 arrangement of clauses chapter i preliminary clausfb1 short title, extent and commencement 2 definitions  chapter ii authoriti&<; under the act3 labour commissioners 4 conciliation offtcers 5 registrar of trade unions 6 powers of superviskn of the chief labour commissioner and state labour commissioner 7 atbitrator 8 courts of inquiry ' 9 labour courts  10 industrial tribunals 11 national industrial relations commissions 12 filling of vacancies 13 terms and conditions of service of preswing ofrcers of labour court, etc 14 finality of orders appointing pres~4ingqfticers of lfbour courts tribunals and national commissions and chairman and members of courts of inquiry 15 labour court, etc, to be deemed to be a civil court 16 conciliation oftlcers, etc  to be deemed to be publtc 9m'vants  ohapter iii trade untons17 definition of "employee" ann "empoyler" for the purpnse"f! 0' this chapter ] 8 formation of trade unions 19 applic8tion for registi"ation 20 prohibition of registration of craft or category-wise trade union 21 power 1'0 call for further particulars and to require ajtertion of name 22 constitution of executive and provij;ions to be containeod, in th~ rules of a trade union,  clauses23 registration of trade union , ' 2'~ certificate qf registration '25 he~ 'r';iis"triuonof trade unions registered under act 16 of 19:1('i 26 cancellation of registration 27 appeal against non-registration and cancellation of registration 28 re-registration of a trade union  29 registered office 30 membership fee and its mode of collection 31 incorporation of registered trade unions 32 certain acts not to apply to registered trade unions 33 di'squalifications for being office-bearer of trade unions 34 proportion of office-bearers to be connected with the industry 35 declaration of assets by office-bearers 36 change of name 37 amalgamation of trade unions 38 notice of change of name or amalgamation 39 effects of change of name and amalgamation 40 dissolution 41 returns 42 speclal provisions in regard to trade union of employers 43 adjudicauon of trade union disputes 44 objects on which general funds may be spent 45 constitution of a separate fund for political purposes 46 right to inspect books of trade unions 47 trade union of employers may enter into settlement with ne!!otiating agent 48 enforceability of agreements 49 immunity from civil suit in certain cases 50 discrimination against members of registered trade union of em ployees prohibited - 51 office-bearers or members of registered trade unions not liable for criminal conspiracy in certain cases  chapter iv neg(yj'iating acen't52 sole and chief negotiating agents associate union and local ,!nion 53 qualifications for takin, part in the determinatio~ of support ot a trade union of employees or for voting in electiqn to choose negotiating committee clauses 54 application for certification of registered trade union is 'mjo-tiattng agent  55 parttculars which an application for certiflcation as negotiating agent or local union shall contain 56 bar against application by registered trade union of employees for certification as negotiating agent, associate union or local union in certain cases 57 reference of application to tribunal for certification of negotiating agent or loeal union 58 manner of detennining support for registered trade union of employees for certifying negotiating agent, associate union or local union 59 procedure for enquiry by tribunal 60 ce~ification of registered trade union of employees as negotiating agent, associate union or local union 61 negotiating committee 62 entering particulars of certification in register and communication of certification of negotiating agent, associate union or local union 63 copies of certificate to be forwarded to employers concerned 64 term for which certification of negotiating agent shall be valid and cancellation of certification 65 entry in register of cancellation of certification 66 employer bound to recognise negotiating agent, associate union and local union 67 rights of negotiating agent 68 rights of associate unions 69 rights of local union 70 rights of other registered trade unions of employees 71 protection of conditions of service of office-bearers of registered trade union of employees certified as negotiating agent, associate union or local union and chairman and members of negotiating committee chapter v  standing orders72 application of chapter 73 making of standing orders 74 interpretation, etc, of standing orders 75 time limit for completion of di&eiplinary proceedi'ngs and liability to pay subsistence allowance 76 laying of standin'g order before the houses of parliament  chapter vi procedure for change in terms of employment and condmons of labourand regulation of conditions of employml!:nt by go'vl!:immi:nt 77 notice of change of terms of employment and conditions of labour  cim178 terms of employment, elc, to remain uiloalulpci wader certaid circumataaces 79 regulation of conditions of employment by government  chapter vn   lay-of)', rli:tunc:hment and coosuu88 diidi- of cciiltiduoui  vice 81 rights of employee laid-off tor compedation and duty of employer ,to maintain muster rolls of employees notwithstand· inc lay-01f 82 prohibition of lay~1f in certain circumstancea 83 conditions precedent for re~ncbmeni of employees 84 procedure for retrenohment - 85 reemployment -of retrenched 'employee 86 computation of the lay-off and retrenchment compensation 87 compensation to employees in case of transfer of industrial estalillshment or undertaking 88 conditions precedent to closure ot any industrial establishment or undertaking 89 special provision as to restarting of industrial establishment or undertaking closed down before commencement of the act  chapter viii strikes and lock-outs90 prohibition of strikes and lock-outs 91 power to prohibit continuance of strike or lock-out 92 illegal strikes and lock-outs 93 consequences of' illegal strike or loet-out 94 strike or locsout 'not to terminate -relationship between employer and employee 95 prohibition of ftnattcial aid to illegal strikes and lock-outs·  chapter ix96 parties to an industr;al dispute-interpretation of the expression in certain cases 97 bipartite negotiations 98 codciliation of dilpute 99 conciliation officer may assist in bipartite negotiations 100 arbitration of disputes 101 ref~rence of industrial dispute for adjudication when agreed to by parties ' r, 102 beierence of aay matter to a court of·inquiry for investigation 103 procedure for settlement of individual disputes 104 reference of industrial dispute for adjudication  clauses105 applicability of proviaioni to industrial disputes raised by local unions 106 settlement ot industrial dispute between employees and employees and employers and employers  chaprer x unnd pucricb107 prohibition of unfair practice 108 procedure on complaints relating to unfair practices 109 persons on whom the order under sub-sections (6) and (8) of section 108 shall be binding  chapter xl procedure, i'owii:bs and duribs of authorltll'b110 adjudicating author~ties to determine their procedure subject to the provisions of the act and the rules 111 power to summon witnesses, to inspect premises, etc 112 power of labour court, etc, to proceed in absence of parties to dispute 113 appointment of assessors to assist court of inquiry, etc 114 power to grant interim reliefs 115 power to transfer proceedings  116 power of labour court to give proper relief in case or discharge or dismissal of employees 117 form of report of court of inquiry and its publication 118 pronouncement of award by arbitrator, labour court, etc 119 time limit for submission of report,making of award, etc 120 date on which award becomes enforceable 121 persons on whom awards are binding 122 period of operation of award 123 review of award by labour court, tribunal or national commission and correction of mistakes 124 award of costs 125 execution of settlement or· award by labour court, etc 128 procedure for recovery of ii10ney due under aettlemeat or award, etc 127 employ~e entitled to wages, etc, though award for reinstatement is not cgmpolied with 128 commencement and conelusion of proeeedlngs, etc 129 no demand in regard to same matter to be raised so long as settlement or award is in foree  chapter xii pj!:nal'lds clauses130 penalty for failure to submit statement, making false statement, etc 131 supplying false information regarding trade union 132 penalty for failure to recognise negotiating agentt, etc 133 penalty lor disclosure of confiden1ial information 134 penalties for breach of standing orders 13r penalty for lay-otf, retrenchment, etc, in contravention of provisions of the act 136 penalty for closure of industrial establishment or undertaking in contravention of provisions of section 88 137 penalty for illegal strikes and lock-outs 138 penalty for instigation, etc, 139 penalty for giving financial aid to illegal strike or lock-out 140 penalty for breach of settlement or award, etc 141 penalty for committing unfair practice 142 penalty for wrongful withholding of information 143 penalty for removal, etc, of notice affixed or displayed in pursuance of this act 144 penalty for other oft'ences 145 cognizance of offences and courts which may take cognizance of offence  chapter xiii exu4nions and modlflcatlons146 act not to apply to certain industries 147 exemption from certain prcvisjons 148 power of government to exempt 149 modification of provisions of chapters iv, ix and xii in their application to certain industrial establishments or undertakings  chapter xlv miscellaneous150 offence by trade union, company, etc 151 power to remove difficulties in the interpretation of settlement or award 152 certain matters to be kept confidential 153 publication, affixation and defacement of notice 154 power to re=lujre production of books, etc 155 protection of action taken under the act and protection of persons  clauses156 representation of parties 157 power to amend schedules 153 delegation of powers 159 power to make rules 160 laying of rules bef~e state legislature and houses of parliament 161 repeal and saving 162 provision regarding pending proceedings for adjudication of in dustri!l] disputes to which this act does not apply 163 transitional provirion 164 repeal of state laws and savings 165 overriding effect of the act 166 power to remove difficulties 167 amendment of act 11 of 1976 the first schedule-essen'l'ial smtvices the second schedule-ma'ri'ers within the jurisdiction of labour courts the third schedule-·mattfrs wrnnn the jurisdiction of' industrial tribunals the fourth schedule-unfalft practices " , a biilli to c:omolidate a7)d,amend the law ~lating to therffg~tration of trade unions of e~es a7ld emplquerb,~he tights and liabilities of registered trade unions and settlement of trade union disputes, the cwditiont of empw,rnent c1/ emplo1lees, and, the, ,iflovestigationand li8~'inc1at,of 4tes between employees emplqyl1,d  itt industrial ,  tbub~nts or undertqkings an4 their e"t-pjo1/erb and for matters connected therewith or inctdental thereto,' with a view to promoting iwalthy industrial relations leading to accelerated economic develop-tiiiert~ """ aocigl jjujtice be it enacted by parliament in the'twenty-ninth year of the republic of india as follows:-ii i ~,i  pu'limlnarys ii: (1) 1'i'bis att may be called the: industrial relatioiu; act, 1978 (2) it extends to ~he whole of inqia ,; ,41) ,it shall come into force on such date as the central government may, by notification, appoint am different dates may be appointed for short title, extent and com mence_ jnent dlfterent provisions of this act and for different states and any referene~ in any such provision to the commencement of this act shall, in relation to any state, means the date on whicr that provision comes into force in such state: provided that where any provision of this act has not been brought 5 into force in any state before the expiry of a period of three years from the date on which this act receives th,! assent of the president, such provision shall come into force in such state on the date on which the aforesaid period of three years expires z in this act, unless the context otherwise requires,-10 deftnitiona (1) "appropriate government" means,-(i) in relation to, or in relauon to any industrial dispute concerning,-(a) any establishment wherein any industry is carried on by or under the authority of the central government or is a railway administration or any undertaking of such establishment; (b) any establishment wherein is carried on, such controlled industry as may be specified in this behalf by the central government, by notification, or any undertaking of 20 such establishment; (c) any banking company, insurance company or other financial institutdon (not being a financial instltution carrying on the business of conducting chit funds only), having branches or oftices in more than one state; 2s (d) any body corporate operating any social security echeme or service in more than one state; (e) any corporation which is owned by, or is udder the control of, the central government add which carries on the business of purchase, procurement, storage, supply or matri- 30 button of food grains; (j) any mine or oilfield, ir eluding bily pipelide for carrying oil or other mineral;  ~ (g) any establishment of, or wherein is carried on, the business of carriage of passengers or goods by air 01' any 3s undertaking of such establisbment; "l ~ (h) any, major port as deftded in the indian ports act, 1908 or the board of trustees of such port constituted under 15 of 1908  section 3 of the major port trusts act, 1963, any dock, or any 38 of 1963 dock labour board established under section 5a of the dock 40 workers (regulation of employment) act, 18m; 8 of una 15 of 1948 34 of 1948 s 46 of 1948 19 of 1952 io 27 of 19'53 31 of 1956 is 47 of' 1961 10'of 1963 52 of 1963 20 37 of 1964 43 of 1971 2s 57 of 1972 31 of 1976 30 (i) the industrial finance corporation of india established under section 3 of the industrial finance corporation act, 1948, the employees' state insur~ corporation established under section 3 of the employees' state insurance act, 1948, the board of trustees constituted under section sa of the coal mines provident fund and miscellaneous provisions act, 1948, the central board of trustees and the state board of trustees constituted under section sa and section !;b, respectively, of the employees provident funds and miscellaneous provisions act, 1952, the "indian airlines" and "air-india international" corpprations established under section 3 of the air corporations act, 1953, the life insurance corporation cjf india established under section 3 of the life insurance corporation act, 1956, the deposit insurance corporation established under section 3 of the deposit insurance corporation act 1961, the agricultural refinance corporation established under section 3 of the agricultural refinance corporation act, 1963, the unit trust of india established under section 3 of the unit trust of india act, 1963, the food corporation of india established under section 6, or a board of management established for two or more contiguous states under section 16, of the food corporations act, 1964, the international airports authority of india constituted under section 3 of the international airports authority act, 1971, the general insurance corporation of india formed under section 9 of the general insurance business (nationalisation) act, 1972, a regional rural bank established under section 3 of the regional rural banks act, 1976, the export credit and guarantee corporation limited and the industrial reconstruction corporation of india limited; or 2 of 1924 u> a cantonment board constituted under section 10 of the cantonments act, 19m, the central government; and (ii) in relation to, or in relation to any industrial dispute 3s concerning, any other industrial establishment or unaertaking, the state government: provided that wh ere there is any dispute or doubt as to whether the cen11ral government or the state government is the appropriate government in relation to, or in relation to any indus-40 trial dispute concerning, any industrial establishment or undertaking, the central government, eith~r on a reference made to it by the parties to the dispute or by the state government concerned or on its own motion, may if it is of the opinion that the dispute or doubt-4s (i) relates to an industrial establishment wherein one or more of the industries referred to in sub-clauses (i) ca) to (ii) (g) (botl) inclusive) and any other industry or industries are carried on; or (ii)  fs whether any industry carried on in any establisbment is' catri~ti' on by, or under the authority of, the central govern~ent; ~ after jiving ~ parti~ concerned a l'eabonable opportunity - i of being heard, declare, by notification, whether the central s government or ~ state government is the appropriate govern-i,' ment in relation to, or in relation to any indus~l dispute con-~eming,:that industrilil establishment or, ~y, undertaking of that industrial establishment and such ~clarauon shall be final; ,i" (2) 'ia~~itrator~' means an arbitrator or bo~y of arbitrators 10 ehose~ by the p~rties to a dispute under sub-sectidn (1) of section ,f,?a"8j?p?il1~d'!~yith~c,en~~al g?;~e~ent \1ll,der sub~ection (2) of tlj1it sectioq and includes the umpll'e of a body of arbttratnrs; , '  ~ : ""';:1 (3) ':8noci~te union" ~eans a registered trade union of emplor certified as an associate union under sub-section (2) of section is ,  ""(4) i'average pay" means the average of the wages (including p~~~ fate earlrlngs) payable to an employee--, (a) ,in~~ case ,of a monthly ~aid employee ~d piece rated emplbyee, tit the three cotnplete calendar months; 20 (b) itt th~ ~ by a vi'eeldy phd empm~, in the four complete weeks;  (c) rin the case of a dan;"' paid employee, iii the twelve full' working days, pr~'n~ the date with reference to which the average, pay becomes 25 ptbyable if the employee had wotked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such average cannot be calculated as aforesaid, the average of the wages payable to the employee during th~ , pleriod' he actllauy worked;  30 ,  (5) "award" means an interim or ftnlll deterinfnatton of a'y individual dispute industrial dispute or trade union dispute or any ,q\l~tion rela~1ng thereto by any arbitrator, labour court, tribunal or na~ional commtssion; 10 of 1941 2 f1f 1934 23 of 1955 38 of 1959 18 of 1964 5 of 1970 (6) "bank,in~ company" means a banking company as defined in " section 5 of the banking regulation act, 194'9, and include8 the ~~rve bank of lrujia constit~~d under sect19n 3 of ~h~ reserve ,~k of india act" 1934, the state bank of lndta constituted under section 3 of the state bank of india act, 1955) ij,ny subsldi~ bank as defined in clause (k) of section 2 of the state 13ank of india (subsi- 40 ~~  banks) act, 1959, the iqdustrial development bank of india establlahed under section 3 of the industrial development bank of in~a ~ct, 1964 and  a coltesponding new bank oonstituted under section 3 of the banldng companies (acquisition and transfer of undertakings) act, 1970; 4s ('1) "closur~" metms' the pe'l'manflnt (!tosing' c:tbwft of ~;tace bf ernploymeft t or 'pan thereof: ' " " 1 'i'  '' (8) "controlled industry" means any industry the control of w\lkll by tha:union is declaredby ~31igentralac~ ~ be "tuent in the public interest; i '!"" 5 , ; i(p~ ,~~~~pl~yeei" excep,t (6;' tlie putpo~ o,nbii~pt~im:,meanl ,any person, (including an apprentfce) employed in y ~, ; fof hire o~ r~ward, to do any manjjs1; unsldi1edl, skfllecf, ~1ituca1, 10 oper~iio~~i, clerical or supervis<?ry' work or w~~ ,'is, '~~~~y,~ to do any work relating to promotlon of sales or any woi'~i e~ting to any profession or any kind of entertain'ment or recreation, whether the terms of employment be express or implied, and is ~r the· purpose of atly praceeding' _der tn, mai'iil ti'-tion to an individual dispute or industrial dispute (and for no other pur- pose), includesady such pe11i&n who haa been di8lntssed, dischareea or retrenebed in connectiod with or a8 a eonmcljlence of that dispute, or whose dismiasal" dischar&e or fetleae1:aent hu led to that dispute, but doee ,not iml-wie any 8uell· jii!i'ifoii--(a) who js subject to the air force act, 1950  ar tlie army i(ci, 1~ or ~e;navf a~' 19&'1: 01'1 ' i ~ " '' ; 45 of 1950 46 of 1950 20 62 of 1957 (b) who is employed in the police service or is an oftlcer or other' employee or' a prison, or is an officer or m~ber o~, the railway protection force constituted tinder seetfo!i 30t the railway protection force act, 1957, or the border security force 'ebnstituted under section 4 'of tlie' border seeurl~ ~ act, 23 of 1957 25 47 of 1968 < ' 1968, or the central industrial seturttt "01'1!11 mftitf~ uftder section 3 of the central industrial si!fol!l~ "bl1!8~t  l"; or do of 1968 (~) who, 'hfhg emp~ in a supervtlrm1 apael\t, drawl wages e~eeding one thousaftttrupees per merimr, (it , i, 30 44 of 1958 ' ti (d) who is' employect or e1l~rt!d as a nmtat\·ifi'  fn clause (42) of section 3' of the ~hnt 8iidflipblg' aet~ ,1_ or ,i (e) who is employed mainly in a managerial or administrative capacity ,  ,!  explam1:ioft~for the purposes of thiscla~~, a person' !