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XLV of 1860.
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| Other kinds of contempt's of Industrial
Court, Labour Court and Wage Boards.
Power of Industrial Court, etc., to decide all connected matters.
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Bom. IX of 1934. Bom. XXV of 1938. |
CHAPTER XVIII.
MISCELLANEOUS,
113. The 1[State]
Government may, by notification in the Official Gazette at any time,
make any addition to or alterations in the industrial matters specified
in Schedule I, II or III or may delete therefrom any such matter :
Provided that before making any such addition,alteration or deletion a draft of such addition, alteration or deletion shall be published for the information of all persons likely to be affected there by and the 1[State] Government shall consider any objection or suggestion that may be received by it from any person with respect thereto.
2[113A. The Registrar may, after giving fifteen days' notice, dismiss any application made under section 13, 16, 17 or 23 if he is satisfied that the application union has failed to pursue or prosecute the application without any sufficient cause.]
114.(1) A registered agreement, or a settlement, submission or award shall be binding upon all person who we parties thereto.
Provide that-
(a) in the case of an employer,
who is a party to such agreement, settlement, submission or award, his
successors in interest, heirs or assigns in respect of the undertaking
as regard as which the agreement, settlement, submission or award is
made, and
(b) in the case of a registered
union which is a party to such agreement, settlement, submission or
award 3[all employees in the industry in the local area whose representative,
the said union is].
Shall be bound by such agreement, settlement, submission or award.
(2) In case in which a Representative
Union is a party to a registered agreement of settlement, submission
or award, the 1[State]Government may, after giving the parties affected
an opportunity of being heard, by notification in the Official Gazette.
Direct that such agreement, settlement, submission or award shall be
binding upon such other employers and employees in such industry or
occupation in that local area 4[and with effect from such date,] as
may be specified in the notification:
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1
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This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. |
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2
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Section 113A was inserted by Bom. 63 of 1953, s.26. |
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3
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This portion was substituted for the original by bom. 49 of 1955, s.3. |
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4
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These words were inserted by Guj. 8 of 1962, s.21. |
Provided that before giving a direction under this section the 1[State] Government may, in such cases as it deems fit, make a reference to the Industrial Court for its opinion.
(3) A registered agreement entered into by the representatives of the majority of the employees affected or deemed to be affected under section 43 by a change shall bind all the employees so affected or deemed to be affected.
115. An order or decision of a 2[Wage Board of Labour Court] against an empower shall bind his successors in interest, heirs and assigns in respect of the undertaking as regards which it is made or given and such order or decision against a registered union shall bind 3[all employees in the industry in the local areas whose representative, the said union is].
4[115A. If any agreement is arrived at between an employer and a Representative Union who are parties to any industrial dispute pending before an Arbitrator, Wage Board, Labour Court or Industrial Court the Order decision or award in such proceeding shall be made in terms of such agreement, unless the Arbitrator, wages board, Labour Court of Industrial Court, is satisfied that the agreement was in contravention of any of the provisions of this Act or the consent of either party to it was caused by mistake misrepresentation, fraud undue, influence, coercion or threat.]
5[115B.
Where any question arises regarding the construction or interpretation
of any award, any employer or employee on whom such award is binding
may-
(a) if the award was made by a Labour Court, Wage Board or Industrial Court, apply to the Court or Board which made the award, and
(b) if the award was made by any other arbitrator, apply to the Industrial Court.
For deciding the question. The Court or Board to which the application is made may, after giving the parties concerned an opportunity of being heard, decide the question and such decision shall be binding on the parties on whom the award is binding.]
