MID-TERM 2023

Q1. Explain the provisions regarding unfair labor practices by the employers, or workmen, which have
been prohibited under the Industrial Dispute Act, 1947?

Ans. Introduction
The Industrial Dispute Act of 1947 outlines what constitutes unfair labor practices on the part of both
employers and employees. The fifth schedule of the act contains a list of unfair labor practices on the
part of employers and their trade unions and employees and their trade unions respectively.
What is the Meaning of Unfair Labour Practices?
Unfair labor practice commonly characterized as the taking undue advantages of workers in terms of
giving extra hours to work and not paying for that, not paying the minimum wages, asking to work on
holiday, no leave, etc.
according to Section 2(ra), "any of the practices described under Schedule V of the Industrial Dispute
Act,".
It is mostly split into two categories −
a) Unfair labor practices by employers and their trade unions are covered in Part I of Schedule V.
b) The second, focuses on unfair labor practices by employees or employee unions.
The right to join a union and take part in its legal operations is guaranteed to every employer and
employee. A person is deemed to have engaged in unfair labor practices if they participate in any of the
forbidden behaviors.
Employer And Employer TU-Related Trade Union Unfair Labour Practises
The following are the unfair labor practices that are forbidden with regard to the employer and the
employer’s trade union −
1. Interfere with employees’ ability to exercise their right as an employer to organize, join, or
support a trade union in concerted activities for the benefit of collective bargaining or other
forms of mutual protection or assistance, or to restrain employees from doing so, in the
following situations:
a) Threatening to fire or discharge workers if they join a union.
b) If a trade union is formed, threatening a lockout.
c) Providing workers with a pay raise at a critical time will thwart trade union efforts.
d) Interfere with, ruled over, or provide financial or other forms of support to any employer
or trade union.

2. An employer who shows favoritism or prejudice toward one of the many trade unions trying to
organize workers for its employers, even when that union is not a recognized trade union.
3. Establish employer support of labor unions for employees.
4. Encourage or discourage worker discrimination by encouraging or discouraging participation in
any trade union.
5. Discharging or disciplining a worker if he urges another worker to join a trade union.
6. Dismissing or firing a worker for participating in a strike that is not illegal.
7. Refusal to promote workers to higher positions due to their union involvement.
8. Giving certain employees promotions that are underserved in an effort to incite conflict among
other employees or demonstrate the power of their trade union.
9. Releasing active union members or office holders because of the activity of their union.
10. Using a victimization strategy.
Unfair Labour Practises on The Part of Employees or Labour Unions
The following are the unfair labor practices that workers and their unions are barred from engaging in −
1. Advise, participate in, incite, or support any strike that the Act deems unlawful.
2. Restrict workers from exercising their right to form a union, stop them from doing so, or engage
in self-organization in the following situations:
a) Picketing by the trade unions so that non-strikers are physically prevented from entering the
workplaces.
b) Engage in acts of violence against non-striking workers or make intimidation threats in
connection with a strike.
c) A recognized union refuses to negotiate with the employer in good faith.
3. Engage in coercive tactics to prevent a bargaining representative’s certification.
4. Encourage or incite coercive behaviors such as deliberate "go-slow" behavior, squatting on the
job site after hours, or "gherao" behavior on the part of any management or other staff member.
5. Fake demonstrations are staged at employers’ homes.
6. Engage in any intentional destruction of employer property connected to the sector.
7. Engage in any act of force or violence against a worker or make threats to him in an effort to
keep him away from his job.
Discrimination Against Unfair Labour Practices
Employer or trade union of employer, or any worker or trade union of workers, whether registered under
the Trade Unions Act, 1926 or not, shall not engage in any unfair labor practice, according to Section
25T of the Industrial Dispute Act, 1947.
Punishment for Engaging in Unfair Labour Practices
Any person who engages in an unfair labor practice is subject to punishment under Section 25U of the
Industrial Dispute Act of 1947, which carries a possible six-month prison sentence, a fine of up to $1,000,
or both.
CASE LAW
Sports Authority of India v. Labour Commissioner, Delhi Administration (12 March 2014)
Watch and ward staff, security officers, and chowkidars are all regularly employed. The Sports Authority
of India employs regular workers, such as watchmen, guards, and chowkidars, and the job of watch and
security guards necessitates the employment of a sufficient number of full-time workers. The
management of the Sports Authority of India, the principal employer, has been continuously engaging in
unfair labor practices as defined in the Fifth Schedule of the Industrial Disputes Act 1947 and also in
violation of the provisions of contract labor

Q2. Define retrenchment. Explain the conditions precedent to retrenchment of workmen, both under
chapter VA and VB of the Industrial Dispute Act, 1947. Support your answer with the help of case laws?