~~ri be 3s deemed to be employed in a managerial or administrative cat';8":'fty, i:n ~l"tipn to any industrial estllblishdlent "" '~~ it( he has beel) !empowered to employ, promote, demot ortel'm-, the services of any employee tn such industrial establishment or udder-1aldai or to change the wages of any such employee or to suspend or dismiss or impose any other punishment od any such em~oyee, or is entitled to take part in policy making process of such industrial establishment or undertaking; ,,, i" , :' i : '' (10) employees of a local unit" means the employees employed 5 in any local unit; (11) "emploje81 of a negotiating unit" means the employees /'1 t emp~oyed, in an, ,~dustrial ,establishment or undertaking ~r two or mole industrial establishments or undertakings or any urut, branch or oftlce or two or more units, branclies or oftlces of the same tndul- 10 '~ial t8blishment or undertaking, as the case may be, constituting a ~t1ating unit; -i ,  ,i t(12) ''employer'' , except for the j¥1rposes of chapter iii, means-(a) in relation to any industrial establishment or undertaking managed by, or on behalf of, a department of the central or a 15 state government, the authority prescribed in that behalf by the government concerned and where no authority is prescribed the head of the'department; (b) in relation to any industrial establishment or undertaking managed by, or on behalf of, a local authonty the chief 20 executive officer of that local authority; ,  ", i (13) ~~essential service" means any industry, or part of an indus-,\ ': t,ry specified in the first schedule; 'i i· - (14~ "executive", in relation to a trade union, means the body    ~ "by ""tever name eared, to which the management of the affairs of 25 ,', _de, \jiliod is entrua~; ~ (15) '~indi~ual dispute" means any dispute or difference between an employer and !lily of his employees in relation to, or arising from, the transfer or promotion of, or the refusal or failure to promote, such employee or the termination of his employment or any 0 limylhment (including dixharge or dismil88l) imposed on such em- 3 ; ployee iud ilhiudat any dilipute' 'or difference as to the money due to such employee from the employer or as to the amount at which a benefit, which is capable of being computed in terms of money, is to be computed , , ezplanation-a dispute of the nature referred to in this clause ,hall not cease to be an individual dispute merely because any other " ~~pl~~e~ or employees are interested in that dispute; , '0' i fl6) -tndustrbil dispute" means any dispute or difference between ; emplgyers and emplorees, or between employers and employers, or 11'-: fjetweeb employees and employees wbldi itt ~otmeeted with the employment or non-employment or the terms of employment or con· ditiodi of labour, of any person, but does not 1nclude an individual dlspute or trade union dispute; , ,ill, , 5 (17) "industry" means any sy,tematic -ctbrtty, ~ on by co-operation between an employer and his employees (whether luch employees are employed by such employer directly or by or through any agency including a contractor) for the producmon,' supply or distribution of goods or aervices with a view to satisfy hdlan wanta 10 or wishes (not beiag wants or wiabes which are merel,,~iritual or religious in nature), whether or ~, • 1 j" ) (a) any capital has been invested for the~e of carry· ing on such activity; or ' '''; " , i (b) such activity is carried on with a motive to make any gain or pil'oftt;  15 9 of 1948 - ,i! ' and includes any activity of the doek labour boai:d co~tituted under section 5a of the dock workers (regulaijon of ~qwnent) act ilm8 but does not include-(i) any domestic service; or 20 (ii) save for the purposes of chapter iii any agricultural operation, except where such agricultural operation is carried on in an integrated manner with any other industry such other industry being the predominant one: " , provided that--(a) any activity, being a profession practised by ny individual or body of individuals; or ,! (b) any activity carried on by a club or eo--operativ8;lociety or any other like body of individuals, 'i' 30 shall not be deemed to be an industry unless not ,less ~ ten per· scilla are employed, by the individual or ~y 'of indi~d~ls as the case may be, practising the profession, or' by the club or cooperative society or such other like body of iriaividu~js, inj,lauon to sueh profession or activity 3s ezpl4nat1on i-any activity of the government relatable to the primary functiods of tbe' governmetjt'lihall not '~ 4e£imed to be an industry explanation 2-wbere several such activities are c~ied on tn an, establisbqlent or undertaking and only om' or some of such activities is or are an industry or industries or oqly lqffie of th ";;; " 1,  (~) if ~y unit'c~rryi~'o,q ,~~~ivii~ ~,~ ;tq~us~ry, is severable from the other unit or units of such estabhsh-- ment or undertaking such unit shall be deemed to be an :indus-5 ,,1"'- ibjid edawllltmebtor'uddertakidg; \ , ) (b»)i ,,¥ sueb julit if dot iiqliowelllble, the ~minant i'; ;n"iqf ,'¥ acti~ijes to!' ,the jdtegrt8li nature oi the establish- t oj' wlderwung ehall be, taken mto ·account ,in ,determining , 'i jwl\«ttbftr ,1m ~ule eltlblishment or whiertajqng is an indus-, 10 trial establishment or ulldertaking;  (18) ~'ins\france, co~p~y" means 4ulinsur~ce company as dediiect ifn' ~lause (8) of section '2 of the insurance act, 1938; 4 of 1938 (19) "khadi" has the meaning assigned to it by clause (d) of __ nll·of ,the loiadi uad l\ill1age lncius1i1ies com~ion act, 1956; 15 61 of 1956 (20) "lay-off" (with its grammatical vat'iations and cognate expressions) means the failure, refusal or inability of an employer " : on atcoiwrt of dlortage df coal, power or raw materials' or the accumulltlon; of' '81:deb or' the' brerik-dowt'l of machinery, natum calamity 01' for any other reason beyond his ~ntrol, to give'elnptbymertt to an 20 employee whose name is borne on the' muster rolls of his industrial establishment or undertaking and who has not been retrenched ; ~, ,  e~ l~evuy' employee whose nanuf is borne on the muatermlls of ithe indultnal, estabuahmedt  or ,undertakidg and who presents himself for work at such  establishment or :ullidertaking at 25 the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid~ of! fpr ·thft,qywitbin t4e ,zpe~did,g of t!us,cd_: j provided that if the employee instead' o[ being given e~ploymellt 30 at the commencement of any shift for any day is asked to present ': ,~lf'" (tilepllqlofia (ltuling tdesecoild half,of the shift for the day and is given empkjymentj;ttlen, he'lhall de'deeme6·t() have been laid-off only for one-half of that day: ,j:, pr~vided fri,er' ~ t~t if ,lle is, not ,gi~en any "uch, ,e~loyment 3~ - t( ey,n 8lt~ so p~n~)~~se;lf, be snau not be d~d "to have  ,)~ r~ laid~fr:~pr ,the sefond ,~f of the sh11t jor ,tj,l~ d~i~,~all be ~dtied to full basic wages and deanleas ~owanceawx;'f~t,part of the clay y', 1:~' ~wja,r~,any uebejnploy~e 85 ,is ~ to in the 40 '~~~_j~lgtved, erqploymeat !when be~ta/himself ill the manner provided therein, he shall not be laidoie if 01'1 ,that day; (21) "local ~t" m,eans each of-, " i , • (4) tin two or ·more 'industrial etrtabliibments' or uddertakidgs; lor (b) the two or more units, branches or offices of the same industrial establishment or undertaking, which have been constituted as a negotiating unit under the provisos to clause (26); s (22) "lock-out" means the temporary closing of a place of employment or the suspension of work, or the refusal by an e~ployer to continue to employ any number of persons employed'"by him; (23) "mine" means a mine as defined in clause (;) of sub-eection (1) of section 2 of the mines act, 195~; 35 of 19&2 10 (24) "national commission" means a national i~dustrial relations commission constituted under section 11; is (25) "negotiating agent" means a registered trade union of employees certified as sole negotiating agent or chief negotiating agent under sub-section (1) of section 60, or a negotiating committee certified as sole negotiating agent under sub-section (7) of section 61; (26) "negotiating unit" means an industrial establishment or undertaking or, where the industrial establishment cit undertaldng has more than one unit, branch or office, situated in different places, each such unit, branch or office: 20 provided that the appropriate government may, having regard to the development of trade unionisation, structure of the industrial establishments or undertakings concerned or the nature of any industry and other relevant factors, and ,wherever necesslujt, after consultation with the employers concerned and the registered trade union or trade unions of employees carrying on its or their activities for the benefit of the employees employed in the concerned industrial establishments or undertakings, of units, branches or offices of the same industrial establishment or undertaking, by notification, direct that-(4) all establishments wherein any industry specified in such notification is carried on, or all undertakings of such industrial establishments, situated in the area specified therein, or (b) all the units, branches or offices of the same industrial establishment or undertaking situated in different places, 35 shall be deemed to be one negotiating unit for the purposes of this act: 40 provided further that where the industrial establishments or undertakings or, as the case may be, the units, branches or oftlces of the same industrial establishment qif undertaking proposed to be constituted as a negotiating unit are situated in more than one state the powers of the appropriate government· under the precedln, proviso shall be exercisej only by the central government and dot by a state government; (27) "notification" means a notification published in the omclat gazette; (28) ''office-bemer'', in relation to a trade union, includes any 5 member of the executive thereof, but does not include an auditor; (29) "prescribed" means prescribed by rules made under this act; (30) "registered trade union" means a trade union registered under this act; 10 (31) "registrar" means-(a) a registrar of trade unions appointed under section 15; and --(b) in relation to any trade union, the registrar for the state in which the registered office of the trade union is situated; is (32) "retrenchment" means the termination by the employer of the service of an employee for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not inelude---(a) voluntary retirement of the employee; or 20 (b) retirement of the employee on reaching the age of superannuation if the contract of employment between the employer and the employee concerned contains a stipulation in that behalf; or (c) termination of the service of an employee on the ground 30 of continued ill-health: provided that such termination is made after the employee bas faued to attend to his duties as such employee on account of ill-health continuously for a period of not less than two years; (33) "sole negotiating agent" means a registered 'trade union of 35 employees or a negotiating committee certified as sole negotiating agent under sub-section (1) of section 60 or sub-section (7) of !lection 81, as the case may be; (34) "strike" means total or partial cessation of work bv a body of persons employed in any industrial es·ablishment or undertaking 40 acting in combination, or il concerted refusal, or a refusal under a common understanding of any number of person" who are or hll~ been so employed to continue to work or accept work or employment; (35) "terms of employment or conditions of labour" includes-: (a) any matter specified dn the second schedule or specified 4:s in or under the third schedule; (b) contribution paid or payable by the employer to any provident fund or pension fund or for the benefit of the empioyeps under any law for the time being in foree; and 5 (c) any increase or reduction (other than casual) in the dumber of persons employed or to be employed in any occupation or process or department or shift, not occasioned by circu,m, stances over which the employer has no control; (36) "trade union" means any combination, whether temporary or pennanent, formed primarily for the purpose of regulating relatiuna between employees and employers or between employees and employees or between employers and employers· and includes any association of two or more trade unions; (37) "trade union dispute" means any dispute-10 (a) ~ween a trade union and another trade union; or (b) between a member or two oil" more members of a trade union and the trade union, or between tw() or more membera o~ a trade union, relating to registration, certification, administration is oil" management of the affairs of that trade union, including election of office-bearers thereof; (38) "tribunal" means an industrial tribunal estab1lished under section 10; (39) "unfair practice" means any of the practices 9pecif\ed in the fourth schedule; 20 (40) "village industries" has the meaning assigned to it by clause (h) of section 2 of the khadi and village industries commission act, 1956; 61 of 1956 (41) "wages" means all remuneration capable of being expressed in tenns of money, which would, if the terms of employment, ex· press or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes--(a) such ajlowan('es (including dearness allowances) as the employee is for the time being entitled 'to; (b) the vaiue of any house accommodation, or of supply of lligbt, water, medical attendance or other amenity or of any service or of any concessional supply of food grains or other articles; (c) any travelling concession; but does not include-3s (i) any bonus; (ii) any contribution paid or payable by the employer to any pension fund, provident fund or life insurance fund or for the benefit of the employee under any law for the time being in force; or 40 (iii) any gratuity payable on the termination oi his lervice  chapter u authorities undicr the aj:r3 (1) the centhl government may, bylloti&cation, appoint a pet'ioil labour as the chief labour coiilmilsioder who liball exercise bach pgwen ad commll4 "s perform such duties, throughout india as are collferre4 oil ~iid by or sioner • under this ad or as the celltral government may, by notification apecify from time to time (2) the central govenuaedt may, by notiftcatk»d, appoint such nudl, bel of penoua as it thinks fit to be joiat chw labour commieeiodms, deputy chief laboar commrksioners, kegioaa1 labour c4nlljyioder5, assistant laboqr ('ommjlsiodel'l and such other oftlcers  it may cod-sider decessar"1, to assist the chief labour commiyloner, in the discbarp s of his dude (3) the state government may by notification, appoint a person as the labour commissioner ""for the state, who shall exercise such powej15 and perform such duties, throughout the state, as are conferred on him by, or wlder this act or as the state goverruned\t may, by notification, 10 specify from time to time " (4) the state government may, by notificatlion, appoint such number of persons as it thinks fit to be additional labour commissioners, joint labour commissioners, deputy labour commi"isioners, assistant labour commissioners and such other officers as it may consider necessary, to 15 assist the state labour conunissioner in the discharge of his duties concilla tioa oftlcen 4 (1) the appropriate government may, by notification, appoint such dumber qf periods as it thiaks fit to be conciliation oliicers charged with the duty of mediating in, and promoting the settlement of, industrial disputes 20 (2) a conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or fer a limited period 5 (1) the state government may, by notification, appoint a pel"sion to be the registrar of trade unions for the state 2s regiatrar of trade ljnioda (2) the registrar shall exercise such powers and perform such duties as are conferred on him by or under this act (3) the state government may, by notification, appoint one or more adctitional registrars of trade union~ and deputy registrars of trade unions who shajj exercise such powers and perform such duties of the 30 registrar and with/in such local limits as the st~ government may, by nouikation, specify from time to time (4) subject to the provisions of any order made by the state government, where an additional registrar of trade unions or a deputy registrar of trade uniions exercises and performs the powers and duties of a 35 registr81'l in' an area within which the registered office of a trade union is situated, the additional registrar of 1'rade unions or deputy registrar of trade unions shall be deemed to be the registrar in relation to the trade union for the purposes of this act 6: the ofticers referred to in 8u})section (~ and sub-section (4) of 40 sectlon 3 and seatlon 4 shall, sublect to the provisions of this act and the rules made thereunder, work under the general guidance and supervision of the chief labour commissioner where they" are appointed by the central government and of the s~te labour commissioner where they areappojd~ by the state government "45 pcnversof supe!"vi !ion of chief labour commialiioderud state labour commis-~ , (1) the appl'opriate government shall mainwn a ro~r of arbitra tors fro~ w~ the parties to an industrial dispute, individual dispute or trade union dispute may choose an arbitrator or a body of arbitrators for settlement of such dispute s explanation-notbing in this sub-section shall be construed as precluding the parties to such dispute from choosing an arbitrator or a member or members of a body o£ arbitrators from among persons whose name or names is or are not included in such roster (2) notwithstanding anything contained in sub-sect2ion (1) where the 10 parties to an industrial dispute or trade union dispute agree to refer such dispute for arbitration and-(4) in the case of an industrial dispute, the dispute involve;;, ~ the opinion of the central government, any question vf national importance or is of such a nature that industrial establishments or 15 undertakings situated in more than one state are likely to be in-~rested in, or affected by, such dispute; (b) in the case of a trade union dispute, the dispute involves, in the opinion of the central government any question of national, importance or one oi the parties to the dispu,te is a registered trade 20 union having offices in more than one state, the central government may, by order, appoint one or more persons (whether or not their names are included in the roster of arbitrators) as an arbitrator or body of arbitrators, as the case may be, for the arbitration of such dispute and such arbitrator or body of arbitrators shall have the ~s same powers and jurisdiction in relation to the industriln dispute or trade union dispute, as the case may be, as if the arbitrator or body of arbitrators has or have been chosen by the parties to the dispute by mutual agreement explanation-for the removal of doubts it is hereby declared that in 30 the case of an ,industrial dispute, an order may be made by the central government under sub-section (2) notwithstanding that it is not the appropriate government in relation to the industrial establishment or undertaking with which the diispute is concerned 8 (1) the appropriate governmeat mey as occasion ariiea, by dotifl- court of 3s cation, constitute a court of inquiry for inquiring into _y matt eon- inqatry nected, or appeari~ to be connectecl with, or relevant to, ad industrial dispute or a trade union dispute (2) a court of inquiry may consist od one person only or such number of persons, not connecteci with or interested in the dispute, as the 40 appropriaa;e government may think fit, and where a court of inquiry consists of two or more persons, one of them shall be appointed a the chairman thereof (3) a court of inquiry having the prescribed quorum may act not-withstanding the absence of the chairman or any of its members or any 45 vacancy in its number: provided that if the appropriate government intimates the collrt ot inquiry that the aervices of the chairman have qeaaed to be availbie, the court at inquiry shall not act until a new chairman has beenappointed (i) the court of inquiry shall inq\lire into such matters as are refetted to it by the appropriate government for inquiry and submit its repolt to that government  t·bour ~9 (1) the appropriate government may, by notifieatiod, establisji such number of labour courts as it thinks fit and de6ne the toea! limits ~ of their jwiscltdion (2) the labour court shall ha,re its headquarlei1s at such place as the appropriate government may, by notification, specify: provided that 'the labour court may hold its swings at such oth@l1 place or places within its local limits of jurisdliction as it considers 10 necessary (3) the appropriate government may, by notification, appoint such number of persons as it thidks fit to he presiding ofiicers of labour courts and may, by order, post each of them to preside over a labour court or transfer a presiding officer from one labour court to another labour 15 court i (4) no person shall be qualified for appointment as the presiding officer of a labour coui1t unless-(a) he has, for a period (,if not less than one year, been a district judge or an additional district judge; or 20 (b) he has been a presiding officer of a labour court or industrial court constituted under any central, provincial or state act for not less than five years; or (c) he has been an officer of the ministry or department of the central or state government dealing with law or labour, not 2s below the rank of a deputy secretary or equivalent post, for not less than three years; or (d) he has held a judic,ial office in india for not less than seven years; or (e) he has practised as an advocate or attorney for not less than 3c' leven years in any court; or <f> he has, in the opinion of the appropriate govenunent rde quate experience in industrial relations - (5) the labour court shall  have, !lubject to the othf!r provfi~ of this act, jurisdidion to adjudicate industrial disputes relating to any' matter specified in the second schedule, or indivfidual disputes 35 (6) the labour court shall discharge such other functions as are awaigned to it by or un~tbls ·acit industrial 10 (1) the appropriate government may, by aoii8eation, establish tribunals sueh number of industrial tribunals as it thinks fit 40 (2) the tribuhal shall have its headquarters at such place as the appropriate govemmieht may, hy notification, specify: provided "that the industrial trib~mal may have its sittings at such other place or places as it considers necessary, having regard to the convenience of the parties (3) the appropriate government may, by dotificatied,appoint such s number of persods as it thinks fit to be presiding oiieers of 'rribunals and may, by order, post each of them to preside over a tribunal or tr'lnsfer a presiding ofilcer from one tribunal to another (4) no person shall be qualified :lor appointment as the presiding officer of a tribunal unless-10 (4) he is, or has been, or is qualified to be appointed as, a judge of a high oourt; or (b) he has, fora period of not 'less than three years, been a district judge or an additional district judge; or (c) he has been a presiding officer of a labour court for a period of not less than five years; or (d) he has been' an off\cer of' the ministry or departnrem of the central or state government dealing with law or labour, not below the rank of a deputy secretary or equivalent post, for not less than five years; or 20 (e) he has, in the opinion of the appropriate government, adequate experience in industrial relations (5) the tribunal shall have, subject to the 'other provisions of this act, jurisdiction-(a) to adjudicate industrial disputes relating to any matter specified in or under the third schedule or trade union disputes; ('b) to determine the support for any registered trade union nf employees under section 60 and to certify such trade union as sole negotiating agent, chie~ negotiating agent, associate union or local union; and (c) to determine any matter relating to the election of a negotiating committee and the certification of such committee as sole negotiating agent (6) the tribunal shall discharge such other functions as are assigned 35 to it by or under this act 11 (l)'the central government may 8s qccasion arises, by notiftca- national tlon, eonstltute a natiodal 'industrial relatio~ cou  nlsston-industrial relations (a) for the adjudication of-commi-sions (i) any industrial dispute, (whether sum disp"- relates to &no, matter specified in the set!ond schedule or the third sehedule) coacemmg any industrial estawwment or undertaking with respect toi whlch the central government is the aporoprlate government; or (u) any industrial dispute (whether sueh dispute relatet to ally matter spec:ifled in the seeond schedule or the third schedule) concerning any industrial establishment or undertaldn, with respect to which the state government is the appropriate govemmmt, but such dispute in the opinion of the centnl 5 govemment,-(l) involves my question of national importance,' or (2) is of such a nature that industrial establishments or undertakings situated in more than one state are likely to be interested in, or afleeted by, such dispute; or 10 (iii) ady trade union dispute which, m the opiaioll of the central government, involves any question of national importance or ode of the parties to the dispute is a ~tered trade anioll having otll  in more than ode state; (b) to enquire into and report to, or advise, the central gov- 15 el'llment in regard to any matter referred to it; or - , i (e)' to cfiseharge such functions as illiw be preserihed (2) a niriional commission mall consist of one pedon only to be ~ appointed by the central govemmellt 20 (3) no person shall be qualified for appointment as the presiding officer of a national commiqsion unless-~'  l (4) he is, or has been, a judge of a high court, or (b) he is, or has been, the presiding officer of a tribunal for  , a period of not less than five years; or 25 (e) he has, in the opinion of the central government, adequate experience in industrial relations fillinlt of 12 if, for any reason, a vacancy (other th:m a temporary absence) vacancies occurs in the office of the presiding officer of " labour court, tribunal or national commission or in the office of the chairman or any other 30 member of a court of inquiry, th~n-(4) in the case of a national commission, the central government; and (b) in any other case, the appropriate government, 35 shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceeding before the labour court, tribunal, national commission or court of inquiry, as the case may be may be continued from the stage at which the vacancy occurred 13 (1) no pierson shall be appointed to or shall continue in, the 40 oftlce of the presiding ofbcer of 8 labour court, tribunal or national commission if he has attained the age of sixty·flve years terd18 and con ditionsof service of presiding offtcer allabour court, etc (2') the