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'  7_of  lt8z a the industrial disputes (amendment) bill 1982 a billfurther to amend the industrial lnpute act, 1947 be it enacted by parliament in the thirty-third year of the republic of ipdia as follows:-1 (1) this act may be called the industrial disputes (amendment) act, 1982  short uu am 5 (2) it shall come into force on such date 811 the central govarmnent may, by notification in the omcial gazette, appoint oommencemet z in section 2 of the industrial dill'pdes act, lsm7 (hereidafter !:,e:!i referred to as the principal act) ,-hctioia z 10 11011976 (a) in clause (/1), in sub-clause (i), for the portion begbmidg with the words "the industrial finadce corporation of india" and ending with the words and figures "the regional rural banks act, 1976", the following shall be substituted, namely:-of 19f8 11 at 19f8 m of 1&68 moflml 80 'a dock labour board established under section sa of the dock workers (regulation of employment) act, 1948, or the industrial finance corporation of india establihed udder section 3 of the inciuatrial finance corporation act, 1948, or the employees' state inaurance corporation established under section 3 of the employees' state insurance act, 1948, or the board ot trustees constituted under aection 3a of the coal mines provident l"'tmd and misee1laneou8 proviilcad aet, in, or the central board of truiteee ud the state uu of "l'n1iteei codiutute4 27 of 19g5 31 ot 1958 under section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952, or the 19 ot 1952 "indian airlines" and "air india" corporations established under section 3 of the air corporations act, 1953, or the life insurance corporation of india established under section 3 of the life in-5 surance corporation act, 1956, or the oil and natural gas commission established under section 3 of the oil and natural 58 of 1962 gas commission act, 1959, or the deposit, insurance and credit 43 of 1959 guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act 1961, or the 10·47 ot 1961 central warehousing corporation establishled under section! 3 of the warehousin~ corporations act, 1962, or the agricultural refinance and development corporation established under section 3 of thp agricultural refinance 'and development corloot 1963 poration act 1963, or the unit trust of india established under 15 section 3 of the unit trust of india act 1963, or the food corpo-52 of 1983 ration of india established under section 3, or a board ~ management established for two or more contiguous states under section 16 of the food coroorations act, 1964, or the international _ 37 of 1964-airports authority of india constituted under section 3 of the 20 intemational airports authority of india act, 1971, or a regional q of 1971 rural ,bank established under section 3 of the regional r1ll'81 banks act, 1976, or the export c~t and guarantee corpora-21 of 19'78 tion ijmited or the industrial reconstruction corporation of sl5 india limited'; (b) after clause (e), the following clause shall be inserted, e1  - ,,, nam y:-, '(ee) "closure" means the pennanent closing down of a place of employment or part thereof;'; (c) for clause (j) the following clause shall be substituted, so namely: - ~, , '(j) "industryt' means any systematic activity carried on by co-operation between an employer and hir workmen (whether such workmen are employed by such employer directly or by or through any agency, includin~ a contractor) for the production, 35 supply or distriqution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,-(i) any capital has been invested for the purpose of carrying on such activity; or 40 (ii) such activity is carried on with a motive to make any gain or profit, and includes-(a) any activity of the dock labour board estabushed under section 5a of the dock workers (regulation of em- 45 ployment) act, 1948; 90t ih1 (b) any activity,being a profession practised by any indtvidual or body of" tndlvi8uals;  (c) any activity ,relating to tle promotion of sal or business or both carried on by an establishment, but does not include-5 (1) any agricultural operation except wherf' such agricultural operation is carried on in an integrali!d manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant onej or (2) hospitals or dispensaries; or 10 (3) educational, scientific, research ol' training institutions; or (4) institutions owned or managed by organisations wholly or substantially eng~ged in any charitable, locial or philanthropic service; or (5) khadi or village industries; or 15 (6) any activity of the government relatable to the sovereign functions of the government including all the activities carried on by the departments of the central government dealing with defence research, atomic energy and space; 20 (7) any activity which is carried on by a co-operative society, being a co-operative society in which not less than ten pensons are employedj'; (d) after clause (k), the following clause shall be inserted, 25 namely:-'(ka) "industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried , , on: so provided that where several activities are carried on i'n an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,-35 (a) if any unit of such establishment or  undertaking  carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertakingj 45 (b) if the predominant activity or each of the predominant activities carried on in such establishment or under· taking or any unit thereof is an industry and the other  activity or each of the otheractivitiee carried on in such establishment or undertaking or unit thereof is not severable from, alld is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire eetablishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establth· ment or undertakingj', (e) clause (kka) shall be reletteredu clauee (jekb) and before the c1auje as 80 relettered, the fellowing elausemill be inserted, namely:-- (kka) "khadi" bu the meaning assigned to it in clause (d) of section 2 of the khadi bdd villap industries commission act, 5 1958;'; 81 0111h (f) in clause (kkk),· fer the words "or for any other reason", the words "or natural calamity or for any other conneeted reason" shall be substituted; (g) in clause (1), for the words "closing of a place of employ- 10 ment", the words "temporary closing of a place of employment" shall be substituted;  (h) after clause (q), the followin& clause shall be inserted, dludely:-, (qq) "trade union" meads a trade union registered under j 5 the trade unions act, 1926;'; 16 of 1926 (i) after clause (r), the following clauses shall be inserted, oamely:-'(ta) "unfair labour practice" means any of the practices speci1led in the fifth schedule; !20 (rb) "village industries" has the meaning assigned to it in clause (h) of section 2 of the khadi and village industries commission act, 1956;'; 81 of 1_ (j) in clause (rr) i after