Ans. What is Retrenchment?

Retrenchment of employees is one of the ways companies use to terminate employees when the
company is forced to downsize its number of employees. Subsidiary companies of Multinational
Corporations often resort to retrenchment in labor law to deal with their expenditure on human
resources. However, companies often fail to consider the legal requirements to be carried out before
retrenching their employees.
Definition of Retrenchment of employees is terminating an employee due to the surplus of labor or
incapacity of employees to match the performance standards of the company. The Industrial Dispute
Act, 1947 deals with employment-related disputes in India and Section 2(oo) of the Act states that
‘retrenchment means termination of service of a workman by an employer for any reason whatsoever,
otherwise than as a punishment inflicted by way of disciplinary action. However, the following are not
covered within the definition of retrenchment:
● Voluntary retirement of a workman
● Retirement of workmen on reaching the age of superannuation if the employment agreement
contains a provision regarding superannuation
● Termination of service of a workman due to the non-renewal of employment agreement
● Termination on grounds of continued ill-health

Condition precedent to retrenchment

Section 25F provides the conditions precedent to retrenchment. According to this section the employer
must satisfy the following conditions before retrenching an employee employed for a period of
continuous period of not less than one year -

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

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

(c) notice in the prescribed manner is served on the appropriate Government [or such authority as may
be specified by the appropriate Government by notification in the Official Gazette].

Calculation of average pay is done by dividing the last drawn monthly salary by 25 and then multiplying
the dividend by 15 for every completed year of continuous work.

Section 25N also lays down the conditions precedent to retrenchment -

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 on 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 inquiry 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.

The Supreme Court in Byram Pestonji Gariwala v. Union Bank of India and others had restricted the
definition of ‘Retrenchment’ under S.2(oo)(bb) to occur only when there is a ‘discharge of excess labor’
by the employer. Later the Supreme Court in State Bank of India v. N. Sundara Money, Punjab Land
Development and Reclamation Corporation Ltd., Chandigarh v. Presiding Officer, Labour Court,
Chandigarh and subsequent decisions rejected the narrow interpretation adopted by the Court in the
earlier decision and held that any retrenchment, as defined in Section 2(oo), means 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 and those expressly excluded by Clauses (a), (b) and (c) of the
definition. In view of these decisions, it cannot be said that retrenchment means termination by the
employer of the service of a workman as surplus labor.

Q3. Who is the authority under the Trade Unions Act, 1926 for the purpose of registration and
cancellation of a registered Trade Union? Describe the procedure as well.

Ans. Registration of trade unions

The method of registration of the trade unions encourages the unions to expand steadily and maintain
strong unions. The Act provides certain protection and benefits to the registered trade union. As a result,
it is necessary to register the trade union under the Trade Union Act, 1926.
The provisions relating to the registration of the trade unions are provided under Chapter II, Section
3-14. The registration of trade unions ensures the advancement of long-lasting and reliable unions.
Although the registration of the trade union is not mandatory, it is recommended because the registered
trade union enjoys certain immunities. Similarly, certain rights and privileges have been provided to the
members of the registered trade union.
In other words, those who belong to a registered trade union are entitled to protection, immunity, and
exemption from certain legal obligations on both civil and criminal liabilities. However, it should be
noted that an individual dispute only turns into an industrial dispute when it is represented by a group of
employees or a trade union, whether they are registered or not. Similarly, a union for civil servants
cannot be registered under the Trade Union Act.
Procedure for registration
The procedure for registration of a trade union is as follows:
Appointment of Registrars
According to Section 3 of the Act, the appropriate government shall appoint a person to be the
Registrar of Trade Unions for each state, and the appropriate government shall also appoint as many
additional registrars as it may deem fit to carry out the purposes of the Act.
In the case of trade union registration, the registrar is in charge of the entire registration procedure. The
appropriate government may appoint a person to serve as the registrar of trade unions under Section 3
of the Trade Union Act, 1926. The appropriate government, whether state or central, may also appoint
additional and deputy registrars as it sees fit to exercise and carry out the registrar’s powers and duties.
However, such a person will work under the supervision and direction of the registrar. He may exercise
the powers and functions of the registrar within the limits specified for this purpose.