othet" terms and conditions of service of the presiding of!cer of a labour court or tribunal shall be such as may be prescribed by the a~roprlate government and of the presidinllt offtcer of a national 4s commission shall be such as may be preseribed by the ~tral g0vernment 14 (1) no order of the appropriate government or of the central government, as the case may be, appointing any person as the presiding officer of a lab:>ur court, tribunal or national commission or the chairman or any other member of a court of inquiry shall be called in ques-s tion in any manner (2) no act of, or proceeding before, any labour court, tribunal national commission or court of inquiry shall be called in question i~ any manner-(a) on the ground merely of any defect in the constitution 10 thereof; or finality of orders appointing presiding officers of labour courts tribunals and national commissiom and chairman 8ild (b) in the case of a court of inquiry, on the ground merely of members any vacancy therein of courts of ihj~'iry 15 every labour court, tribunal and national commission shall be deemed to be a civil court for the purposes of sections 345 348 and 348 2 of 1974 is of the code of criminal pro~edure, 1973 labour co-'m, etc, to be deemed tobea civil court 16 every conciliation officer, registrar, additional registrar of trade unions or deputy registrar of trade unions, presiding officer of 11 labour court, tribunal or national commission, every chairman or any other member of a court of inquiry, every arbitrator (where there conci1iationofftcersetc, to be deemed to be public servants 20 is only one arbitrator) and every member of a body of arbitratoi's shall be deemed to be a piublic servant within the meaning of section 21 of 45 of 1860 the indian penal code  chapter iii trade unions17 in this chapter-2s (a) "employee" means--(i) any employee as defined in clause (9) of section 2; and (ii) any person (including an apprentice) employed in any agricultural operation, whether 01' not such agricultural operation is carried on along with any industry; 30 defini-tions of "employee" and "entployer'for thepurposes of this chapter (b) "empjl,oyer" means any person employing any employee referred to in clause (a) 18 (1) a trade union may consist of employees only or employers only or it may be an association of ttade unions of employees or, as the 3s case may be, employers only fonnation of trade unions (2) every trade union shall carry on its management and activities in accordance with the provisions made by or under this act and its constitution (hereinafter referred to as the rules of the trade union) (3) no trade union which is not registered under this act shall be 40 entitled to any rights or privileges under this act 19 (1) every application for the registration of a trade union shall be made to the registrar,-application for registration (0) in the case of a trade union of employers, by not less than ten empiloyers;" and (b) in the case of a trade union of employees, by ten per cent 5 of the employees employed in an industrial establishment or undertaking or two or more industrial establishments or undertakings or unit, branch or office, or units, branches or offices, of an industrial establishment or undertaking, as the case may be, for the benefit of whom such trade union proposes to carryon its activities, or by ten 10 employees, whichever is higher: provided that }vhere ten per cent of such employees exceeds one hundred emp;loyees, it shall be sufficient if the application is made by one hundred of such employees: provided further that in the case of industrial establishments or un- 15 dertakings which are of a seasonal character, such ten per cent shall be determined with reference to the employees employed on an average per working day during the season immediately preceding the date on which the application for registration is m?de expzanation-in the case of a trade union which is an association 20 of trade unions, its membership, for the purpose of this sub-section, shall be deemed to be the aggregate of the membership of each of the trade unions constituting such association of trade unions (2) every application for the registration of a trade union shall be accompanied by-2s (0) a statement showing-(i) the names, occupations and addresses of the persons making the application, including the name and address of the industrial establishment or undertaking, and where the industrial establishment or undertaking has two or more units, 30 branches or offices, the unit, branch or office, wherein such persons are emp~oyed; (ti) the name of the trade union and the address of its head office; (iii) the title, name, age, address and occupation of each of 35 the office-bearers of the trade union; (iv) in the case of a trade qnion, being an association of trade unions, the names, addresses of registered offices and registration numbers of the member trade unions; (b) three copies of the rules of the trade union together with a 40 copy of the resolution by the members of the trade union adopting such rules; \ (c) a copy of the re!tolution adopted by thel members of the trade union authorising the applicants to make the ap~ication for registration: all~ (d) in the case of a trade union, being an association of trade unions, a copy of the resolution adopted by the members of each of the member trade unions, meeting separately, ngreelng to constitute the association of trade unions 5 explanation-for the purposes of clause (c) "resci1ution adopted by the members of the trade union" means, in the case of a trade union, being an association of trade unions, the resolution adopted by the members of each of the member trade unions, meeting separately (3) where a trade union has been in existence for more than one 10 year before the making of an application for its registration, there shall be delivere j to the registrer, together with the application, a general statement of the assets and liabilities of the trade union wepared in such form and containing such particulars as may be prescribed (4) where an application has been made under sub-section (1) for the is registration of a trade union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the trade union, some of the appllicants, not exceeding one-half of the total number of persons who made the application, have ceased to be members of the 20 trade union or have given notice in writing to the registrar dissociating themselves from the application 20 no craft or category wise trade union shall be registered under this act prohibition of registration ot craft or category· wi tradt! union 21 (1) the registrar may call for furth~ information from th~ per  25 sons who have made the application for registration for the pfllrpose of satisfying himself that any application for registration of the trade union complies with the provisions of section 19, and that the registration of the trade union is not prohibited by section 20, and may refuse to register the trade union until such information is supplied power to call for further particu lars and to require alteratiort of name 30 (2) if the name under whi-:-h a trade union is proposed to be rep tered is identical with that by which any other existing trade union has been registered or, in the opinion of the registrar, so nearly resembles such name as to be likely to deceive the public or the members of either trade union, the registrar shall require the persons applying for regis-3s tration to alter the name of the trade union stated in the application, and shall refuse to register the trade union until such alteration has been made 22 a trade union shall not be entitled to registration under this act, unless the executive thereof is constituted in accordance with the we-40 visions of this act, and the rules of the trade union provide for the following matters, namely:-(a) the name of the trade union; (b) the whole of the objects for which the trade union has been established; constitution of executive and provisions to be contained in the rules of a trade union (c) the whole of the purposes for which the general funds ot the trade union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully awlicable under this act; (d) the maintenance of a list of the members of the trade union and adequate facilities for the inspection thereof by the office-bearers s and members of the trade union; (e) the admission of ordinary members (irrespective of their craft or category) who shall be persons actually engaged or employed in the industrial establishment or undertaking or industrial establishments or undertakings or unit, branch or office, or units, branch- 10 es or offices, of an industrial establishment or undertaking, as the case may be, with which the trade union is connected, and also the admission of such number of honorary or temporary members, who are not such employees, as are permitted under section 34 to be office-bearers to form the ~xecutive of the trade union; is (f) the ptsyment of a subscription by members of the trade union; (g) the conditions under which any member shall be entitled to ,any benefit assured by the rules and under which any fine or forfeiture may be imposed on any member; (h) the annual general body m~ting of the members of the 20 trade union, the business to be transacted at such meeting, including the election of office-bearers of the trade union; (i) the manner in which the members of the executive and the other office-bearers of the trade union shall be elected annually and removed and filling of casual vacancies; 25 (j) the safe custody of the funds of the trade union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspe~:tion of the accomt books by the office-bearers and members of the trade union; (k) the manner in which the rules shall be amended, varied or 30 rescinded; and (l) the manner in which the trade union may be dissolved registration of trade union 23 (1) the registrar on the receipt of an application for r'egistratior1 of a trade union shall, after making such enquiries and collecting such further information as may be necessary, pass order within sixty days 35 from the date 'of the receipt of the app,lication either granting or refusing to grant registration of the trade union and communicate the order to the applicant: provided that where the registrar refuses to grant registration to a trade union, he shall state the reasons therefor in the order refusing to grant registration 40 (2) when the registrar grants registration to the trade union, he shall enter in a register, to be maintained in such form as may be prescribed, the particulars relating to the trade union cootained in the statement referred to in clause (4) of sub-section (2) of section 19 accompanying 4' the application for registration certificate of registration u; (1) the registrar, on registering a trade union under this act, shall issue a certi1lcate of regiliu'ation in the pjrescribed form which shall be conclusive evidence that the trade union has been registered under this act s (2) a certificate of registration issued under sub-section (1) shall be valid for tne whole of india 25 (1) every tradt: union registered under the trade onions act, 1926, or any otner law, belore ttle commencement of ttlis act, shall until the expiry of six months froln such commencement be deemed, to be a 10 regis~red trdde uruon for the purposes of this act (2) every trade union registered under the trade unions act, 1926, 01 any otner law, before the commencement of this act, may apply 16 of 1926 fresh registration of trade unions registered under act 16 of 1926 101' reglsuation under this act and where such trade union does not make any suen application it lihah, on the expiry of six months tram the com-15 mencemem of this act, be deemed to de not a registered trade union for the purppses of this act: provided that the ltegistrar may, after he has received an application for the fresh registra?on of the u·adc union under this sub-section, direct that tne trade union shah be deemed to be a registered trad~ wlion under this act until he takes a final decision on such application granting or re-20 fusing to grant registration to the trade union under' this act (3) the registrar shall, before the expiry of three months from the commencement of this act, serve on every craft or category wise trade union registered under the trade unions act, 1926, or any other law, 16 of 1926 2~ be~ore the oommencement of this act, a notice requiring such trade udlon-(1(1) to amalgamate with a trade union registered or deemed to be registered under this act; or (b) to allow membership to all categories of employees within a period of three months from the service of such notice on the 30 trade union - (4) where any craft or category wise trade union fails or refuses to compily with a notice under sub-section (3) within the period specified therefor in that sub-section, it shall cease to be a registered trade union 35 for the purposes of this act 26 (1) a certificate of registration of a trade union may be cancelled by the registrar-i • cancellation of registration (a) on an application made in that behalf in the prescribed form by the trade union concerned and after verification of the facts stated 40 in the application in such manner as may be prescribed; (b) if the trade union wilfully fails to maintain accounts or to submit annual return within the prescribed p!eriod; (c) if tne annual return submitted by it is false or defective in material particulars and the defects are not rectified within the pres-45 cribed period; (d) if the certificate of registration has been obtained by fraud or mistake; (e) if the trade union has ceased to exist; (1) if the trade union has wilfully and after notice from the registrar contravened any provision at this act or rules made there-5 under; (9) if the trade union had made, or allowed to continue, any rules of the trade union which are inconsistent with the provisiolls of this act or has rescinded any of its rules providing for any matter, provision for which is required to be made by section 22; 10 (it) if the trade union has not held annual elections to elect its office-bearers before the expiry of such date as may be wescribed; or (i) if the trade union contravenes its rules: provided that not less than sixty days' previous notice in writing specifying the growlds on which it is proposed to cancel the certificate of 15 registration shall be given by the registrar to the trade union before the certificate of registration is cancelled otherwise than on the application of the trade union (2) a certificate of registra,tion of a trade wlion shall be cancelled by the registrar where a labour court or a tribunal recommends the 20 cancellation of such registration under sub-section (4) of section 93 or sub-section (8) of section 108, as the case may be (3) while cancelling the certificate of registration of a trade union the registrar shall record the reasons for doing so and communicate the same in writing to the trade union concerned 25 27 (1) any person aggrieved by the refusal of the registrar to grant the application for registration of a trade union under sub-section (1) of section 23 or by the cancellation of a certificate of registratlon wlder sub-section (1) of section 26 may, within such period as may be prescribed, appeal to the tribtmal specially authorised in this behalf in 30 the prescribed manner • appeal against non-registration and cancellation of registration (2) the tribunal may, after giving the parties concetned an opppr~ tunity of being heard, dismiss the appeal or pass an order directing the registrbl" to register the trade union and to issue a certificate of registration under section 24 or setting aside the order of cancellation of the 35 certificate of registration, as the case may be, and a copy of the order shall be forwarded to the registrar (3) the order of the tribunal shall be final and the registrar shall comply with such order within a period of thirty days from the date of the order 28 a trade union whose certificate of registration has been cancelled, may apwy for re-registration after the expiry of a period of six months from the date of the last cancellation ·of the certificate of registration re-registration of a trade union rt'gistl'redoffice 29 (1) all communications and notices to a registered trade union may be addressed to its registered office which shall be the address of 45 the head oftlce of the trade union as entered in the register referred to in sub-section (2) of section 23 (2) notice in writing of any change in the address of the registered oftlce of the trade union shall be given within fourteen days of such change to the registrar, and such other authorities as may be prescribed, and the changed address shall be recorded in the register referred to in s sub·section (2) of section 23 30 (1) the subscription payable by the members of a trade union shall be-membership fee and its mode of collection (i) in the case o~ a trade un'on of persons employed in agriculture or agricultural operations, nol less than twenty-five paise per month per member; and 10 (ii) in other cases, not less than one rupee per month per member (2) where a trade union, in accordance with its rules, resolves to that effect and the employees who are members of such trade union execute in favour of the employer a written authorisation in that behalf, 15 the membership fee shall be deducted from the wages of the employees by the employer and paid over to the trade union concerned in the prescribed manner incorporation of registered trade unions 31 every registered trade union shall be a body corporate by the name under which it is registered, and shall have perpetual succession ~ and a common seal with power b acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued 32 the following acts namely:-21 of 1860 (a) the societies' registration act, 1860 2 of 1912 2s (b) the co-operative societies act, 1912, and (e) the companies act, 1956, 1 of 1956 certain acts not to apply to registered trade unions shall not apply to any registered trade union and the registration of any such trade union under any such act shall be void 33 a person shall be disqualified for being chosen as, and for being 30 an office-bearer of a registered trade union if-(i) he has not attained the age of eighteen years; disqualifications for being officebearer of trade unions (ii) he has been convicted by a court in india of any offence involving moral turpitude and sentenced to imprisonment unless a period of five years has elapsed since his release af,ter undergoing 3s such imprisonment; (iii) he is already office-bearer of not less than four trade unions: and (iv) a labour court has directed under sub-section (2) of section 93, that he shall be disqul'llifi~d fo~ bein(! chosen as or for 40 being, an office-bearer of a trade union, so long as such order is in force 34 (1) in the case of a trade union of employees carrying on its activities for the benefit of employees employed in one industrial establishment or undertaking only, the number of office-bearers of such trade union who are not persons actually employed in such industrial establishment or undertaking, shall not be more than two s proportion of officebearers to be connected with the industry (2) in the case of a trade union of employees carrying on its activities for the benefit of employees employed in two or more industrial establishments or undertakings, not less than three-fourths of the total number of the office-bearers of such trade union shall be employees actj,lally employed in any of the industrial establishments or undertakings with 10 which the trade union is connected (3) in the case of a trade union of employers not less than threefourths of the total number of the office-bearers of such trade union shall be employers in relation to the industrial establishments or undertakings with which the trade union is connected is explanation-for the purposes of this section an ex-employee of an industrial establishment or undertaking shall be deemed to be a person who is actually employed in such industrial establishment or undertaking declaration of assets by officebearers 35 every office-bearer of a trade union shah file a statement of his 8rsets and liabilities every year, on or before such date as may be 20 prescribed, with the registrar and such statement shall be open for filj inspection by any employee or, as the case may be, employer, who is a member of the trade union change ofjwne 36 any registered trade union may, with the consent of not less than two-thirds of the total number of its members and subject to the pro- 25 visions of section 38, change its name amalgamation of trade unions :n any two or more registered trade unions which are not associations of trade unions or two or more associations or trade unions may amalgamate together as one trade union or one association of trade unions, as the elise may be, with or without dissolution or division of 30 the assets and liabilities of, such trade unions ot" associations of trade unions or either or any of them if the votes of at least one-half of the til members of each or every such trade union (including, in the case of amalgamation of two or more associations of trade unions, the members of the trade unions which are members of such associations of trade 35 ugions) entitled to vote are recorded and at least sixty per cent of the votes recorded are in favour of such amalgamation 38 (1) notice in writing of every change of name and of every amalgamation shall be signed-| notice    ||-----------|| change of || name or   || amalga-   || marum    |(4) where the registered trade union chanring its name is not 40 an association of trade unions or the registered trade unions amalgamnting are not associations of trade union8,-(i) in the case of a change ot name, by the secretary and ten members of the registered trade union changing its name; ~ (it) in the case of an amalgamation, by the secretary, and ten members, o£ each of the registered trade unions amalgamating; (b) where the registered trade union changine its name is an aaaociation of trade unions or the registered trade unions amalgamating are associations of trade unions-10 (i) in the case of a change of name, by the secretary of such association of trade unions and by not lees than ftfty-one per cent of the total number of secretaries of the trade unions which are members of such association of trade uniona; and (ii) in the case of an amalgamation, by the secretaries of the asaociations of trade unions amalgamating and by not 1_ than fifty-one per cent of the secretaries of the trade unions which are members of such associations of trade unions amalgamating, 15 and shall be forwarded to the reg~trar and, in the case of an amalgamation of trade unirlds, where the registered office of the amalgamated trade union is situated in a different state, to the ragistrar of such state: 20 provided that in a case referred to in clause (a), if the total number of members of the registered trade union whose name ui changed or any of the registered trade unions amalgamating, excludilll the secretary, is leu than ten, the notice may be signed only by the secretary and all the members of the trade union, 25 (2) subject to the provisions of sub-section (2) of section 21, the registrar shall, if he is satisfied that the provisions of· this act in respect of change of name have been complied with, register the chanae of name in the register referred to in sub-section (2) of secuon 23, and ~ change of name shall have effect from the date of such registration, 30 (3) the reristrar, within the local limits of whose jurisdiction the registered office of the amalgamated trade union is situated, shall, if he is satisfied that the provisions of this act in respect of amalgamation have been complied with and that the registration of the trade union formed thereby is not prohibited by section 20 and it is not disentitled to 35 l'pgistration under section 22, register such trade union in the manner provided in section 23 and the amalgamati()n shall have effect trom the date of such registration, 39 (1) the change in