sub-clause (iii), \he following subclause shall be inserted, namely:-!25  (iv) my eommjpion payable on the promotion ot sales or business or both;"; (c) for clawe () the following clause shall be substituted, aamely:-'(,) "workman" means any person (including an apprentice) 30 employed in any industry to do any manual, 1)nskwed, akiued, techdical, 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 35 djsmissed, di1icharged or retrenched in conneetion with, or as a consequence of, that dispute, or whose dismissal, discharge or retredclunent has led to that dispute, but does not include any such person-(f) who is subject to the air force act, 1950, or the 40 45011810 army act, 1950, or the navy act, 195'1; or 48 of 1_ 8201185' (ii) who is employed in the police lervice or as an oftlcer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or 45 (i\) who, being employed in a supervisory capacity, draws wages exceedin~ one $ho1uanc:l1ix hundred rupe_ per mensem or exercises, either by the nature of the dutl  attached to the office or by reason of the powers vested ia him, functiod8 mainly of a managerial nature' 3 in section 7 of the principal act, in sub-section (3), clause (c) shall amendment of be omitted section 7 5 ~ in section 7 a of the principal act,-amendment of section 7a (4) in sub-section (1), after the words "the third schedule", the words "and for performing such other functions as may be assigned to them under this act" shall be inserted; (b) in !'iub-~ection (3) ,-(i) in clause (00), the word "or" at the end shall be omitted; 10 (ii) clause (b) shall be omitted amendmentof section 'lb 5 in section 7b of the principal act, in sub-section (3), for the portion beginning with the word "unless" and ending' with the words "not less than two years", the words "unless he is, or has been, a judge of a high 15 court" shall be substituted g in the proviso to section 9a of the princ:pal act, clause (4) shall be omitted amendmentof aection9a 7 after section 9b of the principal act, the followin& chapter shall insertion be inserted, namely:-'   of new chapter iib  20 "chapter ob reference of certain individual dispt7tli:s to giuevancb sb'1"1'ld4ent  atmior1'1'ii'b9c (1) the employer in relation to every industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, shall set up, in accordance with the rules made in that behalf under this act, a grievance settlement authority 'for the settlement of industrial disputes connected with an individual workman employed in the establishment  30setting up of 'grie-vance settlement authori ties and reference of certain lndivi· dual disputes to luc:b authorities (2) where an industrial dispute connected with an individual workman arises in an establishment referred to in sub~tion (1), - workman or any trade union of workmen of which such workman is a member, refer, in such manner as may be prelcribed such dispute to the grievanoe settlement authority set up by the employer under that sub-section for settlement, 35 (3) the grievance settlement authority referred to in subsection (1) shall follow such procedure and complete its proceedings within such period as may be prescribed (4) no reference shall be made under chapter oi with respect to any dispute ref~rred to 1n this section unless sucn dispute has been referred to the grievance settlement authority concerned and the decision of the grievance settlement authority is not acceptable to any of the parties to the dispute", 8 in section 10 of the principal ad,-(4) in sub-section (1), after the second proviso, the following proviso shall be inserted, namely:-amendmento! section 10 "provided also that where the dispute in relation to which the central cklvernment is the appropriate government, it shall 5 be competent for that government to refer the dispute to a labour court or an industrial tribunal, 'as the case may be, constituted by the state government: "; (b) after bub-section (2), the following sub-section shall be inserted, namely: -10  (2a) an order referring an industrial dispute to a labour court, tribunal or national tribunal under this section shall specify the period within which such labour court, tribunal or national tribunal shall submit its award on such dispute too the appropriate government: 15 o provided that where such industrial dispute is connected with an individual workman, no such period shall exceed three months: provided further that where 'the parties to an industrial dispute apply in the prescribed manner, whether jointly or !<to separately, to the labour court, tribunal or national tribunal for extension of such period or for any other reason, and the presiding officer of such labour court, tribunal or national trlbudij considen it necessary or expedient to extend such period, he may for reasons to ,be recorded in writing, extend such period by such ~5 further period as he may think fit: provided also that in computing any period specified in this sub-section, the period, if any, for which the proceeding,; before the labour court, tribunal or national tribunal had been stayed by any injunction or order of a civil <:ourt shall be excluded;, go provided also that no proceedings before a labour court, tribunal or national tribunal shall lapse merely on the ground that any period specified under this sub-section had expired without such proceedings being completed"; <c) after sub-section (7), the following sub-section shall be insert- 35 ed, namely:-"(8) no proceedings pending before a labour court, tribunal or national tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such labour court, tribudal or  0 national tribunal shall complete such proceedings and submit its award to the appropriate government"  9 in section 11 of the principal act,-o (a) in sub-section (4),-amendmentol aecuon 11 0 (i) for the words "may call for", the words "may enforce the attendance of any person for the purpose of examination of such 45 person or call for" shall be subat\tutedf  (ii) for the words "in respect of compelling the production of documents", the words "in respect of enforcing the attendance of any person and examining him or of compelling the production of documents" shall be substituted;  5 5 ot 1898 20t 1974 (b) in sub-section (8), for the words and figures "sections 480, 482 and 484 of the code of criminal procedure, 1898", the words and figures "sections 345, 346 and 348 of the code of criminal procedure, 1973" shall be substituted 10 in section 15 of the principal act, for the words "as soon as it is amendmentof section lis 10 practicable on the conclusion thereof", the words, brackets, figures and letter "within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to subsection (2a) of section 10" shall be substituted 11 after section 17a of the principal act, the following section shall 15 be inserted, namely:-20 iilier tlonof newhction 17b payment ottuu wag to