii) any industry which supplies power, light or water to the public; 

(iii) any industry which has been declared by the State Government to be a public utility service 

for the purpose of this Act. 

(2) An order made under sub-section (1) shall cease to operate on the expiry of a period of six months 
from the date of the order or on the date of the award of the Labour Court or the Tribunal, as the case may 
be, whichever is earlier. 

(3) Any  money paid by an employer to any person in pursuance of an order under sub-section (1), 
may  be  deducted  by  that  employer  from  out  of  any  monetary  benefit  to  which  such  person  becomes 
entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may 
be. 

[Vide Karnataka Act 5 of 1988, s. 3] 

Rajasthan 

Insertion of new section 10K. in Central Act 14 of 1947.-After section 10J of the principal Act, the 

following new section shall be inserted, namely:- 

"10K.  State  Government  may  lay  down  terms  and  conditions  of  employment  and 
prohibit strikes, etc.- (1) Notwithstanding anything contained in the Act, if in the opinion of the 
State  Government,  it  is  necessary  or  expedient  so  to  do,  for  securing  the  public  safety  or 
convenience or the maintenance of public order or supplies and services essential to the life of the 
community or for maintaining employment or maintaining industrial peace, it may by a general or 
special order, make provision- 

26 

 
(a) for requiring employers, workmen or both to observe for such period as may be 
specified in the order, such terms and conditions of employment as may be determined in 
accordance with  the  order;  and 

(b) for prohibiting, subject to the provision of the order, strikes or lockouts generally 

or a strike or lockout in connection with any industrial dispute. 

(2)  In  case  any  industrial  dispute  is  raised  in  respect  of  any  provisions  in  the  order  of  the  State 
Government made under sub-section (1) within a period of three months of the order, it shall be referred 
by  the  State  Government  for  adjudication  to  an  Industrial  Tribunal  and  the  order  shall  lapse  when  the 
award of the Tribunal becomes enforceable: 

Provided, however, that the reference of the industrial dispute to adjudication shall not have the effect 

of staying the operation of the order”. 
[Vide Rajasthan Act 14 of 1970, s. 6] 

Insertion of new Chapter III-A in Central Act XIV of 1947.- For section 10A of the principal Act, 

the following new Chapter shall be inserted, namely:- 

"CHAPTER III-A. 

Arbitration. 

10B. Submission.-(1) Any employer and a Representative Union or, in the absence of any registered 
Representative  Union,  any  other  Union  which  is  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) 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. 

10C.  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 three months' notice in writing: 

Provided further that, before the expiry of the said period of three months the parties may agree to 

continue the submission for such further period as may be agreed upon between them. 

10D.  Proceedings  in  arbitration.-The  proceedings  in  arbitration  under  this  Chapter  shall  be  in 
accordance with the provisions of the Arbitration Act, 1940 (Central Act X 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 the Industrial Tribunal. 

10E. Special case may be stated to Industrial Tribunal.- The arbitrator may refer any question of 
law arising before him in any proceeding under this Act to the Industrial Tribunal for its decision. Any 
award made by the arbitrator shall be in accordance with such decision. 

10F, Award by arbitrator.-The arbitrator shall, after hearing the parties concerned, make an award 

which shall be signed by him. 

10G. Dispute to be referred to Industrial Tribunal 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 circumstances no arbitrator is appointed, such dispute may be 
referred by the State Government for adjudication by the Industrial Tribunal. 

10H.  State  Government may refer  industrial  dispute to Industrial  Tribunal for  adjudication.- 
(1) Notwithstanding anything contained in this Chapter the State Government may, at any time, refer an 
industrial  dispute  for  adjudication  by  the  Industrial  Tribunal,  if  on  a  report  made  by  the  Conciliation  . 
Officer or otherwise it is satisfied that- 

(A) 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 

27 

 
(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, 

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

(C) it is necessary in the public interest to do so. 

(2) When the State Government makes a reference to the Industrial Tribunal for adjudication of any 
industrial dispute, any submission or any award of an arbitrator with regard to that industrial dispute shall 
stand as cancelled. 

10I. Notice of award to parties.- (1) The arbitrator or the Industrial Tribunal as an arbitrator, as the 
case  may  be,  shall  forward  copies  of  the  award  made  by  him  or  it  to  the  parties,  the  Commissioner  of 
Labour, the Registrar and the State Government. 

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

10J.  Completion  of  proceeding.-  The  arbitration  proceeding  shall  be  deemed  to  have  completed 

when the award is published under section 17." 

[Vide Rajasthan Act 34 of 1958, s. 6] 

CHAPTER IV 

PROCEDURE, POWERS AND DUTIES OF AUTHORITIES 

11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals.—1[(1) Subject 
to  any  rules  that  may  be  made  in  this  behalf,  an  arbitrator,  a  Board,  Court,  Labour  Court,  Tribunal  or 
National  Tribunal  shall  follow  such  procedure  as  the  arbitrator  or  other  authority  concerned  may  think 
fit.] 

(2)  A  conciliation  officer  or  a  member  of  a  Board,  2[or  Court  or  the  presiding  officer  of  a  Labour 
Court, Tribunal or  National  Tribunal]  may  for  the  purpose  of  inquiry  into any  existing  or  apprehended 
industrial  dispute,  after  giving  reasonable  notice,  enter  the  premises  occupied  by  any  establishment  to 
which the dispute relates. 

(3) Every Board, Court, 3[Labour Court, Tribunal and National Tribunal] shall have the same powers 
as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in 
respect of the following matters, namely:— 

(a) enforcing the attendance of any person and examining him on oath; 
(b) compelling the production of documents and material objects; 
(c) issuing commissions for the examination of witnesses; 
(d) in respect of such other matters as may be prescribed; 

and  every  inquiry  or  investigation  by  a  Board,  Court,  4[Labour  Court,  Tribunal  or  National  Tribunal], 
shall  be  deemed  to  be  a  judicial  proceeding  within  the  meaning  of  sections  193  and  228  of  the  Indian 
Penal Code (45 of 1860). 

(4) A conciliation officer 5[may enforce the attendance of any person for the purpose of examination 
of such person or call for] and inspect any document which he has ground for considering to be relevant 
to the industrial dispute 6[or to be necessary for the purpose of verifying the implementation of any award 
or  carrying  out  any  other  duty  imposed  on  him  under  this  Act,  and  for  the  aforesaid  purposes,  the 
conciliation  officer  shall  have  the  same  powers  as  are  vested  in  a  Civil  Court  under  the  Code  of  Civil 

1. Subs. by Act 36 of 1956, s. 9, for sub-section (1) (w.e.f. 10-3-1957). 
2. Subs. by Act 36 of 1956, s. 9, for “Court or Tribunal” (w.e.f. 10-3-1957). 
3. Subs. by s. 9, ibid., for “and Tribunal” (w.e.f. 10-3-1957). 
4. Subs. by s. 9, ibid., for “or Tribunal” (w.e.f. 10-3-1957). 
5. Subs. by Act 46 of 1982, s. 9, for “may call for” (w.e.f. 21-8-1984). 
6. Ins. by Act 36 of 1956, s. 9 (w.e.f. 17-9-1956). 

28 

 
                                                           
Procedure, 1908 (5 of 1908), 1[in respect of enforcing the attendance of any person and examining him or 
of compelling the production of documents]]. 

2[(5)  A  Court,  Labour  Court,  Tribunal  or  National  Tribunal  may,  if  it  so  thinks  fit,  appoint  one  or 
more  persons  having  special  knowledge  of  the  matter  under  consideration  as  assessor  or  assessors  to 
advise it in the proceeding before it. 

(6)  All  conciliation  officers,  members  of  a  Board  or  Court  and  the  presiding  officers  of  a  Labour 
Court, Tribunal or National Tribunal shall be deemed to be public servants within the meaning of section 
21 of the Indian Penal Code (45 of 1860). 

(7) Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before a 
Labour Court, Tribunal or National Tribunal shall be in the discretion of that Labour Court, Tribunal or 
National Tribunal and the Labour Court, Tribunal or National Tribunal, as the case may be, shall have full 
power to determine by and to whom and to what extent and subject to what conditions, if any, such costs 
are  to  be  paid,  and  to  give  all  necessary  directions  for  the  purposes  aforesaid  and  such  costs  may,  on 
application made to the appropriate Government by the person entited, be recovered by that Government 
in the same manner as an arrear of land revenue.] 

3[(8) Every 4[Labour Court, Tribunal or National Tribunal] shall be deemed to be Civil Court for the 

purposes of 5[sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 (2 of 1974)].]  

6[(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal 
or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders 
and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908 (5 of 1908). 

(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, 
order  or  settlement  to  a  Civil  Court  having  jurisdiction  and  such  Civil  Court  shall  execute  the  award, 
order or settlement as if it were a decree passed by it.] 

STATE AMENDMENT 

Karnataka 

Amendment  of  section  11.—For  sub-section  (4)  of  section  11  of  the  principal  Act,  the  following 

sub-section shall be substituted, namely:— 

“(4) A Consiliation Officer may, if he considers that any document or the testimony of any person 
is relevant or necessary for the settlement or an industrial dispute or for the purpose of verifying the 
implementation of any award or carrying out any other duty imposed on him under this Act, call for 
and  inspect  such  document  or  summon  and  examine  such  person.  For  the  aforesaid  purposes,  the 
Conciliation  Officer  shall  have  the  same  powers  as  are  vested  in  a  Civil  Court  while  trying  a  suit 
under the Code of civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters, 
namely:— 

(i) summoning and enforcing the attendance of any person and examining him on oath; 

(ii) compelling the production of documents; 

(iii) issuing commission for examination of witness. 

(4A) Whoever refuses or fails to attend or take part in a conciliation proceedings or fails or refuses to 
produce  the  documents  in  pursuance  of  an  order  issued  under  sub-section  (4),  shall,  on  conviction,  be 

1. Subs. by Act 46 of 1982, s. 9, for certain words (w.e.f. 21-8-1984). 
2. Subs. by Act 36 of 1956, s. 9, for sub-sections (5) to (7) (w.e.f. 10-3-1957). 
3. Ins. by Act 48 of 1950, s. 34 and the Schedule. 
4. Subs. by Act 36 of 1956, s. 9, for “Tribunal” (w.e.f. 10-3-1957). 
5. Subs. by Act 46 of 1982, s. 9, for certain words (w.e.f. 21-8-1984). 
6. Ins. by Act 24 of 2010, s. 7 (w.e.f 15-9-2010). 

29 

 
                                                           
punishable  with imprisonment  for  a  period  which  may  extend  to  three  months  or  with  fine  which  may 
extend to five hundred rupees or with both.” 
[Vide Karnataka Act 5 of 1988, s. 4] 

1[11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in 
case of discharge or dismissal of workmen.—Where an industrial dispute relating to the discharge or 
dismissal  of  a  workman  has  been  referred  to  a  Labour  Court,  Tribunal  or  National  Tribunal  for 
adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National 
Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, 
by  its  award,  set  aside  the  order  of  discharge  or  dismissal  and  direct  reinstatement  of  the  workman  on 
such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the 
award  of  any  lesser  punishment  in  lieu  of  discharge  or  dismissal  as the  circumstances  of  the  case  may 
require: 

Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, 
as  the  case  may  be,  shall  rely  only  on the  materials on  record  and  shall  not  take  any  fresh  evidence in 
relation to the matter.] 

STATE AMENDMENT 

Tamil Nadu 
Insertion of new section 11-B-After section 11-A of the Industrial Disputes act, 1947 (Central Act XIV 
of 1947), the following section shall be inserted, namely:- 

“11-B. Power of Labour Court or Tribunal to execute its award by decree- A Labour Court 
or a Tribunal shall have the power of a civil court to execute its own award as a decree of a civil court 
and also to execute any settlement as defined in clause (p) of section 2 as a decree.” 

[Vide Tamil Nadu Act 45 of 2008, s. 2] 

In  section  11-B  of  the  Industrial  Disputes  Act,  1947 for the expression  “award”  the  expression 

“award and order” shall be substituted. 

[Vide Tamil Nadu Act 19 of 2019, s. 2] 

12. Duties of conciliation officers.—(1) Where any industrial dispute exists or is apprehended, the 
conciliation officer may, or where the dispute relates to a public utility service and a notice under section 
22 has been given, shall hold conciliation proceedings in the prescribed manner. 

(2)  The  conciliation  officer  shall,  for  the  purpose  of  bringing  about  a  settlement  of  the  dispute, 
without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof 
and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and 
amicable settlement of the dispute. 

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the 
conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 
2[or an officer authorised in this behalf by the appropriate Government] together with a memorandum of 
the settlement signed by the parties to the dispute. 

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the 
close of the investigation, send to the appropriate Government a full report setting forth the steps taken by 
him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement 
thereof,  together  with  a  full  statement  of  such  facts  and  circumstances,  and  the  reasons  on  account  of 
which, in his opinion, a settlement could not be arrived at. 

(5) If, on a consideration of the report referred to in sub-section (4), the appropriate Government is 
satisfied that there is a case for reference to a Board,  3[Labour Court, Tribunal or National Tribunal], it 

1. Ins. by Act 45 of 1971, s. 3 (w.e.f. 15-12-1971). 
2. Ins. by Act 35 of 1965, s. 4 (w.e.f. 1-12-1965). 
3. Subs. by Act 36 of 1956, s. 10, for “or Tribunal” (w.e.f. 10-3-1957). 

30 

 
 
 
                                                           
may  make  such  reference.  Where  the  appropriate  Government  does  not  make  such  a  reference  it  shall 
record and communicate to the parties concerned its reasons therefor. 

(6) A report under this section shall be submitted within fourteen days of the commencement of the 

conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 

1[Provided that,  2[subject to the approval of the conciliation officer,] the time for the submission of 
the  report  may  be  extended  by  such  period  as  may  be  agreed  upon  in  writing  by  all  the  parties  to  the 
dispute.] 

13. Duties of Board.—(1) Where a dispute has been referred to a Board under this Act, it shall be the 
duty of the Board to endeavour to bring about a settlement of the same and for this purpose the Board 
shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the 
merits  and  the  right  settlement  thereof  and  may  do  all  such  things  as  it  thinks  fit  for  the  purpose  of 
inducing the parties to come to a fair and amicable settlement of the dispute. 

(2) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the 
conciliation  proceedings,  the  Board  shall  send  a  report  thereof  to  the  appropriate  Government  together 
with a memorandum of the settlement signed by the parties to the dispute. 

(3)  If  no  such  settlement  is  arrived  at,  the  Board  shall,  as  soon  as  practicable  after the  close  of  the 
investigation,  send  to  the  appropriate  Government  a  full  report  setting  forth  the  proceedings  and  steps 
taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing 
about  a  settlement  thereof,  together  with  a  full  statement  of  such  facts  and  circumstances,  its  findings 
thereon,  the  reasons  on  account  of  which,  in  its  opinion,  a  settlement  could  not  be  arrived  at  and  its 
recommendations for the determination of the dispute. 

(4) If, on the receipt of a report under sub-section (3) in respect of a dispute relating to a public utility 
service, the appropriate Government does not make a reference to a 3[Labour Court, Tribunal or National 
Tribunal] under section 10, it shall record and communicate to the parties concerned its reasons therefor. 

(5) The Board shall submit its report under this section within two months of the date 4[on which the 

dispute was referred to it] or within such shorter period as may be fixed by the appropriate Government: 

Provided that the appropriate Government may from time to time extend the time for the submission 

of the report by such further periods not exceeding two months in the aggregate: 

Provided further that the time for the submission of the report may be extended by such period as may 

be agreed on in writing by all the parties to the dispute. 

14. Duties of Courts.—A Court shall inquire into the matters referred to it and report thereon to the 

appropriate Government ordinarily within a period of six months from the commencement of its inquiry. 