Mode of Registration
According to Section 4 of the Act, any seven or more members of a Trade Union in accordance with the
provisions of the Act may make an application for registration of the trade union. There are two
conditions subsequent to the same, firstly no trade union of workmen shall be registered unless at least
10% or 100 of the workmen, whichever is less engaged in the employment of the establishment are its
members on the date of making of its application and secondly no trade union shall be registered unless
on the date of making of application, minimum seven of its members who are workmen are employed in
the establishment or industry.
Also, such application shall not be deemed to be invalid merely on the ground that at any time after the
date of the application, but before the registration of the trade union some of the members but not
exceeding half of the total number of persons who made the application has ceased to be members.

Application for registration

According to Section 5 of the Act, every application for the registration of the trade union shall be made
to the Registrar and shall be accompanied by a copy of the rules of the Trade Union and a statement of
the following particulars namely-
1. The names, occupations and addresses of the members making the application;
2. The name of the trade union and the address of its head office, and
3. The titles, names, ages, addresses and occupations of the office- bearers of the trade union.
Where a trade union has been into existence for more than a year, then a copy of the assets and
liabilities shall also be submitted along with the application for registration.
Provisions to be contained in the rules of a Trade Union
According to section 6 of the Act, a Trade Union shall not be entitled to registration under the Act unless
the executive committee has been established in accordance with the provisions of the Act and the rules
provide for the following-
1. The name of the trade union;
2. The whole of the objects for which the trade union has been established;
3. The whole of the purposes for which the general funds of the trade union shall be applicable;
4. The maintenance of a list of the members of the trade union;
5. The admission of ordinary members who shall be persons actually engaged or employed in an
industry with which the trade union is connected;
6. The conditions under which any member shall be entitled to any benefit assured by the rules and
under which any fine or forfeiture may be imposed on the members;
7. The manner in which the rules shall be amended, varied or rescinded;
8. The manner in which the members of the executive and the other office bearers of the Trade
Union shall be elected and removed;
 9. The safe custody of the funds of the trade union, an annual audit, in such manner, as may be
prescribed, of the accounts thereof, and adequate facilities for the inspection of the account
books by the office bearers and members of the trade union, and;
10. The manner in which the trade union may be dissolved.

Power to call for further particulars and to require alteration of name

According to Section 7 of the Act, the registrar may call for further information for the purpose of
satisfying himself that whether all the particulars are in accordance with section 5 and 6 of the Act.
In case the trade union applying for registration bears a name identical to that of an existing trade union
and the registrar feels that the name so resembles that of the other that there are fairs chances of the
persons being misled then the registrar shall ask the trade union applying to change the name and shall
refuse to register the same until such alteration has been made.

Registration
According to Section 8 of the Act, if the registrar thinks that the trade union has complied with all the
provisions of the Act, it shall register the Trade Union by entering in a register all the particulars in
accordance with the provisions of the Act.

Certificate of registration
According to Section 9 of the Act, the registrar shall issue a certificate of registration to the trade union
after registration under section 8 which shall be conclusive proof that a trade union has been duly
registered.

Cancellation of registration
According to Section 10 of the Act, a certificate of registration of a trade union may be canceled or
withdrawn or an application of the trade union to be verified in such manner as may be prescribed;
where the registrar is satisfied that the certificate has been obtained by fraud or mistake or the trade
union has ceased to exist or has willfully and other notice from the registrar contravened any provisions
of the Act and if the registrar is satisfied that a registered trade union ceases to have requisite number of
members.
Before issuing such an order, the registrar must be satisfied that the registration should be canceled or
withdrawn, as requested by the trade union. If the registration is being withdrawn or canceled for any
other reason, the registrar is required to provide two months’ notice specifying the particular grounds for
the proposed action.

Appeal
According to Section 11 of the Act, any person aggrieved by any refusal to register a trade union or
withdrawal of registration, etc by registrar may file an appeal where the trade union head office is
situated within the limits of a presidency town to the High Court, or where the head office is situated in
an area, falling within the jurisdiction of a Labour Court or an Industrial Tribunal, to that court or tribunal
as the case may be; where the head office is situated in any area, to such court, not inferior to the court
of an additional or assistant judge of a principal Civil Court of original jurisdiction as the appropriate
government may appoint.
On an application to the appropriate forum, the court may either dismiss the appeal or pass an order
directing the registrar to take appropriate measures.
The court shall have the same powers of a civil court under Civil Procedure Code, 1908 and may follow
the same procedures.
The highest appeal can be made to the High Court.