116. (1)
A registered agreement or a settlement or award shall cease to bave
effect on the date specified therein, on the expiry of the period of
two months from the date on which notice in writing to terminate such
agreement, settlement or award as the case may be, is given in the prescribed
manner by any of the parties thereto the other party :
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1
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This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. |
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2
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Section 113A was inserted by Bom. 63 of 1953, s.26. |
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3
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This portion was substituted for the original by bom. 49 of 1955, s.3. |
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4
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These words were inserted by Guj. 8 of 1962, s.21. |
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5
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Section 115B was inserted by Guj. 8 of 1962, s.22. |
(3) One such application being made, the Industrial Court, the Labour Court or the Wage Board, as the case may be, may, after bearing the parties and taking such evidence as it thinks fit, modify the award 1[with effect from such date as it may specify]
(4) Where an application for the Modification of an award under sub-section (1) is made, such application shall not in any way affect the binding effect of such award in regard to the matters determined therein until it is modified.
(5) Nothing in this section shall affect the right of any party to terminate such award in accordance with the provisions of section 116.]
117. Where anything is required to be done by any union under this Act, the person authirised in this behalf by the execution of the union, and where no person is to authorised every member of the executive of the union, shall be bound to do the same and shall be personally liable if default is made in the doing of any such thing.
Explanation.-For the purposes of this section, the executive of a union means the body by whatever name called to which the management of the affairs of the union is entered.
118. (1) for the purpose of holding an inquiry or proceeding under this Act, the Registrar, a Conciliator, 2[a Wage Board], Board, Labour Court in its ordinary jurisdiction, a Court of Enquiry and the Industrial court shall have the same powers as are vested in Courts in respect of --
(a) proof of facts by affidavits;
(b) summoning and enforcing the
attendance of any persons and examining him on oath;
(c) compelling the production of documents; and
(d) issuing commissions for the examination of witness.
(2) The Registrar, a Conciliator, 2[ a Wage board] or Board shall also have such further powers as may be prescribed.
(3) For the purpose of obtaining the information necessary for compiling and maintaining the record under Chapter XCII the officer authirised under section 112 shall have the powers specified in clauses (b) and (c) of sub-section (1) and in such Section(2).
3[(4) A wage Board, a Labour Court and the Industrial Court shall also have powers to call upon any of the parties to proceeding before it to furnish in writing and in such form as it may think proper any information which it considers relevant for the purpose of any proceedings before it and the party so called upon shall thereupon furnish the information to the best of his knowledge and belief, and if so required by the Board or the Court to do so, verify the same in such manner as may be prescribed.]
4[118A. The offence under section 104 shall be congnizable.]
5[118B.
(1) Where in any proceeding before the Industrial Court or a Labour
Court, if either party in spite of notice of hearing having been served
on it, does
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These words were added by Guj. 8 of 1962, s.24. |
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2
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These words were inserted by Bom. 43 of 1948, s. 24. |
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Sub-section (4) was added by Bom. 63 of 1953, s. 27. |
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4
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Section 118A was inserted by Bom. 43 of 1948, s.25. |
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Section 118B was inserted by Guj. 22 of 1966, s. 15. |
Not appear when the matter is called on for hearing, the Court may either adjourn the hearing of the matter to a subsequent date or proceed ex-parte and make such award.
(2) Where any award, order or decision is made ex-parte under sub-section (1) the aggrieved part may, within thirty days of the receipt of a copy thereof, make an application to the Court, to set aside such award, order or decision. If the Industrial Court or Labour Court is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it may set aside the award, order or decision so made and shall appoint a date for proceeding with the matter.
Provided that no award, order or decision shall be set aside on any such application as aforesaid, unless notice thereof has been served on the opposite party.]
119. The Registrar, an Assistant Registrar, a Conciliator, a Labour Officer , an Assistant Labour Officer, and arbitrator, 1[a member of a Wage Board], a member of a Board, an officer authorised under section 112, a Judge of a Labour Court, a member of the Industrial Court or a Court of Enquiry a member of the staff of any of the said Courts shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code.