the name of a registered trade union shall not affect any rights or obligations of the trade union or render defectiv~ 40 any legal proceeding by or against the trade union, and any legal proceeding which might have been continued or commenced by or again~ effect of chan, ot name and amal 18mation, ~t· by its former name may be contin  ed or commenced by or agatnst it by its new name (2) an amalgamation of two or more registered trade unions shall 45 not prejudice any right of any of such trade unions or any right of a credi~ of any ~t tb,em d1teolut1od  (2) when a registered trade union is dissolved, notice in wriuna of the diaolution shall be signed,-(a) where such trade union is not an association of tra4e unions by lhe secretary and ten members thereof; and (b) where such trade union is an association of trade unions, j tae ~ary of such asso<:iation of trade uaiou  and the aecretarilll  of;j)otlfis utantuty-one per cent of the totalnwnaer of tae trade 'w!liooswhieh are members of suchilsiociation, and shall, within fourteen days of the dissolution, be sent to the registrar,  d if the registrar is satisfted that t~ dillolution has been effected 10 i'ii'accordance with the rules of the t&t8de union, he aball 'make ·an entry to ~ that eftiect in· the' register referred to in 8ub-hction (2) of, 'metion 23 and the d~s:>lution shall have effect from the date on whieh such entry is made: provided that in a case referred to in clause (4), where the total 15 number of members of a trade union, excluding the secretary, is leu than ten, the notice may be signed only by the secretary and all the members of the trade union (2) where tbe '1iisiolution of it regiitered trade union bas  men ententd in their~ter referred to in sub-section (2) of,88cgon23  qci 20 the rules of the trade union do nolt provide for· the distribution of tae funds of the trade union on dissolution, the registrar shalldivide the funds amongst the members thereof in such manner as may be prescribed returns ;'1 (1) 'every 'j'efstered trade union shall forward annually 10tbe regiltrar, oil or before 81ich dateaa may be prescribed, a genetl state- 30 jihlht, audited in '-'heprelcribed mumer of all receipts and e~peqditw'e of sueh registered trade union during the ye~r ending on tht: 31st day of december' next preceding such prescribed date, and of the as8lets and lltlbilities of the trade union existij'la on such 31st day of december (2) the g~al statement shall be prepared in such form, and -,hall 35 c4nltam such pat1iculars, as may be prescribed   (3) together with tbe general statement refert-ed to in sub-section (l), every registered trade union shall forward to the registrar a statement showing all changes of office-bearers made by the trade union duri~g the year to which such general ~tatement relates, along with :j 40 copy of the rules of the trade union corrected up to tbedate iof jespuch thereof to the registrar (4)a cqpy of every alteration made in the rul of -i n  d trade union shall be sent to the registrar within fifteen daye of ·the making of the alteration (5) 'f~r the purpose of examining the -documen_ r~' to ta·  mctton~ (1), (3) and (4), the registrar, or any om,, authortled jdr'liiiiid, by general or special order, may at all reasonable times inspect the eerttfteate' ofregistratton, account books, registets'at\d;other documents, relatine to a trade union, at its registered office' or may require their production at such place as he may specify in this'~lf,' but no sueb 5 place shall be at a distance of more than fifteen kilometers from theo reg!stered offtce' of such trade union special proviaions in regard to trade union of emp1o yera '2 (1) where any application to be' made-, 1'l'gt~·tcj be' given or anything, to be dorie (including the signing, of any application or notice) under this chapter is required or allowed to be made, ,given or done by 10 a member of a trade union and such trade union is a trade union of employers, such application, notice or thing shall, in the calle of a member, being a company or ouier body corporate, be' irlade given ot done, as the case may be, by the secretary of, or any other oftlcer' specially authmlsed- in this behalf by, the company or other b~ corporate 15 (2) wbel'e a member of a trade union of employers is  company or other' body corporate, the secretary of, or any other officer specially authorised in this behalf by, the company or other body corporate sllall be'deemed to' be an employer in relation to an industrial estabuaimlent or underta'king with which the trade 'unien is connected for the purpo,acs 20 of section 34 43 (1) where there 'is--(4) a diapute relatin~ to,-adjudication of trade (i) the election of an office-bearer or' the disqualification of ~~=tes any person for being chosen as, or for being, an officebeerer of a'tegistered trade union; or (ii) whether or not any person is, or has ceased to be, an office-bearer, or a member, of a registered-trade union, including any' dispute relating to wrongful removal or expulsion of any such office-bearer or member from his oftice or membership of such trade union, as the case may be; or 30 (iii) the j;1i'operty, including account bookl;, of any registered trade union; c1'f (b) any other trade union dispute, aa application may be made in the prescribed manner to the !ribunal 3s ipeciauy authorised in this behalf for th~, ~cati6ll of the di8pute,-(a) where the dispute is in respect of a regi'si~red trade union whieh'is an association of 'trade unions, by any person who is a membet of any of'tie trade' uniom whieb is a member of the assoctattonj o~ (8) ,where the dispute is in respect of a, registered' tt!ade u~ion whtcb,,,is ,doi an auociation of trade unions, by any pet'so'ft' who 15 a member of, the trade union, within-8mb period as ,may be p~scribed or the government of the state whereiftthe-registered oftrce of the trade union tssituated may refer such 45 dispute to ofjwzh tribunal for adjudication (2) l(otwlthatancun, anything contained in sub-section (1), where, in the opinicm of the central government, any dispute referred to thereill ,involves any queltion of national importance or any of the parties tv the dispute is a registered trade union having offices in more than one state, that government may refer such dispute to a national commis-5 alon for adjudiclltion and on such reference being made, sub-section (6) of section 104 shall apply in relation to such dispute in the same manner as it appues in relation to an industrial dispute which has been referred to a national commiaalon for adjudication (3) the tribunal to which an application is made or a dispute is re- 10 ferred for adjudication unaer sub-section (1), or the national commission to which a dispute is referred for adjudication under sub-section (2), shall have the power to issue such directions or pass such order's, as it thinb ftt, pending the adjudication of the dispute (4) the tribunal or national commission, as the case may be, shall, is after hearing the parties to the dispute and enquiring into the dispute in the prescribed manner,adjudicate the dispute and pass such award as it thinks just and proper in the case, including an 'order setting aside the election of an office-bearer, or declaring that any person is not or has ceased to be an office-bearer of a trade union and directing the holdint! 20 ot eleetion for choosing an oftiee-bearer, (5) the award of the tribunal or the national commission, as the case may be, ul\der sub-section (4) shall be ,final (6) no civil court shall entertain any suit or other proceeqing in relation to any dispute referred to in sub-section (1) 25 (7) save as aforesaid, the tribunal or the national commission, as the ease may be, shall, in adjudicating disputes under this section, exe'reise the same powers and fellow the same procedure as it exercises or follows while adjudicating an industrial dispute under this act object « the general funds of a registered tr~de union shall not be spent 30 on any object other than the following, namely:-lid which pneral funcb '1d83' be li))ent (a) the payment of salaries and allowances to the oftlce-bearer of the trade union and the expenses incurred by them in the discharge of their duties; (b) the payment of expenses for the administration of the trade 35 union, including audit of the accounts of the general funds of the tude 1jnloa; (c) the prosecution or defen'ce of any legal proceeding to which the trade union or any member thereof ill a party, when such prosecution or defence is undertaken for the purpose of securing oi: pro-~o tecting any rights of the trade union as such or, in the case of a repatered trai1e union of employees, of any member' of the trade union against his employer or, in the case of a registered trade union ot employers, of any employer against his employees; (cl) the collduct of individual, lndustrial or trade union disputes 45 on behl1f of the trade union ot any member thereof or' {or compensation of members for loss arising out of such dispute; (e) allowances to members thereof or their depoendents all aecdurt of death, old age, sickness, accident or unemployment of such members; (f) the issue of, or the undertaking of liability under, policies of 5 assurance on the lives of members ther00f or against their sickness accident or unemployment; (g) the provision of educational, social 01' religious benefits for members thereof (including payment to the heirs of a deceased mem ber of expenses of funeral or religious ceremonies of such de-10 ceased member) or for the dep!!ndents of such members; (h) the publication of a periodical mainly concerning matter, in relation to trade union aotivities and activities of employers or employees or both; 15 20 (i) the payment, in furtherance of any of the objects on which the general funds of the trade lilion may be spent, of contributions to any cause intended to benefit employees or employers, as the case may be, in general, provided that the expenditure towards· such payment in any financial year shall not, at any ume during that year be in e'cc('ss of on ('-fourth of the aggregate gross income which has up to that time bc'::rued to the gerieral founds of the trade union durinj that year and of the balance at the credit of those funds at the c0mmencement of that year; and (j) any other object specified by the state government, by notification, subject to such conditions as may be specified therein contttution of - eparate fund for political purpoletl 25 45 (1) a registered trade union may constitute -a separate fudci, which shall consist of money separately realised or paid to that fund, from which payments may be made for the promotion of the civic and political interests of itr members, in furtherance of any of the objects specified in sub-section (2) 30 (2) the objects referred to in sub-section (1) are-(g) the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election u a member of any legislative body constituted uuder the collititution or of any local authority, before, during or after the election in coil-35 nectlon with his candidature or election; or (b) the holding of any meeting or the c'tistribution of any literature or documents in support of any such ~andidate or pr08jjeetfve candidate; or·  (e) the maintenance of any person who is a member of any 40 legislative! booy constituted under the comltitutlion or (if any local authority; or (d) the registration of electors or the sele~tion of a candidate for any legislative body constituted under the constitution or for any local authority; or 45 (e) the holding of political meeting of any kind, or the distribution of political }jjerature or political do,cuments of any kind (3) no member shall be compelled to contribute to the fund cons:tdtuted ,under sub-section (1) and a member who does not contribute to the said fund shall not be excluded from any beneftt of the resistered trade union, or placed in any respect either directly or indirectly under any· disability or at any disadvantaae as compared with other members 5 of s\lcb trade union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to such trade union (4) the provisions of this section shall, in so far as it relates to pay- 10 ment of contributions by members of a registered tra union to a fund  constituted by such trade union ujlder s\lb-section (l), \)e:'subject to ~he' provisions 01 section ~a of the companies act, 1956 fl the account books of a registered trade union and the list of members thereof shall be open to inspection by any ofiee-lmeper or 15 member of such trade union at such times, as may be specified in the rules of the trade union lu&htto inipect book of trade unions t'l, (l) a regiak!red trade union of employers may enter into a settlement with a negotiating agent in the course of negotiations under section 97 or in the course of conciliation proceedings under section 98 or may 20 ediec' into an arbitration agreement under section 100 anll where a r,pstel'ed trade union of employers enters into such agreement, the agreement and, where such agreement is an arbitration agteement, the arbitration award sha1l, subject to the other provisions of this act, be bij1didg ,on every member of such trade union of employers 25 trade union of employen may enter into lettlement with ne,otiatin, -nt (2) where any registered trade union of employers is a party to any adjudication proceedings before the labour court, tribunal or national -commission, the award of such labour court, tribunal or national commission, as the case may be, shall subject to the other provisions of this act, be binding on all the membe>rs of such trade union of 30 employers explanation-for the purposes of this section, mc'mber of a regis tered trade union of employers includes any such member who resigns or otberwlse relinquishes the membership, or otherwise ceases to be a r utint~, of suelf trade' union after any agreement referred to in sub-3~  ~ '(1)'i8 entered:into or after such trade union has beel\' made a party to any adjudication proceedtngs referred to in sub-eection (2)  • no civ'ill court shall entertain any suilt or other leg-t, proceedin, i~ for thif expren purpose' of enforcing, or recovel1ing darnagm for breach of, any of the following agreements, namely:-40 enforceability of, 811'"-menu <a) any agreement among the- member ot a regiatered, tral\8 union u such, concerning the condiltions on which any members at" such trade union shall or shan not sell their gocxk, transaet buslnea, employ or be employed; or (b) any aareement for the payment by any perron of any  45 scription or penalty to a registered trade union; or _ (c) ·my acreemenrt:fgr the applieationof-the funds &l'a regiaer- tnde uftion-(ii) to make contributions to any employee or emplojlitr,-'u the case may be, who is not 1i member of such trade union, in consideration of such employee or employer acting in confonntty with the ru1~s or resolutions of such trade union; or 10 (iii) to pay any-fine impoaltd upon any member, or upon any office-bearer (not being a member), of such trade union, hy lentence of a court 'of jaw; or (d) any grecment made between ode re,;stered tracle urion ind another; or (e) any agreement between a registered trade union of employees [whether or not such trade union has been certiftedss_a negotjat-15 ij)gagent under sub-lection (1) of section60 or as a local union wmler sub-leetion (3) of that section] and an employer or a group of-employers or registelled trade union of employ-ers; or (f) any agreement to secure the performance of any of the agreements aforesaid immunit, from civil suit in certain cases 20  f9 (1) no suit or other le&al proceeding sball be maintainable in any civil collrt aidst any r'iistered trade undon or any oftlce-bearer or member ithereof in respect of any act done in contempla;tion or furtherance of an industrial dispute or trade union dispute 0ir' indiv'idual dispute to wbieh·8j memlder of the kmie union is· a party on thepololdd'wlly th~ 2:\ such act imnces lome other pelion to break a centtact of,~ment or tba!t:ijt is:8jl ijaterierencewith the tnde,·buaidets"qr~~tot ligule,other penioilof with t~ npt, 8()meo,therpenan,to~ of his capital or of his labour ashe desires (2) a registered trade union shallnot be liable inany auit or other 30 legal proceeding in any civil court in respect of any tortious act done in cgiltemplairioll or· furtherance of in indwd;rial ~8pute or tracie union' disptl'te ~ individual dispute by an' agcmt of the trade union if it is~pl'oved thatsueh -personaoie3 wit)aqut· tae'kbowledae f)f, or ooft~ll&ryto 'expn&8 ulirtruetaioaa - 'liven, ,by,  tae elnlcutive ·;of ~ tncie -ion 35 58 noeaployee,who isa member of ii nctatend tit_un_ o£,em-~,s_lltde ctiecrijdinated l  idlt~ dtrec:tly or indifec:tly, in any!  f &he ~ uliittng' to his cqnditicns of tet'\'ice for ule-reuen ·'that iae ~8f" ~r iofsueh· tratie \minn of employees er contijn  ' to~ all," emeer !>ilcrlmi nation  int membert otrelil tered trade unionot f'lnploy  pro-~ -, it no olice-bearer or member of a retijteradtrade union shall be liable to punishment under sub-section (2') of section l20b of the ir;ian penal code in respect of any agreement made between the members for ~e p\11'}lqle of furthering any such obj8clt of the wade union ac; is ~ifled in section 44 tmless the agreement is an agreement to commit an 5 offence bearers or members of rei isterecl trade unlonsnot uablefor c:ri:m1na1 c:onjplracy lncfttaln ceih  chapter iv negotiating agent51 (1) a re~tered trade union of employees may, subject to the other provisions contained in this chapter, be certified as the sole 10 negotiating agent in relation to the employees of a negotiating unit if it has the support of not less than sixty-fi/ve per cent of such employees sole andehlef nelotiatin, alents, auocl'8te union and local union (2) a registered trade union of e'mployees may, subject to the other provisions contained in this chapter, be certified rs the chief negotiating agent in relation to the employees of a negotiating unit if it has the j 5 ilupport of mwe than fifty per cent, but less than sixty-five per cent, of such employees (3) notwithstanding anything contained in sub-section (1) or subsection (2), where there is only one registered trade union of employees carrying on its activities tor the beneftt of the employees of a negotiating 20 unit and it has the support of not less than forty per cent of such employees, it may, subject to the other provisions contained in this cliapter, be certjfied as the sole negotiating agent in relation to such employees (4) where there are two or more registered trade unions of employees c8j:tying on their activities for the benefit of the employees of a 25 negotiating unit, and one of such trade uniqns of employees is certified as the chief negotiating agent in relation to such employees, such of the other registered trade unions of employees having the support of not less than twenty per cent of such employees shall, subject to the other provisions contained in this chapter, be certified as associate union or asso- 30 c1ate unions in relation to such employees (5) where a registered trade union of employees or a negotiating committee referred to in sumeetion (6) has been certjfied as the sole negotiating agent in relation tc) the employees employed in two or more industrial establihments or undertakings 'or two or ~ore units, branches 35 or offices of the same industrial establishment or undertaking constituting a negottating unit, any other registered trade udion of employees carrytni on 'its activities for ·thebenefit of· the employees of any of the local units constituting such negotiating unit may, subject to ,the other pro '9i1ions colltained in thi chapter, be certified as a local union ill relation 40 to the employees last mentioned, if such trade union of employeesha the suppqrt of not less than forty per cent of such employees and is the trade union of employees (not being the registered trade union of employees certified as sole negotiating agent) having the support of the maximum number of employees dt such local unit us) where there is no registered trade union of employees carrying on its activities for the benefit of the employees of a nego1lating unit (g no such trade union is entitled to be certfied as the sole negotiating &,gent or chief negotiating agent in relation to such employees, a com-s mittee to be called a negotiating committee, shall be elected by such employees in such manner as hereinafter provided to discharge the functions of a sole negotiating agent 51 (1) where-(0) the support tor a registered trade union of emplqyees is pro-10 posed to be determined for the purpose of certifying it as sole negotiating agent or chief negotiating agent under sub-section (1) o~ section 60 or an election is to be conducted to choose the chairman or other members of a negotiating committee under section 61; or (0) the support for a registered trade union of employees is pro-15 posed to be determined for the purpose of certifying it as local union under sub-section (3) of section 60, the tribunal shall noti£y,-qualiftca hona for taking part in the deter_ mination of iupport iif - trade union of employees or for votin,in election tochoolo negotiat, u'l c0mmittee (i) in the case referred to in clause (0), on the notice board or notice boards of the industrial "establishment or undertaking or 20 industrial establishments or undertakings or the unit, branch or office or the units, branches or offices of the same industrial estab-hshment or undertaking, as the case may be, constituting a nego--tiating unit; or (ii) in the case referred to in clause (b), on the notice board of 25 the local unit; and (iii) in either case in such other manner as may be prescribed, its intention to determine such support or to conduct such election, as the case may be, and the date, time and manner and such other particulars relating to such determination or election, as may be prescribed 30 (2) all employees employe:} in the negotiating unit or the local unit, as the case may be, and who-35 (0) have been so employed (whether continuously or intermittently) for n1t less than ninety days during a period of one hundr'ed and eiglity days immediately preceding the date on which the intention to determine the support of the employees for such trade union or to conduct the election to the negotiating committee, as the case may be, is notified under clause (i) or clause (ij) of sub-section (1); and (b) have completed the age of eighteen yean on such date, -40 shall be entitled to take part in sueh determination of support for such trade union of employees or election to the ne,t:iatin committee,  the case may be (3) where the notice referred to in sub-section (1) ii requlred by that sub-eection to be notified od more than one notlc:e board the date -4s on which it is notified "on the l  t notice board shall, far the purpoha of sub-section (2), be deemed to be the date on which iuch notice illiotifted m (1) a registered trade uni('n of employees may apply for certification as negotiating agent in relation to the employees of a negotiating unit and such application shall state whether it claims h be certffted as sole negotiating agent or chief negotiating agent (2) save as otherwise provided in sub-section ,(4), the application s under sub-section (1) shall be made-application for certification of relistered trade union al negotiating &lent (a) where a negotiating unit has been constituted by the central government under the second proviso b clause (26) of section 2 and the application is for certification of a registered trade union of employees as negotiating agent in relation to the employees of 10 such negotiating unit, to the central government; (b) in other cases, to the appropriate government (3) where a registered trade union of employees applies for certification as negotiating agent and such certification is in relation to the employees employed in-15 (a) all the establishments wherein is carried on the same industry or all undertakings of such industrial establishments, situated in the same area; or (b) all tae units, branches or offices of the same industrial establishment or