Keywords : Approved List, Approved Union, Arbitration Proceeding, Arbitrator, Association of Employers, Award, Board, Change, Commissioner of Labour, Conciliation Proceeding, Conciliator, Court of Enquiry, Employee, Employer, Illegal Change, Industrial Court, Industrial Dispute, Industrial Matter, Industry, Joint Committee, Labour Court, Labour Officer, Lock-out, Occupation, Primary Union, Qualified Union, Representative of Employees, Representative Union, Strike, Undertaking, Union, Wages, Settlement
The Bombay Industrial Relations Act, 1946
1
Bombay Act No. XI of 1947
2
(15th April 1947)
An Act to regulate the relations of employers and employees, to make
provision for settlement of industrial disputes and to provide for certain
other purposes.
WHEREAS it is expedient to provide for the regulation of the relations of
employers and employees in certain matters, to consolidate and amend the law
relating to the settlement of industrial disputes and to provide for certain other
purposes. It is hereby enacted as follows:-
CHAPTER I
Preliminary
- Short title.- This Act may be called the Bombay Industrial Relations Act,
1946. - Extent, commencement and application.- (1) This Act extends to the
3
[whole of the State of Maharashtra].
(2) It shall come into force on such date as the
4
[State] Government may by
notification in the Official Gazette specify:
5
[Provided that, on the commencement of the Bombay Industrial Relations
(Extension and Amendment) Act, 1964 this Act shall come into force in those
areas of the Vidarbha area of the State in which immediately before such
commencement the Central Provinces and Berar Industrial Disputes Settlement
Act, 1947, was in force].
(3) In the areas in which the Bombay Industrial Disputes Act, 1938, was in
force immediately before the commencement of this Act, this Act shall apply to the
industries to which the said Act applied:
6
[Provided that this Act shall cease to apply with effect from the date on which
the Bombay Industrial Relations (Amendment) Act, 1949, comes into force, to the
Imperial Bank of India and any banking company as defined in section 5 of the
Banking Companies Act, 1949, having branches or other establishments in more
than one
7
[State].
1 For Statement or Objects and Reasons, see Bombay Government Gazette, 1946, Pt. V, p.209; and for
Proceedings in Assembly, see Bombay Legislative Assembly Debates, 1946, Vol.IX; and for Proceedings in
Council, see Bombay Legislative Council, Debates, 1946, Vol. XI
2 This Act is extended to the rest of the State of Maharashtra (vide Mah. 22 of 1965, S.2)
3
Subs. by Mah. 22 of 1965
4
Subs. by the Adaptation of Laws Order, 1950.
5 Added by Mah. 22 of 1965.
6 Added by Bom. 55 of 1949, Addition of the said proviso shall not affect any proceedings, the other than a
proceeding in respect of a reference made by the State Government or any officer or authority subordinate to it,
pending before the Industrial Court or a Labour Court or the Registrar on the date on which Bom.55 of 1949
comes into force and to which the Imperial Bank of India or a banking company referred to in the said proviso
is a party,and such proceeding shall be continued and disposed of as if Bom. 55 of 1949 had not been passed
(vide S.20 of Bom.55 of 1949).
7
Subs. by the Adaptation of Laws Order, 1950.
2 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946
(4) The
1
[State] Government may by notification in the Official Gazette
apply all or any of the provisions of this Act to all or any other industries, whether
generally or any local area as may be specified in such notification.
2
[Provided that on the commencement of the Bombay Industrial Relations
(Extension and Amendment) Act, 1964, all the provisions of this Act shall apply to
those industries in the Vidarbha area of the State to which the Central Provinces
and Berar Industrial Disputes Settlement Act, 1947, applied.]
3
[(5) The State Government may, by notification in the Official Gazette, direct
that the provisions of this Act shall cease to apply to such industry in such area
and from such date as may be specified in the notification; and thereupon on that
date, the provisions of this Act shall cease to apply to that industry in such area,
and thereupon, the provisions of section 7 of the Bombay General Clauses Act,
1904, shall apply to such cessor as if this Act had then been repealed in relation to
the said industry in such area by a Maharashtra Act.
(6) On the application of this Act to any industry generally or in any area, in the
manner provided in the foregoing provisions of this section, all rules, regulations,
orders and notifications made or issued or deemed to be made or issued under
this Act, and in force in the Bombay area of the State immediately before such
application to any industry shall in so far as they are not inconsistent with the
provisions of the principal Act, as amended by the Bombay Industrial Relations
(Extension and Amendment) Act, 1964, also apply to such industry generally, or
as the case may be, in that area until duly rescinded or amended.] - Definitions.- In this Act unless there is anything repugnant in the subject or
context –
(1) “approved list” means the list of approved unions maintained by the
Registrar under section 12;
(2) “approved union” means a union on the approved list;
(3) “arbitration proceeding” means-
(a) any proceeding under this Act before an arbitrator,
(b) any proceeding before a Labour Court,
4
[a Wage Board] or the Industrial
Court in arbitration;
(4) “arbitrator” means an arbitration to whom a dispute is referred for
arbitration under the provisions of this Act and includes an umpire;
(5) “association of employers” means any combination of employers
recognised by the
5
[State] Government under section 27;
(6) “award” means any
6
[interim, final or supplementary] determination in an
arbitration proceeding of any industrial dispute or of any question relating
thereto;
(7) “board” means a Board of Conciliation appointed under section 7;
(8) “change” means an alteration in an industrial matter;
1
Subs. by the Adaptation of Laws Order, 1950.
2 Added by Mah. 22 of 1965.
3 Added by Ibid.
4
Ins. by Bom. 74 of 1948.
5
Subs. by the Adaptation of Laws Order, 1950.
6
Subs. by Bom. 55 of 1949.
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 3
1
[(8A) “closure” means the closing of any place or part of a place of
employment or the total or partial suspension of work by an employer or the
total or partial refusal by an employer to continue to employ persons
employed by him, whether such closing, suspension or refusal is or is not in
consequence of a industrial dispute;]
NOTE
Lock-out is not closure of business.-It is only a refusal to employ the persons and not a
refusal to carry on the business, In lock-out it is closure of place of business while in case
of closure the business itself is closed irrevocably and permanently. Krishnamurthi v.
Industrial Tribunal, Madras, (1961) 2 FJR 94.