workmad pendin, pro· ceedinp in higher co\jl"llzt "17b where 'in ''sny case, a labour court, tribunal or national tribunal ~y its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a high court or the 'supreme court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the 'high court or the suprem~ court, full wages last drawn by him, inclusive of any maij?tenance allowance admissible to him under any rule if the workman had not been employed in any establishment dunng such period and an affidavit by such workman had been flied to that effect in such court: provided th'at when' it is proved to the satisfaction of the hillh court or the supreme court that such worlanan had been employed and had been receivinll adequate remuneration during anv such pprlod or part thereof the court shall order that no wages shall be pav'able under this section for such period or part, as the case may be" go :12 in section 25k of the principal act, in ~uh-section (1) 'for the words "three hundred" the words "one hundred" shall be substituted amend mento! section 25k 13 in section 25m of the principal act,-amend-mento! s!dion 25m 35 (a) in sub-section (1), after the words clor,to natural calamity", the words " and in the case of a mine, such lay-of! is due also to fire, flood,' excess of inflammable gas or explosion" shan be inserted; (b) after sub-section (2), the following sub-section shall be inserted, namely:-, (2a) where the workmen (other than badli workmen or casual worlanen) of an industrial establishment being a mine have 40 been laid-ofl' under sub-section (1) for reasons of flre, flood or excess of inflammable gas or explosion, the employer in relation to such establishment shall, within a period of thirty days from the date of commencement of such lay-01f, apply to the 'authority 45 speeifted under sub-section (1) for permission to continue the lay-off"; (c) in sub-eections (3), (4) and (s), after the wordl, bracket and flgure "under sub-section (2) ", the words, brackets, figure and letter clor sub-section (2a)" shall be inserted 14 for section 25-0 of the principal act, the following 8ection shall be substituted, namely:-substitu· tiollof new section for sec· tion 25·0 procedure for cl08ina dowdb undertaking "2f)q (1) an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days befor~ the date on which the intended closure is to become effective, to the appropriate government, stating clearly the 10 reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on therepresen· tatives of the worktnen in the prescribed manner: provided that nothin~ in this sub·section shall al'ply to an under· takinlit set up for the construction of buildings, bridges, roads, canals 15 dams ot' for other construction work (2) where an application for permission has been made under sub-section (1) the rppropriate government after making such encmirv as it thinks fit and after mvin!! a reasonable opportunitv of heine: heard to the f'mplovpr the workmen and the person!l interested ao in such closure tnav havinl:!' re~ard to the ~enuinene9s and adequacy of the rer!'ionc:: strted bv the pmnlover the interests of the ll!eneral nublic rnd :111 other relevant 'factors, bv order and for reasons to be recorded in wrl tin i! , izt'rtlt or refuse to rrant such permission and ii conv of such order shall be communicated to the em~oyer and 25 the workmen (3) where rtl rnn1if'stion hl't"l been made under sub-sectlon (1) and the bnpron"iatp government doe<: not communicate the order s!l'8ntinl7 o~ refllsino;!' to il'l"ant ~rmission to the emnlover within a period of sixtv davs from the date on which such anplication is made, go the permission anplle(l fot' shall be deemed to have been granted on the expiration of the said period of sixty days (4) an order of the apnropriate government grantin~ or refusing to jli'8nt permis'1ion shan, subieet to the provisions of sub-eection (5) be final and bindin~ on all the parties and shall remain in force for 35 one year from the date of such order (s) the appropriate government may either on its -own motion or on the application made by the employer or any workman review its order rranting or refusinll to grant permission under sub-seetion (2) or refer the matter to a tribunal for adjudication: 40 provided that where a reference has been made to a tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference (6) where no application ~ ~isston under sub-eeetion' (1)' 11 made within the period speclfted therein, or where the pennisiion for 5 elosure has been refused, the closure of i the undertaking shall  be deemed to be illegal from the date o~ closure and the workmen shall be entitled to '811 the benefits under any law for the time being' in force as if the undertaking had not been closed down 5 10 (r) notwithstanding anything contained in the foregoing provisions of this section, the app·ropriate government may, if it is satisfied that owing to such exceptional circumstances as i accident iri the undertaking or de'8th of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-~ection (1) shall not apply in relation to such undertaking for such period as may be specified in the order 15 (8) where an undertaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed '0 be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for i permission under this section, sh'811 be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous' service or any part· thereof in excess of six months" 15 in section 25r of the principal act,-20 amendment of section 25r 25 (a) in sub-section (2), for the words, brackets, figures and letters "a direction given under sub-section (2) of section 25-0 or section 25p", the words, brackets, figures and letters "an order refusing to grant permission to close down 'an undertaking under sub-section (2) of section 25-0 or a direction given under section 230p" shall be substituted; (b) sub-section (3) shall be omitted 16 after chapter vb of the principal act, the following chapter shall be inserted, namely:-inaertion olnew chapter vc go "chapi'er vc  unfair labour practices 18af 19u25t no employer or workman or a trade union, whether registered under the trade unions act, 1926, or not, shall commit any unfair labour practice 35 25u any person who commits any unflair labour practice shall be punishable wjth imprisonment for a term which may extend to six months or with fine which may extend ito one thousand rupees or with both" prohibltionof unfair labour practice penalty for comroitttna unfair labour practices 17 in section 33 of the principal act, in sub-section (5) ,-40  amendmento! section 33, (a) for the words "as expeditiously as possible", the words "wit1:&in a period of three months from the date of receipt of, such application" sh'all be substituted; (b) the following provisos shall be inserted, namely:-"provided that where any such authority considers it necee-45 sary or