5[15. Duties of Labour Courts, Tribunals and National Tribunals.—Where an industrial dispute 
has  been  referred  to  a  Labour  Court,  Tribunal  or  National  Tribunal  for  adjudication,  it  shall  hold  its 
proceedings  expeditiously  and  shall,  6[within  the  period  specified  in  the  order  referring  such  industrial 
dispute or the further period extended under the second proviso to sub-section (2A) of section 10], submit 
its award to the appropriate Government.  

16. Form of report or award.—(1) The report of a Board or Court shall be in writing and shall be 

signed by all the members of the Board or Court, as the case may be: 

Provided that nothing in this section shall be deemed to prevent any member of the Board or Court 

from recording any minute of dissent from a report or from any recommendation made therein. 

1. Ins. by Act 36 of 1956, s. 10 (w.e.f. 17-9-1956). 
2. Ins. by Act 36 of 1964, s. 8 (w.e.f. 19-12-1964). 
3. Subs. by Act 36 of 1956, s. 11, for “Tribunal” (w.e.f. 10-3-1957). 
4. Subs. by Act 40 of 1951, s. 6, for “of the notice under section 22”. 
5. Subs. by Act 36 of 1956, s. 12, for sections 15, 16, 17 and 17A (w.e.f. 10-3-1957). 
6. Subs. by Act 46 of 1982, s. 10, for certain words (w.e.f. 21-8-1984). 

31 

 
                                                           
(2) The  award  of a  Labour  Court  or Tribunal  or  National Tribunal  shall  be  in writing  and  shall  be 

signed by its presiding officer. 

17.  Publication  of  reports  and  awards.—(1)  Every  report  of  a  Board  or  Court  together  with  any 
minute  of  dissent  recorded  therewith,  every  arbitration  award  and  every  award  of  a  Labour  Court, 
Tribunal  or  National  Tribunal  shall,  within  a  period  of  thirty  days  from  the  date  of  its  receipt  by  the 
appropriate Government, be published in such manner as the appropriate Government thinks fit. 

(2) Subject to the provisions of section 17A, the award published under sub-section (1) shall be final 

and shall not be called in question by any Court in any manner whatsoever. 

17A. Commencement of the award.—(1) An award (including an arbitration award) shall become 

enforceable on the expiry of thirty days from the date of its publication under section 17: 

Provided that— 

(a) if the appropriate Government is of opinion, in any case where the award has been given by a 

Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or 

(b)  if  the  Central  Government  is  of  opinion,  in  any  case  where  the  award  has  been  given  by  a 

National Tribunal, 

that it will be inexpedient on public grounds affecting national economy or social justice to give effect to 
the  whole  or  any  part  of  the  award,  the  appropriate  Government,  or  as  the  case  may  be,  the  Central 
Government  may,  by  notification  in  the  Official  Gazette,  declare  that  the  award  shall  not  become 
enforceable on the expiry of the said period of thirty days. 

(2) Where any declaration has been made in relation to an award under the proviso to sub-section (1), 
the  appropriate  Government  or  the  Central  Government  may,  within  ninety  days  from  the  date  of 
publication of the award under section 17, make an order rejecting or modifying the award, and shall, on 
the first available opportunity, lay the award together with a copy of the order before the Legislature of 
the State, if the order has been made by a State Government, or before Parliament, if the order has been 
made by the Central Government. 

(3) Where any award as rejected or modified by an order made under sub-section (2) is laid before the 
Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen 
days from the date on which it is so laid; and where no order under sub-section (2) is made in pursuance 
of a declaration under the proviso to sub-section (1), the award shall become enforceable on the expiry of 
the period of ninety days referred to in sub-section (2). 

(4) Subject to the provisions of sub-section (1) and sub-section (3) regarding the enforceability of an 
award, the award shall come into operation with effect from such date as may be specified therein, but 
where  no  date  is  so  specified,  it  shall  come  into  operation  on  the  date  when  the  award  becomes 
enforceable under sub-section (1) or sub- section (3), as the case may be.]  

1[17B. Payment of full wages to workman pending proceedings in higher courts.—Where in any 
case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman 
and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the 
employer shall be liable to pay such workman, during the period of pendency of such proceedings in the 
High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance 
admissible to him under any rule if the workman had not been employed in any establishment during such 
period and an affidavit by such workman had been filed to that effect in such Court: 

Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such 
workman had been employed and had been receiving adequate remuneration during any such period or 
part thereof,  the  Court  shall  order that  no  wages  shall  be  payable  under this  section for  such  period  or 
part, as the case may be.]  

18.  Persons  on  whom  settlements  and  awards  are  binding.—2[(1)  A  settlement  arrived  at  by 
agreement  between  the employer and  workman  otherwise than in the  course  of conciliation  proceeding 
shall be binding on the parties to the agreement. 

1. Ins. by Act 46 of 1982, s. 11 (w.e.f. 21-8-1984).  
2. Ins. by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956). 

32 

 
 
 
                                                           
(2) 1[Subject to the provisions of sub-section (3), an arbitration award] which has become enforceable 

shall be binding on the parties to the agreement who referred the dispute to arbitration.] 

2[(3)]  A  settlement  arrived  at  in  the  course  of  conciliation  proceedings  under  this  Act  3[or  an 
arbitration award in a case where a notification has been issued under sub-section (3A) of section 10A] or 
4[an award  5[of a Labour Court, Tribunal or National Tribunal] which has become enforceable] shall be 
binding on— 

(a) all parties to the industrial dispute; 
(b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the 
Board,  6[arbitrator,]  7[Labour Court, Tribunal or National Tribunal], as the case may be, records the 
opinion that they were so summoned without proper cause; 

(c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or 

assigns in respect of the establishment to which the dispute relates; 

(d) where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who 
were  employed  in  the  establishment  or  part  of  the  establishment,  as  the  case  may  be,  to  which  the 
dispute relates on the date of the dispute and all persons who subsequently become employed in that 
establishment or part. 
19.  Period  of  operation  of  settlements  and  awards.—(1)  A  settlement  8***  shall  come  into 
operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the 
date on which the memorandum of the settlement is signed by the parties to the dispute. 

(2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such 
period is agreed upon, for a period of six months 9[from the date on which the memorandum of settlement 
is signed by the parties to the dispute], and shall continue to be binding on the parties after the expiry of 
the  period  aforesaid,  until  the  expiry  of  two  months  from  the  date  on  which  a  notice  in  writing  of  an 
intention  to  terminate  the  settlement  is  given  by  one  of  the  parties  to  the  other  party  or  parties  to  the 
settlement. 

10[(3) An award shall, subject to the provisions of this section, remain in operation for a period of one 

year 11[from the date on which the award becomes enforceable under section 17A]: 

Provided that the appropriate Government may reduce the said period and fix such period as it thinks 

fit: 

Provided further that the appropriate Government may, before the expiry of the said period, extend 
the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the 
total period of operation of any award does not exceed three years from the date on which it came into 
operation. 

(4) Where the appropriate Government, whether of its own motion or on the application of any party 
bound  by the award,  considers  that  since  the  award was  made,  there  has  been a  material  change  in  the 
circumstances on which it was based, the appropriate Government may refer the award or a part of it 12[to 
a  Labour  Court,  if  the  award  was  that  of  a  Labour  Court  or  to  a  Tribunal,  if  the  award  was  that  of  a 
Tribunal or of a National Tribunal] for decision whether the period of operation should not, by reason of 

1. Subs. by Act 36 of 1964, s. 9, for “An arbitration award” (w.e.f. 19-12-1964). 
2. Section 18 re-numbered as sub-section (3) of that section by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956). 
3. Ins. by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964). 
4. Subs. by Act 48 of 1950, s. 34 and the Schedule, for “an award which is declared by the appropriate Government to be binding 

under sub-section (2) of section 15”. 

5. Ins. by Act 36 of 1956, s. 13 (w.e.f. 10-3-1957). 
6. Ins. by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964). 
7. Subs. by Act 36 of 1956, s. 13, for “or Tribunal” (w.e.f. 10-3-1957). 
8.  The  words  “arrived  at  in  the  course  of  a  conciliation  proceeding  under  this  Act”  omitted  by  Act  36  of  1956,    s.  14               

(w.e.f. 7-10-1956). 

9. Ins. by s. 14, ibid. (w.e.f. 7-10-1956). 
10. Subs. by Act 48 of 1950, s. 34 and the Schedule, for sub-section (3). 
11. Ins. by Act 36 of 1956, s. 14 (w.e.f. 17-9-1956). 
12. Subs. by s. 14, ibid., for “to a Tribunal” (w.e.f. 10-3-1957). 

33 

 
                                                           
such change, be shortened and the decision of 1[Labour Court or the Tribunal, as the case may be] on such 
reference shall, 2*** be final. 

(5) Nothing contained in sub-section (3) shall apply to any award which by its nature, terms or other 
circumstances does not impose, after it has been given effect to, any continuing obligation on the parties 
bound by the award. 

(6)  Notwithstanding  the  expiry  of  the  period  of  operation  under  sub-section  (3),  the  award  shall 
continue  to  be  binding  on the  parties  until a  period  of two  months  has  elapsed from  the  date  on  which 
notice is given by any party bound by the award to the other party or parties intimating its intention to 
terminate the award. 

3[(7) No notice given under sub-section (2) or sub-section (6) shall have effect, unless it is given by a 

party representing the majority of persons bound by the settlement or award, as the case may be.]]  

20.  Commencement  and  conclusion  of  proceedings.—(1)  A  conciliation  proceeding  shall  be 
deemed  to  have  commenced  on  the  date  on  which  a  notice  of  strike  or  lock-out  under  section  22  is 
received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case 
may be. 

(2) A conciliation proceeding shall be deemed to have concluded— 

(a)  where  a  settlement  is  arrived  at,  when  a  memorandum  of  the  settlement  is  signed  by  the 

parties to the dispute; 

(b) where no settlement is arrived at, when the report of the conciliation officer is received by the 
appropriate Government or when the report of the Board is published under section 17, as the case 
may be; or 

(c)  when  a  reference  is  made  to  a  Court,  4[Labour  Court, Tribunal or  National Tribunal]  under 

section 10 during the pendency of conciliation proceedings. 

(3)  Proceedings  5[before  an  arbitrator  under  section  10A  or  before  a  Labour  Court,  Tribunal  or 
National Tribunal] shall be deemed to have commenced on the date or the  6[reference of the dispute for 
arbitration or adjudication, as the case may be] and such proceedings shall be deemed to have concluded 
7[on the date on which the award becomes enforceable under section 17A].  

21.  Certain matters to  be  kept  confidential.—There  shall  not  be  included  in any  report  or  award 
under this Act any information obtained by a conciliation officer, Board, Court, 8[Labour Court, Tribunal, 
National Tribunal or an arbitrator] in the course of any investigation or inquiry as to a trade union or as to 
any  individual  business  (whether  carried  on  by  a  person,  firm  or  company)  which  is  not  available 
otherwise than through the evidence given before such officer, Board, Court,  6[Labour Court, Tribunal, 
National Tribunal or an arbitrator], if the trade union, person, firm or company, in question has made a 
request in writing to the conciliation officer, Board, Court, 6[Labour Court, Tribunal, National Tribunal or 
an  arbitrator],  as  the  case may  be,  that such  information shall be treated  as  confidential; nor  shall  such 
conciliation  officer  or  any  individual  member  of  the  Board,  9[or  Court  or  the  presiding  officer  of  the 
Labour Court, Tribunal or National Tribunal or the arbitrator] or any person present at or concerned in the 
proceedings  disclose  any  such  information  without  the  consent  in  writing  of  the  secretary  of  the  trade 
union or the person, firm or company in question, as the case may be: 

Provided that nothing contained in this section shall apply to a disclosure of any such information for 

the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).  

1. Subs. by Act 36 of 1956,  s. 14, for “the Tribunal” (w.e.f. 10-3-1957). 
2. The words “subject to the provision for appeal omitted by s. 14, ibid. (w.e.f. 10-3-1957). 
3. Ins. by Act 36 of 1964, s. 10 (w.e.f. 19-12-1964). 
4. Subs. by Act 36 of 1956,  s. 15, for “or Tribunal” (w.e.f. 10-3-1957). 
5. Subs. by s. 15, ibid., for “before a Tribunal” (w.e.f. 10-3-1957). 
6. Subs. by s. 15, ibid., for “reference of a dispute for adjudication” (w.e.f. 10-3-1957). 
7. Subs. by Act 18 of 1952, s. 4, for certain words. 
8. Subs. by Act 36 of 1956, s. 16, for “or Tribunal” (w.e.f. 10-3-1957). 
9. Subs. by s. 16, ibid., for “Court or Tribunal” (w.e.f. 10-3-1957). 

34 

 
 
 
                                                           
CHAPTER V 

STRIKES AND LOCK-OUTS 

22. Prohibition of strikes and lock-outs.—(1) No person employed in a public utility service shall 

go on strike in breach of contract— 

(a)  without  giving  to  the  employer  notice  of  strike,  as  hereinafter  provided,  within  six  weeks 

before striking; or 

(b) within fourteen days of giving such notice; or 

(c) before the expiry of the date of strike specified in any such notice as aforesaid; or 

(d) during the pendency of any conciliation proceedings before a conciliation officer and seven 

days after the conclusion of such proceedings. 

(2) No employer carrying on any public utility service shall lock-out any of his workmen— 

(a)  without  giving  them  notice  of  lock-out  as  hereinafter  provided,  within  six  weeks  before 

locking out; or 

(b) within fourteen days of giving such notice; or 

(c) before the expiry the date of lock-out specified in any such notice as aforesaid; or 

(d) during the pendency of any conciliation proceedings before a conciliation officer and seven 

days after the conclusion of such proceedings. 

(3) The notice of lock-out or strike under this section shall not be necessary where there is already in 
existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send 
intimation  of  such  lock-out  or  strike  on  the  day  on  which  it  is  declared,  to  such  authority  as  may  be 
specified by the appropriate Government either generally or for a particular area or for a particular class 
of public utility services. 

(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such 

person or persons and in such manner as may be prescribed. 

(5)  The  notice  of  lock-out  referred  to  in  sub-section  (2)  shall  be  given  in  such  manner  as  may  be 

prescribed. 

(6) If on any day an employer receives from any persons employed by him any such notices as are 
referred to in sub-section (1) or gives to any persons employed by him any such notices as are referred to 
in  sub-section  (2),  he  shall  within  five  days  thereof  report  to  the  appropriate  Government  or  to  such 
authority as that Government may prescribe the number of such notices received or given on that day. 

23. General prohibition of strikes and lock-outs.—No workman who is employed in any industrial 
establishment shall go on strike in breach of contract and no employer of any such workman shall declare 
a lock-out— 

(a)  during  the  pendency  of  conciliation  proceedings  before  a  Board  and  seven  days  after  the 

conclusion of such proceedings; 

(b) during the pendency of proceedings before  1[a Labour Court, Tribunal or National Tribunal] 

and two months after the conclusion of such proceedings; 2***  

3[(bb) during the pendency of arbitration proceedings before an arbitrator and two months after 
the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of 
section 10A; or] 

(c)  during  any  period  in  which  a  settlement  or  award  is  in  operation,  in  respect  of  any  of  the 

matters covered by the settlement or award.  

1. Subs. by Act 36 of 1956, s. 17, for “a Tribunal” (w.e.f. 10-3-1957). 
2. The word “or” omitted by Act 36 of 1964, s. 11 (w.e.f. 19-12-1964). 
3. Ins. by s. 11, ibid. (w.e.f. 19-12-1964). 

35 

 
                                                           
24. Illegal strikes and lock-outs.—(1) A strike or a lock-out shall be illegal if— 

(i) it is commenced or declared in contravention of section 22 or section 23; or 

(ii)  it  is  continued  in  contravention  of  an  order  made  under  sub-section  (3)  of  section  10  1[or  

sub-section (4A) of section 10A]. 

