2 marks Questions

1) What is mean by unfair labour practice?

Section 2 (ra) 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 organize, 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 organized;

2) What is mean by standing orders ?

The Industrial Employment (Standing orders) Act, was introduced for the employers in industrial
establishments to ensure the employment conditions under the establishments. Standing Orders states
the laws which govern the relationship between the employer and a workman in an industrial
establishment with includes the elements such as classification of workers, working hours, attendance,
suspension, termination etc.

3) what Is objective of collective bargaining

To foster and maintain cordial and harmonious relations between the employer/management and the
employees

To protect the interests of both the employer and the employees.

To keep the outside, i.e., the government interventions at bay.

To promote industrial democracy.

4) what is triple test laid down in Bangalore water supply vs a rajappa case

The Bangalore Water Supply case involved a seven-judge Supreme Court panel that defined “industry.”
It introduced the “triple test,” focusing on systematic activity, employer-employee cooperation and
goods/services production for human needs.

5)state the duties of authorities under the industrial dispute act?

The tribunal has the authority to handle industrial disputes related to matters listed in the Second
Schedule or the Third Schedule of the Act.

6)define workmen under the industrial dispute act

Definition of Workman As per Section 2(s) of ID Act,1947Workman 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
7) Explain provision relating to floor stairs and means of excess under factory act?

Sections 32 under the factories act 1948:

A) All floors, steps, stairs, passages and gangways shall be of sound construction and properly
maintained [and shall be kept free from obstructions and substances likely to cause persons to slip, and
where it is necessary to ensure safety, steps, stairs, passages, and gangways shall be provided with
substantial handrails

B) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to
every place at which any person is at any time required to work.

C) When any person has to work at a height from where he is likely to fall, provision shall be made, so
far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working

8) Can the name of the registered trade union be changed? If yes how?

Any registered Trade Union may, with the consent of not less than two thirds of the total number of its
members and subject to the provisions of section 25, change its name.

9) STATE THE WELFARE PROVISION UNDER FACTORIES ACT 1948?

Section 42 to 50 specifies the necessity for welfare of workers such as washing facilities, first aid
appliances, rest room, crèches, canteen, appointment of welfare officers, etc. Section 41(A) to 41(H)
deals various special provisions for factories wherein hazardous process are carried on.

10)EXPLAIN TERM COLLECTIVE BARGAINING ADVANTAGE AND DISADVANTAGE?

Advantage: Being in a group with the same goal(s) gives employees more power to negotiate demands
with their employers. Companies may be able to shut out the voices of one or two employees but can’t
necessarily do the same with a larger group of unified individuals.

Disadvantage: Employers and labor union leaders may have to go back and forth with employment
terms. Union leaders are required to update employees and must put the terms to a vote. If employees
vote to reject a contract, the negotiating process begins again.

11) EXPLAIN THE ACT OF MATERNITY BENEFIT ACT 1961?

The Maternity Benefit Act 1961 is the Act that provides maternity benefits to working women in India.
All private and public organizations are covered under the Maternity Benefit Act. Thus, all women
working can take maternity leave for the delivery of a child and also get a full salary during the leave
period.

12) what is the meaning of miscarriage ?

According to Section 2(j) Miscarriage” means expulsion of the contents of a pregnant uterus at any
period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the
causing of which is punishable under the Indian Penal Code (45 of 1860).

13) define delivery under maternity benefit act?

According to section 3 (C)“delivery” means the birth of a child.

14) explain the meaning of amalgamation of trade union?

Amalgamation of trade unions involves the merging of two or more unions to form a single entity,
pooling resources and members for increased bargaining power.

15)WHAT IS OBJECT OF THE INDUSTRIAL DISUPTES ACT 1947 ?

The main aim of the Industrial Disputes Act, 1947 is to maintain a balance between labour and Industry
welfare by ensuring industrial peace and harmony. It focuses on the mechanism and Procedure for the
investigation and settlement of industrial disputes by conciliation, arbitration and Adjudication which is
provided under the statute.

16) DIFINE TERM INDUSTRIAL TRIBUNAL?

Industrial Disputes Act, 1947 is the Act that regulates the labour laws as it concerns all the workmen Or
all the people employed on the Indian mainland. It came into force on 1 April 1947. “Industrial dispute
implies any distinction of conclusion, contest, injury between the business and the Representatives, or
between the laborers and bosses, or between the labourers or workers itself which Is all concerned with
the work or non-business terms or terms of business dependent on the terms of State of work of any
person.

17) what is the principle of collective bargaining ?

Collective bargaining is a voluntary process and must be carried out freely and in good faith. It can
extend to all terms and conditions of work and employment, and may regulate the relations between
employers and workers as well as between the organizations of employers and workers. The collective
bargaining process ensures that all parties involved in the process are growing and their interests are
safeguarded mutually. It helps establish and sustain fair employment practices. It helps resolve disputes
and helps build industrial democracy.

18) where the strike is illegal?

There are penal provisions contained in the Act to deal with the penalties in respect of strikes. The
penalties are contained in Section 26 to Section 29 of the Industrial Disputes Act of 1947.

If a worker initiates, persists in, or takes any other action in order to support a strike that is prohibited
by this Act, they may face a suspension, which can be a month-long, a fine of up to fifty rupees, or more.

19) what is standing orders?

A standing order is a rule made by an employer establishing a system or method of working or

regulating any aspect of employment in an industrial establishment. The standards ensure that
employees have access to safe working conditions, social security benefits, education facilities etc.
These agreements must be registered with a labour officer, who can enforce compliance with them.

20) what is the minimum requirement for register of trade union ?

The minimum number of members required to form a trade union is seven persons. The Trade Unions
Act was first introduced in 1926.

21) Difference between layoffs and lockouts?

 BASIS FOR LAYOFF LOCK-OUT

COMPARISON
Meaning Lay-off alludes to the involuntary Lock-out, means the refusal of
separation of the employees of a employer to continue to employ the
department or unit, by the employer workers, despite any intention to
due to his/her failure to provide close the unit.
employment.
Process It is a process in which the employer It is a process in which the employer
refuses to give employment to the voluntarily closes the business, not
employees for certain specified because of any specified reasons.
reasons.
Declaration The employer declares lay-off under The employer declares lock-out, as
specific circumstances. result of industrial dispute.
Applicability Only to group of workers, that may To entire establishment and
be workers of a shift, department or sometimes industry.
unit, depending on the
circumstances.
Business Continues to operate Closed down for the period of lock
out.
Result of Trade-reasons. Weapon of collective bargaining.
Compensation Compensation is paid to the laid off In lock out compensation is paid to
workers. the worker as per the type of lock
out.

22) What is the period of which maternity benefit to allow any women under the maternity benefit
act 1961?

The maximum period for which any woman shall be entitled to maternity benefit shall Be twelve weeks,
that is to say, six weeks up to and including the day of her delivery and Six weeks immediately following
that day:

Provided that where a woman dies during this period, the maternity benefit shall Be payable only for
the days up to and including the day of her death

23) Define child as per the factories Act 1948?

Child” means a person who has not completed his fifteenth year of age;

24) Explain industrial dispute Act 1947?

Industrial Disputes Act, 1947 is the Act that regulates the labour laws as it concerns all the workmen or
all the people employed on the Indian mainland. It came into force on 1 April 1947. The capitalists or the
employer and the workers always had a difference of opinion and thus, it leads to lots of conflicts
among and within both of these groups. So, these issues were brought to the attention of the
government and so they decided to pass this Act. This Act was formed with the main objective of
bringing peace and harmony to industrial disputes between parties and solving their issues in a peaceful
manner.
25) Define public utility service under industrial dispute act 1947

“Public Utility Service” means under section 2(n)

(i) Any railway service [or any transport service for the carriage of passengers or goods by air;]
[(ia) any service in, or in connection with the working of, any major port or dock:]
(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;

(iv) Any system of public conservancy or sanitation;

26) Define occupier under Factories Act 1948?