Registered office
According to Section 12 of the Act, all communications shall be made on the registered office of the
trade union.

Incorporation of registered trade union

According to Section 13 of the Act, every registered trade union shall be a body corporate having a
common seal and perpetual succession with power to acquire and hold movable and immovable
property and shall by the said name sue and be sued.

Q4. Examine the legal status of a registered trade union as provided under the Trade Unions Act, 1926.

Ans. The legal status of Trade Unions

Is a registered trade union a legal person? In light of the provisions of Section 13 of the Trade Union Act,
1926, the answer may be given in the affirmative. It is important to remember that the Trade Union Act
only gives legal status, benefits, and rights to registered trade unions. An unregistered trade union does
not get these things. Further, once a trade union is registered, all communications and notices to the
registered trade union may be addressed to its registered office.
Legal status was granted to registered unions, bestowing certain advantages and powers, in order to
encourage registration. The Trade Unions Act, 1926, empowers a legal personality to use funds for trade
disputes to achieve its goals, as well as protection from criminal prosecution, immunity from civil action,
and the validity of its members’ agreement from the challenge that its objectives are in trade restraint.
Thus, following their registration in accordance with the provisions of this Act, trade unions are granted
several rights.

(a) A registered trade union is a body corporate having a perpetual succession and a common seal.
(b) It has power to acquire and hold both movable and immovable property and to enter into contracts.
(c) It can sue and be sued by its own name.
(d) Its office bearer or member cannot be prosecuted for criminal conspiracy for following its legitimate
objects.
(e) No legal proceedings can be filed in any Civil Court against it in respect of any act in furtherance of a
trade dispute even if such act (i) induces some other person to break a contract of employment, or (ii) is
in interference with the trade business or employment of some other person, or (iii) is in interference with
the right of some other person to dispose of his capital or of his labor as he wills. (f) Any agreement
between its members is not void or voidable even if its objects are in restraint of trade.

Privileges and immunities of a registered trade union

Registered trade unions are entitled to certain privileges and immunity. The Trade Unions Act, 1926,
grants members and leaders of registered unions a number of privileges and immunities. The registered
trade unions’ immunities or privileges can be explained under the following headings:
Immunity from civil liability
This immunity is available to all officers and members of a registered trade union. No civil action is
admissible against them for an activity related to a trade dispute on the grounds that such an act induces
some other person to breach a contract of employment; or it interferes with some other person’s trade,
business, or employment. Further, the inducement should also be legal and not against the law of the
land. There is no protection from threats, violence, or any other illegal methods.
Immunity from tortious liability
Torts are considered to be civil wrongs. It can be resolved through a civil court action. It is distinct from
breaches of quasi-contracts, contracts, and trusts, as well as other equitable obligations (e.g., trespass,
private nuisance, among others). The Trade Unions Act of 1926, however, provides immunity from tort
liability in Section 18(2). The act that seeks immunity or exemption from tort liability must advance a
trade dispute.
If an agent acted without the knowledge of the executive committee of the trade union; or against the
express instructions of the executive committee, a registered trade union is not liable for the torts
committed by the agent in furtherance of the trade dispute.
Immunity from criminal liability
Section 17 of the Trade Unions Act of 1926 exempts registered trade union officers from prosecution for
criminal conspiracy. According to English law, a conspiracy is “an agreement between two or more
persons to carry out an unlawful act or an authorized act in an unlawful manner.” Section 120-A of the
Indian Penal Code, 1860, imposes penalties for criminal conspiracy.
A registered trade union is granted immunity under the Trade Union Act of 1926. This immunity is only
applicable to legal agreements made by a trade union’s members for the stimulation of legitimate
objects of a trade union, so it is only partially available. One right given to registered trade unions to
help them settle trade disputes is the right to call for a strike and try to get their members to join. All
acts that give rise to civil lawsuits are considered illegal acts.
So, for example, two men who agree to try to get employees to break their contracts with their
employers are guilty of criminal conspiracy. However, Section 17 of the Trade Union Act of 1926 protects
trade unionists from criminal conspiracy if the agreement they made was not to commit a crime.
Rights of registered trade unions
The following rights have been granted to registered trade unions:
Right of admission
The right to be admitted as a union member is not an absolute right. A trade union may set restrictions
and admissions requirements in accordance with the Trade Union Act,1926, the rules, and any other
applicable laws.
Right of representation
If an employee makes a written statement, the trade union may intervene in a dispute on their behalf. A
trade union can then make a representation with that statement before any conciliation officer, industrial
tribunal, labor court, etc. A trade union can then make a representation with that statement before any
conciliation officer, industrial tribunal, labor court, etc.
Right to spend general funds
A registered trade union has the right to use its general fund for the payment of salaries, allowances, and
expenses to its office-bearers, the prosecution or defense of any legal proceedings for securing or
protecting any trade union rights, the conduct of trade disputes, compensation to members for any loss
arising from trade disputes, the provision of educational, social, or religious benefits to members, the
publication of periodicals on labor matter etc. and any other object notified by the relevant government.
Right to constitute a separate political fund
If the registered trade union decides to pursue political objectives, it has the power to establish a
separate political fund for those purposes using contributions that are separately collected for or made
to that fund. Payments for the advancement of the civil and political interests of its members may be
made out of this fund. Thus, the political funds are separate funds established by the trade union
through a separate levy on its members for the advancement of the civil and political interests of its
members.
Right to inspect books
Members of the trade union or office bearers have a valuable right under Section 20 of the Trade Union
Act, 1926, which allows them to inspect the book of accounts at any time. However, they are not allowed
to take a copy of any books.
Right to amalgamate
According to Section 24 of the Act, two or more registered trade unions may amalgamate into one union
with or without dissolution or division of their respective funds.