(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in 
existence at the time of the reference of the dispute to a Board, 4[an arbitrator, a] 2[Labour Court, Tribunal 
or  National  Tribunal],  the  continuance  of  such  strike  or  lock-out  shall  not  be  deemed  to  be  illegal, 
provided that such strike or lock-out was not at its commencement in contravention of the provisions of 
this Act or the continuance thereof was not prohibited under sub-section (3) of section 10 4[or sub-section 
(4A) of section 10A]. 

(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an 

illegal lock-out shall not be deemed to be illegal. 

25.  Prohibition  of  financial  aid  to  illegal  strikes  and  lock-outs.—No  person  shall  knowingly 

expend or apply any money in direct furtherance of support of any illegal strike or lock-out. 

3[CHAPTER VA 

LAY-OFF AND RETRENCHMENT 

25A. Application of sections 25C to 25E.—(1) Sections 25C to 25E inclusive  4[shall not apply to 

industrial establishments to which Chapter VB applies, or—] 

(a) to industrial establishments in which less than fifty workmen on an average per working day 

have been employed in the preceding calendar month; or 

(b) to industrial establishments which are of a seasonal character or in which work is performed 

only intermittently. 

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

5[Explanation.—In  this  section  and  in  sections  25C,  25D  and  25E,  “industrial  establishment” 

means— 

(i) a factory as defined in clause (m) of section 2 of the Factories Act 1948 (63 of 1948); or 

(ii) a mine as defined in clause (i) of section 2 of the Mines Act, 1952 (35 of 1952); or 

(iii)  a  plantation  as  defined  in  clause  (f)  of  section  2  of  the  Plantations  Labour  Act,  1951  

(69 of 1951).] 
6[25B. Definition of continuous service.—For the purposes of this Chapter,— 

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in 
uninterrupted  service,  including  service  which  may  be  interrupted  on  account  of  sickness  or 
authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work 
which is not due to any fault on the part of the workman; 

(2) where a workman is not in continuous service within the meaning of clause (1) for a period of 

one year or six months, he shall be deemed to be in continuous service under an employer— 

1. Ins. by Act 36 of 1964, s. 12  (w.e.f. 19-12-1964). 
2. Subs. by Act 36 of 1956, s. 18, for “or Tribunal” (w.e.f. 10-3-1957). 
3. Ins. by Act 43 of 1953, s. 3 (w.e.f. 24-10-1953). 
4. Subs. by Act 32 of 1976, s. 2, for “shall not apply-” (w.e.f. 5-3-1976). 
5. Subs. by Act 48 of 1954, s. 2, for the Explanation (w.e.f. 1-4-1954). 
6. Subs. by Act 36 of 1964, s. 13, for section 25B (w.e.f. 19-12-1964). 

36 

 
                                                           
(a)  for  a  period  of  one  year,  if  the  workman,  during  a  period  of  twelve  calendar  months 
preceding the date with reference to which calculation is to be made, has actually worked under 
the employer for not less than— 

(i) one hundred and ninety days in the case of a workman employed below ground in a 

mine; and 

(ii) two hundred and forty days, in any other case; 

(b)  for  a  period  of  six  months,  if  the  workman,  during  a  period  of  six  calendar  months 
preceding the date with reference to which calculation is to be made, has actually worked under 
the employer for not less than— 

(i) ninety-five days, in the case of a workman employed below ground in a mine; and  

(ii) one hundred and twenty days, in any other case. 

Explanation.—For  the  purposes  of  clause  (2),  the  number  of  days  on  which  a  workman  has 

actually worked under an employer shall include the days on which— 

(i) he has been laid-off under an agreement or as permitted by standing orders made under the 
Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under this Act or under any 
other law applicable to the industrial establishment; 

(ii) he has been on leave with full wages, earned in the previous years; 

(iii) he has been absent due to temporary disablement caused by accident arising out of and in 

the course of his employment; and 

(iv) in the case of a female, she has been on maternity leave; so, however, that the total period 

of such maternity leave does not exceed twelve weeks.] 

1[25C.  Right  of  workmen  laid-off  for  compensation.—Whenever  a  workman  (other  than  a  badli 
workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment 
and  who  has  completed  not  less  than  one  year  of  continuous  service  under  an  employer  is  laid-off, 
whether continuously or intermittently, he shall be paid by the employer for all days during which he is so 
laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per 
cent. of the total of the basic wages and dearness allowance that would have been payable to him had he 
not been so laid-off: 

Provided that if during any period of twelve months, a workman is so laid-off for more than forty-five 
days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the 
first forty-five days, if there is an agreement to that effect between the workman and the employer: 

Provided  further  that  it  shall  be  lawful  for  the  employer  in  any  case  falling  within  the  foregoing 
proviso to retrench the workman in accordance with the provisions contained in section 25F at any time 
after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to 
the  workman  for  having  been  laid-off  during  the  preceding  twelve  months  may  be  set  off  against  the 
compensation payable for retrenchment. 

Explanation.—”Badli workman” means a workman who is employed in an industrial establishment in 
the  place  of  another  workman  whose  name  is  borne  on  the  muster  rolls  of  the  establishment,  but  shall 
cease to be regarded as such for the purposes of this section, if he has completed one year of continuous 
service in the establishment.] 

25D. Duty of an employer to maintain muster rolls of workmen.—Notwithstanding that workmen 
in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for 
the purposes of this Chapter a muster roll and to provide for the making of entries therein by workmen 
who may present themselves for work at the establishment at the appointed time during normal working 
hours. 

1. Subs. by Act 35 of 1965, s. 5, for section 25C (w.e.f. 1-12-1965). 

37 

 
                                                           
25E. Workmen not entitled to compensation in certain cases.—No compensation shall be paid to a 

workman who has been laid-off— 

(i) if he refuses to accept any alternative employment in the same establishment from which he 
has been laid-off, or in any other establishment belonging to the same employer situate in the same 
town or village or situate within a radius of five miles from the establishment to which he belongs, if, 
in  the  opinion  of  the  employer,  such  alternative  employment  does  not  call  for  any  special  skill  or 
previous experience and can be done by the workman, provided that the wages which would normally 
have been paid to the workman are offered for the alternative employment also; 

(ii)  if  he  does  not  present  himself  for  work  at  the  establishment  at  the  appointed  time  during 

normal working hours at least once a day; 

(iii) if such laying-off is due to a strike or slowing-down of production on the part of workmen in 

another part of the establishment. 

25F. Conditions precedent to retrenchment of workmen.—No workman employed in any industry 
who has been in continuous service for not less than one year under an employer shall be retrenched by 
that employer until— 

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

1* 

 * 

 * 

 * 

 * 

(b)  the  workman  has  been  paid,  at  the  time  of  retrenchment,  compensation  which  shall  be 
equivalent to fifteen days' average pay 2[for every completed year of continuous service] or any part 
thereof in excess of six months; and 

(c) notice in the prescribed manner is served on the appropriate Government  3[or such authority 

as may be specified by the appropriate Government by notification in the Official Gazette]. 

STATE AMENDMENT 

Union Territory of Jammu and Kashmir and Ladakh 

Section 25F.—In clause (b), for "fifteen days", substitute "thirty days" 

[Vide  Union  Territory  of  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Second 
Order,  2020,  Notification  No.  S.O.  3465(E),  dated  (5-10-2020)  and  Vide  Union  Territory  of  Ladakh 
Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  Notification  No.  S.O.  3774(E),  dated           
(23-10-2020).] 

4[25FF. Compensation to workmen in case of transfer of undertakings.—Where the ownership or 
management  of  an  undertaking  is  transferred,  whether  by  agreement  or  by  operation  of  law,  from  the 
employer in relation to that undertaking to a new employer, every workman who has been in continuous 
service for not less than one year in that undertaking immediately before such transfer shall be entitled to 
notice and compensation in accordance with the provisions of section 25F, as if the workman had been 
retrenched: 

Provided  that  nothing  in  this  section  shall  apply  to  a  workman  in  any  case  where  there  has  been  a 

change of employers by reason of the transfer, if— 

(a) the service of the workman has not been interrupted by such transfer; 

1. The proviso omitted by Act 49 of 1984, s. 3 (w.e.f. 18-8-1984). 
2. Subs. by Act 36 of 1964, s. 14, for “for every completed year of service” (w.e.f. 19-12-1964). 
3. Ins. by s. 14, ibid. (w.e.f. 19-12-1964). 
4. Subs. by Act 18 of 1957, s. 3, for section 25FF (w.e.f. 28-11-1956). 

38 

 
 
 
 
 
 
 
 
                                                           
(b) the terms and conditions of service applicable to the workman after such transfer are not in 
any way less favourable to the workman than those applicable to him immediately before the transfer; 
and 

(c) the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the 
workman,  in  the  event  of  his  retrenchment,  compensation  on  the  basis  that  his  service  has  been 
continuous and has not been interrupted by the transfer. 

1[25FFA.  Sixty  days’  notice  to  be  given  of  intention  to  close  down  any  undertaking.—(1)  An 
employer  who  intends  to  close  down  an  undertaking  shall  serve,  at  least  sixty  days  before  the  date  on 
which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate 
Government stating clearly the reasons for the intended closure of the undertaking: 

Provided that nothing in this section shall apply to— 

(a) an undertaking in which— 

(i) less than fifty workmen are employed, or 

(ii) less than fifty workmen were employed on an average per working day in the preceding 

twelve months, 
(b)  an  undertaking  set  up  for  the  construction  of  buildings,  bridges,  roads,  canals,  dams  or  for 

other construction work or project. 
(2) Notwithstanding anything contained in sub-section (1), the appropriate Government may, if it is 
satisfied  that  owing  to  such  exceptional  circumstances  as  accident  in  the  undertaking  or  death  of  the 
employer or the like it is necessary so to do, by order, direct that provisions of sub-section (1) shall not 
apply in relation to such undertaking for such period as may be specified in the order.] 

25FFF.  Compensation  to  workmen  in  case  of  closing  down  of  undertakings.—(1)  Where  an 
undertaking  is  closed  down  for  any  reason  whatsoever,  every  workman  who  has  been  in  continuous 
service for not less than one year in that undertaking immediately before such closure shall, subject to the 
provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of 
section 25F, as if the workman had been retrenched: 

Provided that where the undertaking is closed down on account of unavoidable circumstances beyond 
the control of the employer, the compensation to be paid to the workman under clause (b) of section 25F 
shall not exceed his average pay for three months. 

2[Explanation.—An undertaking which is closed down by reason merely of— 

(i) financial difficulties (including financial losses); or 
(ii) accumulation of undisposed of stocks; or 
(iii) the expiry of the period of the lease or licence granted to it; or 
(iv) in a case where the undertaking is engaged in mining operations, exhaustion of the minerals 

in the area in which such operations are carried on; 

shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the 
employer within the meaning of the proviso to this sub-section.] 

3[(1A)  Notwithstanding  anything  contained  in  sub-section  (1),  where  an  undertaking  engaged  in 
mining  operations  is  closed  down  by  reason  merely  of  exhaustion  of  the  minerals  in  the  area in  which 
such operations are carried on, no workman referred to in that sub-section shall be entitled to any notice 
or compensation in accordance with the provisions of section 25F, if— 

(a) the employer provides the workman with alternative employment with effect from the date of 
closure at the same remuneration as he was entitled to receive, and on the same terms and conditions 
of service as were applicable to him, immediately before the closure; 

(b) the service of the workman has not been interrupted by such alternative employment; and 
(c) the employer is, under the terms of such alternative employment or otherwise, legally liable to 
pay to the workman, in the event of his retrenchment, compensation on the basis that his service has 
been continuous and has not been interrupted by such alternative employment. 

1. Ins. by Act 32 of 1972, s. 2. 
2. Subs. by Act 45 of 1971, s. 4, for the Explanation (w.e.f. 15-12-1971). 
3. Ins. by s. 4, ibid. (w.e.f. 15-12-1971). 

39 

 
                                                           
(1B)  For  the  purposes  of  sub-sections  (1)  and  (1A),  the  expressions  “minerals”  and  “mining 
operations” shall have the meanings respectively assigned to them in clauses (a) and (d) of section 3 of 
the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957).] 

(2)  Where  any  undertaking  set-up  for the  construction  of  buildings,  bridges, roads, canals,  dams  or 
other construction work is closed down on account of the completion of the work within two years from 
the date on which the undertaking had been set-up, no workman employed therein shall be entitled to any 
compensation under clause (b) of section 25F, but if the construction work is not so completed within two 
years,  he  shall  be  entitled to  notice  and  compensation  under  that  section  for  every  1[completed  year  of 
continuous service] or any part thereof in excess of six months.] 

25G. Procedure for retrenchment.—Where any workman in an industrial establishment, who is a 
citizen  of  India,  is  to  be  retrenched  and  he  belongs  to  a  particular  category  of  workmen  in  that 
establishment, in the absence of any agreement between the employer and the workman in this behalf, the 
employer shall ordinarily retrench the workman who was the last person to be employed in that category, 
unless for reasons to be recorded the employer retrenches any other workman. 

25H.  Re-employment  of  retrenched  workmen.—Where  any  workmen  are  retrenched,  and  the 
employer proposes to take into his employ any persons, he shall, in such manner as may be prescribed, 
give  an  opportunity  2[to  the  retrenched  workmen  who  are  citizens  of  India  to  offer  themselves  for  re-
employment  and  such  retrenched  workman]  who  offer  themselves  for  re-employment  shall  have 
preference over other persons. 

25-I. [Recovery of moneys due from employres under this chapter.] Rep. by the Industrial Disputes 

(Amendment and Miscellaneous Provisions) Act, 1956 (36 of 1956), s. 19 (w.e.f. 10-3-1957). 

25J. Effect of laws inconsistent with this Chapter.—(1) The provisions of this Chapter shall have 
effect  notwithstanding  anything  inconsistent  therewith  contained  in  any  other  law  [including  standing 
orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946)]: 

3[Provided that  where  under  the provisions of  any  other  Act or  rules,  orders  or notifications  issued 
thereunder or under any standing orders or under any award, contract of service or otherwise, a workman 
is entitled to benefits in respect of any matter which are more favourable to him than those to which he 
would  be  entitled  under  this  Act,  the  workman  shall  continue  to  be  entitled  to  the  more  favourable 
benefits  in  respect  of  that  matter,  notwithstanding  that  he  receives  benefits  in  respect  of  other  matters 
under this Act.] 

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

4[CHAPTER VB 

SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN 
ESTABLISHMENTS 

25K. Application of Chapter VB.—(1) The provisions of this Chapter shall apply to an industrial 
establishment  (not  being  an  establishment  of  a  seasonal  character  or  in  which  work  is  performed  only 
intermittently) in which not less than 5[one hundred] workmen were employed on an average per working 
day for the preceding twelve months. 

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

1. Subs. by Act 36 of 1964, s. 15, for “completed year of service” (w.e.f. 19-12-1964). 
2. Subs. by s. 16, ibid., for certain words (w.e.f. 19-12-1964). 
3. Subs. by Act 36 of 1964, s. 17, for the proviso (w.e.f. 19-12-1964). 
4. Ins. by Act 32 of 1976, s. 2 (w.e.f. 5-3-1976). 
5. Subs. by Act 46 of 1982, s. 12, for “three hundred” (w.e.f. 21-8-1984). 

40 

 
                                                           
STATE AMENDMENT 

Andhra Pradesh 

In Section 25K 

The following shall be substituted, namely:— 

“25-K.Application of Chapter V-B:—(1) The provisions of this chapter shall apply to an industrial 
establishment  (not  being  an  establishment  of  a  seasonal  character  or  in  which  work  is  performed  only 
intermittently) in which not less than three hundred workmen were employed on an average per working 
day for the preceding twelve months. 

(2) Without prejudice to the provisions of sub-section (1), the State Government, may, if satisfied that 
maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in 
the  official  gazette  apply  the  provisions  of  this  chapter  to  an  industrial  establishment  (not  being  an 
establishment of a seasonal character or in which work is performed only intermittently) in which such 
number  of  workmen  which  may  be  less  than  three  hundred  but  not  less  than  one  hundred,  as  may  be 
specified  in  the  notification,  were  employed  on  an  average  per  working  day  for  the  preceding  twelve 
months. 