(9) “Commissioner of Labour” means an officer appointed by the
2
[State]
Government for the time being to be the Commissioner of the Labour; and
in respect of any of the powers and duties of the Commissioner of Labour
that may be conferred and imposed on any person, includes such person;
(10) “Conciliation proceeding” means any proceeding held by a Conciliator or
a Board under this Act;
(11) “Conciliator” means any Conciliator appointed under this Act and
includes the Chief Conciliator
3
[and Additional Chief Conciliator] or a
Special Conciliator;
(12) “Court of Enquiry” means a Court constituted under section 100;
(13) “employee” means any person employed to do any skilled or unskilled
4
* work for hire or reward in any industry, and includes –
(a) a person employed by a contractor to do any work for him in the execution
of a contract with an employer within the meaning of sub-clause (e) of
clause (14);
(b) a person who has been,
5
[dismissed, discharged or retrenched or whose
services have been terminated,] from employment on account of any
dispute relating to change in respect of which a notice is given or an
application made under section 42 whether before or after his
6
[dismissal,
6
[dismissal, discharge, retrenchment or, as the case may be, termination
from employment];
7
[but does not include –
(i) a person employed primarily in a managerial, administrative, supervisory
or technical capacity
8
[drawing basic pay (excluding allowances)
exceeding
9
[six thousand five hundred rupees per month;]
(ii) any other person or class of persons employed in the same capacity as
those specified in clause (i) above irrespective of the amount of the pay
1
Ins.by Bom 74 of 1948.
2
Subs. by the Adaptation of Laws Order, 1950.
3
Ins. by Mah. 22 of 1965.
4 Deleted by Bom. 63 of 1953.
5
Subs. by Mah. 22 of 1965.
6
Subs. by Ibid.
7 Added by Bom. 63 of 1953.
8
Subs. by Mah. 22 of 1965.
9
Subs. by Mah. Act No.38 of 2005 dt. 23.8.2005
4 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946
drawn by such persons which the State Government may, by notification
in the Official Gazette, specify in this behalf;]
NOTE
The petition is filed against the orders passed by the Labour Court declaring the strike
resorted to by the Technical, Supervisory and Clerical Staff of the Mills as illegal, on an
application filed by the Mills.
Now the main issues are : 1. Are the Technical, Supervisory and Clerical Staff employees
within the meaning of amended definition vide section 3(13) of the Act; 2. Can-individual
employees who had gone on strike have any locus standi in preference the recognised
union appearing before the Labour Court?
HELD : 1. The workmen concerned who had gone on strike were clerks and though the
definition has deleted the words “manual or clerical”, this only enlarges the scope of the
definition. That they are not excluded should be clear from the standing orders which form
part of the B.I.R Act and with reference to the fact that the B.I.R Act applies to the business
of banking where mostly the work of the clerical nature is carried on. 2. The finding
recorded by the Labour Court that once the recognised Union appears in the proceeding
then the others have no locus standi is also wholly justified in view of the provisions of
section 27A of the Act as interpreted by Supreme Court in AIR 1978 SC 202- Santuram
Khudai v. Printers and Processors Pvt. Ltd. 1982 APS L C 10.
(14) “employer” includes –
(a)an association or a group of employers;
(b)any agent of an employers;
(c) where an industry is conducted or carried on by a department of the
1
[State] Government, the authority prescribed in that behalf, and where
no such authority has been prescribed, the head of the department;
(d)where an industry is conducted or carried on by or on behalf of a local
authority, the chief executive officer of the authority;
(e)where the owner of any undertaking in the course of or for the purpose of
conducting the undertaking contracts with any person for the execution
by or under the contractor of the whole or any part of any work which is
ordinarily part of the undertaking, the owner of the undertaking;
(15) “illegal change” means an illegal change within the meaning of subsection (4) or (5) of section 46;
(16) “industrial Court” means the Court of Industrial Arbitration constituted
under section 10;
(17) “industrial dispute” means any dispute or difference between an
employer and employee or between employers and employees or between
employees and employees and which is connected with any industrial
matter;
(18) “Industrial matter” means any matter relating to employment, work,
wages, hours of work, privileges, rights or duties of employers or
employees, or the mode, terms and conditions of employment, and
includes-
(a) all matters pertaining to the relationship between employers and
employees, or to the dismissal or non-employment of any person;
1
Subs. by the Adaptation of Laws Order, 1950.
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 5
(b) all matters pertaining to the demarcation of functions of any employee
or classes of employees;
(c) all matters pertaining to any right or claim under or in respect of or
concerning a registered agreement or a submission, settlement or
award made under this Act;
(d) all questions of what is fair and right in relation to any industrial matter
having regard to the interest of the person immediately concerned and
of the community as a whole;
(19) “industry” means –
(a) any business, trade, manufacture or undertaking or calling of employers;
(b) any calling, service, employment, handicraft, or industrial occupation or
avocation of employees;
and includes –
(i) agriculture and agricultural operations;
(ii) any branch of an industry or group of industries which the
1
[State]
Government may by notification in the Official Gazette declare to be an
industry for the purposes of this Act;
(20) “Joint Committee” means a Joint Committee constituted under section
48;
(21) “Labour Court” means a Labour Court constituted under section 9;
(22) “Labour Officer” means an officer appointed to perform the duties of a
Labour Officer under this Act; and includes in respect of such powers and
duties of the Labour Officer as may be conferred and imposed on him, as
Assistant Labour Officer;
(23) “local area” means any area
2
[(including the entire State)] notified as a
local area for the purposes of this Act
3
[or for different industries;]
(24) “lock-out” means the closing of a place or part of a place of employment
or the total or partial suspension of work by an employer or the total or
partial refusal by an employer to continue to employ persons employed by
him, where such closing, suspension or refusal occurs in consequence of
an industrial dispute and is intended for the purpose of –
(a) compelling any of the employees directly affected by such closing,
suspension or refusal or any other employees of his, or
(b) aiding any other employer in compelling persons employed by him, to
accept any term or condition of or affecting employment;
NOTE
Section 2(I) of the I.D. Act defines lock-outs “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.”
Like strikes, lock-out must involve more than one workmen. Individual workmen cannot be
locked out. Singareni Collieries Co. Ltd. v. Their Mining Sirdas 1967 (15) F.L.R. 25.