undertaking situated in different places, 20 and such industrial establishments ot undertakings, or units, branches or offices of the same industrial establishment or undertaking, have not been constituted as a negotiating unit under the provisos to clause (26) of section 2, the applicant shall specify in the application the prescribed particulars in respect of such industrial establishments or 25 undertakings, or units, branches or offices of the same industrial establishment or undertaking, and such application shall be made-(a) where such industrial establishments or undertakings, or units, branches or offices of the same industrial establishment or undertaking are situated in more than one state, to the central 30 government; and (b) in other ('ases, to the appropriate government (4) where the period for which any registered trade union of employees was certified as the negotiating agent in relation to the employees of two or more industrial establishments or undertakings, or 3s two or more units, branches or offices of, the same industrial establishment or undertaking, constituting a negotiating unit, has expired under sub-section (1) of section 64 or where such certificate is cancelled under sub-section (2), or deemed to be cancelled under sub-section (3), of that section, any other registered trade union of employees, or the 40 registered trade union of employees the period of whose certification 88 n~gotiating agent has expired, may apply for the re-constitution of the negotiating unit and certifying such registered trade union of employees' as the neg:)tiating agent in relation to the employees of the reconstituted negotiating unit and the provisions of sub-section (3) shall, 4s 10 far as inay be, ilppjy· in relation to such appiieatlon   (5) where any registered trade union of employees has been certifled as sole negotiating agent in relation to the employees of a negotiating unit and such negotiating unit consists of two or more industrial establishments or undertakings or two or more units, branches or 5 offices of the same industrial establishment or undertaking, any other registered trade union of employees may apply, to the central government or the appropriate government, as the case may be, to whom the trade union first mentioned applied for certification as such sole ne-gotiating agent, for certification as local union in relation to the em-10 ployees of any of the local units constituting such negdtiating unit 55 (1) every appli-cation by a registered trade union of, employees, under sub-section (1) of section 54, for certification as negotiating agent in rel,uon to the employees of a negotiating unit shall state whether any other registered trade union of employees was certified as the is negotiating agent in relation t() such employees and shall contain such particulars as may be prescribed in respect of such trade union particulars which an application for certificr-tion as negotia_ ting agent or local union (2) every application by a registered trade union of employees, under sub-section (5) of sect:on 54, for certification as a local union in relation to the employees of a local unit shall-~hall c'lntain 20 (a) contain such particulars as may be prescribed in respect of the registered trade union of employees certified as sole negotiating agent in relation to the employees of the negotiating unit including the employees of such local unit; and  25 (b) state whether any other registered trade union of employees was certified as local union in relation to such employees and if so also contain such particulars as may be prescribed in respect of such trade union (3) every application by a registered trade union of employees for certification as negotiating agent, or local union shall, contain such 30 other particulars, be in such form and be accompanied by such fee as may be prescribed 56 (1) no application for the certification of a registered trade union of employees-(a) as negotiating agent in relation to the employees of a nego-35 tiating unit; or (b) as a local union in relatio,n to the empl~yees of a local unit, shall be entertained by the central government or the appropriate goverr1ment, as the case may be, if-(i) in the case referred b in clause (a), any other registered 40 trade union of employees or a neg:>tiating committee has been certified as negotiating agent in relation to the employees referred to therein; or bar a,ainst application by relistered trade union of employees for certi fication as negotiatin &gent, as  ociate union or local union in certain cases (ii) in the case referred to in clause (b) any other registered trade union of employees has been certified as local union in rel~ion 4 ~ to the employees referred to therein: provided that such application may be entertained if a period of two years has expired after the date of certification of th~ o~her registered trade uniob of employees· or negotiating committee 'as ne,otia~ing alent ~r other registered trade· tinion of employees as local union, as the 50 case may be, or such certification as negotiating agent or local union has been cancelled under sub-section (2) of section 64 or is deemed to be cancelled under sub-section (3) of that section (2) a registered trade union of employees shall not be eligible to apply for certification as j1egotiattng agent, associate union or local union-s (ii) if it has not been functioning as a registered trade union-(i) where the application is for certification as local union for the benefit of the employees of the local unit concerned; or (ii) in other cases for the benefit of the employees of the negotiating unit concerned, 10 for a period of at least one year immediately preceding the date of making such application; or (b) if there is a finding of a tribunal that such trade union of employees has indulged in an unfair practice and a period of not less than six months has not elapsed after the date of such finding j s s1 (1) the central government, or the appropriate government, as the case may be, shall, after giving the appllcant and any other registered trade union of employees which is desirous of being heard, a reasonable opportunity of being heard and after making such further enquiry as it deems fit entertain the application if it complies with the provisions of section 55 and is not barred by sub-section (1) 01 section ~o 56 and the registered trade union of employees is not ineligible to apply for certification as negotiating agent or local union as the case may be, under sub-section (2) of section 56 ref  rence of lipplication to tribunal for certification of negotiating ajedt or loeal uniob (2) the central government or the appropriate government, as the case may be, on entertaining an application by a registered trade union 2s of employees for certification as negotiating agent, shall after giving the applicant and any other registered trade union of employees, which is desirous of being heard, and the employer or employers concerned a reasonable opportunity of being heard decide whether having regard to the matters referred to in the first proviso to clause (26) of section 2 30 it is necessary or expedient to constitute a negotiating unit consisting of two or more industrial establishments or undertakings or two or more units, branches or offices of the same industrial establishment or undertaking (3) where the central government or the appropriate government, 3s as the case may be, is of the opinion that having regard to the matters referred to in the first proviso to clause (26) of section 2, it is not necessary or expedient to constitute a negotiating un;t as referred to in subsecuon (2) that government shall-(4) where the appucauoil referred to in eub-aectlon (2) hu 40 been made to the central government and that government is not the appropriate government, return such application for preeentatlon to the state govemment; or (b) where such application has been made to the appropriate govemment, refer it to the tribunal for certifying a negotiatin, -t (4) where the central government or the appropriate governmqnt, a5 the case may be, is of the opinion that having regard to the matters referred to in the firs~ proviso to clause (26) of section 2 it is nece~sary or expedient to constitute a negotiating unit consisting 'of two or tno"e 5 industrial establishments or undertakings or two or m'1>re units, branch~s or offices of the same industrial establishment or undertaking-(a) if such negotiating unit has already been constituted, refer the application referred to in sub-section (2) to the tribunal for certifying a negotiating agent in relati~n to the employees of 10 the negotiating unit; or ('b) if no such negotiating unit has already been constituted, that government may, by notification, constitute or re-constitute, as the case may be, a negotiating unit co'nsisting of-(i) all the establishments wherein any industry specified in is such notification is carried on, or all undertakings of such establishments, situated in the area specified therein; or (ii) all the units, branches or offices of the same industrial establishment or undertaking, situated in different places, and thereafter refer the application to the tribunal for certifyinr _ 20 a negotiating agent in relation to the employees of such negotiating unit: provided that where the application has been made to the central government and that government is not the appropriate government, if, having regard to the matters referred to in the first proviso to 25 clause (26) of section 2, that go'vernment is of the opinion that it is not necessary or expedient to constitute a negotiating unit consisting of two or more industrial establishments or undertakings, or two or more units, branches or offices of the same industrial establishment or undertaking situated in more than one state that government shall return the 30 application to the applicant for presentation to the concerned state government (5) the central government or the appropriate government, as the case nuly be, shall on entertaining an application by a registered trade union of employees for certification as the local union in relation to the 35 employees of a local unit decide whether it is necessary or expedient to certify a registered tl'ade union of employees as local union in relation to such employees for the effective representation of such employees in regard to the matters referred to in clause (4) of section 69 and if it is of the opinion that it is necessary or expedient so to do, it shall refer 40 the applieation  to the tribunal for certifying ~ ~ union in relat!on to such employees; and i1 it is not of such opinion 1t ruul reject ~e application: provided that no application shall be referred to the tribwlal or rejected under thil sub-section without giving the applicant a reasonable 4s opportunity of being heard 58 (1) where, under sub-section (4) or sub-section (5) oj section 57, the central government or appropriate government, as the case may b~, refers an application for the certification of a registered trade union of employees as negotiating agent or local union to the tribunal, it shall direct that the support for the registered trade union or trade unions of 5 employees carrying on its or their activities for the benefit of such employees shall, for the purpose of certif~ing such trade union as negotiating agent, associate union or local union, be determined by the verification of the membership of such trade union or trade unions or by secret ballot and the tribunal shall determine the support for such trade union 10 or trade unions in accordance with such direction manner of determining suppor1 for registered trade union of employees for certifying negotiating agent, associate union or local union (2) in making any direction under sub-section (1) in regard to the manner of determining the support for any registered trade union or trade unions ot employees carrying on its or their activities for the benefit of the employees of a negotiating unit or local unit, the central gov- 15 ernment or the appropriate government as the case may be, shall have regard to the extent of trade unionization among such employees and the ratio of the number of such employees who are members of the registered trade union of employees which has made the application for certification as negotiating agent or local union, to the total number of such em- 20 ployees 59 (1) the tribunal to which the application is referred under section 57 shall obtain from the registrar particulars of the trade union or trade unions carrying on its or their activities for the benefit of the employees concerned 25 proce_ dure for enquiry ty tribunal (2) the tribunal shall thereafter cause a notice specifying the date of hearing of the application to be served in such manner as may be prescribed on the applicant and on each of the other registered trade union, or trade unions, of employees, if any carrying on its or their activities fer the benefit of the employees concerned 30 (3) the notice to be served under sub-section (2) on each of the other trade unions referred to in that sub-section shall be accompanied by a copy of the application (4) the tribunal shall also cause the notice and a copy of the application to be affixed-35 (a) in the case :>f an application for certiflcation as negotiating agent, on the notice board of the industrial establishment or undt-rtaking or unit, branch or (·ffice of the same industrial establishment or undertaking or as the case may be, each of the industrial elh!blishments or undertakings or units, branches or oftices ·of the kame 40 industrial establishment or undertaking, constituting the negotiating unit; or (b) in the case of an application for certiftcatidn as loealu~n,  on the notice b:>ard of'the concerned industrial establishment or undertaking or unit branch or office of the same industrialest8blish- 45 ment or undertaking, as the case may be (5) subject to the· provisions of this 88ction, the tribunal shall enquire into the application in accordance with web procedure as may be prescribed (6) f,~r the purpose of enquiring into any application referred to it under s~tion 57, the tribunal may direct the registrar to furnish any informaticn or produce any document which is in the possession of the registrat and the registrar shall comply with such direction within such 5 time as may be allowed by the tribunal 60, (1) where the tribunal, after ascertaining the support for the applicant and the other registered trade unions of employees which have appeared before it in pursuance of the notice under sub-section (2) or sub-section (4) of section 59 and after making the enquiry under sub-10 section (5) of that section finds that the registered trade union of employees which has applied under sub-section (1) of section 54 for certification as sole negotiating agent or chief negotiating agent or any other registered trad€' union of employees which has appeared before it in pursuance of the, notice under sub-seclon (2) or sub-section (4) of sec-is tion 59 satisfies-certill cation of registered trade union of e'mplo_ yees a8 negotiating alent, associate union or local un'on (a) the condition specified in sub-section (1) of section 52; or (b) the condition specified in sub-section (2) of that section, the tribunal may certify suc}'! registered trade union of employees as sole negotiating agent or chief negotiating age'nt, as the case may be 20 explanation-for the removal of doubts it is hereby declared that a registered trade union of employees which has applied for certification as sole negotiating agent in relation to the employees of a negotiating unit may, in case it is not eligible to be certified as sole negotiating agent; be certified as chief negotiating agent in relation to such em-25 ployees if it satisfies the conditions therefor referred to in this subsection (2) where the tribunal, after the enquiry under suo-section (5) of section 59, finds that there are two or more registered trade unions of employees carrying on their activities among the employees of a nego-30 tiating unit and one of such trade unions of employees is certified by the tribunal as the chief negotiating agent in relation to such employees, the other such registered trade union or registered trade unions of employees shall be certified by the tribunal as associate union or associate unions if such reg:stered trade union or registered trade unions of 35 employees satisfies pr satisfy the condition specified in sub-section (4) of section 52 (9) where the tribunal, after ascertaining the support of the registered trade' union of employees which bas applied for certification as local union in relation to the employees of a local unit and of the other 40 registered trade unions of employees which have appeared befort" it in pursuance of the notice under sub-section (2) or sub-section (4) of section 59 and after making the enquiry under sub-section (5) of that section finds that the registered trade union of employees which has made the application or any of the other registered trade unions of employees 45 satisfies the conditions specified in sub-section (5) of section 52, the tribunal hall certify such trade union of employees as local union in relation to the employees of such local unit  61 (1) where in relation to the empl()yees of a negotiating unit-negotiat_ ing committee (a) in case such negotiatl1g unit consists of two or more industrial establishments or undertakings, or two or more lulits, branches or offices of the same industrial establishment or undertaking situated in more than one state, the central govern- ·5 ment; or (b) in other cases, the appropriate government, is of the opinion that there is no registered trade union of employees carrying on its activities for the benefit of sueh employees or the registered trade union of employees or, if there are two or more regis- 10 tered trade unions of employees, none of such trade unions of employees has the support of more than fifty per cent of such employees,  the central government or the appropriate government, as the case may be, may direct the tribunal specially authorised in this behalf by the appropriate government to proceed to hold elections, by secret ballot, is among the employees, of such negotiating unit who are entitled to take part in such election under sub-section (2) of section 53, to constitute a negotiating committee to represent such employees (2) the negotiating committee constituted in relation to the employees of a negotiating unit shall consist of a chairman and such 20 number of other members as may be specified by the central government or the appropriate government, as the case may be, and in specifying the number of the members of the negotiating committee, the central government or the appropriate government shall have due regard to the total number of employees of the negotiating unit 25 and the total number of registered trade unions ot employees carrying on their activities for the benefit of, such employees (3) subject to the other provisions of this act, the manner of the election of the chairman and other members of a negotiating committee, the persons qualified to stand for election, the disqualiftcations for being 30 chosen as and for being such chairman or other member, the manner of settlement of disputes relat:ng to the election and the filling up of casual vacancies shall be such as may be prescribed (4) any registered trade union 01 employ-ees carrying on its activiti~ for the benefit of the employees of a negotiating unit shall be 35 entitled to put up candidates in the elections to the ofbce of the chairman and other members of the negotiating committee constituted for such negotiating unit (5) the procedure to be followed for the transaction of business of the negotiating cgmmittee (including the quorum for its meetings) 40 sha 11 be such as may be prescribed  (6) no act or proc~ of the negotiating committee shall be deemed to be invalid by reason only of any vacancy in, or any dflfect in the constitution of, the negotiating committee (7) as soon as the chairman and other members ot a negotiatinl45 committee have been e1ected, the tribunal which conducted the e1ecttmw for choosing the chairman and other members of the negotiating ~ miuee shall certify it 88 the sole negotiating agent in relation to tbe employees of the ne~ting unit 12 ,where the tribunal certifies a registered trade union of employees as sole negotiating agent, chief negotiating agent, associate union or local union or a negotiating committee as sole negotiating agent it shall enter th~ particulars of such registered ~rade union of empl~yees or ,5 tl~gotiatirig committee, and the fact of its certification as sole negotiating "a,~cnt, chief negotiating agent, associate union or local union in a regis-,ter kf:pt in that behalf and issue a certificate in respect of its certiftca-'fiatt to such registered trade union of employees or negotiating committee, as the case may be enterinl particu lnra of certification in re,mer and communi cation ot certulcation ot negotiatina a,ent, ll8iociate union or local union 10, 63 whej"e-(1) a registered trade union of employees has been certifted- (a) as negotiating agent, or associate union in relation to the employees of a negotiating unit; or copiesot certificate to be folwarded to emplo_ yer concerned (b) as local union in relation to the employees of a local unit; or 15 (2) a negotiating committee has been certified as sole negotiating agent in relation to the employees of a negotiating unit, then, the tribunal so certifying shall forward a copy of the order of certification- ' zo (i) in the case referred to in subo-clause (a) of clause (1) or clause (2) to the employer or each of the employers in relation to the industrial, establishment or undertaking or industrial establish ments or undertakings or unit,  branch or office or units, brant'hes or offices, of the same industrial establishment or undertaking, as '" the case may be, constituting the negotiating unit; or (ii) in the case referred to in sub-clause (b) of clause (1) to the ,employer in relation to the local unit, and also: where the negotiating unit was constituted by the central government to that government and, in other cases, to the appropriate '30 government 64 (1) every certification of a registered trade union of employees as negotiating agent, associate union or local union or of a negotiating committee as sole negotiating agent sha~ subject to the provisions of 8u~ sections (2) and (3) be in force for a period of two years from the date '35 of such certification: ',i' provided that'notwithstanding the expiry of the aforesaid period of two years, the certification of a registered trade union of employees as -, iole negotiating agent, chief negotiating agent or of a negotia~u1g com--"mittee as sole negotiating agent shall continue to be in force-| term       | tor    ||------------|--------|| which      |        || certiftea- |        || uon        |        || of         |        || negotiat-  |        || ing'agent  |        || shall      |        || be         |        || vahd       |        || and        | can-   || cellation  |        || of         |        || certifi-   |        || cation    |        |(a) until a registered trade union of employees or negotiating committee is certified for the next following term as sole negotiating agent in relation to the employees of the negotiating unit;· or (b) until a registered trade union ofiemployees is oertiaed a chief negotiating agent in relation to such employees for the next following term , (2) the tribunal, which certified a registered trade union o£ emp,loyees as negotiating agent associate union or local union, may cancel 5 such certification, if, after giving such trade union of employees a reasonable opportunity of being heard and making such enquiry as may be pracribea, the tribunal is satisfied that such registered trade union of el'jlployees obtained the certification as such negotiating agent, associate union or local union by fraud or misrepresentation 10 (3) where the registration of a trade union of employees, which has been c~rtified as the