(3) If a question arises whether an industrial establishment is of a seasonal character or whether work 

is performed therein only intermittently, the decision of the State Government thereon shall be final.” 
[Vide Andhra Pradesh 12 of 2015, s. 3] 
Assam 

Amendment  of  section  25K.-In  the  principal  Act,  in  section  25K,  for  the  words  “one  hundred”, 
words  

“workmen”, 

between 

“than” 

words 

and 

the 

the 

in 

appearing 
three hundred” shall be substituted. 
[Vide Assam Act 22 of 2018, s. 2] 
Karnataka 

Amendment  of  section  25K.—In  section  25K  of  the  principal  Act,  after  sub-section  (1),  the 

following sub-section shall be inserted, namely:— 

“(1A) Notwithstanding anything contained in sub-section (1) the State Government may, from time to 
time by notification in the official gazette, apply the provisions of section 25-O and section 25-R in so far, 
as they relate to contravention of sub-section (2) of section 25-O, also to an industrial establishment of a 
seasonal character or in which work is performed only intermittently in which not less than one hundred 
workmen were employed on an average per working day for the preceding twelve months.” 
[Vide the Karnataka Act 5 of 1988, s. 5] 
Orissa 

Amendment  of  section  25K.—In  section  25K  of  the  Industrial  Disputes  Act,  1947  (14  of  1947) 
(hereinafter referred to as the principal Act), in sub-section (1), for the words “three hundred”, the words 
“one hundred” shall be substituted. 

[Vide the Orissa Act 6 of 1983, s. 2] 

Union Territory of Jammu and Kashmir and Ladakh 

Section 25K.--In sub-section (1), for "one hundred", substitute "three hundred". 

[Vide  Union  Territory  of  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Second 
Order,  2020,  Notification  No.  S.O.  3465(E),  dated  (5-10-2020)  and  Vide  Union  Territory  of  Ladakh 
Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  Notification  No.  S.O.  3774(E),  dated           
(23-10-2020). 

Rajasthan 

Amendment of section 25-k, Central Act No. 14 of 1947.- After sub-section (1) of section 25-k of 
the  Industrial  Disputes  Act,  1947  (Central  Act  No.  14  of  1947),  hereinafter  referred  to  as the  principle 
Act, the following new sub-section shall be inserted, namely:- 

“(1-A)  Without  prejudice  to  the  provisions  contained  in  sub  section  (1),  the  State  Government 
may, if satisfied  that maintenance of industrial peace or prevention of vietimisation of workmen so 

41 

 
requires, by notification in the Official Gazette, apply the provisions of this Chapter to an industrial 
establishment (not being an establishment of a seasonal character or in which work is performed only 
intermittently) in which such number of workmen, which may be less than three hundred but not less 
than one hundred as may be specified in the notification, were employed on an average per working 
day for the preceding twelve months.” 

[Vide Rajasthan Act 8 of 1984, s.2] 

Rajasthan 

Amendment of section 25K, Central Act No. 14 of 1947.- For the existing section 25K of the principal 
Act, the following shall be substituted, namely:-  

“25K.  Application  of  Chapter  VB.-  (1)  The  provisions  of  this  Chapter  shall  apply  to  an 
industrial  establishment  (not  being  an  establishment  of  a  seasonal  character  or  in  which  work  is 
performed only intermittently) in which not less than three hundred workmen were employed on an 
average per working day for the preceding twelve months.  

(2) Without prejudice to the provisions of sub-section (1), the State Government may, if satisfied 
that  maintenance  of  industrial  peace  or  prevention  of  victimization  of  workmen  so  requires,  by 
notification in the Official Gazette apply the provisions of this Chapter to an industrial establishment, 
(not being an establishment of a seasonal character or in which work is performed only intermittently) 
in  which  such  number  of  workmen  which  may  be  less  than  three  hundred  but  not  less  than  one 
hundred, as may be specified in the notification, were employed on an average per working day for 
the preceding twelve  months.  

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

[Vide Rajasthan Act 21 of 2014, s. 7] 

Gujarat 

Amendment of section 25K of XIV of 1947.—In the Industrial Disputes Act, 1947 (XIV of 1947), 

in its application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 25K,-- 

(i)  in  sub-section  (1),  for  the  words  “one  hundred”,  the  words  “three  hundred”  shall  be 

substituted; 

(ii) after sub-section (1), the following sub-section shall be inserted, namely:- 

“(1A) Without prejudice to the provisions of sub-section (1), the State Government may, if 
satisfied  that  the  maintenance  of industrial peace or prevention of victimization of workmen  so 
requires,  by  notification  in  the  Official  Gazette,  apply  the  provision  of  this  Chapter  to  an 
industrial establishment (not being an establishment of a seasonal character or in which work is 
performed only intermittently) in which such number  of workmen which may be less than three 
hundred but not less than one hundred, as may be specified in the notification, were employed on 
an average per working day for the preceding twelve months.”. 

[Vide Gujarat Act 1 of 2021, s. 2] 

25L. Definitions.—For the purposes of this Chapter,— 

(a) “industrial establishment” means— 

(i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); 
(ii)  a  mine  as  defined  in  clause  (i)  of  sub-  section  (1)  of  section  2  of  the  Mines  Act,  1952  

(35 of 1952); or 

(iii)  a  plantation  as  defined  in  clause  (f)  of  section  2  of  the  Plantations  Labour  Act,  1951  

(69 of 1951); 
(b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2,— 

(i) in relation to any company in which not less than fifty-one per cent. of the paid-up share 

capital is held by the Central Government, or 

42 

 
(ii)  in  relation  to  any  corporation  [not  being  a  corporation  referred  to  in  sub-clause  (i)  of 
clause  (a)  of  section  2]  established  by  or  under  any  law  made  by  Parliament,  the  Central 
Government shall be the appropriate Government. 

Rajasthan  

Amendment  of  section  25-L,  Central  Act  No.  14  of  1947.---In  clause  (b)  of  section  25-L  of  the 
principle  Act,  for  the  expression  “the  Central  Government  shall  be  the  appropriate  Government”,  the 
expression “the State Government shall have no powers under his this Chapter” shall be substituted. 

[Vide Rajasthan Act 8 of 1984, s. 3] 

25M. Prohibition of lay-off.—(1) No workman (other than a badli workman or a casual workman) 
whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies shall 
be  laid-off  by  his  employer  except  1[with  the  prior  permission  of  the  appropriate  Government  or  such 
authority as may be specified by that Government by notification in the Official Gazette (hereafter in this 
section referred to as the specified authority), obtained on an application made in this behalf, unless such 
lay-off is due to shortage of power or to natural calamity, and in the case of a mine, such lay-off is due 
also to fire, flood, excess of inflammable gas or explosion]. 

2[(2)  An  application  for  permission  under  sub-section  (1)  shall  be  made  by  the  employer  in  the 
prescribed manner stating clearly the reasons for the intended lay-off and a copy of such application shall 
also be served simultaneously on the workmen concerned in the prescribed manner. 

(3)  Where  the  workman  (other  than  badli  workmen  or  casual  workmen)  of  an  industrial 
establishment, being a mine, have been laid-off under sub-section (1) for reasons of fire, flood or excess 
of inflammable gas or explosion, the employer, in relation to such establishment, shall, within a period of 
thirty  days  from  the  date  of  commencement  of  such  lay-off,  apply,  in  the  prescribed  manner,  to  the 
appropriate Government or the specified authority for permission to continue the lay-off. 

(4) Where an application for permission under sub-section (1) or sub-section (3) has been made, the 
appropriate  Government  or  the  specified  authority,  after  making  such  enquiry  as  it  thinks  fit  and  after 
giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons 
interested in such  lay-off, may,  having  regard to the genuineness and  adequacy  of  the reasons  for such 
lay-off, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded 
in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the 
employer and the workmen. 

(5) Where an application for permission under sub-section (1) or sub-section (3) has been made and 
the  appropriate  Government  or  the  specified  authority  does  not  communicate  the  order  granting  or 
refusing to grant permission to the employer within a period of sixty days from the date on which such 
application is made, the permission applied for shall be deemed to have been granted on the expiration of 
the said period of sixty days. 

(6) An order of the appropriate Government or the specified authority granting or refusing to grant 
permission  shall,  subject  to  the  provisions  of  sub-section  (7),  be  final  and  binding  on  all  the  parties 
concerned and shall remain in force for one year from the date of such order. 

(7) The appropriate Government or the specified authority may, either on its own motion or on the 
application  made  by  the  employer  or  any  workman,  review  its  order  granting  or  refusing  to  grant 
permission under sub-section (4) or refer the matter or, as the case may be, cause it to be referred,  to a 
Tribunal for adjudication: 

Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an 

award within a period of thirty days from the date of such reference. 

(8) Where no application for permission under sub-section (1) is made, or where no application for 
permission under sub-section (3) is made within the period specified therein, or where the permission for 
any  lay-off  has  been  refused,  such  lay-off  shall  be  deemed  to  be  illegal  from  the  date  on  which  the 

1. Subs. by Act 49 of 1984, s. 4, for certain words (w.e.f. 18-8-1984). 
2. Subs. by Act 49 of 1984, s. 4, for sub-sections (2) to (5) (w.e.f. 18-8-1984). 

43 

 
                                                           
workmen  had  been  laid-off  and the  workmen  shall  be  entitled  to  all the  benefits  under  any  law  for  the 
time being in force as if they had not been laid-off. 

(9)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this  section,  the  appropriate 
Government  may,  if  it  is  satisfied  that  owing  to  such  exceptional  circumstances  as  accident  in  the 
establishment  or  death  of  the  employer  or  the  like,  it  is  necessary  so  to  do,  by  order,  direct  that  the 
provisions of sub-section (1), or, as the case may be, sub-section (3) shall not apply in relation to such 
establishment for such period as may be specified in the order.] 

1[(10)] The provisions of section 25C (other than the second proviso thereto) shall apply to cases of 

lay-off referred to in this section. 

Explanation.—For the purposes of this section, a workman shall not be deemed to be laid-off by an 
employer if such employer offers any alternative employment (which in the opinion of the employer does 
not  call  for  any  special  skill  or  previous  experience  and  can  be  done  by  the  workman)  in  the  same 
establishment  from  which  he  has  been  laid-off  or  in  any  other  establishment  belonging  to  the  same 
employer, situate in the same town or village, or situate within such distance from the establishment to 
which he belongs that the transfer will not involve undue hardship to the workman having regard to the 
facts and circumstances of his case, provided that the wages which would normally have been paid to the 
workman are offered for the alternative appointment also. 

Rajasthan 

STATE AMENDMENT 

Amendment of section 25-M, Central Act No. 14 of 1947.- In section 25-M of the principle Act,-  

(a) in sub-section (1), between the expression “this Chapter applies” and the expression “shall be 
laid off", the expression “or is applied under sub-section (1-A) of section 25-k” shall be inserted and 
for the expression “apropriate Government”, the expression “State Government" shall be substituted; 

(b) in sub-section  (2),  for  the  expression  “(Amendment)  Act, 1976”  the  expression  “(Rajasthan 

Amendment) Act, 1984” shall be substituted; 

 (c) for the existing sub-section  (3), the following sub-sections shall be substituted, namely:- 

     “(3) In the case of every application for permission under sub-section (1) or sub-section 
(2), the employer shall state clearly the reasons due to   which he intends to lay off or continue the 
lay off of a workman and a copy of such application shall be served on the workman Intended to 
be laid off or continued to be laid off by registered post with acknowledgment due. 

(4) Where an application for permission has been made under sub-section (1) or sub-section 
(2), the authority to whom the application has been made, after making such enquiry as it thinks 
fit and after giving reasonable opportunity of being heard to the employer and the workman, may, 
having regard to the genuineness and adequacy of the reasons stated by the employer, the terms 
of  contract  of  service  and  the  standing  orders  governing  the  establishment,  by  order  and  for 
reasons to be recorded in writing grant or refuse to grant such permission and such order shall be 
communicated to the employer and the workman.”; 

(d) the existing sub-section (4) shall be re-numbered as sub-section (5) thereof; 

(e) after sub-section (5) as so re-numbered the following sub-section shall be inserted, namely:- 

"(6)  An  order  of  the  authority  specified  under  sub-section  (1)  granting  or  refusing  to  grant 
permission  shall,  subject  to  the  provisions  of  sub-section  (7),  be  final  and  binding  on  both  the 
parties. 

 (7)  The  authority  specified  under  sub-section  (1)  may,  either  of  its  own  motion  or  on  the 
application made by the employer or the workman , review its order granting or refusing to grant 
permission under sub-section (4) or refer the matter to the Labour Court having jurisdiction for 
adjudication: 

1. Sub-section (6) re-numbered as sub-section (10) by s. 4, ibid.,   (w.e.f. 18-8-1984). 

44 

 
                                                           
Provided that where a reference has been made to a Labour Court under this sub-section, it 

shall pass an award within a period of thirty days from the date of such reference.”, and 

    (f) the existing sub-sections (5) and (6) shall be renumbered as sub-sections (8) and (9) thereof. 

[Vide Rajasthan Act 8 of 1984, s.  4] 

1[25N.  Conditions  precedent  to  retrenchment  of  workmen.—(1)  No  workman  employed  in  any 
industrial  establishment  to  which  this  Chapter  applies,  who  has  been  in  continuous  service  for  not  less 
than one year under an employer shall be retrenched by that employer until,— 

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

(b) the prior permission of the appropriate Government or such authority as may be specified by 
that  Government  by  notification  in  the  Official  Gazette  (hereafter  in  this  section  referred  to  as  the 
specified authority) has been obtained on an application made in this behalf.  

(2)  An  application  for  permission  under  sub-section  (1)  shall  be  made  by  the  employer  in  the 
prescribed  manner  stating  clearly  the  reasons  for  the  intended  retrenchment  and  a  copy  of  such 
application shall also be served simultaneously on the workmen concerned in the prescribed manner. 

(3)  Where  an  application  for  permission  under  sub-section  (1)  has  been  made,  the  appropriate 
Government  or  the  specified  authority,  after  making  such  enquiry  as  it  thinks  fit  and  after  giving  a 
reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested 
in such retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the 
employer,  the  interests  of  the  workmen  and  all  other  relevant  factors,  by  order  and  for  reasons  to  be 
recorded  in  writing,  grant  or  refuse  to  grant  such  permission  and  a  copy  of  such  order  shall  be 
communicated to the employer and the workmen. 

(4)  Where  an  application  for  permission  has  been  made  under  sub-section  (1)  and  the  appropriate 
Government  or  the  specified  authority  does  not  communicate  the  order  granting  or  refusing  to  grant 
permission to the employer within a period of sixty days from the date on which such application is made, 
the permission applied for shall be deemed to have been granted on the expiration of the said period of 
sixty days. 

(5) An order of the appropriate Government or the specified authority granting or refusing to grant 
permission  shall,  subject  to  the  provisions  of  sub-section  (6),  be  final  and  binding  on  all  the  parties 
concerned and shall remain in force for one year from the date of such order. 

(6) The appropriate Government or the specified authority may, either on its own motion or on the 
application  made  by  the  employer  or  any  workman,  review  its  order  granting  or  refusing  to  grant 
permission under sub-section (3) or refer the matter or, as the case may be, cause it to be referred,  to a 
Tribunal for adjudication: 

Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an 

award within a period of thirty days from the date of such reference. 

(7) Where no application for permission under sub-section (1) is made, or where the permission for 
any  retrenchment  has  been  refused,  such  retrenchment  shall  be  deemed  to  be  illegal  from  the  date  on 
which the notice of retrenchment was given to the workman and the workman shall be entitled to all the 
benefits under any law for the time being in force as if no notice had been given to him. 