1
Subs. by the Adaptation of Laws Order, 1950.
2
Ins. by Mah. 22 of 1965.
3
Added by ibid.
6 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946
(25) “member” means a person who is an ordinary member of a union and
who has paid a subscription of not less than
1
[twenty- five paise]
2
[per
calendar month]:
Provided that no person shall at any time be deemed to be a member if his
subscription is in arrears
3
[for a period of more than three calendar months during
the period of six months immediately preceding such time].
4
[Explanation.- A subscription for a particular calendar month shall, for the
purposes of this clause, be deemed to be in arrears if such subscription is not paid
by the end of the calendar month in respect of which it is due];
(26) “occupation” means such section of an undertaking as it is recognised
under section 11 to be an occupation;
(27) “prescribed” means prescribed by rules made under this Act;
(28) “Primary Union” means a union for the time being registered as a Primary
Union under this Act;
(29) “Qualified Union” means a union for the time being registered as a
Qualified Union under this Act;
(30) “registered union” means a union registered under this Act;
(31) “Registrar” means a person for the time being appointed to be the
Registrar of Unions under this Act; and includes
5
[an Additional Registrar
and] in respect of such powers and duties of the Registrar as may be
conferred and imposed on him, an Assistant Registrar of Unions;
(32) “representative of employees” means a representative of employees
entitled
6
[to appear or act] as such under section 30;
(33) “Representative Union” means a union for the time being registered as a
Representative Union under this Act;
(34) “schedule” means a schedule appended to this Act;
(35) “settlement” means a settlement arrived at during the course of a
conciliation proceeding;
7
[and for the purposes of section 44B includes a
settlement arrived at within two months from the date of the completion of
any conciliation proceeding which has failed];
8
[35A] “stoppage” means a total or partial cessation of work by the employees
in an industry acting in combination or a concerted refusal or a refusal
under a common understanding of employees to continue to work or to
accept work, whether such cessation or refusal is or is not in consequence
of an industrial dispute;]
(36) “strike” means a total or partial cessation of work by the employees in an
industry acting in combination or a concerted refusal or a refusal under a
common understanding of employees to continue to work or to accept work,
where such cessation or refusal is in consequence of an industrial dispute;
1
Subs. by Mah. 22 of 1965.
2
Subs. by Bom. 63 of 1953.
3
Subs. by Mah. 22 of 1965.
4
Ins. by Bom. 63 of 1953.
5
Ins. by Mah. 22 of 1965.
6
Subs. by Bom. 55 of 1949.
7 Added by Bom. 63 of 1953
8
Ins. by Bom. 74 of 1948.
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 7
(37) “undertaking” means such concern in any industry as is recognised by
the Registrar under section 11;
(38) “union” means a Trade Union of employees which is registered under the
Indian Trade Unions Act, 1926.
1
[(38A) “Wage Board” means a Wage Board constituted under section 86A]:
(39) “wages” means remuneration of all kinds capable of being expressed in
terms of money and payable to an employee in respect of his employment
or work done in such employment and includes –
(i) any bonus, allowances (including dearness allowances), reward or
additional remuneration;
(ii) the value of any house accommodation, light, water, medical attendance
or other amenity or service;
(iii) any contribution by the employer to any person or provident fund;
(iv) any travelling allowance or the value of any travelling concession;
(v) any sum paid or payable to or on behalf of an employee to defray
special expenses entailed on him by the nature of his employment;
2
[(vi) gratuity payable, if any].
CHAPTER II
Authorities to be constituted or appointed under this Act
- Commissioner of Labour. -The Subs. by the Adaptation of Laws Order,
1950.
3
[State] Government shall, by notification in the Official Gazette, appoint a
person to be Commissioner of Labour.
(2) The
3
[State] Government may, by general or special order, notified in the
Official Gazette confer and impose all or any of the powers and duties of the
Commissioner of Labour on any person whether generally or for any local area. - Registrar
4
[Additional Registrars] and Assistant Registrars -.The
3
[State] Government shall, by notification in the Official Gazette, appoint a person
to be the Registrar of Unions for
5
[the whole of the State of Maharashtra].
6
[(1A) The State Government may, by similar notification, appoint one or more
more Additional Registrars of Unions for the whole State or for any local area
thereof. An Additional Registrar of Unions shall exercise such powers and
perform such duties of the Registrar under the provisions of this Act, as the State
Government may, by notification in the Official Gazette, specify in this behalf.
(1B) An Additional Registrar shall not be subordinate to the Registrar except
as respect such matters as the State Government may, by general or special
order, specify in this behalf.]
(2) The
3
[State] Government may, by similar notification, appoint a person to
be the Assistant Registrar of Unions for any local area and may, by general or
special order, confer on such person all or any of the powers of the Registrar of
Unions under this Act.
1
Ins.by Bom. 43 of 1948.
2
Subs. by Mah. 22 of 1965.
3
Subs. by the Adaptation of Laws Order, 1950.
4 Added by Mah. 22 of 1965.
5
Subs. by Mah. 22 of 1965.
6
Ins. ibid.
8 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946 - Conciliators.-(1) The
1
[State] Government shall appoint a person to be the
Chief Conciliator. His jurisdiction shall extend
2
[throughout the
3
[State of
Maharashtra].
4
[(1A) The State Government may appoint one or more Additional Chief
Conciliators for the whole State or for any local area thereof. An Additional Chief
Conciliator shall exercise such powers and perform such duties of the Chief
Conciliators under the provisions of this Act as the State Government may, by
notification in the Official Gazette, specify in this behalf.
(1B) An Additional Chief Conciliator shall not be subordinate to the Chief
Conciliator, except as respects, such matters as the State Government may, by
general or special order, specify in this behalf.]
(2) The
1
[State] Government may, by notification in the Official Gazette,
appoint any person to be a Conciliator for any industry in a local area specified in
the notification.
(3) The
1
[State] Government may, by notification in the Official Gazette,
appoint any person to be a Special Conciliator for such local area or for such
industry for such local area or for such industrial dispute or class of disputes as
may be specified in the notification. - Board of Conciliation – (1) When an industrial dispute arises the
1
[State]
Government may, by notification in the Official Gazette, constitute a Board of
Conciliation for promoting the settlement of such dispute.