sole negotiating agent chief negotiating agent, associate union or local union, is cancelled under bub-section (1) or subsection (2) of section 26, the certification of such trade unt~ as sole negotiating agent, chief negotiating agent, associate union or local union, rs as the case may be, shall be deemed to have been cancelled   (1f) where the certification ot any registered trade union of employees as chief negotiating agent in relation to the employees of any negotiating unit is cancelled or is deemed to be cancelled, the certification of any other registered trade union or registered trade unions of 20 employees as associate union in relation to such employees shall be deemed to be cancelled (5) a copy of every order under sub-6ection (2) shall be fql'warded to the employer or employers, as the case may be, to whom copy of the order certifying the registered trade union of employees as negotiating 2s "gent, associate union or loeal union would have been forwlwed under section 63 and also-(a) where the negotiating unit was constituted by the central ~vernment, to that government; and (b) in other cases, to the appropriate government 30 66 when the certification of a registered trade union of employees as negotiating agent, associate union or local union is cancelled or deemed to be cancelled under sub-section (2) or sub-section (3), as the case may be, of section 64, the tribunal shall make an entry to that effect in the register referred to in section 62  3s htryid reliater of cancellation of cerwlcatioa 66 where-employer bouqd to ncoiniae aecotijt (4) any registered trade union of employees has been certified as negotiating agent or associate union or a negotiating committee has been certified as sole negotiating agent in relation to the employees of a negotiating unit;' 40 idca~nt, ~te ~ qd'loc!a1 aniqd (b) a registered trade union of employees has been certified as a local union, in relatien to the employees of a local' unit; the employer or employers, as the case may be, employing such employees shall, so long as such certification cootinues to be in force, re-, cognise-45 (i) the registered trade union of employees teferredto in clause , (4) as negotiating agent or associate union or the ne,atiatldg committee as sole negotiating, agent; or (ii) the registered trade union of employees referred to in clause (0) es local union  rightaot negotiating agent • (1) a registered trade union of employees certified as sole negotiating agent or chief negotiating agent, is the case may be, under sub-s section (1) of section 60 or a negotiating committee certified as a sale befottating agent under sub-section (7) of section 61 shall be entitled-(a) to raise disputes with the employer or employers in relation to the industrial establishment or undertaking or industrial establishments or undertakings, or unit, branch or office, or units, branches or iq oftices of the same industrial establishment or undertaking, as the case may be, constituting the negotiating unit, in regard to general questions concerning employment or non-employment or terms of employment and conditions of labour of the employees of the negotiating unit and enter into agreements with such employer or em-is players, as the case may be, in pursuance of negotiations under section 97 or conciliation under section 98 or to agree to refer such· disputes for arbitration under section 100 or adjudication under sectioll 101; (b) subject to the other provisions of this act, to (:a11 for a 20 strike; (e) to obtain from the employer such accommodation for its oftlce as the employer is capable of providing; (d) to put up or cause to be put up a notice board on the premises of the industrial establishment or undertaking or each of the 25 industrial establishments or undertakings, or unit, branch or office or, each of the units, branches or offices of the same industrial establishment or undertaking, as the case may be, constituting the negotiating unit, and affix or cause to be affixed thereon, notices relating to meetings, statement of accounts of its income and expenditure and 30 ethel' statements or announcements other than statements or announcements which are subversive of discipline; (e) to hold discussions after prior intimation to the employer concerned with the employees of the negotiating unit within the premises of the industrial establishment or undertaking or any of the 3s industrial establishments or undertakings or unit, branch or office qr any of the units branches or offices of the same industrial establishment or undertaking constituting the negotiating unit, at such place as shilll be allowed by the employer concerned: provided that s\lch discussions shall not interfere with the due 40 working of the industrial establishment or undertaking; (i) to hold discussions with the employer or employers concerned or any person nominated by such employer or employers or with the representatives of a trade union of employers, for the purpose of redressing any grievance of all or any of the employees of the nego-45 tiating unit; (g) to hold discussions with the employer in relation to tht! industrial establishment or undertaking or any of the industrial establishments or undertakings or unit, branch or office or any of the units, branches or offices of the same industrial establishment or undertaking, constituting the negotiating unit, regarding the state of finance and economy of such industrial establishment or undertaking; - c' (h) to seek and receive as and when required information in rer gard to the finance and economy of such industrial establishment or 5 undertaking so as to enable such negotiating agent to make suaeations and proposals in order to safeguard the interests of the employees of such industrial establishment or undertaking or of the industrial establishments or undertakings or the public; (i) for the purposes of effectively discharging its functions under 10 this act, to inspect, by prior arrangement with the employer concerned, books of account maintained in the industrial establishment or undertaking or any of the industrial establishments or undertakings or the unit, branch or office or any of the units, branches or offices of the same industrial establishment or undertaking constitut- 15 ing the negotiating unit; (j) to nominate representatives of employees on grievance s(~ tlement authority constituted under rules made under this act; (k) to nominate representatives on behalf of employees on any body whether or not established by or under this act, in relation to 20 the negotiating unit and consisting of representatives of employees; (1) to represent all or any of the employees ·of the negotiating unit before any authority under this act; (m) in the case of a registered trade union of employees certifled as negotiating agent, to collect sums payable by the members 2~ thereof to such registered trade union of employees either directly or by the check-ofl' system; and (n) to exercise such other powers conferred on it by or under this act: provided that a negotiating agent shall not disclose any infonnation 30 obtained by it under clause (h) or in pursuance (if inspection of books of account under clause (i) to any person for any purpose other than for the purpose of properly discharging its functions under this act (2) a registered trade union of employees certified as chief negotiating agent in relation to the employees of a negotiating unit shall be en- 3s titled to exercise all the powers referred to in sub-section (1) notwithstanding that any or all of the registered trade unions of employees certified as associate unions in relation to such employees neglects or refuses to associate themselves with the exercise of such powers by such chief negotiating agent 40 88 the registered trade union of employees certified as an 8fi~~ciate union under sub-section (2) of section· 60 shall be entitled- rilhtaof auociate lnlona (a) to be associated with the chief negotiating agent in negotiation with the employer or employers, !lsthe case may b~or conciliation proceedings in regard to the matters specified in clause (a) ~ of sub-section (1) of section 67:  ,pr9vided that any settlement ~rrived at in pursuance of such negotiation or conciliation shall be signed only by the representatives of the chief negotiating agent; (b) to collect sums payable by members of the assocfate union s  either direetly'or by the cheek-off system; (e) to hold discussions with the employer concerned in regard to individual disputes for the settlement of such disputes; (d) to represent the employee or employees concerned in an individual dispute before the grievance ,settlement authority or the 10 labour court • a registered trade union of employees certifled as a local union hight 01 under sub-section (3) of section 60 in relation to the employees of a local local unit shall be entitledunion (a) to raise disputes with the employer in relation to such local unit in regard to matters exclusively of interest to any employee or employees of such local unit and to arrive at settlements either in pursuance of negotiations under section 97 or conciliation under section 98 or to agree to refer the dispute for arbitration under section 100 or adjudication under section 101: 20 provided that a local union shall not raise disnutes in regard to any matter which has, or is likely to have repercussions on the general conditions of service of the employees employed in two or more industrial establishments or undertakings or units, branches or offices of the same industrial establishment or undertaking constituting the negotiating unit: provided further that where any provision of any settlement arrived at by a local union in relation to the employees of a local unit either in pursuance of negotiations under section 97 or conciliation under section 98, is not consistent with any provision of any settle-30 ment arrived at by the negotiating agent in relation to such employees also, either in pursuance of negotiations under section 97 or conciliation under section 98, the provision of the settlement arrived at by the negotiating agent (whether such settlement is arrived at before or after the settlement arrived at by the local 3s union) shall prevri] and the provision of the settlement arrived at by the local union shall, to the extent of the inconsistency, be void; (b) to collect sums payable by members to the local union either directly or by the check-off system; and  (c) to be associated with the chief negotiating agent, where the 40 employees in relation to whom such chief negotiating agent is certified includes employees of the local unit in relation to whom such local union is certified, in discussions with the employer regarding industrial disputes or other matters of interest confined only tp the employees of such ~ocal unit 4s 70 any registered trade union of employees whicll is not certified as a soj~ iwgotiating agent, chief negotiating agent, associate union or 10caj union under section 60 shall be entitled to represent the employee  ()r emplo~s concerned in an individual dispute bef<ore the grievance sett1ementauthority or the labour court, if such employee or employees rights of other registered trade unions oil em ployees so is or are its member or members 11 during the period when 'py employee continues to be an officebearer of any repstered trade union of employees certified as negotiating agent, associate union or local unidn or continues to be the chairmml or other member of a negotiating committee and fur a further period of five years immediately after he oeaaes to be such oftice-dearer or chair-s man or member, the employer in relation to such employee shall not-(a) alter to the prejudice of such employee the coaditiona of service applicable to him immediately before he became such officebearer, chairman or member; or (b) discharge or punish (whether by dismissal or otherwise) 10 any such employee for anything done by him as such oftlce-bearer or chairman or member, not being anything done in contravention of any provision of this act or any other law protec_ tion of conditions of service of ofbcebearer8 of registered trade union of employees certified as nelotiating ageat, associate union or local uftioll and chairman anc:i members of negotiating committee  chapter v standing ordersis applicatien of chapter 72 the provisions of this chapte~ shall oot apply to any industrial establishment or undertaking,-(a) which ordinarily employs less than fifty employees; or (b) which, during the period of twelve months immediately preceding the commencement of this act, ordinarily employed less 20 than fifty employees: provided that the appropriate government may, after giving not less than two months' notice of its intention so to do by notification, apply the provisions of this act to any industrial establishment or undertaking employing sllch number of persons, less than the number specified in 2s clause (a) or clause (b), as may be specified in the notification , 73 (1) the central gevernment shall, by notification, make standing orders t:> provide for the following matters, namely:-making of stand_ ing orders (a) classification of employees, that is to say, whether })ermanent, temporary, apprentice probationers, badlies; 30 (b) conditions of service of employees, including matters relating tattle issue of orders of appointment of employees, procedure to be followed by employees in app1rtng for, and the authority which may grant, leave and holidays; (c) misconduct of employees, enquiry into such miseonducl and 35 punishment therefor; (d) superannuation of employees; and (e) shift working of employees, and the provisions of such standing orders shall, subject to the provt  lions of sub-section (2), be in operation in every industrial establfib- 40 ment and undertaking to which this chapter appjies whether or not 1he central government is the approprjate government in relation too sueb industrial establishment or undertaking erplanation-for the purposes of clause (a), section 82 and the fourth schedule "badli employee" means an employee who is employed in an industrial establishment or undertaking in the place of another employee whose name is bome on the muster rolls of such establishment 5 or undertaking" as the case may be, who shall :ease to be regarded as such for the purposes of the provillions aforesaid if he has completed one year of continuous service in the industrial establishment or under~ taking, as the case may be (z) the provisions of standing orders made udder sulhection (1) 10 may be modifted by the employer, in relation to ally industrial establishment or undertaking, if an agreement is entered into by him with the negotiating agent in relation to the employees employed in such indulptrial establishment or undertaking for such modification: p!'ovicmtd that where any ul'lit, branch or office of an industrial estab-is' llshment or undertaking is a negotiating unit, the agreement between the employer in relation to sucll unit, branch or offic~ and the negotiating agent in relation to the employees employed therein, any such modfft· cation shall apply only to such unit, branch or otbee: provided further that no provision of the standing orders shall be 20 modifted if the proposed modification preljudicially affects the employees concerned interpretation, etc, of standin orders  74 if any question arises as to the application, or interpretation of the standing orders made under sub-section (1) of section 73 or the modifications made therein by an agreement entered into under sub-25 section (2) of that section, the employer or any employee or employees  concemed or the negotiating agent in relation to the employees employed in the industrial establishment or undertaking, or untt, branch or oftlce of an industrial establishment or undertaking, wherein the question has mised may apply to the laoour court, within the local limits of whose 30 territorial jurisdiction such industrial establishment or undertaking or uftit branch or oftice is situated, to decide the question and the labour court shall, after giving all the parties concemed a reasonable opportunity of being heard, decide the question and such decision shall be hal: 3s prcmdeci that where a negotiating unit consists of mon! thad one unit, branch or oftice of the same industrial establishment or undartakillg 'atld the question aforesaid has arisen between the employer in relation to such industrial establishment or undertaking and the employees emplofed in two or more units, branches or oftk:es of tnat industrial eetab-40 lisbment or undertaking, the application to decide the question shall be made to the labour court within whose territorial jurisdiction the head office of such industrial establishment or llnqertaking is situated 75 (1) where any employee is suspended by the employer pending investigation or enquiry into compwnts or charges of misconduct against 4s him, such investigation qr enquiry or where there is an investigation followed by an enquiry, bortlh the investigation and enquiry shall be completed ordinarily within a period of ninety days from the date of suspension (2) the standing orders made under sub-eectlon (1) of section 73 or so modified under sub-sectlon (2) of that section shall provide that where an employee is suspended as aforesaid the employer in relation to an industrial establishment or under!taking shllu pay to such employee employed in such industri&1 establilhmefti or undertaking suhsiateaa:e allowance at time lidda far ,omple tioll of ctiiciph-na7 proceedings and liability to pay subaia tence allowance the rates specified in sub-section (3) for the period during w~ich such employee is placed under suspension pellding invest4gationor enquiry into compladnts or charges of misconduct against su~h employee (j) the amount or subsistence allowance payable under sub-section (2) shall be-5 (a) fifty per cent of the ~ages which the employee coneemed was in receipt immediately preceding the date of suspension, for the first thirty days of suspension; c (b) seventy-five per cent of such wages for the next thirty days of suspension; and 10 (c) full wages for the remaining pbft of the period of suspension: provided that where ihe delay in the completion of disciplinary proceedings against the employee is directly attributable to the conduct of \such" emplqyee, the rates of subsistence allowance payable to sij,ch employee for any period after the expiry of the first period of thirty days is of suspension shall be le than the rates specitied in this sub-section f<lr such period, by twenty-five per cent of the rates sq specified (4) if any doubt or dispute arises regat'ding the quantum or rate of subsistence allqwance payable to an employee under this section, the employee or the employer concerned may apply to the labour court within 20 !the local jirnits of whose jurisdiction the indwfrial establishment orr undert'aking or unit, branch or office of an industrial establishment or undertaking wherein such employee is employed i~ situate, ,and the decision of the labour court shall be final laying of btandin, order before the houses of parliament 76 every standing order made by the central government under 8ub~ 2s section (1) of section 73 shau be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period ~ tjurlydays, which may be comprised in one sesaion or, in tw-o qrinore  suqcessive sessions, and if, before the expiry of the seqion ~ediately following the session or the s~essive sessions aforesaid, both houses 30 agree in making any modifb:ation in the standini order or qoth houses agree that the standing order shotuld not be made, t:hie ~cijnlj ol'der shall thereafter have effect only in such modified form or be of no ~t, as the qase may be; &0, however, that ~ such modification ~ ~ul­ment shall be without prejudice to the validity of, anything previously 3s done under that standin& order chapter vi procedure pod change in terms of employment and conditions of labour and regulation of conditions of zmploymznt bt govbrnmlln':, 77 (1) where an~loyer proppses to effect any change in the 40 terms of employment or conditions of labour applicable to any employee in respect of-notice of change of terms of employmet and eoddi-tjmai·of labour (a) hours of work and rest interval;  (b) withdr,wal of any customary concessi~ns 'or priv~~ge or change in usage; or , 45 (c) any increase or reduction (other than casual) in the number of persons employed or to be employed in any occuptltion or process or department or shift (not: occasioned by : circums~~es over which the employer has no control), be • hall not e1fect such ~hange-50 (i) without giving"to the employee likely to be afteeted by ilich change a notice in the prescribed manner of the nature of the chanie proposed to be effected; or (it) within twenty-one days of the giving of such notice (2) the employees affected by such change or the negotiating agent s in relation to such employees may object to the proposed change in the conditions of employment and, where the employer and the employees do not agree to the proposed change the provisi'ons of this act shall apply in relation to such dispute as they apply in relation to any other industrial dispute 10 (3) notwithstanding anything contained in sub-section (1), no notice shall be required under sub-section (1) for effecting any change where the change is proposed to be affected in pursuance of any settlemmt or award of an arbitrator or a labour court, tribunal or the national commission is (4) in respect of any matter relating to terms of employment or conditionsof labour applicable to any employee, other than a matter referred to in sub-section (1), no employer shall, subject to the provisions of subsection (1), effect any change unless the employees likely to be affected by the proposed change have agreed to it by a settlement arrived at 20 by such employer and the negotiating agent (5) where the employer and the negotiating agent fail to arrive at a seltlement in regard to any change in respect of any matter relating to terms of employment or conditions of labour to which sub-section (4) applies or the negotiations to arrive at a settlement continue for a 2s period of more than sixty days, the employer and the negotiating agent shall forward, jointly or separately in the prescribed manner a report to the conciliation officer, having jurisdiction in relation to the dispute, regarding the failure of the negotiations or the continuance thereof as aforesaid and the facts of the dispute 30 (6) the provisions of this act, except section 94 and section 112 shall apply in relation to any dispute referred to in sub-section (5) as they apply in relation to any other industrial dispute (7) no change in respect of any matter relating to the terms of employment or conditions of labour to which sub-section (4) applies shall 3s be made ejreept after and in accordanc? with t~e settlement referre~ to in that sub-section or a settlement arrived at in the course of conciba-, tion under section 98 or the award of an arbitrator or of a labour court, tribunal or the national commission, as the case may be 18 (1) notwithstanding anything ('ontained in section 77, during the 40 pendency of any conciliation proceeding before a conciliation officer or of any proceeding before an arbitrator or a labour court or a tribunal or the national commission in respect of an industrial dispute, no em· ployer shall-| terms       ||-------------|| employ-     || ment, etc, || to          || remain      || un-         || ellanged    || under       || certain     || cit'cuiiw-  || tancel     |(ii) in regard to any matter connected with the dispute, alter, 4s to the prejudice of the employees concerned in such dispute, the terms 01 employment or conditions of labour applicable to them immediately before the commencement of such proceeding; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any employees concern-so ed with such dispate, ave with the express 111!rtnission, in writing, of the authority before which the proceeding is pending (!") during the pendency of any proceeding referred to: in 8ub-seetion (1) in regard to an industrial dispute, the employer may, subject to the other provisions of this act-(a) alter, in regard to any matter not connected with the dispute, the terms of employment or conditions of labour applicable to 5 that employee immediately before the commencement of such proceeding; or (b) for any misconduct not connected with the dwpute, diecharce or punish, whether by dismissal or otherwise, that employee: provided that no such employee shall be discharged or dismissed, 10 unless he has been paid wages for one month and an application has been made by the employer to the authority ,before which the application is pending for the approval of the action taken by the employer (3) where an employer c9ntravenes the provisions of this section during the pendency of any proceeding referred to in sub-section (1), any i~ employee aggrieved by such contravention, may make, a complaint in writing, in the prescribed manner to the authority before which such proceeding is pending, and such authority shall, on receipt of such complaint, adjudicate upon the complaint and in so doing the authority shall have all the powers conferred by or under this act on a labour court 20 while adjudicating an individual dispute reaulation of conditiona of employ_ mentby government 79 (f) where it appears to the appropriate government that an industrial dispute exists between an employer in relation to an industrial establishment or undertaking and the employees employed therein and in respect of such industrial dispute that government has received a re 25 port regarding the failure of conciliation proceedings under sub-section (5) of section 98, the appropriate g:lvernment, ,if it appears to that government that in the public interest it is necessary to make provision in regard to all or any of the following matters, it may, by general or special order notified in the official gazette, make provision-30 (a) prohibiting, subject to the provisions of the order, strike or lock-out in connection with such industrial dispute in any industrial establishment or undertaking, other than an industrial establishment or undertaking wherein any industry which is an essential service is carried on or any undertaking of such industrial establishment; 35 (b) requiring employers, em!