(8)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this  section,  the  appropriate 
Government  may,  if  it  is  satisfied  that  owing  to  such  exceptional  circumstances  as  accident  in  the 
establishment  or  death  of  the  employer or  the  like,  it  is  necessary  so  to  do,  by  order,  direct,  that  the 
provisions of sub- section (1) shall not apply in relation to such establishment for such period as may be 
specified in the order. 

1. Subs. by Act 49 of 1984, s. 5, for section 25N (w.e.f. 18-8-1984). 

45 

 
                                                           
(9) Where permission for retrenchment has been granted under sub-section (3) or where permission 
for retrenchment is deemed to be granted under sub-section (4), every workman who is employed in that 
establishment  immediately  before  the  date  of  application  for  permission  under  this  section  shall  be 
entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days’ 
average pay for every completed year of continuous service or any part thereof in excess of six months.] 

Rajasthan 

STATE AMENDMENT 

Amendment of section 25-N, Central Act No. 14 of 1947.--In section 25-N of the principle Act,- 

          (a) in sub-section (1),- 

(i)  between  the  expression  “this  Chapter  applies”  and  the  expression  “who  has  been”,  the 
expression “or is applied under sub-section (1-A) of section 25-K” shall be inserted; and 

(ii) for clause (c), the following clause shall be substituted, namely:- 

"(c)   three months’ notice in writing stating clearly the reasons for retrenchment is served on 
the State Government or such authority as may be specified by the State Government by 
notification  in  the  Official  Gazette  by  registered  post  with  acknowledgement  due,  and 
the  permission  of  the  State  Government  or  of  such  authority  is  obtained  under  sub 
section (2).”; 

            (b) for sub-section (2), the following sub-section shall be substituted, namely:- 

“(2)    On  receipt  of  a  notice  under  clause  (c)  of  sub-section  (1),  the  State  Government  or 
authority,  after  making  such  enquiry  as  it  thinks  fit  and  after  giving  reasonable 
opportunity  of  being  heard  to  the  employer,  the  workman  and  the  office-bearer  of  the 
representative union of the concerned industrial establishment, may, having regard to the  
genuineness  and  adequacy  of  the  reasons  stated  by  the  employer,  requirements  of 
industrial peace, prevention of victimisation and unfair labour practice, by order and for 
reasons to be recorded in writing grant or refuse to grant such permission and such order 
shall  be  communicated  to  the  employer,  the  workman  and  the  office-bearer  of  such 
representative union.”; 

(c) in sub-section (4), for the expression “(Amendment) Act, 1976", the expression “(Rajasthan 
Amendment) Act, 1984”, for the expression “(a) of section 25-F", the expression “(c) of sub 
section (1)”, for the word “appropriate”, the word “State” and for the expression “sub-section 
(2)” the expression “the said clause of the said sub-section” shall respectively be substituted; 

             (d) in sub-section (5), for the word “appropriate”, the word “State” shall be substituted; 

             (e) after sub-section (5), the following sub-section shall be inserted, namely:- 

 “(6)  An  order  of  the  State  Government  or  the  authority  granting  or  refusing  to  grant 
permission shall, subject to the provisions of sub-section (7), be final and binding on all 
the parties and shall remain in force for on year form the date of such order. 

 (7) The State Government or, as the case may be, the authority may, either on its own motion 
or on the application made by  the employer or the workman, review its order granting or 
refusing  to  grant  permission  under  sub-section  (2)  or  refer  the  matter  to  a  Tribunal  for 
adjudication: 

Provided that where a reference has been made to a Tribunal under this sub-section,  it shall 

pass an award within a period of thirty days from the date of such reference.”; 

(f) the existing sub-sections (6) and (7) shall respectively be re-numbered as sub- sections 

(8) and  (9) thereof; and 

(g) in sub-section (9) as so re-numbered,- 

 (i)  for  the  expression  “(Amendment)  Act,  1976”,  the  expression  “(Rajasthan 

Amendment) Act, 1984” shall be substituted; 

(ii) the expression “or the Central Government” shall be deleted; 

46 

 
(iii)  for  the  word  “appropriate”,  wherever  occurring,  the  word  “State”  shall  be 

substituted; and 

(iv)  for  the  expression  “and  any  order  passed  by  such  authority  shall  be  final  and 
binding on the employer and the workman or workmen”, the expression "and such 
authority  while  deciding  such  matter  shall  proceed  to  hold  the  enquiry  in  the 
manner  and  have  regard  to  the  matters  specified  in  sub-section  (2).  Any  order 
passed  by  such  authority  shall,  subject  to  review  under  the  proviso  to  this  sub-
section, be final and binging on the employer and the workman or workman: 
Provided that such authority as aforesaid may, either on its own motion or on the 
application made by the employer or the workman review the order passed by it under 
this sub-section or refer the matter to a Tribunal for adjudication and to such reference, 
the  provisions  contained  in  the  proviso  to  sub-section  (7)  shall,  mutatis  matandis, 
apply,” shall be substituted. 

 [Vide Rajasthan Act 8 of 1984, s. 5] 
Rajasthan 

Amendment of section 25N, Central Act No. 14 of 1947.- In section 25N of the principal Act,- 

(a)  in clause (a) of sub-section (1), the existing expression “, or the workman has been paid in 

lieu of such notice, wages for the period of the notice” shall be deleted; and 

(b)  in  sub-section  (9),  after  the  existing  expression  “six  months”  and  before  the  existing 
punctuation mark “.”, appearing at the end, the expression “and an amount equivalent to his 
three months average pay” shall be inserted. 

[Vide Rajasthan Act 21 of 2014, s. 8] 
Gujarat 

Amendment of section 25N of XIV of 1947.— In the principal Act, in section 25N,- 

(i)  in  sub-section  (1),  in  clause  (a),  the  words  “or  the  workman  has  been  paid  in  lieu  of  such 

notice, wages for the period of the notice” shall be deleted; 

(ii) in sub-section (9), the words “and an amount equivalent to his last three months average pay” 

shall be added at the end. 
[Vide Gujarat Act 1 of 2021, s. 3] 

1[25-O. Procedure for closing down an undertaking.—(1) An employer who intends to close down 
an  undertaking  of  an  industrial  establishment  to  which  this  Chapter  applies  shall,  in  the  prescribed 
manner, apply, for prior permission at least ninety days before the date on which the intended closure is to 
become effective, to the appropriate Government, stating clearly the reasons for the intended closure of 
the undertaking and a copy of such application shall also be served simultaneously on the representatives 
of the workmen in the prescribed manner: 

Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of 

buildings, bridges, roads, canals, dams or for other construction work. 

(2)  Where  an  application  for  permission  has  been  made  under  sub-section  (1),  the  appropriate 
Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being 
heard to the employer, the workmen and the persons interested in such closure may, having regard to the 
genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all 
other relevant factors, by order and for reasons to be recorded in writing, grant or refused to grant such 
permission and a copy of such order shall be communicated to the employer and the workmen. 

(3) Where an application has been made under sub-section (1) and the appropriate Government does 
not  communicate the  order  granting  or  refusing  to  grant  permission to the employer  within a  period  of 
sixty days from the date on which such application is made, the permission applied for shall be deemed to 
have been granted on the expiration of the said period of sixty days. 

1. Subs. by Act 46 of 1982, s. 14, for section 25-O (w.e.f. 21-8-1984). 

47 

 
                                                           
(4) An order of the appropriate Government granting or refusing to grant permission shall, subject to 
the provisions of sub-section (5), be final and binding on all the parties and shall remain in force for one 
year from the date of such order. 

(5)  The  appropriate  Government  may,  either  on  its  own  motion  or  on  the  application  made  by  the 
employer or any workman, review its order granting or refusing to grant permission under sub-section (2) 
or refer the matter to a Tribunal for adjudication: 

Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an 

award within a period of thirty days from the date of such reference. 

(6)  Where  no  application  for  permission  under  sub-section  (1)  is  made  within  the  period  specified 
therein,  or  where  the  permission  for  closure  has  been  refused,  the  closure  of  the  undertaking  shall  be 
deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under 
any law for the time being in force as if the undertaking had not been closed down. 

(7)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this  section,  the  appropriate 
Government  may,  if  it  is  satisfied  that  owing  to  such  exceptional  circumstances  as  accident  in  the 
undertaking  or  death  of  the  employer  or  the  like  it  is  necessary  so  to  do,  by  order,  direct  that  the 
provisions  of  sub-section  (1)  shall  not  apply  in  relation  to  such  undertaking  for  such  period  as  may  be 
specified in the order. 

(8) Where an undertaking is permitted to be closed down under sub-section (2) or where permission 
for  closure  is  deemed  to  be  granted  under  sub-section  (3),  every  workman  who  is  employed  in  that 
undertaking immediately before the date of application for permission under this section, shall be entitled 
to receive compensation which shall be equivalent to fifteen days’ average pay for every completed year 
of continuous service or any part thereof in excess of six months.] 

Orissa 

STATE AMENDMENT 

Amendment of section 25-O.—For section 25-o of the principal Act, the following section shall be 

substitute namely:— 

25-O. Procedure or closing down an undertaking.—(1) An employer who intends to close down an 
undertaking of an industrial establishment  to which this Chapter applies shall, in the prescribed manner, 
apply,  for  prior  permission  at  least  ninety    days  before  the  date  on  which  the  intended  closure  is  to 
become effective, to the appropriate Government , stating clearly the reasons for the intended closure of 
the undertaking and  a copy of such application shall also be served simultaneously  on the representatives 
of the workman in the prescribed manner: 

Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of 

buildings, bridges, roads, canals, dams or for other construction work. 

(2)  where  an  application  for  permission  has  been  made    under  sub-section  (1),  the  appropriate 
Government , after making such enquiry as it thinks fit and after giving  a reasonable opportunity of being 
heard to the employer, the workmen and the persons interested in such closure may,  having regard to the 
genuineness  and adequacy  of the reasons stated by the employer, the interests of the general public and 
all other relevant factors, by order and for reasons to be recorded in writing , grant or refuse to grant such 
permission and a copy of such order shall be communicated to the employer and the workmen. 

(3) Where an application has been made under sub-section (1) and the appropriate Government does 
not  communicate the  order  granting  or  refusing  to  grant  permission to the employer  within a  period  of 
sixty days from the date on which such application is made, the permission applied for shall be deemed to 
have been granted on the expiration of the said period of sixty days. 

(4) An order of the appropriate Government  granting or refusing to grant permission shall, subject to 
the provisions of sub-section (5), be final and binding on all the  parties and shall remain in force for one 
year from the date of such order. 

48 

 
(5) The appropriate Government  may, either on its  own  motion or on the application made by the 
employer or any workman, review its order granting or refusing to grant permission under sub-section (2) 
or refer the matter to a Tribunal for adjudication: 

Provided that where a reference has been made to a Tribunal under this sub section, it shall pass an 

award within a period of thirty days from the date of such reference. 

(6)  Where  no  application  for  permission  under  sub-section  (1)  is  made  within  the  period  specified 
therein,  or  where  the  permission  for  closure  has  been  refused,  the  closure  of  the  undertaking  shall  be 
deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under 
any law for the time being in force as if the undertaking had not been closed down. 

(7)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this  section,  the  appropriate 
Government  may,  if  it  is  satisfied  that  owing  to  such  exceptional  circumstances  as  accident  in  the 
undertaking  or  death  of  the  employer  or  the  like  it  is  necessary  so  to  do,  by  order,  direct  that  the 
provisions  of  sub-section  (1)  shall  not  apply  in  relation  to  such  undertaking  for  such  period  as  may  be 
specified in the order. 

(8) Where an undertaking is permitted to be close down under sub-section (2) or where permission for 
closure  is  deemed  to  be  granted  under  sub-section  (3)  every  workman  who  is  employed  in  that 
undertaking  immediately  before  the  date  of  application  for  permission  under  this  section  shall  be  
entitled  to  receive  compensation  which  shall  be  equivalent  to  fifteen  day’s  average  pay  for  every 
completed year of continuous service or any part thereof in excess of six months.”. 

[Vide the Orissa Act 6 of 1983, s. 3] 
Substitution of section 25-O, Central Act No. 14 of 1947:-For section 25-O of the principle Act, the 
following section shall be substituted, namely:- 

“25-O.  Procedure  for  closing  down  an  undertaking.-(1)  An  employer  who  intends  to  close 
down  an  undertaking  of  an  industrial  establishment  to  which  this  Chapter  applies  including  an 
employer who has served a notice under sub-section (1) of section 25-FFA on the State Government 
of his intention to close down such an undertaking but the period of such a notice has not expired at 
the  commencement  of  the  Industrial  Disputes(Rajasthan  Amendment)  Ordinance,  1983  shall  apply 
for prior permission at least ninety days before the date on which the intended closure is to  become 
effective,  to  the  State  Government,  stating  clearly  the  reasons  for  the  intended  closure  of  the 
undertaking and a copy of such application shall also be served simultaneously on the representatives 
of the workmen by registered post with acknowledgment due. 

(2)  where  an  application  for  permission  has  been  made  under  sub-section  (1),  and  the  State 
Government  after  making  such  enquiry  as  it  thinks  fit  and  after  giving  reasonable  opportunity  of 
being  heard  to  the  employer,  the  workmen  and  the  person  interested  in  such  closure  may,  having 
regard to the genuineness and adequacy of the reasons stated by employer, the interests of the general 
public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse 
to  grant  such  permission  and  a  copy  of  such  order  shall  be communicated  to  the  employer  and the 
workmen. 

(3) Where an application has been made under sub-section (1), and the State Government does 
not communicate the order granting or refusing to grant permission to the employer  within a period 
of  sixty  days  from  the  date  on  which  such  application  is  made,  the  permission applied for shall  be 
deemed to have been granted on the expiration of the said period of sixty days. 

(4) An order of the State Government granting or refusing to grant permission shall, subject to the 
provision of sub-section (5), be final and binding on all the parties and shall remain in force for one 
year from the date of such order. 

(5)  The  State  Government  may,  either  on  its  own  motion  or  on  the  application  made  by  the 
employer or any workman, review its order granting or refusing to grant permission under sub-section 
(2) or refer the matter to a Tribunal for adjudication: 

Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass 

an award within a period of thirty days from the date of such reference. 

(6) Where no application for permission under sub-section (1) is made within the period specified 
therein, or where the permission for closure has been refused, the closure of the undertaking shall be 

49 

 
deemed  to  be  illegal  from  the  date  of  closure  and  the  workmen  shall  be  entitled  to  all  the  benefits 
under any law for the time being in force as if the undertaking had not been closed down. 

(7)  Notwithstanding  anything  contained  in  the  foregoing  provision  of  this  section,  the  State 
Government  may,  If  it  is  satisfied  that  owing  to  such  exceptional  circumstance  as  accident  in  the 
undertaking  or  death  of  the  employer  or  the  like  it  is  necessary  so  to  do,  by  order,  direct  that  the 
provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be 
specified in the order. 

(8)  Where  an  undertaking  is  permitted  to  be  closed  down  under  sub-section  (2)  or  where 
permission  for  closure  is  deemed  to  be  granted  under  sub-section  (3),  every  workman  who  is 
employed  in  that  undertaking  immediately  before  the  date  of  application  for  permission  under  this 
section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average 
pay for every completed year of continuous service or any part thereof in excess of six months.”. 