2(n) “occupier” of a factory means the person who has ultimate control over the affairs of the Factory

Provided that

(I) In the case of a firm or other association of individuals, any one of the individual partners Or
members thereof shall be deemed to be the occupier;
(i) In the case of a company, any one of the directors shall be deemed to be the occupier;
(ii) In the case of a factory owned or controlled by the Central Government or any State
Government, or any local authority, the person or persons appointed to manage the affairs
of the, Factory by the Central Government
(iii) In the case of a ship which is being repaired, or on which maintenance
Work is being carried out, in a dry dock which is available for hire,—
(1) The owner of the dock shall be deemed to be the occupier for the purposes of any
matter.
 Short notes
1)leave and nursing Breaks
The Maternity Benefit Act 1961 states that a woman should have worked with her
employer for at least 80 days in the 12 months preceding the date of her
expected delivery. If she fulfils this requirement, then she can utilise this
mandated maternity leave and any further leave or benefits that her employer
provides her.
Eligibility of Motherhood in India
All women who are pregnant, adopting a child, or experiencing a miscarriage are
eligible for maternity leave in India, as they fulfil the criteria that determine the
categories of motherhood in India. Commissioning, or surrogate mothers, are also
entitled to up to 26 weeks of maternity leave which starts from the day the
newborn is handed over to the adoptive parents.
Pregnant women
Women adopting a child
Women who experience a miscarriage
Surrogate or commissioning mothers
Maternity Leave Benefits
Maternity Leave Period
A woman employee can use her maternity leave in India for a certain period of
time, when she will receive her full salary while she is away fulfilling her maternal
obligations and duties.
For first and second-time mothers, the Maternity Benefit Act 1961 states that she
can take 6 months, or 26 weeks, off. With every subsequent child, the mother can
avail 3 months, or 12 weeks, off for her maternity leave, which is a paid leave
wherein her employer needs to pay her salary in full.
Nursing Breaks
A female employee is entitled to two nursing breaks in a day after rejoining the job, an addition to the
rest period allowed by the employer during her daily work. The female employee will earn this benefit
until the baby reaches the age of 15 months. Apart from this benefit, each establishment with 50 or
more employees shall have a creche facility either separately or together with common facilities within a
prescribed distance. The employer will allow the employee to visit the creche for four times a day, which
will also include the rest period. Every such establishment shall, at the time of the female employee’s
initial appointment, intimate in writing the benefits and facilities provided by the employer in this
regard.

2) inspector under maternity benefit act.

14. Appointment of Inspectors.- The appropriate Government may, by notification in the Official
Gazette, appoint such officers as it thinks fit to be Inspectors for the purposes of this Act and may define
the local limits of the jurisdiction within which they shall exercise their functions under this Act.

15. Powers and duties of Inspectors.-An Inspector may, subject to such restrictions or conditions as may
be prescribed, exercise all or any of the following powers, namely:-

(a) Enter at all reasonable times with such assistants, if any, being persons in the service of the
Government or any local or other public authority , as he thinks fit, any premises or place where
woman are employed or work is given to them in an establishment, for the purposes of
examining any registers, records and notices required to be kept or exhibited by or under this
Act and require their production for inspection;
(b) Examine any person whom he finds in any premises or place and who, he has reasonable cause
to believe, is employed in the establishment: Provided that no person shall be compelled under
this section to answer any question or give any evidence tending to incriminate himself; require
the employer to give information regarding the names and addresses of women employed,
payments made to them, and applications or notices received from them under this Act; and
(c) Take copies of any registers and records or notices or any portions thereof.

16. Inspectors to be public servants.-Every Inspector appointed under this Act shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

17. Power of Inspector to direct payments to be made.-1[(1) Any woman claiming that-

(a) Maternity benefit or any other amount to which she is entitled under this Act and any person
claiming that payment due under section 7 has been improperly withheld;
(b) Her employer has discharged or dismissed her during or on account of her absence from work in
accordance with the provisions of this Act, may make a complaint to the Inspector.

(2) The Inspector may, of his own motion or on receipt of a complaint referred to in sub- section (1),
make an inquiry or cause an inquiry to be made and if satisfied that-

(a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his
orders;
She has been discharged or dismissed during or on account of her absence from work in accordance
with the provisions of this Act, may pass such orders as are just and proper according to the
circumstances of the case.

(3) Any person aggrieved by the deices

3) Bangalore water supply case

Ans:- Case Name: Bangalore Water Supply & Sewerage Board v. A. Rajappa (Bangalore Water Supply
Case)Equivalent citations: 1978 AIR 548, 1978 SCR (3) 207

Facts of Bangalore Water Supply Case

The Appellant Board in Bangalore Water Supply Case imposed fines on the respondent employees for
instances of misconduct and successfully recovered various sums as penalties. In response, the
employees initiated Claims Application No. 5/72 under Section 33C(2) of the Industrial Disputes Act,
asserting that the disciplinary actions taken against them had transgressed the principles of natural
justice.

The Appellant Board raised a preliminary objection before the Labour Court, contending that the Board,
being a statutory body responsible for providing essential amenities to citizens, essentially fulfils a
sovereign function and therefore does not qualify as an “industry” as defined under section 2(j) of the
Industrial Disputes Act. Consequently, it was argued that the employees were not classified as
“workmen,” thus challenging the jurisdiction of the Labour Court to adjudicate upon the employees’
claim.

Despite the Board’s objection, the Labour Court ruled in favor of the employees. Subsequently, the
Appellant Board submitted two Writ Petitions, specifically, Nos. 868 and 2439 of 1973, before the
Karnataka High Court in Bangalore. The Division Bench of the High Court dismissed these petitions,
asserting that the Appellant Board indeed falls under the definition of an “industry” as stated in section
2(i) of the Industrial Disputes Act, 1947.

Issues : The central issue, in Bangalore Water Supply Case, was whether a statutory body engaged in
activities essential for providing basic amenities to citizens, which were considered as regal (sovereign)
functions, could be classified as an “industry” under the definition provided in Section 2(j) of the
Industrial Disputes Act, 1947. The case revolved around determining whether such activities could be
subject to the legal provisions governing industrial disputes.

Judgement in Bangalore Water Supply Case

In Bangalore Water Supply Case, a seven-judge panel of the Supreme Court conducted a comprehensive
examination of the scope of “industry.” The majority decision, endorsed by five judges, with two judges
dissenting, overruled previous judgments such as Safdarjung Solicitors’ case, Gymkhana, Delhi
University, Dhanrajgiri Hospital and Cricket Club of India.

It upheld the principles established in the Hospital Mazdoor Shabha and Indian Standards Institution
cases. The court followed the precedents set by the Banerji and Corporation of City of Nagpur cases.
The Bench in Bangalore Water Supply Case comprised seven esteemed judges: Beg M. Hameedullah (CJ),
Chandrachud Y.V., Bhagwati P.N., Krishna Iyer V.R., Tulzapurkar V.D., Desai D.A. and Singh Jaswant. Its
purpose was to delineate the extent of “industry.” The concept of the “triple test” emerged from this
case, serving as a benchmark for assessing the legality of various establishments.