expedient so to do, it may, for reasons to be recorded m writing, extend such period by such further period as it may think fit: provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings being com-5 pletea" 18 in section 33a of the principal act,-amendmentof section iia: (a) for the words "before a labour court, tribunal or natioxiai tribunal", the words "before a conciliation officer, board, an arbitrator, a labour court, tribunal or national tribunal" shall he substi- 10 tuted; (b) for the portion beginn:ijlg with the words "in the prescribed manner to such labour court" and ending with the words "apply accordingly", the following shall be substituted, namely:-"in the prescribed manner,-(a) to such conciliation officer or board, and the conciliation officer or board shall take such complaint into acoount in mediating in, and promoting the settlement of, such industrial disp'ute; and (b) to such arbitrator, labour court, tribunal or 20 national tribunal and on receipt of such· complaint the arbitrator, labour court, tribunal or national tribunal, as the case may be, shall adjudicate upon' the complaint as if it were a dispute referred to c1r pending before it, jn accordance with the provisions of this act and shall submit his or 25 its award to the appropriate government and the provisions of this act shall apply accordingly" it in section 33c of the principal act, in sub-section (2),-:-(go) after the words "the appropriate 'government", the 'woi"d8 "within a period not exceeding three months" shall be inserted; 30 (b) the following proviso shall be 'added at the end, namely: - "provided that where the presiding ofticer of a labour court considers it necessary or expedient so to do, he may, for l'ebsolul to be recorded in writing, extend such per~od by such further period as he may think fit" s5 20 in sub-section (2) of section 34 of 'the principal act, for the words "8 presidency magil$'ate or a magistrate of the first class", the words "8 metropolitan magistrate or a judicial ' magistrate of thefll'lt' class" shall be substituted , 21' after section 36a of the principal act, the following sectlor shbll 40 ,be inserted, namely:-insertlod of new ec1tod 88 b power to ezempt 1'368 where the appropriate government is satiafted iu relation to any industrial establishment or undertaking or any class of industrial establishment~ or undertakings under the control of that government that adequate pr6vitiorls exist for the investigation and 45 settlement of industrial disputes in respect of workmen employed in such establishment or' undertakng or class of establishments or undertakings, it may, by notification in the official gazette, exempt, conditionally or unconditionally such establishment or undertaking 5 or class of establish!jlents or undertakings from all or any of the pro-visions of this act" - 2z in sub-section (2) of section 38 of the principal act, after clause '(aaa) , the 'following clause shall be inserted, namely:-amendmentof section 88 10 "(ab) the constitutio'n of grievance settlement authorities ,referred to iil section 9c, the mllnner in 'which industrial disputes may be referred to such authorities for settlement, the procedure to be followed by such authorities in the proceedings in relation to dsputes referred to them and the period within which such proceedings shall be completed;" 15 is after the fourth schedule to the principal act, the following schedule shall be inserted, namely:- 'the fifth scheduleiili, uon of new fifth schedule •  [see section 2 (ta)] unfair labour practiceslio i-on the patt 0'1 emplo'yer<: and trade union<: of employers 1 to interfere with, restrain from, or coerce, workmen in the exercise of their right to organise form, join or assist a trade union or to engage in concerted activities fur the purposes of collective bargaining or other mutual aid or protection, that is to say-25 (a) threatening workmen with discharge or dismjssal, if they join a trade union; (b) threafeninga lock-out or closure, if a trade union is organised; (c) granting wage increase to wor-kmen at crucial periods of 30 trade union organisation, with a view to undermining the efforts of the trade union at organisation 2 to dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say:-(a) an employer taking an active interest in organising a 35 trade union of his workmen; and (b) an employer showing partiality or granting favour to one of several trade unions attempting to or:ganise his workmen or to its members, where such a trade union is not a recognised trade union 3 to establish employer sponsored trade wuons of wdl'kmen 40 4 to encourage or discourage membership in any trade union by  discriminating against any workman, that is to say:-(a) discharging or punishing a workman, because he urged p~~r workmen to join or organise a trade union; (b) discharging or dismissing a workman for taking part in any strike (not being 'a strike which is deemed to be an illegal strike under tais act); (e) changing seniority rating of workmen because of trade 5 union activities; (d) refusing to promote workmen to higher posts on account of their trade union activities; (e) giving unmerited promotions to certain workmen with a view to creating discord amongst other worlonen, or to undermine the strength of their trade union; 10 (f) discharging office-bearers or active members of the trade union on account of their trade union activities 5 to discharge or dismiss workmen-(a) by way of victimisation; (b) not in good faith, but in the colourable exercise of the 15 employer's rights; (e) by falsely implicating a workman in a criminal case on false evidence or on concocted evidence; (d) for patently false reasons; (e) on untrue or trumped up allegations of absence without to leave; (f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry' or with undue haste; (g) for misconduct of a mipor or technical character, without having any regard to the nature pf the particular misconduct or 25 the past record or service of the workman, thereby leading to a disproportion'ate punishment 6 to abolish the work of a regular nature being done by workmen, 'and to give such iwork to contractors as a measure of breaking - strike 30 7 to transfer a workman mala fide from one place to another, under the guise of following management policy 8 to insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a pre-condition to allowing them to resume work 35 9 to show favouritism or partiality to one set of workers regardless of merit 10 to employ workmen as "badlis", ~suals or temporaries and to continue them as such fur years, with the object of depriving them of tb, ,tatus and privileges of }>eri¥l'l'elti worlanen <to 11 to discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute 12 to recruit workmen during a strike which is not an illegal strike " 5 13 failure to implement award, settlement or agreement 