[Vide Rajasthan Act 8 of 1984, s. 6] 

Rajasthan 

Amendment of section 25-O, Central Act No. 14 of 1947.- In sub-section (8) of section 25-O of the 
principal  Act,  after  the  existing  expression  “six  months”  and  before  the  existing  punctuation  mark  “.”, 
appearing at the end, the expression “and an amount  equivalent to his three months average pay” shall be 
inserted. 
[Vide Rajasthan Act 21 of 2014, s. 9] 

25P.  Special  provision  as  to  restarting  of  undertakings  closed  down  before  commencement  of 
the  Industrial  Disputes  (Amendment)  Act,  1976.—If  the  appropriate  Government  is  of  opinion  in 
respect of any undertaking of an industrial establishment to which this Chapter applies and which closed 
down before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976),— 

(a)  that  such  undertaking  was  closed  down  otherwise  than  on  account  of  unavoidable 

circumstances beyond the control of the employer; 

(b) that there are possibilities of restarting the undertaking; 
(c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before 
its closure or for the maintenance of supplies and services essential to the life of the community to 
restart the undertaking or both; and 

(d) that the restarting of the undertaking will not result in hardship to the employer in relation to 

the undertaking, 

it  may,  after  giving  an  opportunity  to  such  employer  and  workmen,  direct,  by  order  published  in  the 
Official Gazette, that the undertaking shall be restarted within such time (not being less than one month 
from the date of the order) as may be specified in the order. 
Rajasthan  

Substitution of section 25-P, Central Act No. 14 of 1947:- For section 25-P of the principle Act, the 

following section shall be substituted, namely:- 

“25-P. Special provision as to restarting of undertaking closed down before commencement of the 
Industrial Disputes (Rajasthan Amendment) Act, 1984.- (1) Where the undertaking of 
an industrial establishment to which this Chapter applies had been closed down before 
the commencement  of  the Industrial  Disputes  (Rajasthan  Amendment)  Act,  1984  and 
the  State  Government,  after  giving  reasonable  opportunity  of  being  heard  to  the 
employer, workmen and the office bearer of the representative union of the concerned 
industrial establishment and after making such enquiry as it thinks fit, is satisfied that,- 
(a)  such  undertaking  was  closed  down  otherwise  than  on  account  of  unavoidable 

circumstances, beyond the control of the employer; 
(b) there are possibilities of restarting the undertaking; 
 (c) it is necessary for the rehabilitation of the workmen employed in such undertaking 
before its  closure or for the maintenance of supplies and services essential to the 
life of the community or both to restarted the undertaking ; and 

  (d)  the  restarting  of  the  undertaking  will  not  result  in  hardship  to  the  employer  in 

relation to the undertaking, 

50 

 
It may direct, by order published in the Official Gazette, that the undertaking shall be 
restarted  within  such  time  (not  being  less  than  one  months  from  the  date  of  the 
order) as may be specified in the order. 

(2)  An  order  of  the  State  Government  directing  the  restarting  of  the  undertaking  under 
sub-section (1) shall, subject to the provisions of sub-section (3), be final and binging 
on all the parties. 

 (3) The State Government may either on its own motion or on the application made by the 
employer and after giving to such employer, the workmen and the office-bearer of the 
representative union of the concerned industrial establishment an opportunity of being 
heard, review its order directing the restarting of the undertaking under sub-section (1) 
or refer the matter to a Tribunal for adjudication: 

Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass 
and award within a period of sixty days from the date of such reference and pending award by the 
Tribunal, the undertaking shall continue to remain restarted.” 

[Vide Rajasthan Act 8 of 1984, s. 7] 

Insertion of new section 25-PP, Central Act No. 14 of 1947:- After section 25-P of the principle 

Act as so substituted, the following new section shall be added, namely:- 

the 

Industrial  Disputes 

“25  PP.  Special  provision  as  to  reinstatement  of  workmen  retrenched  before    the 
commencement  of 
(Rajasthan  Amendment)  Act,  1984.-(1) 
Notwithstanding any award or order of a Tribunal or any judgement , order or direction of any Court 
upholding the validity of retrenchment of any workman employed is any industrial establishment to 
which this Chapter applies who is retrenched at any time during six months immediately before the 
commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984, the State Government 
shall, either on its own motion or on the application made by any such retrenched workman or by the 
office-bearer  of  the  representative  union  of  the  concerned  industrial  establishment,  examine  the 
validity of retrenchment of such workman and if, after making such enquiry as it thinks fit and after 
giving  reasonable  opportunity  of  being  heard to the  employer,  the  retrenched  workman,  or, as  case 
may be, to such office-bearer, it is satisfied that,- 

(a)  the retrenchment of the workman was without genuine or adequate reasons; 
(b)  the retrenchment was by way of victimisation and unfair labour practice; and  
(c)  the  reinstatement  of  the  workman  is  required  for  maintaining  industrial  peace  in  the 

industrial establishment, 

 it shall by order and for reasons to be recorded in writing, direct the employer to reinstate 
the retrenched workman within such time as may be specified in the order and if it is not 
so  satisfied,  it  shall  by  such  reasoned  order  uphold  the  validity  of  retrenchment  of  the 
workman and shall communicate its order to the employer and the workman. 

  (2) An order of the State Government under sub-section (1), subject to the order passed by it 
as a result of review under sub-section (3) and, where a reference has been made by it to a Tribunal 
under the said sub-section, subject to the award passed by the Tribunal, shall be final and binding 
on the employer and the workman.  

(3)  The  State  Government  may,  either  on  its  own  motion  or  on  the  application  made  by  the 
employer  or  the  retrenched  workman,  review  its  order  directing  reinstatement  of  the  retrenched 
workman or, as the case may be, the order upholding the validity of retrenchment of the workman 
under sub section (1) or refer the matter to a Tribunal for adjudication: 

Provided that  where a  reference  has  been  made  to  a Tribunal  under this  sub-section  , it  shall 

pass an award within a period of thirty days from the date of such reference.”. 

[Vide Rajasthan Act 8  of 1984, s. 8] 

Gujarat 

Amendment of section 25-O of XIV of 1947.—In the principal Act, in section 25-O, in sub-section 

(8), the words “and an amount equivalent to his last three months average pay” shall be added at the end. 

[Vide Gujarat Act 1 of 2021, s. 4] 

51 

 
25Q.  Penalty  for  lay-off  and  retrenchment  without  previous  permission.—Any  employer  who 
contravenes the provisions of section 25M or 1*** of section 25N shall be punishable with imprisonment 
for  a  term  which  may  extend  to  one  month,  or  with fine  which  may  extend to  one thousand  rupees,  or 
with both. 

STATE AMENDMENT 

Rajasthan 

Substitution of section 25-Q Central Act No 14 of 1947.- For section 25-Q of the principle Act, the following 

section shall be substituted, namely:- 

“25-Q.  Penalties for lay-off and retrenchment without previous permission.- Any employer who- 

(a)  lays off a workman without complying with the provisions of sub-section (1) or sub-

section (2) of section 25-M; or 

(b)  Contravenes an order refusing to grant permission to lay-off or to continue the lay-off 

of a workman under sub-section (4) of section 25-M; or 

(c)  Contravenes such an order as is referred to in clause (b) passed as a result of review 

under sub-section (7) of section 25-M; or 

(d)  Contravenes the provisions of clause (c) of sub-section (1) or sub section (4) of section 

25-N; or 

(e)  Contravenes an order refusing to grant permission to retrench a workman under sub-

section (2) or an order under sub-section (9) of section 25-N; or 

(f)  Contravenes such an order as is referred to in clause (e) passed as a result of review 

under sub-section (7) or sub section (9) of section 25-N; or 

 Contravenes the direction to reinstate a retrenched workman given under sub-section (1) of section 25 -
pp  or  such  a  direction  given  as  a  result  of  review  under  sub-section  (3)  of  the  said  section,  Shall  be 
punishable  with  imprisonment  for  a  term  which  may  extend  to  three  months,  or  with  fine  which  may 
extend to two thousand rupees or with both.”. 

[Vide Rajasthan Act 8 of 1984, s. 9] 

25R. Penalty for closure.—(1) Any employer who closes down an undertaking without complying 
with the provisions of sub-section (1) of section 25-O shall be punishable with imprisonment for a term 
which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 

(2)  Any  employer,  who  contravenes  2[an  order  refusing  to  grant  permission  to  close  down  an 
undertaking  under  sub-section  (2)  of  section  25-O  or  a  direction  given  under  section  25P],  shall  be 
punishable with imprisonment for a term which may extend to one year, or with fine which may extend to 
five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine 
which may extend to two thousand rupees for every day during which the contravention  continues after 
the conviction. 

3* 

Orissa 

* 

* 

* 

 * 

STATE AMENDMENT 

Amendment of section 25-R.—In section 25-R of the principal Act;— 
(a) in sub-section (2), for the words, brackets, figures and letters, “a direction given under sub-section 
(2) of section 25-O or section 25-P”, the words, brackets, figures and letters “an order refusing to grant 
permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under 
section 25-P” shall be substituted; 

(b) Sub-section (3) shall be omitted. 

[Vide the Orissa Act 6 of 1983, s. 4]  

1. Certain words omitted by Act 49 of 1984, s. 6 (w.e.f. 18-8-1984). 
2. Subs. by Act 46 of 1982, s. 15, for certain words (w.e.f. 21-8-1984). 
3. Sub-section (3) omitted by s. 15, ibid. (w.e.f. 21-8-1984). 

52 

 
 
 
  
 
  
 
  
 
 
 
                                                           
Rajasthan 

Amendment of section 25-R, Central Act  No. 14 of 1947:- In section 25-R of the principle Act,- 

(a)  for sub-section (2), the following sub-section shall be substituted, namely:- 

 “(2) Any employer, who contravenes an order refusing to grant permission to close  down an 
undertaking under sub-section (2) of section 25-0 or a direction given under section 25-P, 
shall be punishable with an imprisonment for a term which may extend to one year, or with 
fine which may extend to five thousand rupees, or with both, and where the contravention 
is a continuing  one, with a further fine which may extend to two thousand rupees for every 
day during which the contravention continues after the conviction.”; and 

(b)  sub section (3) shall be omitted. 

[Vide Rajasthan Act 8 of 1984, s. 10] 

25S.  Certain  provisions  of  Chapter  VA  to  apply  to  an  industrial  establishment  to  which  this 
Chapter applies.—The provisions of sections 25B, 25D, 25FF, 25G, 25H, and 25J in Chapter VA shall, 
so  far  as  may  be,  apply  also  in  relation  to  an  industrial  establishment  to  which  the  provisions  of  this 
Chapter apply.] 
Rajasthan 

Amendment of section 25-S, Central Act No. 14 of 1947:-In section 25-S of the principle Act, after 
the expression “provisions of this Chapter apply”, the expression “or are applied under sub-section (1-A) 
of section 25-k” shall be added. 
[Vide Rajasthan Act 8 of 1984, s. 11] 

1[CHAPTER VC 
UNFAIR LABOUR PRACTICES 

25T. Prohibition of unfair labour practice.—No employer or workman or a trade union, whether 
registered  under  the  Trader  Unions  Act,  1926  (18  of  1926),  or  not,  shall  commit  any  unfair  labour 
practice. 

25U. Penalty for committing unfair labour practices.—Any person who commits any unfair labour 
practice shall be punishable with imprisonment for a term which may extend to six months or with fine 
which may extend to one thousand rupees or with both.] 

CHAPTER VI 

PENALTIES 

26.  Penalty  for  illegal  strikes  and  lock-outs.—(1)  Any  workman  who  commences,  continues  or 
otherwise  acts  in  furtherance  of,  a  strike  which  is  illegal  under  this  Act,  shall  be  punishable  with 
imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, 
or with both. 

(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is 
illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, 
or with fine which may extend to one thousand rupees, or with both. 

27.  Penalty  for  instigation,  etc.—Any  person  who  instigates  or  incites  others  to  take  part  in,  or 
otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable 
with  imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine  which  may  extend  to  one 
thousand rupees, or with both. 

28. Penalty for giving financial aid to illegal strikes and lock-outs.—Any person who knowingly 
expends or applies any  money in direct furtherance or support of any illegal strike or lock-out shall be 
punishable with imprisonment for a term which may extend to six months, or with fine which may extend 
to one thousand rupees, or with both. 

1. Ins. by Act 46 of 1982, s. 16 (w.e.f. 21-8-1984). 

53 

 
 
                                                           
1[29. Penalty for breach of settlement or award.—Any person who commits a breach of any term 
of  any  settlement  or  award,  which  is  binding  on  him  under  this  Act,  shall  be  punishable  with 
imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine,  or  with  both  2[and  where  the 
breach  is  a  continuing  one,  with  a further fine  which  may  extend  to  two  hundred  rupees for every  day 
during which the breach continues after the conviction for the first] and the Court trying the offence, if it 
fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by 
way of compensation, to any person who, in its opinion, has been injured by such breach.] 

Kerala 

STATE AMENDMENT 

Insertion of new section 29A.—After section 29 of the principal Act, the following section shall be 

inserted, namely:— 

“29A.  Penalty  for  failure  to  comply  with  an  order  issued  under  section  10B.—Any  person 
who fails to comply with any provisions contained in any order made under sub-section (1) of section 
10B  shall  be  punishable  with imprisonment  for  a term  which  shall  not  be less than  six  months  but 
which may extend to one year and with fine."] 

[Vide Kerala Act 30 of 1979, s. 3] 

30. Penalty for disclosing confidential information.—Any person who wilfully discloses any such 
information  as  is  referred  to  in  section  21  in  contravention  of  the  provisions  of  that  section  shall,  on 
complaint  made  by  or  on  behalf  of  the  trade  union  or  individual  business  affected,  be  punishable  with 
imprisonment for a term which may extend to six months, or with fine which may extend to one thousand 
rupees, or with both. 

3[30A.  Penalty  for  closure  without  notice.—Any  employer  who  closes  down  any  undertaking 
without  complying  with  the  provisions  of  section  25FFA  shall  be  punishable  with  imprisonment  for  a 
term which may extend to six months, or with fine which may extend to five thousand rupees, or with 
both.]  

STATE AMENDMENT 

Rajasthan 

Insertion of new section 30A in Central Act 14 of 1947.— After section 30 of the principal Act, the 

following new section shall be inserted, namely:- 

"30A.  Penalty  for  contravention  of  an  order  made  under  section  10K.---Any  person  who 
contravenes an order issued by the State Government in pursuance of section 10K of the Act shall, on 
conviction, be punishable with imprisonment for a term which may extend to one year or with fine 
which may extend to two thousand rupees or with both.". 

[Vide Rajasthan Act 14 of 1970, s. 7] 

31.  Penalty  for  other  offences.—(1)  Any  employer  who  contravenes  the  provisions  of  section  33 
shall be punishable  with imprisonment  for a term  which  may  extend  to  six  months,  or  with fine  which 
may extend to one thousand rupees, or with both. 

(2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no 
other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine 
which may extend to one hundred rupees. 

STATE AMENDMENT 

Union Territory of Jammu and Kashmir and Ladakh 

Insertion of new section---After section 31, insert- 

1. Subs. by Act 36 of 1956, s. 20, for section 29 (w.e.f. 17-9-1956). 
2. Ins. by Act 35 of 1965, s. 6 (w.e.f. 1-12-1965). 
3. Ins. by Act 32 of 1972, s. 3. 

54 

 
                                                           
of 

"31A. 

Compounding 

under 
sections 25Q, 25R, 25U, 26, 27, 28, 29, 30A and sub-sections (1) and (2) of section 31 may, either before 
or after the institution of the prosecution, on an application by the alleged offender, be compounded by 
such  officer  or  authority  as  the  appropriate  Government  may,  by  notification  in  the  Official  Gazette, 
specify in this behalf for such amount as specified in the Table below:- 

offences.--(1) 

punishable 

offence 

Any 

S.N. 

Section 

1 

2 

1 

2 

3 

25Q 

25R 

25U 

Table 

Compounding amount 

3 

25 days wages last drawn by each workman. 

60 days wages last drawn by each workman. 

(i) By each workman Rs. 150/- per day but not exceeding Rs. 3000/- in 
aggregate; 

(ii) By employer Rs. 300/- per day but not exceeding the amount in 
aggregate as shown below: 

Number of workmen employed in the 
industry 

Amount not exceeding 

1 to 50 

51 to 100 

101 to 500 

More than 500 

Rs. 5000/- 

Rs. 8000/- 

Rs. 12000/- 

Rs. 16000/- 

4 

26 

(i) In case of illegal strike, Rs. 150/- per day by each workman but not 
exceeding Rs. 3000/- in aggregate; 

(ii) In case of illegal lock-out, Rs. 300/- per day by an employer but not 
exceeding the amount in aggregate as shown below: 

Number of workmen employed 
in the industry 

Amount not exceeding 

1 to 50 

51 to 100 

101 to 500 

More than 500 

Rs. 5000/- 

Rs. 8000/- 

Rs. 12000/- 

Rs. 16000/- 

27 and 
28 

As per section 26 above for illegal strike and lockout. 