Bangalore Water Supply Summary

The Bangalore Water Supply case involved a seven-judge Supreme Court panel that defined “industry.”
It introduced the “triple test,” focusing on systematic activity, employer-employee cooperation and
goods/services production for human needs. Philanthropic activities or lack of profit motive were
irrelevant.

The ruling encompassed organised activities meeting these criteria as “industry,” irrespective of
trade/business and extended to professions, clubs, educational institutions, etc. The “dominant nature
test” determined an undertaking’s nature based on the most significant department. Sovereign
functions were exempted and separable industry units within sovereign departments fell within Section
2(j) of the Industrial Disputes Act.

4) Who is the certifying officer

According to Section 2(c)of the Industrial Employment (Standing Orders) Act, 1946 the certifying officer
means:

Labour Commissioner or a Regional Labour Commissioner; and

Any officer appointed by the appropriate government to perform the functions of certifying officer
under this Act.

For a certifying officer, who is not a Labour Commissioner or a Regional Labour

Commissioner, the appropriate government has to issue a notification in the
official Gazette for the appointment of ‘any other officer’ as certifying officer
under this Act. The certified officer has been vested with important functions
and responsibilities in the Act, which will be discussed in the letter part of this
heading.

Role of certifying officer

The certifying officer has a role of responsibility under the Industrial Employment
(Standing Order) Act, of 1946. There are various functions specifically given to the
certifying officer, some of those are:

As per Section 3 of the Act, the certifying officer has to receive the five copies of
draft standing orders proposed by the employer, for adoption in his industrial
establishment.
 As per Section 4 of the Act, it shall be the function of the certifying officer to
adjudicate upon the fairness or reasonableness of the provisions mentioned in
the standing orders. He has to ascertain that the terms of the draft standing
order are in conformity with the provisions of the Act.

As per Section 5 of the Act, the certifying officer shall forward a copy of the draft
standing order to the trade unions, once he receives the receipt of the draft
standing order submitted by the employer of the industrial establishment.

As per Section 8 of the Act, the registration of the final certified copy shall be
done by the certifying officer in the register. Further, he shall furnish an
approved copy of Standing Orders to any person applying for it upon payment of
the prescribed fee.

As per Section 11 of the Act, the certifying officer shall receive evidence,
administer oaths, enforce the attendance of witnesses, may compel the
discovery and production of documents, and have all the powers of the civil
court.

5) Strikes and lockouts

Strikes
Strike is a very powerful weapon used by trade unions and other labor associations to get their demands
accepted. It generally involves quitting of work by a group of workers for the purpose of bringing the
pressure on their employer so that their demands get accepted. When workers collectively cease to
work in a particular industry, they are said to be on strike. 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.
Section 24 (3) of Industrial Disputes Act 1947.

Meaning and definition

According to section 2(q) of Industrial Disputes Act 1947,

“a strike is “a cessation of work by a body of persons employed in an industry acting in combination; or a

concerted refusal of any number of persons who are or have been so employed to continue to work or
to accept employment; or a refusal under a common understanding of any number of such persons to
continue to work or to accept employment”.

Causes of strikes:

• Strikes can occur because of the following reasons:

• Dissatisfaction with company policy
• Salary and incentive problems
• Increment not up to the mark
• Wrongful discharge or dismissal of workmen
• Withdrawal of any concession or privilege
 • Hours of work and rest intervals
• Leaves with wages and holidays
• Bonus, profit sharing, Provident fund and gratuity
• Kind of strike

Lock out:

Lockout of any factory or industry is governed by the law called the Industrial Disputes Act 1947.
According to section 22 of this Act, lockout of factory or industry must be done only after issuing prior
notice to concern employees. If not, such lockout shall be treated as illegal lockout and concerned
factory or industry shall be penalised according to the Industrial Disputes Act 1947.

Meaning and definition:

According to Industrial Disputes Act 1947,Lockout [Sec. 2(1)]:

Lockout means “the 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”. Lockout is the
antithesis of strike.

It is a weapon of the employer while strike is a weapon in the hands of workers.

Just as the strike is a weapon in the hands of the workers for enforcing their demands, lockout is a
weapon available to the employer to make their employees come to their way and accept the
management’s terms and conditions.

Prohibition of strikes and lock- outs [Section 23] of The Industrial Disputes Act, 1947

• 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:
• During the pendency of conciliation proceedings before a Board and seven days after the
conclusion of such proceedings;
• During the pendency of proceedings before a Labour Court, Tribunal or National Tribunal] and
two months after the conclusion of such proceedings;
• 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] [10A. Voluntary reference of disputes to arbitration]
• 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.

Penalty for illegal strikes and lock-outs.

• 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.
 • 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.

6)Labour court and Tribunals

Introduction
The law relating to labour and employment in India is primarily known under the
broad category of Industrial Law. Industrial law in this country is of recent vintage
and has developed in respect to the vastly increased awakening of the workers of
their rights, particularly after the advent of Independence. Industrial relations
embrace a complex of relationships between the workers, employers and
government, basically concerned with the determination of the terms of
employment and conditions of labour of the workers
To settle the Industrial disputes, the Industrial Disputes Act,1947 provides three
kinds of Courts – Labour Court, Industrial Tribunal and National Tribunal or
National Industrial Tribunal.
Labour courts
Individual workmen raises Industrial dispute Under Section7 of Industria Dispute
Act 1947 . Which says:The appropriate government is empowered to establish
one or more Labor Courts. Its function is to settle industrial disputes concerning
any matter specified in the second schedule.
Qualification for the appointment of a Presiding Officer of the Court
(i) He is or has been a judge of high court
(ii) He has for a period of not less than 3 years, been a district judge or an
additional judge
(iii) He has held any judicial office in India for not less than 7 years
(iv) He has been the presiding officer of labor Court constituted under any
Provision Act for not less than 5 years

Disqualifications :
Section 7-C of the Industrial Dispute Act,1947 prescribes Disqualifications for the
presiding officer to be appointed to the Labor Court. It provides that no person
shall be appointed to or continue in office if:
(a) He is not an independent person; or
(b) he has attained the age of 65 years

Power and status of the labour court in trying offences

Section 215 and 216 of the code provides the procedure and powers of labour
court which is may be of two types;
(1) Power and status in trying offences and
(2) Power and status in civil maters
(a) The labour court shall follow as nearly as possible summary procedure as
prescribed under the code of criminal procedure 1898 (Act V of 1898)
(b) A labour court shall for the purpose of trying an offence under the code have
the same powers as are vested in the court of a magistrate of the first class under
the code of criminal procedure.
Industrial Tribunal
Industrial Tribunal [Sec. 7A]: 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 and for performing such other functions
as may be assigned to them under this Act.
According to [Sec 10 (2)] when parties in the industrial dispute apply to the
government to refer dispute to the industrial tribunal and if government satisfies
it shall make the reference to the industrial tribunal.
According to [Sec 10 (6)] no Labour Court or Tribunal shall have jurisdiction to
adjudicate upon any matter which is under adjudication before the National
Tribunal.
A Tribunal consists of one person only.
For appointment as the presiding officer of a Tribunal
# he is, or has been, a Judge of a High Court; or
# he has, for a period of not less than 3 years, been a District Judge or an
Additional District Judge;
# 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 7
seven years’ experience in the labour department after having acquired degree in
law including three years of experience as Conciliation Officer:
National Tribunal
National Tribunal [Sec. 7 (B)]: The Central Government may, by notification in the
Official Gazette, constitute one or more National Industrial Tribunals. Its main
function is the adjudication of industrial disputes which involve questions of
national importance or affecting the interest of two or more States.
According to [Sec 10 (1-A)] dispute involves any question of national importance
or is of such a nature that industrial establishments situated in more than one
State, whether it relates to any matter specified in the Second Schedule or the
Third Schedule, the government will order in writing refer to National Tribunal for
adjudication.
The Central Government shall appoint a National Tribunal consisting of one
person only.
# A person to be appointed a presiding officer of a National Tribunal must be, or
# must have been, a judge of a High Court or
# must have held the office of the chairman or
# any other member of the Labour Appellate Tribunal for a period of not less than
two years.
The Central Government may appoint two persons as assessors to advise the
National Tribunal.
Role of National Tribunal
Central government may, by notification in the official Gazette, constitute one or
more National Tribunals for the adjudication of Industrial Disputes in:
# National matters.
# Matters in which industries are more than one state, or are affected by the
outcome of the dispute.
# The duty of the National Tribunal to hold its proceedings fast and submit its
report to the central government within the specified time given
 20 marks Questions
1) Explain the concept of collective bargaining
Introduction
The term Collective Bargaining was first coined by Mr Sydney Webb in 1897. Collective
bargaining can also be referred as Bi-partile Settlement as two parties ie employer and
employee are involved. The main aim of this method is to reach at some settlement which is
acceptable to both the parties involved in dispute. The process of collective bargaining was
introduced late in India as trade unions were formed in 20th century. It means bargaining done
by an association or union of workmen to settle their terms and negotiate the terms and
demands with employer for the workmen. It is necessary for workmen as they are in weaker
position as compared to the employer and have to accept offer of employer.