(2) The Board shall consist of a Chairman who shall be an independent
person and an even number of members. Every member shall be either an
independent person or a person chosen by the
1
[State] Government from a panel
representing the interests of the employers or employees, provided that the
number of persons chosen from panels representing employers and the number
chosen from panels representing employees shall be equal. Such panels shall be
constituted in the manner prescribed.
(3) If any vacancy occurs in the office of the Chairman or a member of the
Board before the Board has completed its work, such vacancy shall be filled in the
manner prescribed and the proceedings shall be continued before the Board as so
reconstituted from the stage at which they were when the vacancy occurred.
Explanation.-For the purposes of this section a person shall be deemed to be
an independent person if he is unconnected with the dispute for the settlement of
which the Board is constituted and the industry directly affected by the dispute. - Labour Officers and Assistant Labour Officers.-(1) The
1
[State]
Government may, by notification in the Official Gazette, appoint Labour Officers
for any local area or areas.
(2) The
1
[State] Government may, by similar notification appoint Assistant
Labour Officer for any local area or areas, and may by general or special order
confer on them all or any of the powers of the Labour Officer under this Act. - Labour Courts.-The
1
[State] Government shall, by notification in the
Official Gazette, constitute one or more Labour Courts having jurisdiction in such
1
Subs. by the Bom. Adaptation of Laws Order, 1950.
2
Subs. by the Bom. Adaptation of Laws Order, 1950.
3
Subs. by Mah. 22 of 1965, s.6(a) .
4
Ins. by ibid., s.6(b)
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 9
local areas as may be specified in such notification and shall appoint persons
having
1
[the following qualifications] to preside over such Courts:
2
[A person shall not be qualified for appointment as the presiding officer of a
Labour Court, unless-
(a) he has held any judicial office in India for not less than five years; or
(b) he has practised as an Advocate or Attorney for not less than seven years
in the High Court or any Court subordinate thereto, or in any Industrial
Court, Tribunal or Labour Court constituted under any law for the time
being in force; or
(c) he holds a degree in law of a University established by law in any part of
India and is holding or has held an office not lower in rank than that of
Deputy Registrar of any such Industrial Court or Tribunal, or of Assistant
Commissioner of Labour under the State Government, in both cases for
not less than five years.] - Industrial Court – (1) The
3
[State] Government shall constitute a Court of
Industrial Arbitration.
(2) The Industrial Court shall consist of three or more members, one of whom
shall be its President.
(3) Every member of the Industrial Court shall be a person
4
[who is not
connected with the industrial dispute referred to such court or with any industry
directly affected by such dispute:
Provided that no person shall be deemed to be connected with the industrial
dispute or with the industry by reason only of the fact that he is a shareholder of
an incorporated company which is connected with, or likely to be affected by such
industrial dispute; but in such a case, he shall disclose to the State Government
the nature and extent of the shares held by him in such company.]
(4) Every member of the Industrial Court shall be a person who is or has been
a judge of High Court or is eligible for being appointed a judge of such Court:
5
[Provided that,-
(a) a person who has been a Judge not lower in rank than that of Assistant
Judge, for not less than three years; or
(b) a person who has been the presiding officer of a Labour Court constituted
under any law for the time being in force, for not less than five years; or
(c) a person who holds a degree in law of a University established by law in
any part of India and is holding or has held an office not lower in rank
than that of Assistant Commissioner of Labour under the State
Government, for not less than ten years,
shall also be eligible for appointment as a member of the Industrial Court:
Provided further that, one member of the Industrial Court may be a person not
so eligible, if in the opinion of the State Government he possesses expert
knowledge of Industrial matters.]
1
Subs. by Mah. 47 of 1977.
2
Subs. by ibid.
3
Subs. by the Bom. Adaptation of Laws Order, 1950.
4
Subs. by Bom. 35 of 1956.
5
Subs. by Mah. 47 of 1977.
10 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946
CHAPTER III
Registration of Unions - Recognition of undertakings and occupations.- The Registrar may,
after making such inquiry as he deems fit, recognise for the purposes of this Act-
(1) any concern in an industry to be an undertaking;
(2) any section of an undertaking to be an occupation. - Maintenance of registers and approved list. – It shall be the duty of the
Registrar to maintain in such forms as may be prescribed-
(a) registers of unions registered by him under the provisions of this Act,
and
(b) a list of approved unions. - Application for registration.- (1) Any union which has for the whole of
the period of
1
[three calendar months immediately preceding the calendar month
in which it so applies] under this section a membership of
2
[not less than twentyfive per cent] of the total number of employees employed in any industry in any
local area may apply in the prescribed form to the Registrar for registration as a
Representative Union for such industry in such local area.
(2) If in any local area no Representative Union has been registered in respect
of an industry a union which has for the whole of the period of
3
[three calendar
months immediately preceding the calendar month in which it so applies] under
this section a membership of not less than five per cent of the total number of
employees employed in such industry in the said area may apply in the prescribed
form to the Registrar for registration as a Qualified Union for such industry in such
local area.
(3) If in any local area, neither a Representative Union nor a Qualified Union
has been registered in respect of an industry, a union having a membership of not
less than fifteen per cent of the total number of employees employed in any
undertaking in such industry in the said area and complying with the conditions
specified in section 23 as necessary for its being placed on the approved list may
apply in the prescribed form to the Registrar for registration as a Primary Union for
such industry in such local area.
4
[(4) Notwithstanding anything contained in this section, if a union makes a
fresh application for registration as a Representative Union, Qualified Union, or as
the case may be, Primary Union, before a previous application for such
registration has been finally disposed of by the Registrar, the Registrar shall not
entertain such application.] - Registration of union.- On receipt of an application from a union for
registration under section 13 and on payment of the fee prescribed, the Registrar
shall, if after holding such inquiry as he deems fit he comes to the conclusion that
the conditions requisite for registration specified in the said section are satisfied
and that the union is not otherwise disqualified for registration, enter the name of
the union in the appropriate register maintained under section 12 and issue a
certificate of registration in such form as may be prescribed:
1
Subs. by Bom. 63 of 1953.
2
Sub. by Mah. 22 of 1965.
3
Subs. by Bom 63 of 1953.