14 to indulge in acts of force or violence - 15 to refuse to bargain collectively, in good faith with the recognised trade unions 10 16 proposing or continuing a lock-out deemed to be illegal under this act' ii-on the part of workmen and trade unions of workmen 15 1 to advise or actively support or instigate any strike deemed to be illegal under this act 2 to coerce workmen in the exercise of their right to sejf-organisation or to join a trade union or refrain from joining any trade union that is to sa1-(a) for a trade union or its members to picketing in such a manner that non-striking workmen are physically debarred from entering the work places; 20 (b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against nonstriking workmen or against managerial staff 3 for 'a'recognised union to refuse to bargain collectively in good 25 faith with the employer 4 to indulge in coercive activities against certification of a bargaining representative 30 5 to stage, encourage or instigate such fol'tlls of coercive actions as wilful "go slow", squatting on the work premises after working hours or "gherao" of any of the members of the managertal or other staff 6 to stage demonstrations at the residences of the employers or tile managerial staff members 7 to incite or indulge in wilful dama,e to employer's property 35 connected with the industry 8 to indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work' %4 in section 6 of the sales promotion employees (conditions of ,0 ~e~vice) act, iv76, sub-section (z) shall be omitted amendmentol ad 11 of 19'78 the industrial disputes act, 1947, provides the machinery and pro cedure for the investigation and settlement of industrial disputes the provisions of the, act had been 'amended from time to time in the light of experience gained in its actual working, case laws and industrial ,relations policy of the governme'nt the national commission on labour (1969) which made an in-depth study of the industrial relations and procedures had identified a number of ai"e'as in which the act needed to be amended to promote industrial harmony the recommendations of the national commission on labour were discussed at various forums 2 the objectives of the bill are mainly to ensure speedier resolution of industrial d:isputes by removing procedural delays and to make certa~n other amendments in the light of some of the recommendations of the national commission on labour the bill seeks to make the following amendments in the act, namely:~, (i) difficulties have ar:isen in the interpretation of the definition of the expression "appropriate government" as contained in the act in respect of certain industrial establishments it is proposed to remove these difficulties by making the central government the appropriate government in respect of those establishments (ii) the supreme court in its decision in the bangalore water supply and sewerage board vs rajappa and others (air 1978 sc 548) had, while interpreting the definition of "industry" as contained in the act, observed that government might restructure this definition by suitable legislative measure!': it is accordingly proposed to redefine the term "industry" while doing so, it is proposed"to exclude from the scope of this exprer;sion, certain institutions like hospitals and dispensaries, educational, scientific, research or training institutes, institutions !,!ngaged in charitable, social and philanthropic services, etc, in view of the need to maintain in s,uch institutions an atmolllphere difterent from that in industrial and commercial undertakings and to meet the spedal needs of such 'organisatio'ns it is also proposed to exclude sovereign functions of government including activities relating to atomic energy, space and defence research from the purview of the term "industry" however,keeping in view the special characteristics of thr~!':e activities and the fact that their worlanen also need protection, j t is' proposed to have a separate law for the settlement of individual grievances as well as collective disputes in respect 'of the workmen of these instit~tions all these have been taken into account and the term "industry" has been made more specific while making the coverage wider the scope of the )term "workman" has ah;o been enlarged to cov~r the supervisory ~taff whose wages do not exceed rs 1,600 per month; (iii) a model grievances redressal procedure had b~ncom­j2\ended for adoption but this voluntary arrangement has not proved' effective it is, therefore, proposed to make it obligatory for every industrial establish:nent employing 100 or'more workmen to let up a time-bound grievance redressaprpcedure  , (iv) there has been dissatisf'action with delays involved in the adjudication of industrial dispute<; it is proposed to fix a time limit for the adjudication of individual and collective disputes, as also for the disposal of claims, applications and other references by the labour court,' the industrial tribunal or the national industrial tribunal with a view to securing speedier 'justice to workmen:' it has 'also been provided that no' case will lapse merely on account of the flct that the time limits specified had expir~d   (v) there have been conflicting ,decisions about the right of e" leg~l heirs of a workman in the event of the deatp of the latter pending proceedings before the authorities under the act provision is being made to make it clear that pending disputes will not abate in the event o'f the death of the workman (vi) it is observed that when labour coutts pass awards of reinstatement, these 'are often contested by an employer in the  supreme court and high courts, the delay in the implementation of the award causes hardship to the workmen concerned' it is, therefore, proposed to provide for payment of wages last drawn by the workmen' concerned, under certain conditions, from the date of the award till the case is finally decided in the supreme court or the high courts (vii) it is proposed to provide that workmen in mines could be laid-oft' for reasons of fire, flood, excess of inflammable gas or explosion without previous permission (viii) taking into consideration the observations of the supreme court in the excel wear case (air 1979 sc 25), it is proposed to recast the provisions relating to closure of industrial establishments as contained in the act to provide for the following, namely:-(a) the employer will have to apply to government to obta!ln permission f~r closure ninety days before the intended date of closure and a copy of such application will have to be served by him on the representatives of the workmen also; (b) on receipt of such application, government, after giving a reasonable opportunity of being heard to the applicant and the representatives of the workmen, and after taking into consideration the guidelines laid down in the provision, may grant or refuse to