Subject Matter of Collective Bargaining

The subject matter of collective bargaining covers making a contract between workers and
employers, execution of the contract.

The other issues covered in the collective bargaining are as follows-

Recognition of union or unions, Wages and allowances.

Hours of work, leave and festival holidays.
Bonus and profit sharing schemes, standard labour force.
Seniority, rationalization and the issues relating to the fixation of workloads are also included in
subject matter.
The programmes of planning and development.

Characteristics of Collective Bargaining

The main characteristics of collective bargaining are:
Collective Process: Another feature is it is a collective process. Delegates participate on behalf
of the employer and trade union represent the employees Both of the party sit together and
reach at an acceptable conclusion.
Continuous Process: The collective bargaining process is continuous one, it goes on for 365 days
of the year. It does not end with an agreement and does not start with negotiations.
Flexible and Mobile: The process is very flexible and there is no specific rule for reaching at the
conclusion. There is more scope for compromise. Give and take policy also works before
reaching at the conclusion.
Bipartite Process: The process involves two parties. There is no intervention of third party. Both
the parties employer and employees collectively take some decision. It is a two way process.
Dynamic: Collective bargaining is a dynamic process because the way by which conclusion is
reached keeps on changing every time. It is scientific and factual process.
Industrial Democracy: The collective bargaining is based on principal of industrial democracy.
The trade union represents the workers in negotiations with the employer or employers. It is a
joint effort of helping the workers in matters which affect labour.
Advantages of Collective Bargaining
The advantages of collective bargaining are

Enhance worker’s quality of life: It helps workers in improving their quality life of life. The main
focus is on improving safety and working conditions of employees. Collective bargaining leads to
increase in pay level of workers and other types of benefits. Hence the workers enjoy higher
quality of life. The collective bargaining agreement will lead the workers to enjoy a higher
overall quality of life.
Offer security and stability: It provides employees security of work tenure and they need not
worry about their wrongful termination. They have a team of representatives and strong
support system who represent them and fight for the rights of employees.
Creates a binding result: Due to the collective bargaining agreement both the parties are bound
together to follow the rules. It provides for extra security for employers and employees for
defending their positions. Both the parties need to follow the contract and if either of them
don’t follow then may be held liable by the injured party.
Give workers a larger voice: In case of an individual worker, he is unable to negotiate with the
employer and fulfil his demands regarding work conditions. Whereas, collective bargaining
provides strength to workers by binding them together into a large group. They are able to
create a big impact and leads to mutually beneficial outcome. The recognised trade unions are
able to create a louder voice. The workers who do not have their unions are faced with lot of
problems.
Prevent employees strike: Another advantage of Collective bargaining is it helps to resolve the
dispute between employer and employees. It avoids the disputes between the employer and
employees which often leads to strike. The representatives of the workers help them in solving
their problems and work for their benefit and indulge in mutual settlement during disputes.

Disadvantages of Collective Bargaining

Collective bargaining creates many problems.. Other disadvantages of collective bargaining are-

No representation of consumers: There is no representation of consumers in the process of

collective bargaining.
Prone to inequality: Collective bargaining may lead to inequality among the parties and either
of them may suffer and get less of what they deserve. There is no fair representation in
collective bargaining process. Both parties suffer. The workers may not get enough employment
benefits which they deserve if their representation is weak. On the other hand, if the
representation of employers is weak, then business may get into loss due to over-compensation
and excessive benefit.
Can be a financial burden: The persons who become the member of the union, are required to
pay various dues. So, the paying members have to pay for those dues. Hence, in this process
there is lot of financial burden to member as well as union. There is the cost of lost productivity
as both parties sit and discuss out a deal. Many collective bargaining agreements are lengthy
and require time to read, which further reduces worker availability. All this involves lot of cost.
Employer representatives become less productive and they are part of this process.
 Influence relationship between members: Collective bargaining may not always result in
grouping of workers. There may be conflict among workers due to disagreement of some issue.
The divisions and differences may surface among workers due to grouping or because of union
which were not present before making an agreement. It can be biased to employers.
Consumer gets affected by this process– Consumer has to bear the burden of settlement, as
when wages of workers are raised by employers, they raise the price of goods which affects the
consumer.

Conclusion
This project focuses on how employer and employee negotiate with each other in wage or other
related issues. Collective bargaining is different from individual bargaining. It considers workers
as valuable asset. The subject matter of collective bargaining include wages, bonus, benefits and
terms and conditions of service, grievance redressal procedure, [Link] plays an important role in
preventing industrial disputes, settling these disputes and maintaining industrial peace. It can be
defined as process of social change. Collective bargaining also plays vital role in conflict
resolution. Also, collective bargaining does not contain sufficient protection for the public
interest, which might be ignored by collusion between strong unions and employers to fix
prices.

2) Define retrenchment and procedure of reternchunder industrial

dispute act 1947?
Introduction
The Industrial Dispute Act, 1947, was enacted to solve industrial conflicts and maintain peace
between employers and employees. Retrenchment is one of the important factors relating to
industrial disputes. This Act helps in negotiating and resolving conflicts in the workplace. It was
formulated to protect employees from exploitation by employers. It was implemented for
retrenching the workers and the employees due to financial and business factors. Retrenchment
is the process of letting go of employees by employers, not due to conflicts taking place but for
economic reasons. The employers are retrenched only after prior permission from the
government

Meaning of retrenchment
The meaning of retrenchment is to terminate employees or workmen by the employer for
economic reasons. This termination of their services is not done as a punishment or disciplinary
action but on the ground of surplus labour or the financial position of the business or company.
This removal or discharge of a worker from work by the employer is known as retrenchment. It
denotes the end of the employer-employee relationship.

Definition of retrenchment
Retrenchment is defined in Section 2(oo) of the Industrial Dispute Act, 1947. According to the
definition, retrenchment means the termination of the service of a workman by an employer for
any reason whatsoever, other than as a punishment inflicted by way of disciplinary action’.
There are certain factors that do not fall under the definition of retrenchment, which are as
follows:
If the workman or employee voluntarily retires.
If the workman or employee retires after reaching the age of superannuation because of a
provision of an agreement relating to superannuation that was made between the employer
and the employee at the time of his employment.