(a) when ordered by the Industrial
Court or a Labour Court or a Wage Board to produce or deliver up any
document, 3[or to furnish any information], being legally bound intentionally
omits to do so; or
(b) when required by the Industrial
Court or a Labour Court or a Wage Board to bind himself by an oath or
affirmation to state the truth refused to do so;
(c) being legally bound to state
the truth on any subject to the Industrial Court or a Labour Court or
a Wage Board refuses to answer any question demanded of him touching
such subject by such Court or Board; or
(d) intentionally offers any insult
or causes any interruption to the Industrial Court or a Labour Court
or a Wage Board, he shall, on conviction, be punishable with imprisonment
for a term which may extend to three months or with fine which may extend
to five hundred rupees or with both.
(2) If any person refuses to sign any statement made by him when require to do so by the Industrial Court or a Labour Court or a Wage Board, he shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
(3) If any offence under sub-section
(1) or (2) is committed in the view or presence of the Industrial Court
or a Labour Court or a Wage Board, as the case may be, such Court or
Wage Board, may after recording the facts constituting the offence and
the statement of the accused as provided in the Code of Criminal procedure,
1898, forward the case to a magistrate hiving jurisdiction to try the
same and may require security to be given for the appearance of the
accused person before such magistrate, if sufficient security is not
given, shall forward such person in custody to such magistrate. The
magistrate to whom any case is so forwarded shall proceed to hear the
complaint against the accused person in the manner provided in the said
Code of criminal Procedure.
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These words were inserted by Bom. 43 of 1948, s. 26. |
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Section 119A and 119B were inserted, ibid., s. 27. |
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These words were inserted by Bom. 63 of 1953, s.28. |
119B. (1) if any person commits any act or publishes any writing which is calculated to improperly influence the Industrial Court, or a Labour Court or a Wage Board or to bring such Court, Board, or member or a Judge, thereof into disrepute or contempt or to lower its or his authority, or to interfere with lawful process of any such Court or Board, such person shall be deemed to be guilty of contempt of such Court of Board, as the case may be.
(2) In the case of contempt of itself the Industrial Court shall record the fact constituting such contempt and make a report in that behalf to the High Court.
(3) In the case of contempt of a Wage Board or a Labour Court, such Board or Court shall record the facts constituting such contempt and make a report in that behalf to the Industrial Court; and thereupon the Industrial Court may, if it considers it expedient to do so, forward the report to the High Court.
(4) when any intimation or report in respect of any contempt is received by the High Court under sub-section (2) or (3) the High Court shall deal with such contempt as if it were contempt of itself and shall have and exercise in respect of it the same jurisdiction, powers and authority in accordance with the same procedure and practice as it has and exercises in respect of contempt of itself.]
1[119C. Notwithstanding anything contained in this Act, the industrial Court, a Labour Court or a Wage Board, as the case may be, shall have the power to decide all matters arising out of the industrial matter or dispute referred to it for decision under any of the provisions of this Act.
119D. In any proceeding before it under this Act, the Industrial Court, a Labour Court or a Wage Board may pass such interim orders as it any consider just and proper.
119E. No suit,
prosecution or other legal proceeding shall lie against any person for
anything, which is in good faith done or purported to be done under
this Act.]
120. Nothing
in this Act shall affect any of the provisions of the Trade Disputes
Act, 1929, and no conciliation or arbitration proceeding shall be held
under this Act relating to any matter or trade dispute which has been
referred to and is pending before a Court of Enquiry or Board of Conciliation
under the said Act.
2[120A.
Nothing in this Act shall affect any of the provisions of the Industrial
Disputes Act, 1947, and no proceeding shall be held under this Act relating
to any matter or dispute which has been referred to and is pending before
a Board, a Court for inquiry, a Labour Court or a Tribunal Under the
said Act.]
1[121. The Bombay Trade Dispute Conciliation Act, 1934 is hereby repealed.]