grant the permission asked for permission shall be deemed to have been granted if no order of the government granting or refusing to grant permission is communicated within the specified period; l~'i (c) the order of the government granting or refusing to grant permission is ~ing made final subject to a review by ~ government or a reference to the industrial tribunal; (d) where an undertaking is permitted to be closed down, thl:! workmen shall be entitled to closure compensation equivalent to fifteen days' average pay for every completed year of continuous service or part thereof in excess of six months (ix) the special provisions relating tolay-off, retrencjunat and closure as contained in chapter vb of the act apply at present to establishments employing 300 workmen or above with a view to extending this statutory protection to workmen of smaller eltab· "" lilhments also, it is proposed to reduce the existing employment limit trom 300 to 100  (x) there is at present no central law specifying unfair labour practices on the part of employers, workmen and the trade unions of employers and workmen and for imposing any penalty for resort-ing to such undesirable practices certain state laws as well as voluntary codel of discipline laid down by the indian labour conference specify certain practices as unfair labour practices the national commission on labour which examined this aspect in detail suggested a list of such unfair practices it is proposed to make suitable provision  in the act to specify certain practices as unfair labour practices on, the part of employers, workmen and trade unions and to provide for penalties for those indulging in such practices 3 the bill seeks to achieve the above objects and to provide for certain other consequential and clarificatory changes in the act new dblhi; bhagwat jha azad the 27th march, 1982  clause 7 of the bill, which seeks to insert a n~ chapter iib in the industrial disputes act, 1947, provides for the reference of certain individual disputes to grievance settlement authorities the newsectiod 9c included in this chapter provides for the setting up of a grievance settlement authority by the employer of an establishment empljyij1g one hundred or more workmen for the adjudication of individual disputes arising in such establishment such authority slrall be set up in accordance with the rules to be made under the act the manner in which individual disputes may be referred to such authorities, the procedure to be followed by such authorities in proceedings in relation to disputes referred to them and the period within which such proceedings may be completed will be provided for by rules made under the act 2 clause 14 of the bill proposes to substitute a nejw section for the existing section 25-0 in the act sub-section (1) of new section 25-0 requires the employer, who intends to close down the undertaking of an industrial establishment, to apply for prior permission to the appropriate government and a copy of such application shall also be served simultaneously on the representatives of the workmen in the manner prescribed by rules 3, clause 21 of the bill seeks to insert a new section 36-b in the act which empowers the appropriate government to exempt, by nottftcation in the oftlclal gazette, any industrial establilhment of undertajdnl or class of industrial establishments· or undertakings from all or any of the' provisions of the act, if it is satisfied that adequate provisions exfst for the investigation and settlement of industrial disputes in respect of workmen employed in such establishment or undertaking or class of establishments or undertakings 4 the matters in respect of which rules may be made of notifications may be issued under the above provisions are matters of detail or pr0-cedure the delegation of legislative power is thus nonnal in ebaraeta'  annexuiut !xtracts from the industrial disputes act, 194't(14 of 1947) - - - - - ! in this act, unless there is anything repugnant in the su~iect or "eontcxt,-(a) "appropriate government" means-"\ (i) in telation to any industrial dispute coneern1ng any industry carried on by or under the authority of the central government, or by -a railway company or concernlng any' such controlled industry "as may be specified in this behalf by the centr81 government or in relation to an industrial dispute concerning the i industrial finance corporation of india established under section 3 of the industrial finance corporation act, 1948, 15 of 1~8 or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948, or the 34 of llk1 "indian airlines" and "air-india" corporations established under mction 3 of the air corporations act, 1953, or the life insurance 27 of 1953 corporation of india established under section 3 of the life insurance corporation act, 1956, or the agricultural refinance 31 of 1~ corporation established under section 3 of the agricultural refinance corporation act, 1963, or the deposit insurance corpo-10 of 1983 ration established under section 3 of the deposit insurance corporation act, 1961, or the unit trust of india established under 47 of 1981 section 3 of the unit trust of india act, 1963, or the food cor-52 of 1983 poration of india estab1ished under section ,3, or a board of mamagement established for two or more contiguous states under section 16, of the food corporations act, 1964, or the banking 37 of 1984 service commission established under section 3 of the banking service colnmission act, 1975, or a regional rural bank 42 of 1975," " estbbl1shedundet section 3 of the regional rural banks act, 1976, or a banking or an insurance company, a mine, an oilfield, 21 ofj978 a cantonment board, or a major port, the central government, and - - - - (j) "industry" means any business, trade, undertaking, manufacture or cauing of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen; - - - - - (kkk) "lay~ff" (with its grammatical variations and cognate expressio~) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or t~e" break-down of machinery or for any other reason to give employment to a workman whose name is -borne on the muster rolls of his indulitrial establishment and who has not been retrenched _ explcmation-every workman whose name is i'bome on the muster rolls of the industrial establishment and who presents himself tor work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employ ment by the employer within two hours of hi$ so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause: ' provided that if the workman, instead of being given employ-11ent at t~e commencement of any shift for any day is asked to p1 sent himself for the purpose during the second half of the shift for t~ day and is given employment, then, he shall be deemed to havel oeen laid-off only for one-half of that day; , provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been " laid-o~ for