Object of retrenchment in Labour Law

The main object of retrenchment is to terminate employees when an establishment faces
financial constraints and is forced to downsize its number of employees. The companies
retrench the employees due to the surplus labour and to cut down on the expenditure on
human resources. The purpose of retrenchment is to:
Reduce the outgoing money, or
Cutting down the expenditure, or
Attempting to become more financially solvent.

Requirements for a valid retrenchment in Labour Law

The requirements of valid retrenchment in labour law are mentioned in Section 25F of the
Industrial Dispute Act, 1947. These conditions are applicable only when the employee has
completed one year of his service on the job. The prerequisites for valid retrenchment in labour
law are as follows:

Notice to the employees: No requirement of notice if an agreement already specifies the date
of termination: In case, there exists an agreement that already mentions the date of termination
of employment for the employees, it is not required to give notice to them before retrenchment
from their services.
Compensation for retrenchment: In case, the employer fails to send the retrenchment notice to
the employees, he will be liable to pay compensation to the employees for this failure. The
compensation should be given on the basis that it is equal to fifteen days’ earnings for each year
of continuous employment, or any portion of it longer than six months.
Notice to be served on the appropriate authority: Before retrenching the employees from their
jobs, it is necessary to notify the appropriate government or authority. The notification must be
served in the prescribed manner, as stated in the official gazette.
Adherence to notice regulations: The notice that has been provided to the employees must be
in accordance with the provisions of Rule 76 of the Industrial Disputes (Central) Rules, 1957, as it
governs the notice of retrenchment in Labour Law.

Procedure for retrenching employees

The procedure for retrenching employees from their services is based on the concepts of ‘first
come, last go’ and ‘last come, first go’. This principle is mentioned in Section 25G of the
Industrial Disputes Act, 1947. There are certain factors based on which the employee can seek
procedural protection, which are as follows:
Prescribed qualification: An employee who wants to seek protection must have the appropriate
qualification as prescribed in Section 2(s) of the Act.
Citizenship: The employee needs to be a citizen of India. Indian citizenship is an important
factor.
Employment of the employees in an industry: The employee must be an employee of an
industry. In other words, he must be employed in an establishment in accordance with the
provisions of Section 2(j) of the Act.
Specific category of workforce: The employee needs to be a member of a particular workforce in
an establishment.
Non-existence of a retrenchment contract: The employee who wants to seek protection under
Section 25G must not have a prior retrenchment agreement with the employer of that industry.
If the above conditions are satisfied, the employee will get procedural protection under this
section of the Act.

Exceptions to retrenchment in Labour Law

Section 2(oo) of the Industrial Dispute Act, 1947, states the exceptions to the definition of
retrenchment, which are as follows-
Voluntary retirement: In case a workman or employee retires from his service voluntarily
without any other reason, it is not considered retrenchment under labour law. This is because
the employer has not removed him from his job, but the employee quit voluntarily by taking
voluntary retirement.
Retirement after superannuation: In case a workman or an employee retires after reaching the
age of superannuation due to the presence of the superannuation clause in the employment
agreement that was made between the employer and employee at the time of his employment.
Non-renewal of the employment agreement: In case the agreement of employment of the
workman or employee has not been renewed by the employer and, as a result, he cannot
continue his work further, it is not considered retrenchment.
Termination of employment due to an employee’s ill-health: In case a workman or employee is
terminated from his job due to his continuous ill-health, it is not considered retrenchment under
labour law. Illness of the body or mind is considered symptoms of an employee’s poor health. To
determine whether the employee is suffering for a continuous period of time or not, the parties
to the contract have to prove that in court

Landmark cases on retrenchment in Labour Law

In the case of Laxmi Devi Sugar Mills Ltd. V. Ram Sagar Pandey (1957), the Supreme Court of
India states certain conditions that need to be followed while retrenching the employees. The
following conditions will be considered valid for retrenchment:
It is the employer’s responsibility to prove that the retrenchment is taking place due to financial
issues like a decline in business due to trade reasons or on account of surplus labour. No other
reason would be considered valid.
Before retrenchment, the employer must send a notice to the employees who will be
retrenched, and retrenchment compensation must be paid to them as stated in Section 25F of
the Industrial Dispute Act, 1947.
 In the case of Workmen of Meenakshi Mills Ltd. V. Meenakshi Mills Ltd. And Anr. (1992), the
plaintiff filed a suit challenging the constitutional validity of Section 25N. He argued that Section
25N of this Act was violating the employees’ fundamental rights to equality and freedom under
Article 14, Article 19(1)(g), and Article 19(6) of the Constitution of India. It was contended by the
plaintiff that the employers cannot retrench them from the establishment as they do not have
the right to do so. The Supreme Court rejected the contention, stating that Section 25N is not
unconstitutional. Employers can retrench employees, but only under certain conditions that are
placed on them. The employers’ failure to retrench the employees in accordance with the
provisions of Section 25N can lead to industrial disputes. So the court gave the power to raise
industrial disputes with both the management and employees. Both of them were given the
right to move the court for approval or refusal of retrenchment.

Conclusion
The Industrial Dispute Act, 1947, was enacted to solve all the problems that arise between
employers and employees. Retrenchment is an important provision of this Act that helps in
discharging the employees without any chaos or riots, as it is legal. The process of retrenchment
can also be termed a reduction or curtailment process. This helps a company properly organise
its resources and structures by cutting down on extra expenditures. Companies or businesses
can reduce their surplus employees whenever they face financial difficulties. But before
retrenching the employees, they have to follow a procedure, which is stated in the Act. It also
helps the employees to challenge the decision of the employer if any employee thinks that he is
being removed unjustly. Then he can go to the tribunal and challenge the decision. Thus, it is
helpful for both employers and employees, as it ensures peace and harmony within the
industrial establishment.

3) Discussion in detail about registration of trade union under

Trade Union Act 1926?
The Trade Unions Act, 1926 provides for registration of trade unions
(including
Association of employers) with a view to render lawful organisation of
labour to enable Collective bargaining. The Act also confers on a registered
trade union certain protection and Privileges.

SCOPE AND COVERAGE

As per section 1 (2) the act extends to the whole of India and it applies to
all kinds of Unions of workers and associations of employers which aim at
regularising the Labour Management relations. As per section 2(h) of the
Act, a ‘trade union’ is a combination, Whether temporary or permanent,
formed for regulating the relations not only between Workmen and
employers but also between workmen and workmen or between
employers And employers. Besides, a trade union may be formed for
imposing restrictions on the

Conduct of any trade or business.

ADMINISTRATIVE AUTHORITY
The Commissioner of Labour of this Union Territory of Puducherry
functions as the Registrar Of Trade Union for the purpose of the Act.

MEANING OF TRADE UNION

In common paralance, a trade union connotes an association of workers in
a particular Trade or industry. As per section 2(u), a trade union means any
combination, whether Temporary or permanent, formed primarily to
regulate the relations between workmen and Employers, or workmen and
workmen, or employers and employers and for imposing any Restrictive
conditions on the conduct of any trade or business. Further, any federation
of 2 Or more trade unions shall also be a trade union.