4 Added by ibid.
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 11
ProvidedFirstly, that in any local area there shall not at any time be more than one
registered union in respect of the same industry;
Secondly, that in any local area the Registrar shall in respect of an industry
register a union fulfilling the conditions necessary for registration as a
Representative Union in preference to one not fulfilling the said conditions, and
failing such a union fulfilling the conditions necessary for registration as a
Qualified Union in preference to one not fulfilling such conditions:
Thirdly, that where two or more unions fulfilling the conditions necessary for
registration apply for registration in respect of the same industry in any local area
1
[in the same calendar month] subject to the provisions of the second proviso, the
union [upon] having the largest membership of employees employed in the
industry
2
[for a period of three months immediately preceding the calendar month
in which they apply] shall be registered
3
[and no applications for registration
received in any subsequent calendar month shall be considered, until the
applications received first in the same calendar month are disposed of by the
Registrar]:
Fourthly, that the Registrar shall not register any union if he is satisfied that
the application for its registration is not made bona fide in the interest of the
employees but is made in the interest of the employers to the prejudice of the
interest of the employees:
4
[Fifthly, that the Registrar shall not register any union if at any time, within six
months immediately preceding the date of the application for registration or
thereafter the union has instigated, aided or assisted the commencement or
continuation of a strike or stoppage which has been held or declared to be illegal:
Sixthly, that the Registrar shall not register any union, if the rules of the union
relating to its members contain any provision debarring any employee in the
industry concerned from being a member of such union on the ground that he is or
is not an employee in any particular undertaking in the said industry.] - Cancellation of registration- The Registrar shall cancel the registration
of a union —
(a) if the Industrial Court directs that the registration of such union shall be
cancelled;
(b) if
5
[after giving notice to such union to show cause why its registration
should not be cancelled and] after holding such inquiry, if any, as he
deems fit, he is satisfied-
(i) that it was registered under mistake, misrepresentation or fraud; or
(ii) that the membership of the union has for a continuous period of three
6
[calendar] months fallen below the minimum required under section
13 for its registration:
1 Added by Mah. 22 of 1965.
2
Ins. by ibid.
3
Ins. by ibid.
4 Added by Bom. 74 of 1948.
5
Ins. by Bom. 62 of 1963.
6
Subs.by Bom. 63 of 1953.
12 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946
Provided that where a strike or a closure not being an illegal strike or closure
under this Act in an industry involving more than a third of the employees in the
industry in the area has extended to a period exceeding fourteen days in any
calendar month, such month shall be excluded in computing the said period of
three months:
Provided further that the registration of a union shall not be cancelled under
the provisions of this sub-clause unless its membership
1
[for the calendar month in
which show cause notice under this section was issued] was less than such
minimum; or
(i) that the registered union being a Primary Union has after registration failed
to observe any of the conditions specified in section 23; or
(ii) that the registered union is not being conducted bona fide in the interests
of employees but in the interests of employers to the prejudice of the
interest of employees; or
(iii) that it has instigated, aided or assisted the commencement or
continuation of
2
[a strike or a stoppage which has been held or declared to
be illegal];
(c) if its registration under the Indian Trade Unions Act, 1926, is cancelled. - Registration of another union in place of existing registered union.-
(1) If at any time any union (hereinafter in this section referred to as “applicant
Union”) makes an application to the Registrar for being registered in place of the
union al- ready registered (hereinafter in this section referred to as “registered
union”) for an industry, in a local area, on the ground that it has a larger
membership of employees employed in such industry the Registrar shall
3
[if a
period of two years has elapsed since the date of registration of the registered
union,] call upon the registered union by a notice in writing to show cause within
4
[thirty days] of the receipt of such notice why the applicant union should not be
registered in its place. An application made under this sub-section shall be
accompanied by such fee as may be prescribed:
5
[Provided that, the Registrar shall not entertain any application for registration
registration of a union, unless a period of one year has elapsed since the date of
disposal of the previous application of the union.]
(2) The Registrar shall forward to the Labour Officer a copy of the said
application and notice.
(3) If, on the expiry of the period of notice under sub-section (1), after holding
such inquiry as he deems fit, the Registrar comes to the conclusion that the
applicant union complies with the conditions necessary for registration specified in
section 13, and that its membership was during the whole of the period of
6
[three
calendar months immediately preceding the calendar month in which it made the
application] under this section larger than the membership of the registered union,
he shall subject to the provisions of section 14 register the applicant union in place
1
Subs.by Bom. 63 of 1953.
2
Subs. by Bom. 74 of 1948.
3
Ins.by Mah. 22 of 1965.
4
Subs. by Bom. 63 of 1953.
5 Added by Mah. 22 of 1965.
6
Subs. by Bom. 63 of 1953.
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 13
of the registered union
1
[and issue a certificate of registration in such form as may
be prescribed.]
(4) Every application made under this section shall be published in the
prescribed manner not less than 14 days before the expiry of the period of notice
under sub-section (1). - Application for re-registration.- (1) Any union the registration of which
has been cancelled on the ground that it was registered under a mistake or on the
ground specified in sub- clause (ii) of clause (b) of section 15 may, at any time
after three months from the date of such cancellation and on payment of such fees
as may be prescribed, apply for re-registration. The provisions of sections 13 and
14 shall apply in respect of such application.
(2) A union the registration of which has been cancelled on any other ground
shall not, save with the permission of the
2
[State] Government, be entitled to apply
for re-registration. - Liability of union or members not relieved by cancellation.-
Notwithstanding anything contained in any law for the time being in force, the
cancellation of the registration of a union shall not relieve the union or any
member thereof from any penalty or liability incurred under this Act prior to such
cancellation. - Periodical returns to be submitted to Registrar.- Every registered union
shall submit to the Registrar on such dates and in such manner as may be
prescribed, periodical returns of its membership. - Appeal to Industrial Court from order of Registrar
3
***.- (1) Any party to
a proceeding before the Registrar may within 30 days from the date of an order
passed by the Registrar under this Chapter, appeal against such order to the
Industrial Court:
Provided that the Industrial Court may for sufficient reason admit any appeal
made after the expiry of such period.
(2) The Industrial Court may admit an appeal under sub-section (1) if on a
perusal of the memorandum of appeal and the decision appealed against it finds
that the decision is contrary to law or otherwise erroneous.