122. The Bombay
Industrial Disputes Act, 1938, is hereby repealed:
Provided that-
(a) every appointment, order, rule, regulation, notification or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent of this Act, be deemed, to have been made or issued under the provisions of this Act, be deemed, to have been made or issued under the provisions of this Act, unless and until superseded by any appointment, order, rule, regulation, notification, or notice made, issued or given under this Act;
(b) any standing order settled, agreement registered, changes which have come into operation, settlements recorded or registered, submissions registered, awards made or orders passed by the Industrial Court, under the provisions of the Act so repealed shall be deemed to have been settled, registered, to have come into operation, to have been recorded, made or passed by the appropriate authority under the corresponding provisions of this Act;
(c) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed shall not be affected and any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability shall, so far as it is not inconsistent with the provision of this Act, be made, instituted and availed of as if the said Act had not been repealed and continues in operation :
(d) any proceedings pending before the Industrial Court conciliation proceedings, or any proceedings relating to the trial of offences punishable under the provisions of the Act so repealed shall, notwithstanding the repeal of the said Act, continue to act as the representatives of employees in any proceedings under this Act for a period of three months from the date on which this Act comes into force.
(e) Registered Union or a Representative Union or a Qualified Union or other representatives elected, entitled to appear or act as the representatives of employees under the Act so repealed shall, notwithstanding the repeal of the said Act, continue to act as the representatives of employees in any proceedings under this Act for a period of three months from the date on which this Act comes into force.
123. (1) The 2[State] Government may by notification in the Official Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters, namely :--
(a) the authority to be prescribed under sub-clause (c) of clause (14) of section 3;
(b) the manner in which the panels
representing the interests of employers and employees shall be constituted
and the manner in which vacancies in the Board of Conciliation shall
be filled up under section 7;
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section 121 was substituted for the original by Guj. 22 of 1966, s. 16. |
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This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. |
(c) the qualification for being eligible to be appointed to preside over Labour under section 9:
(d) the form in which the registers of union and the approved list shall be maintained under section 12;
(e) the form of application under sub-section (1), (2) and (3) of section 13:
(f) the fee to be paid, and the form of certificate of registration to be issued under section 14;
(g) the fee to be paid under sub-section (1), 1[the form of certificate of registration under sub-section (3)] and the manner of publication under sub-section (4), of section 16;
(h) the fee to be paid under sub-section (1) of section 17;
(i) the dates on which and the manner in which returns shall be submitted under section 19;
(j) the manner of publication of orders under section 21;
(k) the manner of registration of a union for more local areas than one under section 22;
(l) the form to be prescribed under sub-section 23;
(m) the officers, 2[members of the office staff] 3[and members of approved unions] to be authorized under section 25 and the manner in which and the conditions subject to which the rights under that section shall be excised;
(n) the fees to be prescribed under sub-section (6) of section 26;
4[(na) the procedure to be followed by the Registrar for ascertaining membership of unions for the purposes of Chapter 5[III, IV and V];
(nb) the manner of submitting objections to such membership and the amount of deposit which the Registrar may require to be made before entering upon the inquiry ;
(nc) the fine which may be imposed
by the Registrar for any frivolous or vexations objections to membership;]
(o) the authority to be prescribed
under clause (b) of sub-section
(2), and the manner of determining
the representative of employers under sub-section (3) of section 27;
(p) the manner in which the person shall be elected under sub-section (1) recalled under sub-section (4), the period for which and the manner in which they shall function and the manner in which vacancies shall be filled under sub-section (5), of section 28;
(q) the manner of authorizing
a Qualified or Primary Union under clause (iii) of, the manner of accepting
the terms of an agreement for settlement under proviso Secondly and
the number of representatives and the manner of their election under
proviso Thirdly to, section 30;
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1
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These words, brackets the figures were inserted by Guj. 22 of 1966, s. 17(i). |