REGISTRATION OF TRADE UNIONS

Registration of a trade union is not compulsory but is desirable since a
registered Trade union enjoys certain rights and privileges under the Act. As
per section 4 of the Act Minimum seven workers of an establishment (or
seven employers) can form a trade union And apply to the Registrar for its
registration. The application for registration should be in The prescribed
form and accompanied by the prescribed fee, a copy of the rules of the
union Signed by atleast 7 members and a statement containing – (a) the
names, addresses and occupations of the members making the application,
(b) the name of the trade union and The address of its head office, and ©
the title, name, age, address and occupation of its Office-bearers. If the
union has been in existence for more than a year, then a statement of Its
assets and liabilities in the prescribed form, should also be submitted
alongwith the Application. The executive committee/office-bearers of
union should be constituted in Accordance with the provisions of the Act.
As per section 6 of the Act, the rules of the trade Union should clearly
mention its name and objects, the purpose for which its funds can be Used,
provision for maintenance of a list of members, procedure for admission of
ordinary, Honorary or temporary members, rate of subscription (being not
less than Rs.0.25 p.m. per Member), procedure for amending or rescinding
rules, manner of appointing Executive Committee and other office-bearers,
safe custody of funds, audit and inspection of account Books, procedure for
dissolution of the union and changing its [Link] Registrar may call for
further information for satisfying himself that the Application is complete
and is in accordance with the provisions of sections 5 and 6 and that The
proposed name of the union does not resemble with the name of any other
existingTrade union. On being satisfied with all the requirements, the
Registrar shall register the Trade union and issue a certificate of
insuranceregistration, which shall be a conclusive evidence of its
Registration. (Section 9)

APPOINTMENT OF OFFICE-BEARERS
Section 22 stipulates that at least 50% of the office-bearers of a union
should be Actually engaged or employed in the industry with which the
trade union is concerned, and The remaining 50% (or less) can be outsiders
such as lawyers, politicians, social workers, Etc. For being appointed as an
office-bearer or executive of a registered trade union, a

Person must have-

1. Attained the age of 18 years; and
2. Not been convicted of any offence involving moral turpitude and
sentenced to Imprisonment, or a period of at least 5 years has elapsed
since his release.

CANCELLATION OF REGISTRATION
As per section 10 the Registrar can withdraw or cancel registration of a
trade union on An application being made for its cancellation or by giving at
least 2 months notice under Any of the following circumstances-
1. If registration has been obtained by fraud or mistake
2. If the union has ceased to exist
3. If it has willfully contravened any of the provisions of the Act or
 4. If any rule which is required under Section 6, has been deleted

DISSOLUTION OF TRADE UNION

Section 27 provides that a registered trade union can be dissolved in
accordance with The rules of the union. A notice of dissolution signed by
any seven members and the Secretary of the Union should be sent to the
Registrar within 14 days of the dissolution. On Being satisfied, the Registrar
shall register the notice and the union shall stand dissolved From that date.
The funds of the union shall be divided by the Registrar amongst
itsMembers in the manner prescribed under the rules of the union or as
laid down by the Government.

AMALGAMATION OF TRADE UNIONS

Under section 24 any registered trade union may amalgamate with any
other union’s), Provided that at least 50% of the members of each such
union record their votes and Atleast 60% of votes so recorded are in favour
of amalgamation. A notice of amalgamation Signed by the Secretary and at
least 7 members of each amalgamating union, should be Sent to the
Registrar, and the amalgamation shall be in operation after the Registrar
Registers the notice.

4) Explain term collective bargaining advantages and

disadvantages?
Collective Bargaining Definition
Collective Bargaining refers to the discussion and negotiation between an
employer and the employees on the terms of employment, including the
working environment, conditions of employment, shift length, work
holidays, vacation time, sick leave, and health care benefits, as well as
compensation-based items like basic pay, overtime pay and retirement
benefits.

Members have to pay for those dues. Hence, in this process there is lot of
financial burden to member as well as union. There is the cost of lost
productivity as both parties sit and discuss out a deal. Many collective
bargaining agreements are lengthy and require time to read, which further
reduces worker availability. All this involves lot of cost. Employer
representatives become less productive and they are part of this process.
Influence relationship between members: Collective bargaining may not
always result in grouping of workers. There may be conflict among workers
due to disagreement of some issue. The divisions and differences may
surface among workers due to grouping or because of union which were
not present before making an agreement. It can be biased to employers.
Consumer gets affected by this process– Consumer has to bear the burden
of settlement, as when wages of workers are raised by employers, they
raise the price of goods which affects the consumer.
It creates tension in workplace– The union workers complain often that
their managers act as boss instead of partner. The representation of unions
results in reducing openness and trust found in a workplace.
If the transaction of collective bargaining fails, strikes and lockouts may
take place.

Advantages of Collective Bargaining

The advantages of collective bargaining are:

Enhance worker’s quality of life: It helps workers in improving their quality

life of life. The main focus is on improving safety and working conditions of
employees. Collective bargaining leads to increase in pay level of workers
and other types of benefits. Hence the workers enjoy higher quality of life.
The collective bargaining agreement will lead the workers to enjoy a higher
overall quality of life.

Offer security and stability: It provides employees security of work tenure

and they need not worry about their wrongful termination. They have a
team of representatives and strong support system who represent them
and fight for the rights of employees.

Creates a binding result: Due to the collective bargaining agreement both

the parties are bound together to follow the rules. It provides for extra
security for employers and employees for defending their positions. Both
the parties need to follow the contract and if either of them don’t follow
then may be held liable by the injured party.

Give workers a larger voice: In case of an individual worker, he is unable to

negotiate with the employer and fulfil his demands regarding work
conditions. Whereas, collective bargaining provides strength to workers by
binding them together into a large group. They are able to create a big
impact and leads to mutually beneficial outcome. The recognised trade
unions are able to create a louder voice. The workers who do not have their
unions are faced with lot of problems.

Prevent employees strike: Another advantage of Collective bargaining is it

helps to resolve the dispute between employer and employees. It avoids
the disputes between the employer and employees which often leads to
strike. The representatives of the workers help them in solving their
problems and work for their benefit and indulge in mutual settlement
during disputes.

Disadvantages of Collective Bargaining

Collective bargaining creates many problems.. Other disadvantages of

collective bargaining are-
No representation of consumers: There is no representation of consumers
in the process of collective bargaining.

Prone to inequality: Collective bargaining may lead to inequality among the

parties and either of them may suffer and get less of what they deserve.
There is no fair representation in collective bargaining process. Both parties
suffer. The workers may not get enough employment benefits which they
deserve if their representation is weak. On the other hand, if the
representation of employers is weak, then business may get into loss due
to over-compensation and excessive benefit.
 Can be a financial burden: The persons who become the member of the
union, are required to pay various dues. So, the paying members have to
pay for those dues. Hence, in this process there is lot of financial burden to
member as well as union. There is the cost of lost productivity as both
parties sit and discuss out a deal. Many collective bargaining agreements
are lengthy and require time to read, which further reduces worker
availability. All this involves lot of cost. Employer representatives become
less productive and they are part of this process.

Influence relationship between members: Collective bargaining may not

always result in grouping of workers. There may be conflict among workers
due to disagreement of some issue. The divisions and differences may
surface among workers due to grouping or because of union which were
not present before making an agreement. It can be biased to
[Link] gets affected by this process– Consumer has to bear
the burden of settlement, as when wages of workers are raised by
employers, they raise the price of goods which affects the consumer.

5) State the welfare provision under the factories act 1948?

Factories requirement of free milk or refreshment or both for such children.
Requirement of facility shall be given in a factory for mother of such
children to feed them at necessary intervals.
Section 42: Washing facilities

This section notes that every factory has to:

First, provide and maintain adequate and sufficient washing facilities for all
the factory workers.
Second, separate and properly screened facilities for men and women shall
be provided separately.
Thirdly, make all the services open to all workers
Section 43: Facilities for storing and drying clothes
This section challenges the State Government to certain powers. It
notes that the government of the state has the power to direct the
factories about the position where the workers’ clothes are kept.
They can also guide them with the way workers’ clothes are dried. It
refers to the case where workers don’t wear work clothes.

Section 44: Facilities for sitting

There are different types of workers inside a factory. Some of them

require that the workers stand for a longer period. There is no
question that there are limits to the human capacity to stand on.
The following section states:

1. First, the factory will have suitable seating arrangements

for the staff. It is significant, as he/she can be able to
relax by sitting if the worker gets some free time. That
will also improve their efficiency.
2. Secondly, if the Chief Inspector feels that any worker can
do his job more efficiently while sitting, then he can order
the officers of the factory to arrange for him to sit.
Section 45: First-aid-appliance

Injuries are, for the workers particularly employed in the factories,

somehow an inevitable part of life. Considering the workers’ health
and wellbeing this section specifies that:

1. The factory should supply and maintain appropriate first

aid boxes in each workroom. Under this Act, the number
of boxes for every 100 or 50 employees should be no less
than one. Also, according to the Act, first aid boxes will
have all the necessary contents.
2. There should be none in the First Aid box but the
prescribed contents.
3. Each box should be controlled by an in-charge First Aid
person who will handle all its requirements and use. A
First Aid specialist should be the in-charge.
 4. In case the number of workers exceeds 500, then the
factory should arrange an ‘Ambulance Room’ with the
availability of all necessary equipment.

Section 46: Canteen

This section reads:

1. Any factory in which the number of employees exceeds

250 will then be required by the State Government to
provide and maintain a canteen for the employees.
2. However, in the construction of a canteen, the
Government could lay down certain conditions such as:
3. The norm regarding the canteen’s building,
accommodation, furniture, and other equipment
4. The food to be eaten therein
5. The day the canteen is to be opened
6. The setting up of a canteen management committee
7. Delegation to the Chief Inspector according to the criteria
that may be laid down

Section 47: shelters, restrooms and lunchrooms

This segment contains the following:

If the number of employees in a factory reaches 150, the factory owners

will build and maintain tents, restrooms, and lunchrooms for the
employees. This helps the workers to consume the food they bring along.
Proper ventilation and lighting of tents, rest-rooms, and lunch-rooms.
Regarding construction accommodation, furniture, and other equipment,
the State Government may prescribe standards.

Section 48: Crèches

Due to the diversity of the workforce nowadays, the participation of
women is growing in all sectors, especially the industrial sector. One of the
reasons preventing women from working in factories or any other field is a
lack of care during their working hours for their children. Section 48 states:
To address this problem and improve women’s participation in factories:

If the number of female employees reaches 30 the factory will provide a

separate room for the children of the worker who are under 6 years of age.
The room should be well lit and ventilated.

SECTION 49: WELFARE OFFICERS

Factory with 500 or more workers ordinarily employed, the occupier shall
employ the prescribed number of welfare officers.
State government prescribed, officers employed under this section-
Duties,
Qualifications and
Conditions of service.
SECTION 50: POWER TO MAKE RULES TO SUPPLEMENT THIS CHAPTER

The state government may make rules for any factory or description of
factories from compliance with any of provision of this chapter-

To exempt, subject to compliance with such alternative arrangement for

the welfare of workers as may be prescribed.
To make representatives of the workers employed in the factory,
associated with the management of the welfare arrangement of workers.

6)The Industrial Employment (Standing Orders) Act, 1946

Introduction
The concept of ‘Standing Orders’ is one of the recent growth in relation to Indian labour-
management. Prior to 1946, there existed chaotic conditions of employment, wherein the
workmen were engaged on an individual basis with uncertain and vague terms of employment.
The Act was enacted as a simple measure to remedy this situation – by bringing about
uniformity in the terms of employment in industrial establishments so as to minimize industrial
[Link] Preamble of the Act Imposes a compulsion upon the employers, “to define with
sufficient precision the conditions of employment” and make the same known to the workmen.
Objective of the Act
The objective of the Industrial Employment (Standing Orders) Act, are as follows:
• To provide regular standing orders for workers, factories, and working relationship.
 • To ensure that the employee recognises the terms and conditions of the employees and
thus to minimise exploitation of the workers.
• To promote industrial peace and harmony by supporting fair industrial practices.
Features of the Act
• Every employer whose industry is covered under the Act is required to make Standing
Orders and submit them to the certifying authority.
• The certifying authority is generally the labour commissioner.
• The certifying officer is given the power to modify or add contents to the Standing
Orders in order to certify it.
• Any group of employers in the same category of industries is allowed to submit a joint
standing order.
• In order to make it easy for the employers, the government can set out a model
standing order with which all the standing orders prepared by the employers must
comply.
• The Act applies to industries with 100 or more employees.
• The certifying officers and authority have all the powers of a civil court for matters
under the Act.

Scope of the Industrial Employment (Standing Orders) Act

According to Section 2(g) of the Act, ‘standing orders’ are the regulations pertaining to the
issues listed in the Schedule, i.e.

• Workmen classification into categories such as permanent, temporary, on probation,

etc.
• Manner of intimating workers about wages act, working hours, holidays, etc
• Procedure pertaining to leaves, shift working, temporary stoppages of work,
termination of employment, and the notice period.
• The misconduct-related mechanism, as well as the consequences.
• Employee grievance redressal system
• Employee attendance tracking system
• Manner maintaining workmen records and information etc.

Conclusion

The Act is a regulatory regime to formally define the employment relations between the
workmen/trade union and the employer. A very prominent initiative of this Act is the
concept of ‘standing orders’ which is amorphous in nature being a contract promulgated
statutorily, that represent the will of the parties so regulated. Finally, it may be stated that,
though it lays an exemplary notion, it requires thorough reforms in respect of the present
scenario of employment practised by the principal employer so as to fulfil the Constitutional
objective of securing socio-economic justice substantially.

7) Maternity Benefit Act 1961

Introduction
The Maternity Benefit Act, 1961 is a legislation that protects the employment of women at
the time of her maternity. It entitles women employees of ‘maternity benefit’ which is fully
paid wages during the absence from work and to take care of her child. The Act is applicable
to the establishments employing 10 or more employees. The Maternity Benefit Act, 1961
has been amended through the Maternity (Amendment) Bill 2017 which was passed in the
Lok Sabha on March 09, 2017. Thereafter, the said Bill was passed in Rajya Sabha on August
11, 2016. Further, it received assent from the President of India on March 27, 2017. The
provisions of the Maternity Benefit (Amendment) Act, 2017 (“Amendment Act”) came into
effect on April 1, 2017, and the provision with regard to crèche facility (Section 111 A) came
into effect with effect from July 1, 2017.

Applicability
Upon reading Section 2 along with Section 3 € of Maternity Benefits Act, 1961 (“Act”), it can
be safely concluded that the Act is applicable to establishments such as factories, (“factory”
as defined in the Factories Act, 1948), mines (“mine” as defined in the Mines Act, 1952) and
plantations (“plantation” means a plantation as defined in the Plantations Labour Act,1951).

The Maternity Benefit Act also applies to establishments belonging to Government and
establishments wherein persons are employed for the exhibition of equestrian, acrobatic
and other performances as per section 2(b). The said Act is also applicable to every shop or
establishment defined under law, wherein ten or more persons are employed on a day
during the preceding twelve months and which is applicable in relation to shops and
establishments in a particular state.