(3) The Industrial Court in appeal may confirm, modify or rescind any order
passed by the Registrar and may pass such consequential orders as it may deem
fit. A copy of the orders passed by the Industrial Court shall be sent to the
Registrar. - Publication of order.- Every order passed under sections 14, 15 or 16
and every order passed in appeal under section 20 shall be published in the
prescribed manner. - Registration of union for more than one local area.- Subject to the
foregoing provisions of this Chapter, a union may in the prescribed manner be
registered for an industry for more local areas than one.
1 Added by Mah. 22 of 1965.
2
Subs. by the Adaptation of Laws Order, 1950.
3 Del. by Mah. 22 of 1965.
14 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946
CHAPTER IV
Approved Unions - Approved list: maintenance of: conditions for being entered in. -(1)
On an application being made in the prescribed form, by a union for being entered
in the approved list, the Registrar may after holding such inquiry as he deems fit
enter the union in such list if he is satisfied that the union has made rules, that the
provisions of the said rules are being duly observed by the unions, and that the
rules provide that-
(i) its membership subscription shall be not less than
1
[fifty paise] per month;
(ii) its executive committee shall meet at intervals of not more than three
months;
(iii) all resolutions passed, whether by the executive committee or the general
body of the union, shall be recorded in a minute book kept for the
purpose;
(iv) an auditor appointed by Government may audit its accounts at least once
in each financial year;
(v) every industrial dispute in which a settlement is not reached by
conciliation shall be offered to be submitted to arbitration, and that
arbitration under Chapter XI shall not be refused by it in any dispute;
(vi) no strike
2
[shall be sanctioned, resorted to or supported] by it unless all
the methods provided by or under this Act for the settlement of an
industrial dispute have been exhausted
3
[or unless the circumstances
mentioned in the proviso to clause (h) of sub- section (1) of section 97
obtain] and the majority of its members vote by ballot in favour of such
strike;
4
[(vii) no stoppage which is illegal under this Act shall be sanctioned resorted
to, or supported by it;]
5
[(vii) no `go slow’ shall be sanctioned, resorted to, or supported by it:]
Provided that the Registrar shall not enter a union in the approved list if he is
satisfied that it is not being conducted bona fide in the interest of its members but
to their prejudice.
5
[Provided further that,-
(a) the Registrar shall not entertain any fresh application by any union unless
its previous application for being entered in the approved list is finally
disposed of by him;
(b) when two or more unions fulfilling the conditions necessary for being
entered in the approved list apply in respect of the same industry in any
local area in the same calendar month, the union having the largest
membership of employees in the industry in the calendar month
immediately preceding the calendar month in which they apply, shall be
entered in the approved list;
1
Subs. by Mah. 22 of 1965.
2
Subs. by Mah. 22 of 1965.
3
Ins. by Mah. 22 of 1965.
4
Ins. by Bom. 74 of 1948.
5
Ins. by Mah. 22 of 1965.
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 15
(c) where after receipt of any application from any union under sub-section
(1) any other union or unions apply for being entered in the approved list,
for the same industry in the same local area in any subsequent calendar
month, such application or applications shall not be considered unless the
application received first is disposed of by the Registrar].
Explanation.-“Member” for the purposes of clause (vi) means a member of the
union for the purposes of the Indian Trade Unions Act, 1926.
(2) The
1
[State] Government may by notification in the Official Gazette direct
that in the case of any union or class of unions specified in the notification the
membership subscription may, subject to a minimum of
2
[twenty-five paise] per
month, be less than
3
[fifty paise].
(3) Notwithstanding anything contained in sub-section (1) there shall not at
any time be more than one approved union in respect of any industry in a local
area.
(4) Any union complying with the conditions specified in sub- section (1) and
having a larger membership in an industry in a local area than an approved union
for such industry
4
[in that local area] shall on application in that behalf be entered
in the approved list in place of such approved union
5
[by the Registrar
6
[if after
holding such inquiry as he deems fit, he is satisfied that the applicant union has
got the larger membership in such industry in that local area than the approved
union in the calendar month preceding the calendar month in which such
application is made;
7
[Provided that, the Registrar shall not entertain-
(a) any such application unless a period of two years has elapsed since the
approved union was entered in the approved list;
(b) any fresh application by the same union, unless a period of one year has
elapsed from the date of disposal of its previous application by the
Registrar.]
8
[23A. Approved union to continue to be so for altered local area for
some time.- Notwithstanding anything contained in section 23, if there is any
alteration in the local area or areas,-
(a) an approved union in an industry in the altered local area or areas, or
(b) where two or more approved unions exist in an industry in the altered
local area or areas the union having the largest membership, whether by
agreement of the other approved unions or as determined by the
Registrar after such inquiry as he deems fit,
shall be deemed to be the approved union for the altered local area or areas, as
the case may be, for a period of twelve months from the date on which such
alteration is effected, or where such approved union or any other union in the
1
Subs. by the Adaptation of Laws Order, 1950.
2
Subs. by Mah. 22 of 1965.
3
Subs. by Mah. 22 of 1965.
4
Ins. by ibid.
5 Added by Bom. 63 of 1953.
6
Ins. by ibid.
7 Added by Mah. 22 of 1965.
8
Ins. by Bom. 63 of 1953.
16 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946
altered local area or areas makes an application under section 23 within such
period until the disposal of such application by the Registrar].
1
[23-B. Recognised union under C.P. an Berar XXIII of 1947 to be
approved union for purposes of this Act.- Notwithstanding anything contained
in sub-section (1) of section 23, any union registered as a recognised union in any
local area in respect of any industry under the Central Provinces and Berar
Industrial Disputes Settlement Act, 1947, shall, on the commencement of the
Bombay Industrial Relations (Extension and Amendment) Act, 1964, be deemed
to be an union entered in the approved list as an approved union for that local
area in respect of that industry.] - Removal from approved list.- The Registrar shall remove a union from
the approved list if its registration under the Indian Trade Unions Act 1926, is
cancelled, and may also so remove a union if after holding such inquiry if any as
he deems fit, he is satisfied that it –
(i) was entered in the list under mistake, misrepresentation or fraud; or
(ii) has, since being included in the approved list, failed to observe the
conditions specified in section 23:
2
[Provided that, the Registrar shall not, for a period of six months from the
commencement of the Bombay Industrial Relations (Extension and Amendment)
Act, 1964, remove any union entered in the approved list before such
commencement, on the ground that such union has failed to observe any
additional conditions introduced in section 23 by the Act, aforesaid.