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These words were inserted by Bom. 63 of 1953, s. 30 (1) |
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3
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These words were inserted by Bom. 43 of 1948, s. 28 (i). |
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Clause (na), (nb) and (nc) were inserted by Bom. 49 of 1955, s. 5. |
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These figures and word were substituted for the figures and "III and IV" by Guj. 22 of 1966, s. 17 (ii) |
(r) the conditions subject to which the powers of entry and inspection shall be exercised under sub-section (2) of section 34;
(s) the manner of submission of draft standing orders under sub-section (1), and the manner of consulting the representative of employees and other interests under sub-section (2) of section 35;
(t) the form of notice and the other persons to be prescribed under sub-section (1) and (2) and the manner of approach and the period to be prescribed under the proviso to sub-section (4) of section 42;
(u) the other persons to be prescribed under sub-section (3) of section 43;
(v) the manner of forwarding the memorandum of agreement under sub-section (1) of section 44;
(w) 1[the number of members of a Joint Committee, the manner of nomination of members by the union and the manner of giving copies of orders under sub-section (1), and] the appointment of the chairman and the manner in which he shall perform his duties under sub-section (2) of section 49;
(x) the manner of conducting the proceedings of a Joint Committee under sub-section (2) of section 50;
(y) the manner in which the memorandum of agreement shall be forwarded under sub-section (1), the form in which a special intimation shall be forwarded under sub-section (2), and the other persons to be prescribed under sub-section (4) of section 52;
2[(y-a) the manner of constituting a Council and filling of vacancies therein, the number of members of such Council, and the manner of electing the representatives of employees under sub-section (1) of section 53A;
(y-b) the other things which a Council may do under clause (f) of sub-section (1) of section 53B;
(y-c) the administrative functions with which a Council shall be entrusted under sub-section (3) of section 53B
(y-d) matters relating to which information shall be furnished to the Council by the employers under sub-section (4) of section 53B;
(y-e) the procedure to be followed by the Council in the discharge of its duties, under sub-section (5) of section 53B;]
(z) the form in which the statement shall be forwarded under sub-section (1) of section 54;
(aa) the manner of holding conciliation proceedings under sub-section (1) of section 56;
(ab) the form in which the memorandum of settlement shall be drawn up and the manner of its publication under sub-section (1) of section 58;
(ac) the manner of giving notice under sub-section (2) of section 59;
(ad) the procedure to be followed
by a Conciliator or Board under sub-section (1) of section 60;
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This portion was substituted for the original by Bom. 43 of 1948, s. 28(ii). |
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Clauses (y-a), (y-b), (y-c), (y-d) and (y-e) were inserted by Guj. 21 of 1972, s.5. |
(ae) the manner of publication of a submission under sub-section (3) of section 66;
(af) the modification to be prescribed under sub-section (2) and the manner of making the employers parties to arbitration under sub-section (3) of section 72;
(ag) the manner of publication under sub-section (2) section 74;
(ah) the form and manner in which an application shall be made under sub-section (2) of section (2) of section 79;
1[(aha) the other industrial matters and disputes under sub-section (1) of section 86C;
(ahb) the rules of procedure to be followed by a Wage Board under section 86E;]
(ai) the manner in which the record shall be maintained under section 111;
(aj) the conditions to be prescribed under sub-section (1) of section 112;
(ak) the manner of giving notice under section 116;
(al) the further powers of the Registrar, a Conciliator, 2[Wage Board] or Board under sub-section (2), 3[and the manner of verifying information under sub-section (4) of section 118];
(am) any other matter which is required to be or may be prescribed.
(3) The rules made under this section shall be subject to the condition of previous publication in the Official Gazette.
4[(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as any be after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.]
5[124. The State Government may by notification in the Official Gazette direct that any power exercisable by it under this Act or rules made thereunder shall in relation to such matters and subject to such conditions if any, as may be specified in the direction be exercisable also by such officer or authority * * * as may be specified in the notification.]
| << Chapter 17 |
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Repeal of Bom. IX of 1934. Reapeal of Bom. XXV of 1938.
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