the second half of the sljift for the day and shall be entitled to full basic wages and deamessauowance for that part of the day; ~j , , (l) "lock-out" means the closing of a place of employment, or the suspension of work, or the refusal by an employer to contidle to employ any number of persons employed by him; , , '" '" '" '" ' (rr) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fuifuled, be payable to a workinan in respect of his employment or of work done in such employment, and includes:- - -  - (s) "workman" means any person (tncludii1g an' apprentice), employed in any industry to do any skilled or unskilled ma~ual,' supervisory, technical or clerical 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 '8 consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the army act, 1950, or the air force  '"act, 15150, or the navy (discipline) act, 1934; or a of 1150 ~oflnt - afofl'" (ii) who is employed in the police service, or as an oftlc~ or other employee of a prison; or  (iii) who is employed mainly in a managerial or administrative capaeity; or  , (iv) who, being employ~ in a supervisory capacity, draws waees exceeding five hundred rupees per mensem or exercimi, either by the nature of the duties attached to the otbce or dy reason of the powers vested in him, functions mainly ot a managerial nature diimiual, etc,ot individual worlaun to be deemed to be 1ft industrial dispute 2a where any employer discharge~, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or di1ference between that worlanan and his employer connected with, or arising out of, 8uch discharge, dimislil, rretredchment or termination shall be deemed to be an industrial, dispute notwithstanding that no other worlbum nor 8y union of workmen is a party to the dispute - -  - - 1 (1) - - - - - labour courte (3) a person shall not be qualified for appointment as the presiding officer of a labour court, unless-' - - - - - (e) he:baa heid ~e ofti~' ~i ih~ ~ait or any other inem~,ot the ~ur ,,~a~ trib~ copstituted under the industrial df» ; putes (appella~ !tribudal) act, 1950, or of any tribunal, for a period of not less than two years; or - - - - - 1~ pt~e; ~propiate ,gov~ent 'ma'y'~ by  notitleation in}he tribunal8 ?1bcl~ ,p~~ ,co~tu~ one or 'more in~usttia1 tribunals for the ad-judication of bidustrial disputes relating to any matter, whether specifted in the second schedule or the third schedule - ! : ~ - - - - (3) a person shall not be iqualified for appointment as the preaidin« oftlcer of a tribunal unless-(4) he is, or has been, a judge of a high court; or (~,~: h118, 'for apetiqd ~f not l~ss than three years, been a district judge, or an addition81 district judge; or (b) he has held the office of the chairman or any other member of  the ,~l:joj:u'appe~te tribunal constituted under the industrial 48 of lho national tribunals dispu~~ (appellate tribunal) act, 1950, or of any tribunal, for a period of not less than two years - - - - - m (1) - - - - - (3), a person shall not be qualified for appointment as the presiding oftker 'of a national tribunal unless-, (a) he is, or has been, a judge of a high court; or ·r 1 tb) he,has held the office of the chairman or any other member of the labour" appellate tr,ibunal constituted under the indu,strial disputes (appellate tribunal) act, 1950, for a period of not less than ~8 of 1950 two years - - - - i" , noticeot ta no employer, who proposes to effect any change in·the conditions cbanle of servige" ~pp1n;~l;>le to ,any wor~ in respect of any matter specified in the fourth ~hedule, shall effect such change,-, ,  • , (a) witllout, giving to the workmen likely· to be afl'ected by such ,~qange ~not~ in the prescribed manner of the nature of the change proposed to be effected; or (b) wit~ twenty-one days of giving such notice: , ~  pro"idded that no notice shall be required for effecting any such ; dwtge-(a) where the change is effected in pursuance of any settlement, award or decision of the appellate tribunal constituted· under: the industrial disputes (appellate tribunal) act, 1950; or +8 ot 1950 - - - - - 10 j1) where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may, at any time, by order in writing,-reference otdisputes to boards, courte or tribunals (a) refer the dispute to a board for promoting a settlement thereof; or (b) refer any matter appearing to be connected with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with,' of relevant to, the dispute, if it relates to any ~tter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule to a tribunal for adjudication: provided that where the dispute relates to any matter specified in the third schedule and is not likely to aft'ect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropnate government shall,unless it considers that the notice has been frivolously or vexatiously giv:en or that it would be inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this act in respect ot the dispute may have commenced  - 11 (1)  -     procedure and powerot conei11ation omeara, boarcli, couda and trlbunala , & of 1908  - • (4) a conciliation officer may call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any award, or carrying out any other duty imposed on him under this act, and for the, aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, in respect of compelling the production of documents      - 15 where an industrial dispute has been referred to a labour court, tribunal or national tribunal for adjuci1cation, it shall hold its proceedings expeditiously and shall, as soon as it is practicable on the conclusion thereof, submit its award to the appropriate government dut1elot tibour ~ tribunals and natiodal tribunals    - - application ot chapter vb 25k(1) the provisions of this chapter shall apply to an industrial establ!ishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months  -  - -  prohibition ot 1ay-o~ 25m (1) no workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment to which this chapter appues shall be laid-off by his employer except with the previous permission of such authority as may be specified by the appropriate government by notillcatjon in the official gazette, unleu such lay-01l' is due to shortage of power or to natural calamity - '" '" - - - (3) in the case of every application for permission under sub~section (1) or sub-section (2), the authority to whom the application has been made may, after making such inquiry as he ~ fit, grant or refuse, tor reasons to be recorded in writing, the permi,ssion applied for (4) where an application for 'permission has been made under subsection (1) or su1>section (2) and the authority to whom the application is made does not communicate the permission or the retusal to grant the permission to the employer within a period of two mol\ths from the date on which the application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of