Explanation.-For the purposes of clause (ii), failure by a union deemed to be
approved union under section 23B to make rules providing for matters specified in
section 23 within a period of six months from the commencement of the Bombay
Industrial Relations (Extension and Amendment) Act, 1964 shall be deemed to be
failure to observe the conditions specified in section 23.]
3
[24A. Appeal to Industrial Court from order of Registrar under Chapter
IV- (1) Any party to a proceeding before the Registrar may, within 30 days from
the date of an order passed by the Registrar under this Chapter, appeal against
such order to the Industrial Court :
Provided that the Industrial Court may for sufficient reason admit any appeal
made after the expiry of such period.
(2) The Industrial Court may admit an appeal under sub-section (1), if on a
perusal of the memorandum of appeal and the decision appealed against, it finds
that the decision is contrary to law or otherwise erroneous.
(3) The Industrial Court in appeal may confirm, modify or rescind any order
passed by the Registrar and may pass such consequential orders as it may deem
fit. A copy of the order passed by the Industrial Court shall be sent to the
Registrar]. - Right of Officers of approved unions. –
4
[Such officers
5
[members of the
the office staff] and members of an approved union as may be authorised by or
1
Ins. by Mah. 22 of 1965.
2 Added by ibid.
3
Ins. by Mah. 22 of 1965.
4
Subs. by Bom. 43 of 1948.
5
Ins. by Bom. 63 of 1953.
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 17
under rules made in this behalf by the
1
[State] Government shall, in such manner
and subject to such conditions as may be prescribed, have a right, and shall be
permitted by the employed concerned-
(a) to collect sums payable by members to the union on the premises where
wages are paid to them;
(b) to put up or cause to be put up a notice board on the premises of the
undertakings in which its members are employed and affix or cause to be
affixed notices thereon;
(c) for the purpose of the prevention or settlement of an industrial dispute-
(i) to hold discussions on the premises of the undertaking with the
employees concerned who are the members of the union;
(ii) to meet and discuss with an employer or any person appointed by him
for the purpose of the grievances of its members employed in his
undertaking;
(iii) to inspect, if necessary, in any undertaking any place where any
member of the union is employed. - Legal aid to approved unions at Government expense in important
proceedings –
(1) An approved union is entitled to appear-
(a) before a Labour Court in a proceeding for determining whether a strike,
lock-out,
2
[closure, stoppage] or change is illegal, or
(b) before the Industrial Court in a proceeding involving in the opinion of the
Court an important question of law or fact,
may apply to the Court for the grant of legal aid at the expense of the
3
[State]
Government.
(2) A copy of every application made under sub-section (1) shall be sent to
the Registrar with the least practicable delay.
(3) The Court to which an application is made under sub-section (1) may fix
for the hearing of the application a day of which at least three days’ clear notice
shall be given to the Registrar.
(4) On the day fixed or as soon thereafter as may be convenient, the Court
shall examine the witnesses, if any, produced by the union, and the Registrar, and
may also examine the officers of the union, and shall make a memorandum of the
substance of such evidence.
(5) The Court may after considering the evidence adduced under sub-section
(4) either grant or refuse the application.
(6) The
3
[State] Government may in consultation with the Industrial Court
prescribe the fees for legal advice to, and appearance on behalf of a union before
a Court.
(7) For the purpose of this section, legal aid includes advice to the union and
the appearance before a Court of a legal practitioner on behalf of the union.
1
Subs. by the Adaptation of Laws Order, 1950.
2
Ins. by Bom. 74 of 1948.
3
Subs. by the Adaptation of Laws Order, 1950.
18 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946
CHAPTER V
Representatives of Employers and Employees, and
Appearance on their behalf - Recognition of combination of employers as association of
employers.- (1) The
1
[State] Government may from time to time by notification in
the Official Gazette.
(a) recognise any combination of employers in an industry
2
[in any local area]
whether incorporated or not as an association of employers for the purposes of this Act, provided that one of the objects of such combination is the
regulation of conditions of employment in the industry
3
[in that local area];
(b) withdraw any recognition granted under clause (a):
Provided that no recognition shall be withdrawn unless an opportunity has
been given to such association of employers to be heard.
(2) In any proceeding under this Act an association of employers shall be
entitled to represent-
(a) any employer who is a member of the association;
(b) any employer connected with the same industry not being a member of
the association, who has intimated in writing to the prescribed authority
that he has agreed to be represented by the association in such
proceeding;
and any notice or intimation given by or to such association shall be deemed to
have been given by or to every employer it is entitled to represent.
(3) Where more employers than one are affected, or under any of the
provisions of this Act deemed to be affected, and no association of employers is
under sub-section (2) entitled to represent all of them, the representative
determined in the prescribed manner shall be entitled to act as their
representative.
4
[27AA. Recognised association of employers to continue to be so for
altered local areas.- Notwithstanding any contained in this Act, if there is any
alteration in any local area or areas notified for purposes of this Act-
(a) the recognised association of employers entitled under this Act to
represent under sub-section (2) of section 27 in any industry immediately
before the alteration in the local area or areas concerned; or
(b) where more than one recognised association of employers are entitled to
represent under sub-section (2) of section 27, the association having the
largest membership of employers connected with the same industry,
shall be entitled to represent for the altered local area or areas, as the case may
be for a period of twelve months from the date on which such alteration is effected
or if an application under section 27 is made within such period by such
association or by any other association in the altered local area or areas, until the
disposal of such application by the State Government.]
1
Subs. by the Adaptation of Laws Order, 1950.
2
Ins. by Mah. 22 of 1965.
3
Ins. by Mah. 22 of 1965.
4
Ins. by Mah. 22 of 1965, s.16.
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 19
1
[27A. Appearance on behalf of employees.- Save as provided in section
32,
2
[33 and 33A] no employee shall be allowed to appear or act in any
proceeding under this Act except through the representative of employees.] - Election of representatives of employees.- (1) Where there is no
Representative Union in respect of any industry in any local area, the employees
in each undertaking in the industry and in each occupation therein may, in the
prescribed manner, elect five persons from among themselves to represent them
for the purposes of this Act:
Provided that no such persons shall be elected for any occupation the number
of employees in which does not exceed ten.
(2) The persons, if any, elected under sub-section (1) shall function in such
manner as may be prescribed.