Q5. Explain the Section 9A of Industrial Dispute Act 1947?

Ans. Notice of change
● Under the Industrial Disputes Act 1947, 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,-
● 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
● within twenty-one days of giving such notice:
PROVIDED that no notice shall be required for effecting any such change-
1. where the change is effected in pursuance of any settlement or award or
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 Services Regulations, Civilians in Defense 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).
In simple terms, the Industrial Disputes Act of 1947 outlines rules for employers when they want to make
changes in the working conditions of their employees. If the changes involve certain important matters
listed in the Fourth Schedule, the employer must follow these steps:
Give Notice: The employer has to inform the employees likely to be affected by the changes. This notice
must explain what changes are planned and how they will impact the employees.
Wait for 21 Days: After giving the notice, the employer cannot make the proposed changes for at least
21 days. This waiting period allows employees to understand and discuss the changes.
However, there are exceptions:
No Notice Needed if:
● The changes are part of a prior agreement or decision (like a settlement or award).
● The employees are covered by specific government rules or regulations related to
employment conditions.
So, in simpler terms, the law ensures that employees are informed about significant changes in their
work conditions, giving them time to understand and respond, unless there are specific rules or prior
agreements in place.

Q6. Describe the right of the workmen laid-off for compensation under the Industrial Disputes Act, 1947
with the help of the case laws.