two months (5) where no application for pennission under sub-section (1) is made, or where no application for permission under sub-section (2) has been made within the period specified therein, or where the permission for the lay-off or the continuance of the lay-off has been refused, such lay-oft shall be deemed to be illegal from the date on which the workmen have been laid-off and the workmen shall be entitled to all the benefits under any law for the time being in force as if they had not been laid-off  '" - - - ninety days' notice to be given 25-0 (1) an employer who intends to close down an undertaking o~ an industrial establishment to which this chapter applies shall serve, for previous approval at least ninety days before the date on which the mtended closure is to become effective, a notice, in the prescribed manner, on the appropriate government stating clearly the reasons for the intended closure of the undertaking:' ~f intentioi\ to close down any undertaking provided that nothing in this section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or tor other construction work - (2) on receipt of a notice under sub-section (1) the appropriate gov- ernment may, if it is satisfied that the reasons ,for the intended cloeure of the undertaking are not adequate andsufllcient or such closure is ,prejudicial to the public interest, by order, direct the employer not to close down such undertaking (3) where a notice has 'been served on the appropriate government by an employer under sub-section (1) ofsectmn 25ffa and the period ot notice has not expired at the commencement of the industrial diapuu (amendment) act, 1976, such employer shall not close down the under-u of 197  taking but shall, wi thin a period of fifteen days from such oomdlencement, apply to the appropriate government for permission to close down the undertaking j ~t (4) where an application for permission has been made under sub-, 'section (3) and the appropriate government does not' communicate the pennission or the refusal to grant the permission to the employer wit1:lin a period of two months from the date on 'vhich the applicatioh is made, the permission applied for shall· be deemed to have been granted on the expiration of the said period of two months  (5) where no application for permission under sub-section (1) is made, or where no application for permission under sub-section (3) is made within the period specified therein or where the permission for closure has been· refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him, (6) notwithstanding anything contained in ilub-section (1) and subsection (3), the appropriate government may, if it is satisfied that owing· to such exceptional circumstances as accident in the undertakin~ or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) or sub-section (3) shall not apply !in relation to such undertaking for such period as may be specified in the order (7) where an undertaking is approved or permitted to be closed down under sub-section (1) or sub-section (4), every workman in the said undertaking who has been in continuous service for not less than one year in that undertaking immediately before the date of application for permission under this section shall be entitled to notice and compensation as specified in section 25n as if the said workman had been rectenched under that section    25r (1)    penalty for closure (2) any employer, who contravenes a direction given under subsection (2) of section 25-0 or section 25p, shall be punishable with imprilonment for a tenn which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contraveption is ~ continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction (3) any employer who contravenes the provisions of sub-section (3) of section 25-0 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 - - - - - 33 (1) - - - - -  (5) where an employer makes an application to a conciliation officer, board, an arbitrator, a labour court, tribunal or national'tribunal under the proviso to sub-sectioll (2) for approval of the action taken by him, the authority concerned shall~ without delay, hear such application and pass, as expeditiously as possible, such order in relation thereto as it deems fit conditions of service,  etc, to remain unchanged under  certain circumstances during pendency of pro-,,'n  33a where an employer contravenes the provisions of section sa during the pendency of proceedings before a labour court; tribunal or national tribunal, any emp1oyee aggrieved by such contravention, may make a complaint in writing, in the prescribed manner to· such labour court, tribunal or national tribunal and on receipt of such complaint that labour court, tribunal or national tribunal shall adjudicate upon the complaint as if it were :a dispute referred to or pending before it, in accordance with the provisions of this act and shall submit its award to the appropriate government and the provisions of this act shall apply accordingly |     ||--------||     ||     |special provialol1 for adjudication as to whether conditions ofaerv1ce, etc, cbanpd durlng pendency of pro~ ceedinp aac (1)      recovery of money due from an employer  , ~ (2) where any workman is entitled to receive from the ~mployer any money or any benefit which is capable of being computed in· tenns of money and if any question arises as to the aluountof money due or as to the amount at which such benefit sh~u1d be computed, then the question may, subject to any rules that may· be made under this act, b, decided by such labour court as may be specified in this behalf by the appropriate government  - - - - 34 (1) - - - -  cocni~ zadceof offences (2) no court inferior to that of '8 presidency magistrate ora magistrate of the flrstctass shall try any offence punishable under this act  - - - - 38 (1) - -    power to make :ruliel (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- - -   (aaa) the appointment of assessors in proceedings under this actj   - -  extract from the sales promotion employees (conditions of sdmci:) act, 1976(11 of 1976)  -   - 6 (1) -  - - •• 14 of 19-47 (2) the provisions of the industrial disputesact, 1947, as in force for the time" -being, shall apply to, or in relation to, sales promotion employees application - of certain acts to pies promotion em-ployees 11s they apply to, or ill relation to, workmen within the meaning oil that act and for the purposes of any proceeding under that aet lin relation to an industrial dispute, a sales promotion employee shall be deemed to, ~clude a sales promotion employee who has been dismissed, dikhargad or ~ trenched in connection with, or as a consequence of, that dispute or whose dismissal, discharge or retrenclunent had led to that dispute - - - ~ - - , (  billfurther to amend the industrial disputes act, 1947 (shri bhagwat jha azad, min~er of state of the ministry of labour) 