29 

Rs. 200/- per day in respect of each of the workman. 

30A 

25 days wages last drawn by each workman. 

31(1) 

Number of workmen 

For first 

For 

For third 

55 

5 

6 

7 

8 

 
  
  
employed in the industry 

occasion 

1 to 50 

51 to 100 

101 to 500 

More than 500 

Rs. 
5000/- 

Rs. 
8000/- 

Rs. 
12000/- 

Rs. 
16000/- 

second 
occasion 

Rs. 
10,000/- 

Rs. 
16,000/- 

Rs. 
24,000/- 

Rs. 
32,000- 

occasion 

Rs. 15,000/- 

Rs. 24,000/- 

Rs. 36,000- 

Rs. 48,000/- 

9 

31(2) 

For each workman, for the first offence Rs. 1000/- for the second offence Rs. 
2000/- and for the third offence Rs. 3000/- 

(ii) For employer: 

Number of workmen 
employed in the industry 

For first 
occasion 

1 to 50 

51 to 100 

101 to 500 

More than 500 

Rs. 
1500 

Rs. 
3000 

Rs. 
4000 

Rs. 
5000 

For 
second 
occasion 

For third 
occasion 

Rs. 3000 

Rs. 6000 

Rs. 6000 

Rs. 10000 

Rs. 8000 

Rs. 15000 

Rs. 10000 

Rs. 20000: 

Provided that the appropriate Government may, by notification in the Official Gazette, amend the said 

specified compounding amount: 

Provided further that the offences of the same nature committed by the same offender for more than 

three occasions shall not be compoundable: 

Provided also that such offences shall be compoundable only after the alleged offender has acted to 

the satisfaction of such officer or authority that such offence is not continued any further: 

Provided  also  that  when  an  offence  is  compounded  on  an  application  by  the  employer,  then  the 
compounding amount received from him, shall be paid to the concerned workman or equally amongst the 
workman and if any workmen are not identifiable, then the remaining amount shall be deposited in such 
manner as may be notified by the appropriate Government. 

(2)  Where  an  offence  has  been  compounded  under  sub-section  (1),  no  further  proceedings  shall  be 
taken against the offender in respect of such offence and the offender, if in custody, shall be released or 
discharged.” 

[Vide  Union  Territory  of  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Second 
Order,  2020,  Notification  No.  S.O.  3465(E),  dated  (5-10-2020)  and  Vide  Union  Territory  of  Ladakh 
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated  (23-10-
2020).] 

56 

 
 CHAPTER VII 

MISCELLANEOUS 

32. Offence by companies, etc.—Where a person committing an offence under this Act is a company, or other 
body corporate, or an association of persons (whether incorporated or not), every director, manager, secretary, agent 
or  other  officer  or  person  concerned  with  the  management  thereof  shall,  unless  he  proves  that  the  offence  was 
committed without his knowledge or consent, be deemed to be guilty of such offence. 

1[33.  Conditions  of  service,  etc.,  to  remain  unchanged  under  certain  circumstances  during  pendency  of 
proceedings.—(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of 
any proceeding before 2[an arbitrator or] a Labour Court or Tribunal or National Tribunal in respect of an industrial 
dispute, no employer shall,— 

(a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in 
such  dispute,  the  conditions  of  service  applicable  to  them  immediately  before  the  commencement  of  such 
proceeding; or 

(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, 

any workmen concerned in such dispute,  

save with the express permission in writing of the authority before which the proceeding is pending. 

(2)  During  the  pendency  of  any  such  proceeding  in  respect  of  an  industrial  dispute,  the  employer  may,  in 
accordance  with  the  standing  orders  applicable  to  a  workman  concerned  in  such  dispute  3[or,  where  there  are  no 
such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the 
workman],— 

(a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that 

workman immediately before the commencement of such proceeding; or 

(b)  for  any  misconduct  not  connected  with  the  dispute,  or  discharge  or  punish,  whether  by  dismissal  or 

otherwise, that workman: 

Provided that no such  workman shall be discharged or dismissed, unless he has been paid wages  for one 
month  and  an  application  has  been  made  by  the  employer  to  the  authority  before  which  the  proceeding  is 
pending for approval of the action taken by the employer. 

(3) Notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such 
proceeding  in  respect  of  an  industrial  dispute,  take  any  action  against  any  protected  workman  concerned  in  such 
dispute— 

(a)  by  altering,  to  the  prejudice  of  such  protected  workman,  the  conditions  of  service  applicable  to  him 

immediately before the commencement of such proceedings; or 

(b) by discharging or punishing, whether by dismissal or otherwise, such protected workman, 

save with the express permission in writing of the authority before which the proceeding is pending. 

Explanation.—For  the  purposes  of  this  sub-section,  a  “protected  workman”,  in  relation  to  an  establishment, 
means  a  workman  who,  being  4[a  member  of  the  executive  or  other  office  bearer]  of  a  registered  trade  union 
connected with the establishment, is recognised as such in accordance with rules made in this behalf. 

(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of 
sub-section  (3)  shall  be  one  per  cent.  of  the  total  number  of  workmen  employed  therein  subject  to  a  minimum 
number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid 
purpose,  the  appropriate  Government  may  make  rules  providing  for  the  distribution  of  such  protected  workmen 
among various trade unions, if any, connected with the establishment and the manner in which the workmen may be 
chosen and recognised as protected workmen. 

(5) Where an employer  makes an application to a conciliation officer, Board,  2[an arbitrator, a] labour Court, 
Tribunal  or  National  Tribunal  under  the  proviso  to  sub-section  (2)  for  approval  of  the  action  taken  by  him,  the 
authority concerned shall, without delay, hear such application and pass,  5[within a period of three months from the 
date of receipt of such application], such order in relation thereto as it deems fit:] 

1. Subs. by Act 36 of 1956, s. 21, for section 33 (w.e.f. 10-3-1957). 
2. Ins. by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964).  
3. Ins. by s. 18, ibid. (w.e.f. 19-12-1964). 
4. Subs. by Act 45 of 1971, s. 5, for “an officer” (w.e.f. 15-12-1971). 
5. Subs. by Act 46 of 1982, s. 17, for “as expeditiously as possible” (w.e.f. 21-8-1984). 

57 

 
                                                           
1[Provided  that  where  any  such  authority  considers  it  necessary  or  expedient  so  to  do,  it  may,  for 

reasons to be recorded in writing, extend such period by such further period as it may think fit: 

Provided further that no proceedings before any such authority shall lapse merely on the ground that 

any period specified in this sub-section had expired without such proceedings being completed.] 

2[33A.  Special  provision  for  adjudication  as  to  whether  conditions  of  service,  etc.,  changed 
during pendency of proceedings.—Where an employer contravenes the provisions of section 33 during 
the pendency of proceedings 3[before a conciliation officer, Board, an arbitrator, a Labour Court, Tribunal 
or National Tribunal], any employee aggrieved by such contravention, may make a camplaint in writing, 
5[in the prescribed manner,— 

(a)  to  such  conciliation  officer  or  Board,  and  the  conciliation  officer  or  Board  shall  take  such 

complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and 

(b)  to  such  arbitrator,  Labour  Court,  Tribunal  or  National  Tribunal  and  on  receipt  of  such 
complaint,  the  arbitrator,  Labour  Court,  Tribunal  or  National  Tribunal,  as  the  case  may  be,  shall 
adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance 
with the provisions of this Act and shall submit his or its award to the appropriate Government and 
the provisions of this Act shall apply accordingly.]] 
4[33B. Power to transfer certain proceedings.—(1) The appropriate Government may, by order in 
writing  and  for  reasons  to  be  stated  therein,  withdraw  any  proceeding  under  this  Act  pending  before a 
Labour Court, Tribunal or National Tribunal and transfer the same to another Labour Court, Tribunal or 
National Tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, Tribunal 
or  National Tribunal to  which the  proceeding  is  so transferred  may,  subject  to special  directions  in the 
order of transfer, proceed either de novo or from the stage at which it was so transferred: 

Provided  that  where  a  proceeding  under  section  33 or  section  33A  is  pending  before  a Tribunal  or 

National Tribunal, the proceeding may also be transferred to a Labour Court. 

(2)  Without  prejudice to  the  provisions  of  sub-section  (1),  any  Tribunal  or  National Tribunal, if  so 
authorised by the appropriate Government, may transfer any proceeding under section 33 or section 33A 
pending before it to any one of the Labour Courts specified for the disposal of such proceedings by the 
appropriate  Government  by  notification  in  the  Official  Gazette  and  the  Labour  Court  to  which  the 
proceeding is so transferred shall dispose of the same. 

5[33C.  Recovery  of  money  due  from  an  employer.—(1)  Where  any  money  is  due  to  a  workman 
from  an  employer  under  a  settlement  or  an  award  or  under  the  provisions  of  6[Chapter  VA  or  Chapter 
VB], the workman himself or any other person authorised by him in writing in this behalf, or, in the case 
of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, 
make an application to the appropriate Government for the recovery of the money due to him, and if the 
appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to 
the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue:  

Provided that every such application shall be made within one year from the date on which the money 

became due to the workman from the employer: 

Provided further that any such application may be entertained after the expiry of the said period of 
one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making 
the application within the said period. 

(2) Where any workman is entitled to receive from the employer any money or any benefit which is 
capable of being computed in terms of money and if any question arises as to the amount of money due or 
as to the amount at which such benefit should be computed, then the question may, subject to any rules 

1. Ins. by Act 46 of 1982, s. 17 (w.e.f. 21-8-1984). 
2. Ins. by Act 48 of 1950, s. 34 and the Schedule. 
3. Subs. by Act 46 of 1982, s. 18, for certain words (w.e.f. 21-8-1984). 
4. Ins. by Act 36 of 1956, s. 23 (w.e.f. 10-3-1957). 
5. Subs. by Act 36 of 1964, s. 19, for section 33C (w.e.f. 19-12-1964). 
6. Subs. by Act 32 of 1976, s. 4, for “Chapter VA” (w.e.f. 5-3-1976). 

58 

 
                                                           
that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by 
the appropriate Government; 1[within a period not exceeding three months:] 

1[Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to 
do, he may, for reasons to be recorded in writing, extend such period by such further period as he may 
think fit.] 

(3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks 
fit, appoint a commissioner who shall, after taking such evidence as may be necessary, submit a report to 
the  Labour  Court  and  the  Labour  Court  shall  determine  the  amount  after  considering  the  report  of  the 
commissioner and other circumstances of the case. 

(4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any 

amount found due by the Labour Court may be recovered in the manner provided for in sub-section (1). 

(5) Where workmen employed under the same employer are entitled to receive from him any money 
or any benefit capable of being computed in terms of money, then, subject to such rules as may be made 
in  this  behalf,  a  single  application for  the  recovery  of  the  amount  due  may  be  made  on  behalf  of or in 
respect of any number of such workmen. 

Explanation.—In this section “Labour Court” includes any court constituted under any law relating to 

investigation and settlement of industrial disputes in force in any State.]]  

Assam 

STATE AMENDMENT 

Amendment  of  Section  33-C.—In  the  principal  Act,  in  section  33-C,  in  sub-section  (1),  for  the 
words “to the collector who shall proceed to recover the same in the same manner as an arrear of land 
revenue” the words “to the Chief Judicial Magistrate having jurisdiction who shall proceed to realize as if 
it were a fine imposed by such Magistrate” shall be substituted. 
[Vide Assam Act 22 of 2007, s. 3] 

Rajasthan 

Amendment  of  section  33C,  Central  Act  14  of  1947.-In  sub-section  (1)  of  section  33C  of  the 
principal Act, after the expression "Chapter VA", the expression "or under an order issued by the State 
Government under section 10K of the Act" shall be inserted. 

[Vide Rajasthan Act 14 of 1970, s. 8] 

34. Cognizance of offences.—(1) No Court shall take cognizance of any offence punishable under 
this Act or of the abetment of any such offence, save on complaint made by or under the authority of the 
appropriate Government. 

(2) No Court inferior to that of 2[a Metropolitan Magistrate or a Judicial Magistrate of the first class], 

shall try any offence punishable under this Act. 

35.  Protection  of  persons.—(1)  No  person  refusing  to  take  part  or  to  continue  to  take  part  in  any 
strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action 
taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or 
penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise 
be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at 
any disadvantage as compared with other members of the union or society, anything to the contrary in the 
rules of a trade union or society notwithstanding. 

(2)  Nothing  in  the  rules  of  a  trade  union  or  society  requiring  the  settlement  of  disputes  in  any  manner  shall 
apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the 
Civil Court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to 
be restored to membership, order that he be paid out of the funds of the trade union or society such sum  by way of 
compensation or damages as that Court thinks just. 

3[36. Representation of parties.—(1) A workman who is a party to a dispute shall be entitled to be represented 

in any proceeding under this Act by— 

1. Ins. by Act 46 of 1982, s. 19 (w.e.f. 21-8-1984). 
2. Subs. by Act 46 of 1982, s. 20, for certain words (w.e.f. 21-8-1984). 
3. Subs. by Act 48 of 1950, s. 34 and the Schedule, for section 36. 

59 

 
 
 
                                                           
(a) 1[any member of the executive or office bearer] of a registered trade union of which he is a member: 
(b) 2 [any member of the executive or other office bearer] of a federation of trade unions to which the trade 

union referred to in clause (a) is affiliated; 

(c) where the worker is not a member of any trade union, by 2[any member of the executive or other office 
bearer]  of  any  trade  union  connected  with,  or  by  any  other  workman  employed  in  the  industry  in 
which the worker is employed and authorised in such manner as may be prescribed. 

(2)  An  employer  who  is  a  party  to  a  dispute  shall  be  entitled  to  be  represented  in  any  proceeding 

under this Act by— 

(a) an officer of an association of employers of which he is a member; 

(b) an officer of a federation of association of employers to which the association referred  to in 

clause (a) is affiliated; 

(c)  where  the  employer  is  not  a  member  of  any  association  of  employers,  by  an  officer  of  any 
association of employers connected with, or by any other employer engaged in, the industry in which 
the employer is engaged and authorised in such manner as may be prescribed. 

(3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation 

proceedings under this Act or in any proceedings before a Court. 

(4) In any proceeding  2[before a Labour Court, Tribunal or National Tribunal], a party  to a dispute 
may  be  represented  by  a  legal  practitioner  with the consent  of the  other  parties  to  the  proceedings  and 
3[with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be].] 

4[36A.  Power  to  remove  difficulties.—(1)  If,  in  the  opinion  of  the  appropriate  Government,  any 
difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer 
the question to such Labour Court, Tribunal or National Tribunal as it may think fit. 

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

5[36B.  Power  to  exempt.—Where  the  appropriate  Government  is  satisfied  in  relation  to  any 
industrial establishment or undertaking or any class of industrial establishments or undertakings carried 
on by a department of that Government that adequate provisions exist for the investigation and settlement 
of industrial disputes in respect of workmen employed in such establishment or undertaking or class of 
establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or 
unconditionally such establishment or undertaking or class of establishments or undertakings from all or 
any of the provisions of this Act.] 

37. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall 
lie against any person for anything which is in good faith done or intended to be done in pursuance of this 
Act or any rules made thereunder. 