=lloyees or both to observe such terms a'ld conditions of employment (including terms and conditions relating to work load and manning, wages and payment of interim or ad hoc bonus) as may be specified by, or datermine<1 in ac:oordance with, the order; 40 (c) requiring any industrial establishment or undertaking or any part thereof not to close or remain cloeed or stop production; (d) requiring/the employees not to slow down work or continue to slow down work; (e) requiring any industrial establishment or undertaking not 45 to suspend, or terminate the services of, any employee or any class of' employees; and (1) any incidental or supplementary matter which appear to the apptopriate government to be necessary or expedient for the purpose of the order: so p~vided that no order made under clause (b) shall require an employer to observe terms and conditions of employment, less favourable to the employees than those which were applicable to them at any time within ninety days preceding the date of the order s (2) where such industrial dispute is referred to tor arbitration under sectioa 100, the order made under sub-section (1) shall-(a) in so far as it makes provi~;on in respect of matters referred to in clause (a) of that sub-section, cease to be in force on the date on which such reference is made [such cesser being without pre-10 judi<:e to the provisions of sub-clause (ii) of clause (d) of sub-section (2) of section 89 or sub-clause (ii) of clause (d) of sub-section (7) of that section]; and (b) in so far as it makes provision in respect of matters referred to in clauses (b), (c), (d), (e) and (j) of that sub-section cease to is be in force with effect from the date on which the award of the arbitrator in regard to such industrial dispute comes into operation (3) where such industrial dispute is referred to a labour court, tribunal or the national commission under section 101 or section 104, as the case may be, the order made under sub-section (1) shall-20  (a) in so far as it makes provision in respect of matters referred to in clause (a) of that sub-section, cease to be in force on the date on which such reference is made [such cesser being without prejudice to the provisions of sub-clause (ii) of clause (d) of sud-section (2) of section 90 or sub-clause (ii) of clause (d) of sub-section 25 (7) of that section]; and (b) in so far as it makes provision in respect of any matter referred to in clauses (b), (c), (d), (e) and (f) of that sub-section cease to be in force-30 35 (i) on the expiry of a period of ninety days from the date on which the industrial dispute is referred to the labour court, tribunal or the national commission; or (ii) where before the expiry of the aforesaid period of ninety days, the labour court, tribunal or the national commission makes an award granting interim relief in respect of any such matter, on the date with effect from which such interbn award becomes enforceable (4) where such industrial dispute is not referred to for arbitration under seeti()ft 100 or for adjudication to the labour court, tribunal or thel nati0ll'181 cmnmission· under section 101 or section 104, as the case may 40 be, before the expiry of a period of six months from the date on which the order made under su\:)section (1) is notified, the order shall cease to be in force on the expiry of such period  chapi"er vii l\y-<>ff, re'1'renchment and closure45 80; ·in this chapter "continuous service", in relation to an employee, definimeans the uninterrupted service of such employee, including his service tion of  of 'elm th bed 1 contlnuou which may be interrupted on account sl ess or unau or eave _i_ ti se,-y  or an accident or a strike which is not illegal or a lock-out or a cessa on of work which is not due to any fault on the part of the employee explcmation i-where an employee is not in continuous service within the meaning of this clause for a period of one year or six month  , he shall be deemed to be in continuous service under an employer-10 (a) for a period of one year, if the employee during a period of twelve calendar months preceding the date with reference to 6 which calculation is to be made has actually worked under the employer for not less than-(i) one hundred and sixty days in the case of an employee employed below ground in a mine; and (ii) two hundred days, in any other case; (b) for a period of six months if the employee during a period of six calendar months preceding the date with reference to which calculation is to be made has actually worked under the employer for not less than-(i) eighty days in the case of an employee employed below is ground in a mine; and (ii) one hundred days, in any other case explanation-for the purposes of explanation 1, the number of days on which an employee has actually worked under an employer shall include the days on which-20 (i) he has been laid-off under an agreement or as permitted by or under this act or any other law applicable to the industrial estab· lishment or undertaking; (ii) he has been on leave on full wages earned in the previous years; 25 (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and rights ofemployee laid-oft tor compen aation and duty of ~lnployer to maintain muster roll ofemployee notwithstandln, ja7'~ft (iv) in the case of a female, she has been on maternity leave, so, however that the total period of such maternity leave does not exceed twelve weeks 30 11 (1) whenever an employee whose name is borne on the muster rolls of an industrial establishment or undertaking (whether or not such establishment or undertaking is of a seasonal character or in which work is performed only intermittently) employing twenty or more persons and who has completed not less than one year of continuous service under an 35 employer is laid-off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid-oft, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the tdtal of the wages, that would hav~ been payable to him had he not been so laid-off, for the first thirty days 40 of lay-01l and thereafter compensation which shall be equal to seventyfive per cent of the total of the wages so payable: provided that employees engaged in any industrial establishment or undertaking which is of a seasonal character shall be entitled to com· pensation under this sub-eection only in relation to any lay-oft during the season in which such industrial establishment or undertaking ordi- 4s narity carries on its activity (2) no compensation shall be payable by the employer under subsection (1) to an employee who has been laid-off-(ct) if he refuses to accept any alternative employment in the so same e$tablishment or undertaking from which he has been laid-off, or in any other establishment or unde-rtaking belonging to the same ~loy~r situate in ~he same town or village or within a radius of eight kilometres :from the industrial establishment or undertaking, as the case may be, to which he belongs, and-5 (i) such alternative employment does not, in the opinion of the employer, call for any special skill or previous experience and can be done by the employee; (ii) the wages which would normally ha"e been pai4 to the employee had he not been laid-off are offered for the alternative employment also; and 10 , (iii) the acceptance of the alternative elllployment does not involve undue hardship to the employee having regard to the facts and circumstances of his case; or j5 (b) if he does not present himself for work at tbeindustrial establishment or undertaking at the appointed time during normal working hours at least once a day; (c) if such laying-off is due to a strike or slowing 'down of production on the part of employees in another part of the industrial establishment or undertaking (3) notwithstanding that employees in any industrial establishment 20 or undertaking have been laid-off, it shall be the duty of every employer to maintain for the purpose of this chapter a muster roll and to provide for the making of entries therein by employees who may present themselves for work at the establishment or undertaking at the appointed time during normal working hours under clause (b) of sub-section (2) prohibition of lay-of! ill certain circums_ tances 2s 8z (1) no employee (other than a badli employee or a casual employee) whose name is borne on the muster rolls of an industrial establishment or undertaking (not being an industrial establishment or undertaking of a seasonal character or in which work is performed only intermittently) in which not less than one hundred employees were employed 30 on an average per working day for the preceding twelve months, shall be laid-off by his employer except with the previous permisslon of such authority as may be specified by the appropriate government by notifi  cation (hereafter in this section referred to as the specified authority) (2) nothing in sub-section (1) shall apply to lay-off of employees 35 nece8sitated by-(a) shortage of power; (b) natural calamity; (c) major breakdown of machinery; (d) strike or slowing down of production em the part of em-40 ployees in another part of the industrial establishment, or undertaking; or (e) in the case of a mine, flood, fire, excess of inflammable gas or explosion: :',provided twt where the lay-off is necessitated by the reasons referred to in clause (c), (d) or (e), the employer shan, wltb1n a period, 45 of thirty days from the date of the commencement of t~e lay-off, apply to the specified authority in the prescribed form for the approval of such lay-off i'~lanation-for the purposes of this sub-section only a break-down of machinery which cannot be :rectified within a period of seven days from the date on which the employees concerned were rendered idle od account of such break-down shall be deemed to be a major break-down of machinery and any lay-off due to a major break-down of machinery shall be deemed 1x>have commenced only on the expiry of such period of seven days ' s (3) where the employ~ (other than badli employees or casual f!mployees)' of an industrial establishment or undertaking referred to in sub-section (1) and to which chapter vb of the industrial disputes act, 1947, did not apply have been laid-off before the commencement of this 14 (if 1947, act, and such lay-oft continues at such commencement the employer in 10 relation to such establishment shall, within a period of fifteeon days from such commencement, apply to the specified authority for permission to continue the lay-ojf (4) in the case of every application for previous permission for 1ayoft under sub-section (1) for the approval of lay-off under the proviso to is sub-section (2)" or for permission to continue lay:otl under sub-section (3), the specified authority may, after making such inquiry as it thinks fit, grant or refuse, for reasons to be recorded in writing, the permission applied for (6) where an application rot' previous permission to lay-off under sub- 20 section (1) for· the approval of lay-off under the proviso to sub-section (2) or for permi&s:ion to codiinue lay-off under sub-section (3) has been made andcthe,speeified authority does not communicate the permission or approval to the employer within a period of sixty days hom the date on which the application is made, the permission applied for, shall be deem- 25 ed to have been granted on the exp!ration of the said period of sixty days (6) where do application for the previ()us permission to lay-ott under sub-sec~on (1), for the approval of lay-off under the proviso to subsection (b) or for penniion to continue lay-off under sub-section (3) has been'made or where such permission or approval has been refused, such 30 lay-oft shall be deemed to be illegal from the date on which the employees haw been laidooff and the employees shall be entitled to all the benefits und8:auyaawb the time being'iil force as if they~ad not been laid-off (7) if a question arises whether an industrial establishment or undertaking is of a seasonal character or whether work is performed therein 3s only intermittently, the decision of the appropriate government thereon shall be final 83 (1) no employee employedl in any industrial establishment oil' undertaking who has been moentinu0u8 se~ for not less than one year under, any employer shall,1)e rtrodched by that employer until-40 (4) the employee has been given-condltiona pji!-ceda for ~ trerdlment-ot 'employees (i) where such establishment or undertaking has been employing less than one hundred, persons on an average pet workin~ ~y d~ the preceding twelve !!'mnths, thirty dap' douce; and  ;  4s (ii) in ~ c~ ofany other ~dusttlal establlabnumt or undertaking, ninety days' notice, ittwtiting idgicatb:a&~,the, ~ ,for rettenc~nt and the perioct of' aotiae hat exp;red, or the employee haa beert· 'paid~ i4 nett' of' such notice, wages for the period of, notice: 'provided that no such n:otice shall be necessary if the retrench· ment is under an agreement whk-h specifies a date for the termination of service of such employee; 5 10 (~), ,in the case of an em~c>yee"employediq ,any industrial estawishment or undertaking in which not less than one hundred employees were employed on an av€rage per working day during the preceding twelve months' notice in the prescribed manner stating clearly the reasons for the retrenchment is served 011 the appropriate government or such, authority as may be specified by the appropriate go:vemment, by notification (hereafter in this section referred to as the specified authority) and the permission ':),f such government or authority is obtained under aub-section (2); an:! 15 (c) the employee has been paid, at the time o~ retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or part thereof in excess of one hundred and eighty days (2t on the receipt of a notice under clause (b) of sub-seetion (1), the appropriate government or the specified authorlty,as the case may be, may, after making such inquiry as such government or authority thinb 20 fit grant or refuse, for reasons to be recorded in writing, the perrnissio'ft far the retrenchment to which the notice relates (3) where the appropriate government or specified authority, as the case may be, does not communicate the permission or the refusal to grant the permission to the employer- within a period of ninety days of the date 25 of service of the notice untier clause (c) of 9ub-seeti()n' (1), the iippropriate government or the specified authority shall be deemed t~ have granted permission for' such retrenchment on the expiration of the said period of, ninety days (4) where at the commencement of this act, the period of notice it of 1947 30 given under clause (a) of section 25f of the in,dustrial disputes act, 1947 for the retrenchment of any employee employed in any industrial establishment or undertaking to wh'ch chapter vb of the industrial disputes act, 1947, did not apply, has not expired, the employer shall not retrench the employee but shall, within a period of' fifteen days from such com-35 -mencement, apply to the appropriate government nl" to the specified authority for permission for retrenchment of such employee (5) where an application for permissien has been made under sub section (4) and the appropriate government or the specified authority, as the case may be, does not communicate the permission or refusal to grant 40 the permission to the employer within a period ofstxty ;days 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 sixty days   (6) where ao notice under clatule(b) of sub-section (1) has been ·45 '~i~en,or whe~ no' application under'sub-aection (4) is ,made within thp 'pel'jdd specifted therein or, in either case, where 'the, permission for retrenchment has been refused, such retjrenchment shall ,be deemed to be illegal from the date on which the notiee ' retrenchment was given to the' employee and the employee shall be entftled to all the benefits under 50 any law for the time being in' force as if do sucb notice had been given to him ' procedure for retrenchment m where any employee in an indu~trial establishment or undertaking who is a citizen of india, is to be retrenched and belongs to a particular category of employees in that establishment or undertaking, then, in the absence of any agreement between the employer and the employee in this behalf, tbe employer shall ordinarily retrench the employee who s was the last person to be employed in that category, unless for reasons to be ~ecorded the employer retrenches any other employee reemploymentof retrenched employee 85 where any employees are retrenched, and the employer p'l'oposes to take into his employment any person, he shall, in such manner as may  be prescribed, give an opportunity to the retrenched' employees 10 who are citizens of india to offer themselves for re-emj1loyment and such retrenched employees who offer themselves for re-employment shall have preference over other persons computation ot the layoff and retrenment compen8ation 86 where an employer refuses or fails to pay lay-off or retrenchment compensation, as the case may be, the employee concerned may by an is ap'plication, make a claim before the labour court for computing the amount so due, and the labour court shall, after giving the employer and the employee concerned an oppc>rtunity of being heard in such manner as may be prescribed, make an award computing the amount and directing the employer to pay the same to the empl()yee 20 compensation to employees in case of transfer of industrial establish_ ment or undertaking 87 (1) where the ownership or management of any industrial establishment or undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to that establishment or undertaking (hereafter in this section referred to as the transferor) to a new employer (hereafter in this section referred to as the trans- 25 feree)-(a) every emj1loyee who has been in continuous service for not less than one year in that establishment or undertaking immediately before such ttansfer shall be entitled' to continue employment in that establishment or undertaking under the transferee on the 30 same terms and conditions of service as if such establishment or undertaking had not :t>een transferred; (b) the transferee shall be liable in respect of all the claims, wbich the employees of such industrial establishment or undertaking had against the transferor and such liability shall not be 35 extinguished by any agreement entered into by the transferee with the transferor, or the employees employed in that establishment or undertaking, or with both (2) nothing in sub-section (1) shall be deemed to prohibit the retirement of any employee on the baais of mutual agreement or in pur- 40 suance of any voluntary tetirement scheme 88 (1) no emp'loyer shall close down an industrial establishment or urtiertaking unless he has served, for previous permission, at· least ninety days before the date on which the intended closure is to become effective, a notice in the prescribed manner, on the approprlate gov- 45 ernment stating clearly the reasons for the intended closure of the industrial establishment or undertaking and obtains the permission of the app'roptiate govetnme!l;t}~ such closure: provided that not~g in this sectio,n shall apply to an industrial establishment or undertaking set up for the construction of only any conditions precedent to closure of any innus_ tria1 establishment or undertaking one plltticular building, bridge, road, canal or dam or sueh other construction work (2'): on receipt of a notice under sub-section (1), the appro}1riate government may, if it is satisfied that the reasons for the intended 5 closul!e of the iadustrial establishment or undertaking ar~ not adequate andsuftlcient or ii1:lch closare is prejudicial to public intel'est, by order, direct tm etiiployer not to dole down such establishment or undertaking i (3) where a notice has been served on the approp'riate gi>vernment, 10 under sub-section (1) of section 25ffa of the industrial disputes act, 14 of 1947 1947, by an employer in telation to an industrial establishment or undertll'king to which chapter v!j of the aforesaid act does not apply and the period of notice has not expired at the commencement of this act, such 'employer shall not close down such industrial establishment or 15 undertaking but shall, within a period 01 fifteen da;ys from such com-·mencement apply to the approp1'iate government for ~ission to close down the undertaking  (4) where no notice for permission to close down bas been served t:uilder sub-section (1) or where do application for permission is made 20 under sub-section (3) within the period specified therein or the permis-'sian for closure has been refused or the industrial establishment or undertaking hal been closed down before obtaining such permission, the closure of the industrial establishment or undertaking shall be deemed to be illegal from the date of closure and the employees shall be entitled 25 to all the benefits under any law for the time being in force as if the industrial establishment or undertaking, as the case may be, has not been dosed down (5) notwithstanding anything contained in sub-section (1) and subsection (3), the app'i'opriate government may, if it is satisfied that owing 30 to such exceptional circumstances as accident in the industrial estabiishment or undertaking or death of the employer in 1"el8tion to such industrial establishment or undertaking or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in rekltion to such establishment or undertaking for such period as may 35 be specified in the order (6) where on receipt of a notice under sub-section (1) or application for permission under sub-section (3) an industrial estabhshment or undertaking is permitted by the appropriate government to be closed down, every employee in such establishment or undertaking, who has 40 been in continuous service therein for not less than one year immediately before the date of the notice under sub-section (1) or