Ans. Section 25C, Right of workmen laid-off for compensation

Who is Covered:
This rule applies to workers in a company who have been working continuously for at least one year.
When a Worker is Laid Off:
If a worker, who has been working for a year, is laid off (temporarily not working), the employer must pay
them during this time.
How Much Compensation:
The payment during the layoff should be 50% of the total of the basic wages and dearness allowance
that the worker would have received if they were working.
Weekly Holidays:
The worker won't be paid for weekly holidays during the layoff.
Conditions for Compensation:
If, in any 12-month period, a worker is laid off for more than 45 days, the employer doesn't have to pay
compensation beyond the first 45 days. However, this is only if there's an agreement between the worker
and the employer about this.
Retrenchment Option for the Employer:
After the first 45 days, the employer can choose to permanently let go (retrench) the worker according to
certain rules mentioned in section 25F.
Set Off Compensation for Retrenchment:
If the employer decides to retrench the worker after the initial 45 days of layoff, any compensation
already paid for the layoff period can be subtracted from the compensation that would be paid for
retrenchment.
Definition:
A "badli workman" is a temporary worker who replaces another worker in a company. If this temporary
worker completes one year of continuous service, they are no longer considered a "badli workman"
under this rule.
In simple terms, the rule ensures that if a worker with at least a year of service is temporarily laid off, the
employer must pay them a certain amount during this period, but there are conditions and exceptions
based on the length of the layoff and potential retrenchment.
Moreover:
Definition of Layoff (Section 2(kk)):
"Layoff" is defined as 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 breakdown of machinery 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.
The essential conditions for lay-off are as follows:
1. failure, inability and refusal by employer due to following reasons: Shortage of raw material
Accumulation of stock Machinery not working
2. The establishment’s muster rolls must always include the names of the laid-off employees.
3. The aforementioned employees shouldn’t have been retrenched.
Compensation for laid-off period
According to section 25C which states that the worker who has been laid off has the right to
compensation for laid-off period. This compensation will be equivalent to half of the total of basic and
dearness allowance. However, such compensation is conditional compensation and following conditions
must be fulfilled: The workman should not be a badli worker. The worker’s name must be there on the
muster roll of the establishment. The worker must have worked at least 1 year of continuous service.
Continuous service (Section 25B): Accidents, authorized leaves of absence, illnesses, lawful strikes, locks,
and terminations of employment that are not the workers’ fault do not impair the continuity of such
service. There are two exceptions where a worker will still be considered to be in continuous service even
though they are not: if the worker has been employed for the past 12 months as of the date the
calculation is being performed. if the worker had worked for 190 or more days in the case of a mine
employment and 240 days in any other employment during such a 12-month period. Conditions for
non-applicability of compensation on workmen A worker is not eligible to layoff pay, according to
Section 25E, is when: if the employee misses at least one day each week of the mandatory working hours
at the company. if the worker is fired because their actions are causing other employees to work less
efficiently or because of a strike. if the employee indicates a desire to decline the alternative
employment offered to him, it must be in the same organization where he was previously employed.
within a 5-mile radius of the establishment where he belonged, such work is provided in any other
establishment run by the same employer. when compared to the work that the employee can do, the
employer claims that such employment does not require any prior experience or particular talents. the
worker receives the same pay from this job as from his prior one.

1 Marks

How many schedules are there in IDA, 1947?

The Industrial Disputes Act, 1947, has five schedules. These schedules provide details and classifications
related to various aspects of industrial relations, employment, and conditions of service.

Under which sections, the terms ‘Industrial Disputes’, ‘Public Utility Services’, ‘Strike’ and ‘Appropriate
Government’ have been defined under the IDA, 1947?

Industrial Disputes (Section 2(k)):

Definition: According to Section 2(k) of the Industrial Disputes Act, 1947, "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 labor, of any person.
Public Utility Services (Section 2(n)):
Definition: Section 2(n) of the Industrial Disputes Act, 1947, defines "public utility service" as any railway
service or transport service for the carriage of passengers or goods by air or an industry specified in the
First Schedule which is a public utility service, or any other industry which the appropriate Government
may, if satisfied that public emergency or public interest so requires, declare by notification in the Official
Gazette to be a public utility service for the purposes of this Act.
Strike (Section 2(q)):
Definition: As per Section 2(q) of the Industrial Disputes Act, 1947, a "strike" means a cessation of work
by a body of persons employed in any industry acting in combination, or a concerted 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.
Appropriate Government (Section 2(a)):
Definition: Section 2(a) of the Industrial Disputes Act, 1947, defines "appropriate government"
concerning an industrial dispute as:
In relation to any industrial dispute concerning any industry carried on by or under the authority of the
Central Government, or by a railway company, a major port, a mine or an oilfield, the Central
Government.
In relation to any other industrial dispute, the State Government.

Define Industry under IDA, 1947?

Definition of Industry (Section 2(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.

What are the objectives of the Trade Unions Act, 1947?

The Trade Unions Act, 1926, essentially aims to provide a legal framework that supports the formation
and functioning of trade unions, fostering a balanced and constructive relationship between employers
and employees for the overall improvement of industrial relations in the country.

Define Trade Union as per Trade Unions Act, 1926?

Definition of Trade Union (Section 2(h)):

"Trade Union" means any combination, whether temporary or permanent, formed primarily for the
purpose of regulating the relations between workmen and employers or between workmen and
workmen or between employers and employers, or for imposing restrictive conditions on the conduct of
any trade or business, and includes any federation of two or more trade unions.

Can a minor become a member of the registered trade union under the Trade Unions Act, 1926?
Section 21. Rights of minors to membership of trade unions
Any person who has attained the age of fifteen years may be a member of a registered trade union
subject to any rules of the trade union to the contrary, and may, subject as aforesaid, enjoy all the rights
of a member and execute all instruments and give all acquaintances necessary to be executed or given
under the rules: