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Sunday, November 23, 2014

Industrial Dispute Act. - Short Notes

Short Notes
1. Continuous Service: A workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorized leave or accident or strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of worker.
Where a workman is not in continuous service within the meaning of clause (1) above for a period of one year of six months, he shall be deemed to be in continuous service under an employer
(a)    for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which the calculation is made, has actually worked under the employer for not less than (i) one hundred and ninety days if employed below ground or in a mine and (ii) two hundred and forty days in any other case;
(b)   for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which the calculation is made, has actually worked under the employer for not less than (i) ninety five days if employed below ground or in a mine and (ii) one hundred and twenty days in any other case.

2. Lay Off:  Means putting aside workmen temporarily. The duration of lay off should not be for a period longer than the period of emergency. The employer-employee relationship does not come to an end during the period of lay-off but is merely suspended during the period of emergency.
Any such refusal or failure to employ a workman may be on account of:
(i) Shortage of coal, power or raw materials or
(ii) The accumulation of stock; or
(iii) The breakdown of machinery; or
(iv) Natural calamity; or
(i)     any other connected reasons.
3. “Employer” means: (i) in relation to any industry carried on by or under the Authority of any department of the Central Government or a State Government, the Authority prescribed in this behalf, or where no Authority is prescribed, the head of the department;
(ii) in relation to an industry carried on by or on behalf of a local Authority, the Chief Executive Officer of that Authority;
4. Workman: 'Workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, .and for the purpose of any proceeding under this Act.
"Workman" does not include any such person - (i) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957, or (ii) who is employed in the Police Service or as an officer or other employee of a prison, or (iii) who is employed mainly in a managerial or administrative capacity, or (iv) who, being employed in a supervisory capacity, draws wages exceeding Rs. 1600/- per mensem, or exercises functions mainly of management nature.
5. Wages: It means all remuneration capable of being expressed in terms of money, which would, if the terms of payment, expressed or implied were fulfilled, be payable to a workman in respect of his employment or of work done in such employment. Wages also includes(i) dearness allowance as the workmen is for the time being entitled to; (ii) the value of any house accommodation, or of the supply of light, water, medical benefits or any concessional, supply of food grains or other articles; (iii) any travelling concession; (iv) any commission payable on sales promotion or business, or both.
However, the following are not wages:- (a) any bonus; (b) any contribution paid or payable by the employer to any pension fund or provident fund., (c) any gratuity payable on the termination of service of workman.
6. "Public utility service" means: (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; 
(v) any system of public conservancy or sanitation; 
(vi) any industry specified in the First Schedule which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification 
7. Closure of an Undertaking: An employer who intends to close down an undertaking shall serve, at least 60 days before the date on which the intended closure. A notice is required to give to the appropriate Government stating clearly the reasons for the intended closure of the undertaking.

Provided that nothing in this section shall apply to - An undertaking in which less than 50 workmen are employed or less than 50 workmen were employed on an average per working day in the preceding twelve months. An undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project.