38.  Power  to  make  rules.—(1)  The  appropriate  Government  may,  subject  to  the  condition  of 

previous publication, make rules for the purpose of giving effect to the provisions of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the powers and procedure of conciliation officers, Boards, Courts, 6[Labour Courts, Tribunals 
and  National  Tribunals]  including  rules  as  to  the  summoning  of  witnesses,  the  production  of 
documents  relevant  to  the  subject-matter  of  an  inquiry  or  investigation,  the  number  of  members 
necessary to form a quroum and the manner of submission of reports and awards; 

1. Subs. by Act 45 of 1971, s. 6, for “an officer” (w.e.f. 15-12-1971). 
2. Subs. by Act 36 of 1956, s. 24, for “before a Tribunal” (w.e.f. 10-3-1957). 
3. Subs. by s. 24, ibid., for “with the leave of the Tribunal” (w.e.f. 10-3-1957). 
4. Ins. by s. 25, ibid. (w.e.f. 10-3-1957). 
5. Ins. by Act 46 of 1982, s. 21 (w.e.f. 21-8-1984). 
6. Subs. by Act 36 of 1956, s. 26, for “and Tribunals” (w.e.f. 10-3-1957). 

60 

 
                                                           
1[(aa)  the  form  of  arbitration  agreement,  the  manner  in  which  it  may  be  signed  by  the  parties, 
2[the  manner  in  which  a  notification  may  be  issued  under  sub-section  (3A)  of  section  10A,]  the 
powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him; 

(aaa) the appointment of assessors in proceedings under this Act;] 

3* 

* 

* 

* 

* 

(b) the constitution and functions of and the filling of vacancies in Works Committees, and the 

procedure to be followed by such Committees in the discharge of their duties; 

4[(c) the  salaries and allowances  and the  terms  and conditions for  appointment of the  presiding 
officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible 
to members of Courts, Boards and to assessors and witnesses;] 

(d)  the  ministerial  establishment  which  may  be  allotted  to  a  Court,  Board,  5[Labour  Court, 
Tribunal  or  National  Tribunal]  and  the  salaries  and  allowances  payable  to  members  of  such 
establishments; 

(e)  the  manner  in  which  and  the  persons  by  and  to  whom  notice  of  strike  or  lock-out  may  be 

given and the manner in which such notices shall be communicated; 

(f)  the  conditions  subject  to  which  parties  may  be  represented  by  legal  practitioners  in 

proceedings under this Act before a Court, 3[Labour Court, Tribunal or National Tribunal]; 

(g) any other matter which is to be or may be prescribed. 

(3) Rules made under this section may provide that a contravention thereof shall be punishable with 

fine not exceeding fifty rupees. 

6[(4) All rules made under this section shall, as soon as possible after they are made, be laid before the 
State Legislature or, where the appropriate Government is the Central Government, before both Houses of 
Parliament.] 

7[(5) Every rule made by the Central Government under this section shall be laid, as soon as may be 
after  it is  made,  before  each  House  of  Parliament  while it  is in  session for  a  total period  of  thirty  days 
which may be comprised in one session or in 8[two or more successive sessions, and if, before the expiry 
of the session immediately following the session or the successive sessions aforesaid] both Houses agree 
in making any modification in the rule, or both Houses agree that the rule should not be made,  the rule 
shall thereafter 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 under that rule.] 

9[39.  Delegation  of  powers.—The  appropriate  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,— 

(a)  where  the  appropriate  Government  is  the  Central  Government,  by  such  officer  or  authority 
subordinate to the Central Government or by the State Government, or by such officer or authority 
subordinate to the State Government, as may be specified in the notification; and 

1. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957). 
2. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964). 
3 Clause (ab) omitted by Act 24 of 2010, s. 8 (w.e.f. 15-9-2010). 
4. Subs. by s. 8, ibid., for clause (c) (w.e.f. 15-9-2010). 
5. Subs. by Act 36 of 1956, s. 26, for “or Tribunal” (w.e.f. 10-3-1957). 
6. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957). 
7. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964). 
8. Subs. by Act 32 of 1976, s. 5, for certain words (w.e.f. 5-3-1976). 
9. Subs. by Act 36 of 1956, s. 27, for section 39 (w.e.f. 17-9-1956). 

61 

 
 
 
 
 
 
 
 
                                                           
(b)  where  the  appropriate  Government  is  a  State  Government,  by  such  officer  or  authority 

subordinate to the State Government as may be specified in the notification.] 

1[40. Power to amend Schedules.—(1) The appropriate Government may, if it is of opinion that it is 
expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the 
First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed 
to be amended accordingly. 

(2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the 
Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or 
the Third Schedule, as the case may be, shall be deemed to be amended accordingly. 

(3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of 
the  State,  if  the  notification  has  been  issued  by  a  State  Government,  or  before  Parliament,  if  the 
notification has been issued by the Central Government.]  

_______________ 

1. Subs. by Act 36 of 1964, s. 21, for section 40 (w.e.f. 19-12-1964). 

62 

 
 
 
                                                           
1[THE FIRST SCHEDULE 

[See section 2(n)(vi)] 

INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (vi) OF 
CLAUSE (n) OF SECTION 2 

1. Transport (other than railways) for the carriage of passengers or goods, 2[by land or water]; 

3[2. Banking; 

3. Cement; 

4. Coal; 

5. Cotton textiles; 

6. Food stuffs; 

7. Iron and Steel; 

8. Defence establishments; 

9. Service in hospitals and dispensaries; 

10. Fire Brigade Service; 

4[11. India Government Mints;] 

 12. India Security Press; 

5[13. Copper Mining; 

14. Lead Mining; 

15. Zinc Mining;] 

6[16. Iron Ore Mining;] 

7[17. Service in any oilfield,] 

8[***] 

9[19. Service in the Uranium Industry;] 

10[20. Pyrites Mining;] 

 21. Security Paper Mill, Hoshangabad; 

11[22. Services in the Bank Note Press, Dewas;] 

12[23. Phosphorite Mining;] 

13[24. Magnesite Mining.] 

14[25. Currency Note Press;] 

1. Subs. by Act 36 of 1956, s. 29, for the Schedule (w.e.f. 10-3-1957). 
2. Subs. by Act 36 of 1964, s. 22, for “by land, water or air” (w.e.f. 19-12-1964). 
3. Declared to be Public utility service for six months effective 17-04-2010 vide Notification No. S.O. 760(E), dated 06-04-2010. 
4. These entries were added to the Schedule from time to time by notifications issued under section 40 of the Act. 
5. Items 13 to 15 added by S.O. 1444, dated 3rd May, 1966. 
6. Ins. by S.O. 726, dated 25th February, 1967. 
7. Ins. by S.O. 1776, dated 10th May, 1967. 
8. Entry 18 omitted by Act 45 of 1971, s. 7 (w.e.f. 15-12-1971). 
9. Ins. by S.O. 1471, dated 10th April, 1968. 
10. Ins. by S.O. 2061, dated 30th May, 1970. 
11. Ins. by S.O. 4697, dated 26th November, 1976. 
12. Ins. by S.O. 47, dated 17th December, 1976. 
13. Ins. by S.O. 2474, dated 4th September, 1980. 
14. Ins.by S.O. 946, dated 7th March, 1981. 

63 

 
                                                           
1[26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel 

oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like;] 

2[27. Service in the Airports Authority of India;] 

3[28. Industrial establishments manufacturing or producing Nuclear Fuel and components, Heavy Water and 

Allied Chemicals and Atomic Energy.] 

4[29. 'Processing or production or distribution of fuel gases' (coal gas, natural gas and the like)] 

5[30. Manufacturing of Alumina and Aluminium; and 

31. Mining of Bauxite.] 

6[32. Services in the Bank Note Paper Mill India Private Limited, Mysore, Karnataka.] 

7[33. Chemical Fertilizer industry.] 

STATE AMENDMENT 

Karnataka 

Amendment of the First Schedule.—In the First Schedule to the  principal Act, after item No. 10, 

the following item shall be added namely:— 

“11. Oxygen and Acetylene.” 

 [Vide Karnataka Act 6 of 1963, s. 3.] 

Manipur 

In the Schedule to the Principal Act, for the word, figures and letter, “Section 120 B”, the words, figures 
and letter, “Sections 120 B, 121 to 130” shall be substituted. 

[Vide Manipur  Act 11 of 1983, s. 4] 

1. Ins. by S.O. 4207, dated 20thNovember, 1984. 
2. Subs. by Notification No. S.O.1808(E), dated 05-08-2011. 
3. Ins. by S.O. 967, dated 8th April, 1995. 
4. Subs. by Notification No. S.O.1955(E) dated 20.06.2017  
5. Ins. by Notifications No. S.O.143(E), dated 27th June, 2012. 
6. Ins.by Notification No. S.O.251(E), dated 25-01-2017. 
7. Ins. by Notification No. S.O.6362(E), dated 28-12-2018. 

64 

 
 
 
                                                           
THE SECOND SCHEDULE 

(See section 7) 

MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS 

1. The propriety or legality of an order passed by an employer under the standing orders; 

2. The application and interpretation of standing orders; 

3.  Discharge  or  dismissal  of  workmen  including  re-instatement  of,  or  grant  of  relief  to,  workmen 

wrongfully dismissed; 

4. Withdrawal of any customary concession or privilege; 

5. Illegality or otherwise of a strike or lock-out; and 

6. All matters other than those specified in the Third Schedule. 

____________ 

65 

 
 
 
THE THIRD SCHEDULE 

(See section 7A) 

MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS 

1. Wages, including the period and mode of payment; 

2. Compensatory and other allowances; 

3. Hours of work and rest intervals; 

4. Leave with wages and holidays; 

5. Bonus, profit sharing, provident fund and gratuity; 

6. Shift working otherwise than in accordance with standing orders; 

7. Classification by grades; 

8. Rules of discipline; 

9. Rationalisation; 

10. Retrenchment of workmen and closure of establishment; and 

11. Any other matter that may be prescribed. 

___________________ 

66 

 
 
 
THE FOURTH SCHEDULE 

(See section 9A) 

CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN 

1. Wages, including the period and mode of payment; 

2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit 

of the workmen under any law for the time being in force; 

3. Compensatory and other allowances; 

4. Hours of work and rest intervals; 

5. Leave with wages and holidays; 

6.  Starting,  alteration  or  discontinuance  of  shift  working  otherwise  than  in  accordance  with  standing 

orders;  

7. Classification by grades; 

8. Withdrawal of any customary concession or privilege or change in usage; 

9.  Introduction  of  new  rules  of  discipline,  or  alteration  of  existing  rules,  except  in  so  far  as  they  are 

provided in standing orders; 

10.  Rationalisation,  standardisation  or  improvement  of  plant  or  technique  which  is  likely  to  lead  to 

retrenchment of workmen; 

11. Any increases or reduction (other than casual) in the number of persons employed or to be employed 
in any occupation or process or department or shift, 1[not  occasioned  by  circumstances over  which 
the employer has no control].] 

______________ 

1. Subs. by Act 36 of 1964, s. 23, for “not due to forced matters” (w.e.f. 19-12-1964). 

67 

 
 
 
                                                           
1[THE FIFTH SCHEDULE 

[See section 2(ra)] 

UNFAIR LABOUR PRACTICES 

I.—On the part of employers and trade unions of employers 

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

(a) threatening workmen with discharge or dismissal, if they join a trade union; 

(b) threatening a lock-out or closure, if a trade union is organised; 

(c)  granting  wage  increase  to  workmen  at  crucial  periods  of  trade  union  organisation,  with  a 

view to undermining the efforts of the trade union organisation. 

2. To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is 

to say:— 

(a) an employer taking an active interest in organising a trade union of his workmen; and 

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

3. To establish employer sponsored trade unions of workmen. 

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

workman, that is to say:— 

(a) discharging or punishing a workman, because he urged other workmen to join or organise a 

trade union; 

(b) discharging or dismissing a workman for taking part in any strike (not being as trike which is 

deemed to be an illegal strike under this Act); 

(c) changing seniority rating of workmen because of trade union activities; 

(d) refusing to promote workmen to higher posts on account of their trade union activities; 

(e)  giving  unmerited  promotions to  certain  workmen  with a  view to  creating  discord amongst 

other workmen, or to undermine the strength of their trade union; 

(f)  discharging  office-bearers  or  active  members  of  the  trade  union  on  account  of  their  trade 

union activities. 

5. To discharge or dismiss workmen— 

(a) by way of victimisation; 

(b) not in good faith, but in the colourable exercise of the employer's rights; 

(c)  by  falsely  implicating  a  workman  in  a  criminal  case  on  false  evidence  or  on  concocted 

evidence; 

(d) for patently false reasons; 

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

(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with 

undue haste; 

1. Ins. by Act 46 of 1982, s. 23 (w.e.f. 21-8-1984). 

68 

 
                                                           
(g) for misconduct of a minor or technical character, without having any regard to the nature of 
the particular  misconduct  or  the  past  record  or  service  of  the  workman,  thereby  leading  to  a 
disproportionate punishment. 

6.  To  abolish  the  work  of  a  regular  nature  being  done  by  workmen,  and  to  give  such  work  to 

contractors as a measure of breaking a strike. 

7.  To  transfer  a  workman  mala  fide  from  one  place  to  another,  under  the  guise  of  following 

management policy. 

8. To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a 

pre-condition to allowing them to resume work. 

9. To show favouritism or partiality to one set of workers regardless of merit. 

10. To employ workmen as “badlis”, casuals or temporaries and to continue them as such for years, 

with the object of depriving them of the status and privileges of permanent workmen. 

11.  To  discharge  or  discriminate  against  any  workman  for  filing  charges  or  testifying  against  an 

employer in any enquiry or proceeding relating to any industrial dispute. 

12. To recruit workmen during a strike which is not an illegal strike. 

13. Failure to implement award, settlement or agreement. 

14. To indulge in acts of force or violence. 

15. To refuse to bargain collectively, in good faith with the recognised trade unions. 

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

II.—On the part of workmen and trade unions of workmen 

1. To advise or actively support or instigate any strike deemed to be illegal under this Act. 

2. To coerce workmen in the exercise of their right to self-organisation or to join a trade union or 

refrain from joining any trade union, that is to say:— 

(a) for a trade union or its members to picketing in such a manner that non-striking workmen are 

physically debarred from entering the work place; 

(b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with 

a strike against non-striking workmen or against managerial staff. 

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

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

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

6. To stage demonstrations at the residence of the employers or the managerial staff members. 

7. To incite or indulge in willful damage to employer's property connected with the industry. 

8. To indulge in acts of force or violence or to hold out threats of intimidation against any workman 

with a view to prevent him from attending work.] 

69 

 
 
 
Andhra Pradesh 

In Schedule V 

STATE AMENDMENT 

In the Fifth Schedule, under the heading II on the part of workmen and trade unions of workmen, 

to item 5, the following explanation shall be added namely:— 

“Explanation:—For  the  purpose  of  this  paragraph,  'go  slow'  means  any  such  activity  by  any 
number of persons, employed in any industry, acting in combination or with common understanding, 
to slow down or to delay the process of production or work purposely whether called by work to rule 
or by any other name so as the fixed or average or normal level of production or  work or output of 
workman or workmen of the establishment is not achieved: 

Provided that all necessary ingredients or inputs for standard quality production or work are made 

available in time and in sufficient quantity.”. 

[Vide Andhra Pradesh Act 12 of 2015, s. 4] 

Rajasthan 

Amendment of Fifth Schedule, Central Act No. 14 of 1947.- After the existing paragraph 5 of Part 

II to the Fifth Schedule of the principal Act, the following shall be added, namely:- 

Explanation.- For the purpose of this paragraph, ‘go slow’ means any such activity by any number of 
persons, employed in any industry, acting in combination or with common understanding, to slow down 
or to delay the process of production or work purposely whether called by work to rule or by any other 
name, so as the fixed or average or normal level of production or work or output of workman or workmen 
of the establishment is not achieved: 

Provided  that  all  necessary  ingredients  or  inputs  for  standard  quality  production  or  work  are  made 

available in time and in sufficient quantity.”. 

[Vide Rajasthan Act 21 of 2014, s. 10] 

70 

 