Definition
2(b) “child” includes a still-born child;

2(d) “employer” means –

(i) In relation to an establishment which is under the control of the Government, a

Person or authority appointed by the Government for the supervision and

Control of employees or where no person or authority is so appointed, the Head of the

department;

(ii) In relation to an establishment which is under any local authority, the person

Appointed by such authority for the supervision and control of employees or Where no
person is so appointed, the chief executive officer of the local Authority;

(iii)In any other case, the person who are the authority which has the ultimate Control over
the affairs of the establishment and where the said affairs are Entrusted to any other person
whether called a manager, managing director, Managing agent, or by any other name, such
person;
 2(j) “miscarriage” means expulsion of the contents of a pregnant uterus at ay period Prior to
or during the twenty-sixth week of pregnancy but does not include any Miscarriage the
causing of which ins punishable under the Indian Penal Code (45 Of 1860);

2(n) “wages” means all remuneration paid or payable in cash to a woman, if the terms Of
the contract of employment, express or implied, were fulfilled and includes –

(1) Such cash allowances (including dearness allowance and house rent Allowance) as a
woman is for the time being entitled to;
(2) Incentive bonus; and
(3) The money value of the concessional supply of food grains and other Articles,

But does not include –

(i) Any bonus other than incentive bonus;

(ii) Overtime earnings and any deduction or payment made on account of Fines;
(iii) Any contribution paid or payable by the employer to any pension fund Or provident
fund or for the benefit of the woman under any law for The time being in force; and

(iv) any gratuity payable on the termination of service;

11. Nursing breaks. – Every woman delivered of a child who returns to duty after such
Delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of
her daily work two breaks of the prescribed duration for nursing the child until the Child
attains the age of fifteen months.

4. Employment of, or work by, women prohibited during certain period. –

(1) No Employer shall knowingly employ a woman in any establishment during the six weeks
Immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six weeks immediately Following
the day of her delivery of her miscarriage.

(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a Request
being made by her in this behalf, be required by her employer to do during the Period
specified in sub-section

(4) any work which is of an arduous nature or which Involves long hours of standing or
which in any way is likely to interfere with her Pregnancy or the normal development of the
fetus, or is likely to cause her miscarriage Or otherwise to adversely affect her health.

(4) The period referred to in sub-section (3) shall be –

(a) At the period of one month immediately preceding the period of six weeks,
before The date of her expected delivery;
(b) Any period during the said period of six weeks for which the pregnant woman
does Not avail of leave of absence under section 6.

5. Right to payment of maternity benefit. –

 (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be
liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her
actual absence immediately preceding and including the day of her delivery and for the six weeks
immediately following that day.

(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment
of the employer from whom she claims maternity benefit for a period of not less than one hundred and
sixty days in the twelve months immediately preceding the date of her expected delivery:

Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman
who has immigrated into the State of Assam and was pregnant at the time of the immigration.

(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve
weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately
following that day:

Provided that where a woman dies during this period, the maternity benefit shall be payable only for
the days up to and including the day of her death:

6. Notice of claim for maternity benefit and payment thereof. –

(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of
this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her
maternity benefit and any other amount to which she may be entitled under this Act may be paid to her
or to such person as she may nominate in the notice and that she will not work in any establishment
during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be
absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as
possible after the delivery.

(4) On receipt of the notice, the employer shall permit such woman to absent herself from the
establishment until the expiry of six weeks after the day of her delivery

. 7. Payment or maternity benefit in case of death of a woman.

– If a woman entitled to Maternity benefit or any other amount under this Act, dies before receiving
such Maternity benefit or amount, or where the employer is liable for maternity benefit under The
second proviso to sub-section (3) of section 5, the employer shall pay such benefit or Amount to the
person nominated by the woman in the notice given under section 6 and in Case there is no such
nominee, to her legal representative.

8. Payment of medical bonus.

-- Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her
employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post-natal care is
provided for by the employer free of charge.

9. Leave for miscarriage. –

In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to
leave with wages at the rate of maternity benefit for a period of six weeks immediately following the
day of her miscarriage.

14. Appointment of Inspectors. – The appropriate Government may, by notification in the Official
Gazette, appoint such officers as it thinks fit to by Inspectors for the purposes of this Act and may define
the local limits of the jurisdiction within which they shall exercise their function under this Act.

15. Powers and duties of Inspectors. -- An Inspector may, subject to such restrictions or conditions as
may be prescribed, exercise all or any of the following powers, namely: -

(a) enter at all reasonable times with such assistants, if any, being persons in the service of the
Government or any local or other public authority as he thinks fit, any premises or place where women
are employed or work is given to them in an establishment, for the purposes or examining any registers,
records and notices required to be kept or exhibited by or under this Act and require their production
for inspection;

(b) examine any person whom he finds in any premises or place and who, he has reasonable cause to
believe, is employed in the establishment:

Provided that no person shall be compelled under this section to answer any question or give any
evidence tending to incriminate himself:

(c) require the employer to give information regarding the names and addresses of
women employed, payments made to them, and applications or notices
received form them under this Act;

CASE LAW
Mrs. Savita Ahuja v. State of Haryana & others (1998)
In Mrs. Savita Ahuja v. State of Haryana & Others (1998), the Hon’ble Punjab and
Haryana High Court ruled that the petitioner should not be denied the right to
maternity leave just because her job was solely temporary or ad hoc in nature.
She is entitled to maternity leave with full pay for the duration of her
confinement, and it was illegal to fire her from her job due to her pregnancy.
Therefore, these female government workers who were hired on an as-needed
basis should also be eligible for maternity leave.

K.C Chandrika v. Indian Red Cross Society (2006)

The petitioner’s position as a clerk employed by the Red Cross Society in K.C.
Chandrika v. Indian Red Cross Society (2006) is of a temporary nature but is
likely to last indefinitely. The respondent granted the petitioner’s request for
maternity leave after she made it. Three months were allotted for the leave.
The petitioner was shocked to receive a notification from the respondents
informing her that her services had been terminated while she was on leave.
The issue to be decided was whether K. Chandrika’s service termination was
valid or not. The Hon’ble Court determined that the respondent was required to
restore the petitioner in service with continuity of service for the computation of
service benefits after taking into account all pertinent facts. Therefore, the
worker may be called up to make a sacrifice that would only be for the benefit
of the public and deserves to be paid wages as far as the grant of back wages is
concerned.

Smt. Archana Pandey v. State of M.P & others (2016)

The issue in Smt. Archana Pandey v. State of M.P. & others (2016) was about
whether the petitioners, as contractual employees, were eligible for maternity
leave benefits. After considering the various judgments, the Madhya Pradesh
High Court concluded that the Constitution requires her employer to give her
access to all the amenities she needs to give birth and that there is no reason
why a woman who works as a contract employee should not receive the benefits
of the Maternity Benefit Act. The petitioner is to be given maternity benefits by
the respondents.

Conclusion
The Amendment Act has come into force with effect from 1 April 2017. All
establishments covered under the Amendment Act were supposed to amend
their existing maternity benefit policies to bring it in line with the Amendment Act
with effect from 1 April 2017. The changes brought through the Amendment Act
are applauded by everyone. However, there are different aspects of the
Amendment Act that require clarity. It is not clear whether increased maternity
benefits will also be applicable to women who are currently undergoing maternity
leave. Furthermore, the justification for having separate effective date for
implementing “work from home” option is not clear, for the reason that works
from home is an enabling provision brought into force to inspire employers to
provide such choice to a woman depending upon the nature of work being
handled by her and not a statutory requirement under the MB Amendment Act.
The requirements like crèche facilities require more capital and operating
expenditure on the part of the employer. The establishments will have to bear the
whole cost of providing leave to employees. In most countries, the cost of
maternity leave is shared by the government, employer, insurance agency and
other social security programs.