(3) Within
3
[two years] from the date on which an election under sub-section
(1) is held, and within each succeeding
4
[two years] thereafter, a fresh election
shall be held:
Provided that any person may be re-elected at any such election.
(4) The employees may in the prescribed manner recall any or all of the
person elected under sub-section (1) or (3).
(5) Vacancies in the number of the persons elected under sub- section (1) or
(3) shall be filled by election in the prescribed manner. - Act or decision of majority to be deemed to be act or decision of all.-
Any act or decision of the majority of the persons elected under section 28 by any
employees shall be deemed to be the act or decision of all the persons so elected
by them. - Representative of employees.-
5
[Subject to the provisions of section
33A, the following shall be entitled]
6
[to appear or act] in the order of preference
specified as the representative of employees in an industry in any local area-
(i) a Representative Union for such industry;
(ii) a Qualified or Primary Union of which the majority of employees directly
affected by the change concerned are members;
(iii) any Qualified or Primary Union in respect of such industry authorised in
the prescribed manner in that behalf by the employees concerned;
(iv) the Labour Officer if authorised by the employees concerned;
(v) the persons elected by the employees in accordance with the provisions
of Section 28 or where the proviso to sub-section (1) thereof applies, the
employees themselves;
(vi) the Labour Officer:
Provided1
Ins. by Bom. 55 of 1949.
2
Subs. by Mah. 22 of 1965.
3
Subs. by Bom. 74 of 1948.
4
Subs. by Bom. 74 of 1948.
5
Subs. by Mah. 22 of 1965.
6
Subs. by Bom.55 of 1949.
20 THE BOMBAY INDUSTRIAL RELATIONSACT, 1946
Firstly, that the persons entitled
1
[to appear or act] under clause (v) may
authorise any Qualified or Primary Union in respect of such industry
1
[to appear or
act instead of them;
Secondly, that where the Labour Officer is the representative of the
employees, he shall not enter into any agreement under section 44 or settlement
under section 58 unless the terms of such agreement or settlement, as the case
may be, are accepted by them in the prescribed manner;
Thirdly, where in any proceeding the persons entitled
1
[to appear or act] under
clause (v) are more than five, the prescribed number elected from amongst them
in the prescribed manner shall be entitled
2
[to appear or act] instead.
3
[31. Registered or representative union to continue to be so for altered
local area for some time.- Notwithstanding anything contained in this Act, if there
is any alteration in any local area or areas notified for the purposes of this Act,-
(a) a registered or representative union entitled under this Act to appear or
act as a representative of employees in an industry immediately before
the alteration in the local area or areas concerned, or
(b) where more than one registered or representative union are entitled to
appear or act as representative of employees in an industry under this
section, the union having the largest membership of employees employed
in the industry, where by agreement of the other registered or
representative unions or as determined by the Registrar after such inquiry
as he thinks fit,
shall be entitled to appear or act for the altered local area or areas, as the case
may be, for a period of twelve months from the date on which such alteration is
effected or if an application under section 13 is made within such period by such
union or, any other union in the altered local area or areas, until the disposal of
such application by the Registrar].
4
[32. Persons who may appear in proceedings.- A Conciliator, a Board, an
an Arbitrator, a Wage Board, a Labour Court and the Industrial Court may, if he or
it considers it expedient for the ends of justice, permit an individual, whether an
employee or not, to appear in any proceeding before him or it:
Provided that
5
[subject to the provisions of section 33A,] no such individual
shall be permitted to appear in any proceedings
5
[not being a proceeding before a
Labour Court or the Industrial Court in which the legality or propriety of an order of
dismissal, discharge, removal, retrenchment, termination of service or suspension
of an employee is under consideration)] in which a Representative Union has
appeared as the representative of employees].
33.
6
[Appearance for] employee.- Notwithstanding anything contained in any
any other provision of this Act an employee
7
[or a representative union] shall be
entitled to appear through any person,
(a) in all proceedings before the Industrial Court;
1
Subs. by Bom. 55 of 1949.
2
Subs. by Bom. 55 of 1949.
3
Subs. by Bom. 63 of 1953.
4
Subs. by Bom. 55 of 1949.
5
Ins. by Mah. 22 of 1965.
6 Subs. by Bom. 55 of 1949.
7 Ins. by Bom. 43 of 1948.
THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946 21
1
[(aa) in all proceedings before a Wage Board;]
(b) in proceedings before a Labour Court for deciding whether a strike, lockout
2
[closure or stoppage] or change or an order passed by an employer
under the standing orders is illegal]
3
(c) in such other proceedings as the Industrial Court may, on application
made in that behalf, permit:
Provided that a legal practitioner shall not be permitted under clause (c) to
appear in any proceeding under this Act except before a Labour Court
4
[as
provided in section 83A] or the Industrial Court:
5
[Provided further that
6
[subject to the provisions of section 33A], no employee
employee shall be entitled to appear through any person in any proceeding under
this Act
7
[(not being a proceeding before a Labour Court or the Industrial Court in
which the legality or porpriety of an order of dismissal, discharge, removal,
retrenchment, termination of service or suspension of an employee is under
consideration)] in which a Representative Union has appeared as the
representative of employees.]
8
[Provided also that save as aforesaid, any person (other than the
Representative Union or legal practitioner) shall not be permitted to appear on
behalf of an employee in any proceeding before any Court under this Act, save
with the permission of the Court].
9
[33A. Persons who may appear in proceeding in which there is dispute
between employees and employees.-(1) In any dispute between the employees
and employees referred to arbitration of a Labour Court or the Industrial Court
under section 72, all persons, who are parties to the dispute, shall be entitled to
appear and act in the proceedings before such Court:
Provided that, where the number of employees on either side exceeds five,
then such employees shall elect, in the manner prescribed, two persons from
amongst themselves to appear and act for them.
(2) If a Representative Union desires to be heard in respect of such dispute, it
may, on application made to the Court, also be heard by such Court.]
CHAPTER VI
Powers and duties of Labour Officers
- Powers and duties of Labour Officer.- (1) A Labour Officer shall
exercise the powers conferred, and perform the duties imposed on him by or
under this Act.
(2) For the purpose of exercising such powers and performing such duties a
Labour Officer may, subject to such conditions as may be prescribed, at any time
during working hours, and outside working hours after reasonable notice, enter