application for permission under ~ub-section (3), shall be entitled to dotice and compensation as specified in section 83 as if the said employee had been retrenched under that section 45 (7) the provisions of this section shall apply to every industrial establishment or undertaking irrespective of the number of employees employed therein: provided that no previoas pennisroil shan be required for the closing down of any industrial establishment or undertaking in which-50 (a) not more than one hundred employees are employed; or (b) not more than one hundred employees were employeci ,on any working day during the preceding twelve months ii if the appropriate government is of opinion, in respect of any industrial establishment or undertaking, othet than an industrial establishment or undertaking referred to in the proviso to sub-section (7) of s section 88, to which chapter vb of the industrial disputes act, 1947, did aof 1947 not apply is closed down before the commencement of this act,-(a) that such establishment or undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer; 10 (b) that there are possibilities of restarting such establishment or undertaking; special provision as to restarting of industrial establish· ment or under takine closed down before corn--enee· mentof the act (c) that it is necessary for the rehabilitation of the employees employed in such establishment or undertaking before its closure or it is in public interest to restart sueh establishment or under· l5 taking; and (d) that the restarting of such establishment or undertaking shall not result in hardship to the~ employer in re1ation to the establishment or undertaking, it may after giving reasonable opportunity to such employer and the 20 employees employed in such establishment or undertaking, direct, by order published in the official gazette, ijlat the establishment or undertaking shall be restarted within such time (not being less than thirty days from the date of the publicatioo of the order) as may be specified in the order 25  chapter viii "s'i'rljtes and lock-outs90 (1) no employee employed in any essential service shall go on strike in breach of contract prohibition of strikes and lockouts (2) no person employed in any industrial establishment or undertak- 30 ing (other than an essential service) shall go on strike in breach of contract-(a) without giving to the employer a notice in writing of strike, as hereinafter provided, within six weeks before striking; (b) within fourteen days of the giving 'of such notice: 35 (c) before the expiry of the date of strike specified in any such notice as aforesaid; and (d) during~ (a) (i) the pendency of any conciliation' proceedings in respect of any industrial dispute before the conciliation offteer 40 and fourteen' days after the conclusion of such proceedings, or (ii) the pendency of any proceedings before an arbitrator or a labour court, tribunal or national commission, as the case may be, and sixty days after the conclusion of such proceedings, in repect of any matter in relation to which such proceedings are 45  pending; or (b) during the peri«l in which a setuement arrived at in the course of negotiations under section sn or conciliation under section 98 or an award is in operation, in respect of any of the matters covered by the settlement or award: s provided that no notice under this sub-section of the proposed strike shall be necessary where there is already in existence a lock-out in the industrial establishment or undertaking, but the negotiating agent shall give intimation of the strike to the appropriate government in the prescribed manner to (3) every decision to go on strike shall be supported by not less than lixty per cent of the employees in a strike ballot conducted in such manner as may be prescribed prior to the giving of the notice referred to in clause (a) of sub-section (2) and the notice shall be given by the negotiating agent in such form as may be prescribed is (4) the registrar shall have general power of supervision and superintendence over the conduct of strike ballot and he sball also decide, in such manner as may be prescrlbed, any dispute pertaining to a strike ballot and he may exercise such powers either on his own motion or on a request made in that behalf by any employee or the employer 20 (5) no employer in relation to an essential service sball lock-out his employees (6) no employer in relation to any industrial establishment or undertaking (other than an essential service) shall lock-out any of bis employees-2s (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking out; (b) within fourteen days of the giving of such notice; (c) before the expiry of the date of lock-out specified in such notice as afol'esaid; and 30 (d) during-(a) (i) the pendency ot; any conciliation proceedini/i in respect of any industrial dispute before the conciliation officer and fourteen days after the conclusion of such proceedings, or 3s (ii) the pendency of any proceedings before an arbitrator or a labour court, tribunal or national commission, as the case may be, and sixty days after the conclusion of such proceedings, in respect of any matter in relatioon to which such proceedings are pending; or (b) during the period in which a settlement arrived at in the course of negotiations under section 97 or conciliation under section 98 or an award is in operation, in respect of any of the matters covered by the settlement or award (7) no notice under sub-section (6) of the proposed lock-out shall be necessary where there is al~ady in existence a strike in the industrial establishment or undertaking, but the employer shall give intimation 45 of such lock-out to lhe appropriate government in the prescribed manner, (a) where the industrial establishment or undertakidi belon to a company within the meaning of the companies act 1956, in pursuance of a deeisionof the board f1l din!ctol'l of the company; 5 (b) where the industrial establishment or undertaking belongs to a partnership firm, in pursuance o£ a decision at a meetmg of the partners; _ j (c) where the industrial establisbmentor udciertaking belongs l to any other association of persons; in pw:suance of a dacislon of tee 10 committee (by whatever name called) man~a the affaira 01 that body of persons; and (d) wher-e the imubtrial establishment belongs to a hindu undivided family or an individual, bj the k4tta of the hiadu undivided family or the individual, as the case may be is (9) the notice of strike referred to in i1lb-section (2) shall be given to -such pe1'bon or pe1'8oll1 b'i'ld in sneh manner as may be prescribed and the notice of lock-out referred to in swrftetiod (6) shall be given in such manner as may be prescrib-ed (l 0) if the employer receives from any negotiating ageru notioe or 20 notices ref-erred to in sub-section (2) or gives to any person employed by him notioe or notices referred' to in sub-sectian (~), he brad, within five clays of the receipt or giving, al case may be, of luch notice or notices intimate, in such manner as may be prescribed, the appropriate government or such authority as may bepreacribed and the conciliation 25 ofticer having jurisdiction in relatiojl to the industrial estabuabment or undertaking, the number of such notice or notices received or given by him on taat date  91 where an indu~trial dispute or any matter appeariagto be connected with, or relevant to, the dispute has been referred to, or is pend-~o ing before,-- power to prohibit continuance of strike or lock-out (~ an arbitratm', where such dispute is not a dispute referred to for arbitrbtioft under sub~section (2) of section 7, or a court of inquiry 01' labour court or tribunal, the appropriate govemmeat; or ii ,tli~3s (b) an arbitrator, where such dispute fa a dispute referred to for arbitration under sub-seetion (2) of section 7, iiir a national commission, the cen1lral gcwe~ may, by order, prohibit the continuance of any strike or lock-out, in connection with streb dispute or matter, which may be in existence on the 40 date of the reference illegal strikes and lock-outs 92 (1) a strike or lock-out shall be illegal ff-(a) it is commenced or declared in contravention of section 80; or (b) it is continued in contravention of an order made, under i8dion ii  4s (z)  where a strike or lock-out in pursuance of an industrial dispute has already commenced or is in existence at the time of the reference "tlle 4tilpute to-an arbitrator, a labour court; a tnoadll, tba natiozill commission, the continuance of such strike or lock-out shall aut be deemed to be illegal provided that such strike or lock-out was not at its commencement in contravention of the provisions of this act or the s continuance thereof was not prohi'hited under section 91 (3) a lock-out declared in coiulequellqe of an illegal strike or a i'trike declared in consequence of an illegal lock-out shall not be deemed to be i'tlegal ccmae quence otm •• itrike or lockout 99 (1) where there is a dispute as to whether any strike or lock-out ib is illegal, either the employer concemed or the negotiating agent ill relation to the employees locked out may apply to the labour court, within the local limits of whose jurisdiction the strike or lock-out has taken place, or the appropriate government may make a reference to such labour court, requesting the labour court to adjudicate thedilpute and i s the labour court shall adjuclicate the di8pl1te and the deciaien· o£ tae labour court shall be final (2) where the labour court on an application or a reference made to it under sub-section (1), finds that any strike or lock-out is illegal and any person has taken part in or has instigated or otherwise ab,tted such 20 strike or lock-out, as the car may be, or where any person has been convicted under section 136, section 137 or section 138, the labour court may, by order, direct that such person shall be disqualified for being, or being chosen as, an office-bearer of a registered trade union of employees or chairman or member of a negotiating committee or, as the case may 25 be, registered trade union of employers, f<>r such period not exceeding two years as may be specified in the order (~) where the labow- courtt 011 ad apphcationoi' a refereace magle to it under sub-section (l), ftbds that any strikle isillepl an« that a -rep tered trade union of employees has given the call for such strike or where 30 any registered trade union of employees has been convicted under section 137, the labour court may, having regard to all the circumstances of the case (including an earlier finding of the labour court that such trade union had given call for illegal strike ana the refusal of the trade union to arrive at a settlement in respect of the matters in dispute by 3s negotiations under section 91, conciliation under section 96, arbitration under section 100 or adjudication by mutual agreement under section 101, as the cpse may be) by order, direct that the certificate of registration of the trade wlion of employees shall be canoeued (4) where the labour court, on an application or reference made to 40 it under sub-section (1), finds that any lock-out is illegal and that a registered trade union of employers hu given the call for such lock-out or where any registered trade wuqil of ~~ii bas been convicted under section 137, the labow' court may, baving regard,to all the circumstances of the case (including an earlier finding of the labour court 4s that such trade unum had given call for tllegallock-out) by order, direct that the cerate ofregmtration of -the trade union of employers shall be cancelled (5) the or<ler of the labour co1l1't under sub-sedlon (1) shall be bindin o~ (~ all the parties to the complaint 'or reference, as fhecase mq be;   tb)· every emplo7~ of the induatrial  tablishment or ~ inai or(c) in the case of an employer in relation to an industrial estab· lishment or undertaking, who is a party to the complaint or reference, as the case may be, on his heirs, successors or assignees in respect 5 of such indu'stzial establishment or undertaking, (6) no order shall be made by the labour court under sub-section (2), sub-section (3) or sub-section (4), unless the person, registered trade uniono!' employees or registered trade union of employers concerned has been :given a reasonable opportunity of being heard 10 (1) every order made by the labour court under this section shall be final (8) where the labour court passes an order under sub-section (2), 6ub~edion (8) c1t sub-section (4), it shall forward a copy of the order to the hegistrar is 94 f'or the removal of doubts it is hereby declared that a strike or lock-out, whether illegal or otherwise, shall not by itself be deemed to terminate the relationship between the employer and the employeel:j concerried  strike or lock-out not to terminate relationship between employer and employee 85 no person shall knowingly ,expend or apply any modey in direct 20 furtherance or support of any illegal strike or lock"out prohibition of financial aid to ille,al strikes and lockout •  chapi'er ix procidure for :settlement of disputes96 in this chapter and chapter xi parties to an industrial dispute between employer or employers and his or their employees means the 2s emj?loyer or e~ployers, as the case may ~, and-(4) where a registered trade union of employees or a negotiating cdmmittee has been certified as a sole negotiating agent in relation ·to such employees, such sole negotiating agent; or parties to an industrial disputeinterpretation ot the expression in certain cases (b) where a regis~ered· trade union of employees has been certifled as cpief negotiating agent in relation to such employees, such 30 chie~ negotiating agent: provided that where there 'is a registered trade union of employees certified as local union in relation to the employees of a local unit, in r~pect of any industrial dispu~ raised by it under clause (a) of section '69, such local union shall be deemed to be a party to the industrial dispute 35 j' , - , (1) subject to the other provisions of this act, if an  industrial dispute arises or is apprehended between the employees of a negotiating unit and the employer or employers emph>ying such employees, the sole negotiating agent or chief negotiating agent, as the case may be, in rela-5 tion to such employees, may intimate, in writing, the employer or employers, as the case may be, the particulars of the dispute and request such employer or employers to commence negotiations for the settlement of the dispute (2) the employer or employers, as the case may be, shall commence 10 negotiations with the sole negotiating agent or chief negotiating agent, as the case may be, within fifteen days of the receipt of the intimation undersub  section (1): provided that in any negotiation between the employer or employers, as the case may be, and the chief negotiating agent, for the settlement is of any industrial dispute the associate union or associate unions, if any, in relation to the employees of the negotiating unit shall ibe entitled to be associated with such chief negotiating agent (3) where as a result of the negotiations under sub-section (2) a settlement is arrived at, the terms of the settlement shall be recorded 20 in writing (the terms so recorded being hereinafter referred to as the memorandum of settlement) and signed by the employer or employers or the authorised representative of the employer or employers and the authorised representative of the sole negotiating agent or the chief negotiating agent, as the case may be ~s (4) copies of the memorandum of settlement arrived at under sabsection (3) shall, within such time as may be prescribed, be forwarded by the employer or the employers, as the case may be, to such authorities as may be prescribed (5) every memorandum of settlement arrived at under sub-sertinn 30 (3) shall be re~istered in the p!i"escribed manner by the parties to the industrial dispute, with the conciliation officer having jurisdiction in relation to the negotiating unit (6) every settlement arrived at under sub-section (3) shall come into operation on such d8te as may be ~il'l'eed upon by the parties to the 35 dispu}e~d, ~r no date is ~gr~ upon on the date on  vhich the mettlorandum ot tettlement is i!~ed and such settlement shall operate for such nertod (being not leu··than ·t1voyears) as may be specift~diin' the set~te­ment and shall continue to operate ;"ftet' tlle expiry of the period aforp-raid until the expiry of sixty days from the date on which a notice in 40 w!ritinli{ of the intention to terminate the settlement is given by the employer to the negotiating agent or "ice t'etea (7) a settlement arrived at under sub-section (3) sh all , so ion" ~s it i~ in odera,tion,' be binding on all the employees of the ne~oti1tin!!, unit and the emp'loyer or, where thei'e are more than one employer em-45 playing such emplovees, on all such employers and ell~o on 'the heim, successors and assignees of such employer or employers and all per-!\ii")os who may subsequently become employees of such negotiating unit (8) every settlement arrived at under sub-section (3) may provide that if any difficulty or doubt regarding the interp'retation of any provision thereof ariaes, it aball be referred to 'far arbitration 'by either 'party 'to the settlement and where a settlemert makes any such provision 'it shall also specify the arbitrator or arbitrators to wmoll!l the dlspate ~hal1 be tefared for arbitration and how the arbitrator or arbitrators shall be choaen 5 - (90) the 'arbitrator or arbitrators to whom any difficulty or doubt is referred under sub-section (8) shall, after giving the parties a reasonable opportunity of being heard, decide the question and such decision shall be hal conciliation of diapute lb (1) where no settlement has been arrived at in the course of 10 negotiations under section 97 or such negotiatiens have continued for a period of more than sixty days without arriving at any settlement and, in either case, the p'brties to the dispute do not agree to tefer the dispute to a mutually agreed arbitrator under section 100 or for adjudication under section 101, the parties jointly or separately-15 (a) shall- (i) in a case where the dispute relates to an essential service; or (ii) in a cue where the dispute does not relate to an essential service but a notice of strike under clause (a) of sub-section 20 (2) of section 90 or a notice of iock-out under clause (a) of subsection (7) of that section has been given; and (b) may, in any other case, forward in the prescribed manner a i'eport to the conciliation officer having jurisdiction in relation to the dispute and the appropriategov- 25 i!rnment, regarding the failure of negotiations or the continuance thereof as aforesaid along with the facts of the dispute: provided that the parties to tht! inclustrialdispute may agree to continue the negotiations uddeor -ctiod 97 for such fut'ther period bey, the aforesaid period of sixty days as may be agreed up<m and in 30 such a case such report in the cases referred to in clauae(a) shall and, in the cases referred to in clause (b) may, be forwarded to the conciliation officer on the expiry of such further period (2) on receipt of the report referred to in sub-section (1), the con-'ciliation o1jlcer,in the cases referred ~ in clause (a) of sub-section (1) 35 shall and, ill otber cases, may, commence conciliation proceedings in the prescribed manner (3) the conciliation offtcer on commencing conc1liation ptoceedings shall, for the purpose of bringing about a settlement of the dispute, investigate into the dispute and ad matters aftectiug the merits thereof 40 and may do all such things as he thinks fit for the purpose of inducing the plbrues to come to a fair and amicable settlement of the dispute (4) if a settlement of the dispute or 'iiny of the mauers mdispute is arrived at in the course of the concuiauion proceedingh, the coilanatmm of1\cer 1iha11 send a report thereof to 'the appropriate govern- 415 men:t 'ar to neh dilcer as 1iday bewthorieed' in this behalf by the appropriate government, together with a memorandum of the settlement signed by the parties to tbe dispute or their authorised representatives (s) it no such lit!ttlement is arrived at within the time axed by o~ under sub-section (6), the conciliation oftlcer shall, al soon ~s pracu-cable after the close of the investigation, forwaxd to the appropriate q)vernment a full report setting forth the steps taken by him for as-, oertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of 8udh facts and circumstances, and the reasons on account of which in his opinion, the settlement could not be arrived at: ' provided that no report regarding the failure of conciliation proceed-10 ing! need be forwarded by the conciliation officer to the appropriate government under this sub-section where, in the course of conciliation proceedings, the parties to the dispute agree to refer the dispute ioi arbitrati'on under &ection 100 and sign an agreement to that effect in the prescribed manner; but, in such a case, the conciliation officer shall senj is report thereof to the appropriate government or to such oftl~ as may be authorised in this behalf by the appropriate government, together with a copy of the arbitration agreement (6) the report referred to in sub-section (5) shall be submitted by the conciliation officer before the expiry of sixty days from the com-~o inencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate government: provided that, subject to the approval of the appropriate government, the conciliation officer may continue the conciliation proceedings beyond such period of sixty days or shorter period, if all tne p'arties to ~s the, dispute agree therefor and in such a case the report referred to in sub-section (5) shall be submitted within such further period as may be agreed to by all the parties to the dispute: provided further that an agreement arrived at in the course of conciliation proceedings shall not be deemed to be invalid merely because 30 it was arrived at after the expiry of the period fixed by or under this sub-section or &uch further period as may be agreed to by all the parties to the dispute under the preceding proviso (7) as soon as may be after the report referred to in sub-section (5) has been forwai'ded by the conciliation officer to the appropriate gov-35 ernment, he shall give intimation thereof to all the parties to the dispute (8) the appropriate government hall, before the expiry of a period idf sixty day!t from the date of the receipt of the report-(a) consider whether there is a case for reference to the labour court or tribunal; and (b) if on such consideration of the report, the appropriate gov  ernment is satisned that there is a case for such reference it shall proceed to make the reference in the manner provided in section 104 (9) a settlement arrived at in the course of conciliation proceedings 4 shall be binding and enforceable in the same manner 8a a settlement s arrived at during negotiations under section 97 and sub-section (3), sui) section (4), sub-section (5), sub-section (6) and sub-section (7), of that ection hall apply to a settlement arrived at in the course of conciliation proceedings as if it were a settlement arrived at in the course of neao" ~o tiation under that lection   _ n: where any party to an industrial dislarte, individual dlsputt (jf trade union dispute makes a request to a conciliation officer havlna jurisdiction to assist that party in negotiations for settlement of the dispute, the conciliation ofticer may render such as~stance as may be necessary to bring about a settlement among the parties to the dispute 5  concilla tionoffi eer may assist in bipartite negotiations arbitration of disputes 100 (1) where no settlement is arrived at in the course of any negotiations under section 97 or conciliation proceedings under section '98-, and the parties to the dispute agree to refer thedisp'ute for arbitration, they shall enter into an agreement for arbitration in such form and such manner as may be prescribed which shall specify the name of the arbi • i') trator to whom the dispute shall be referred for arbitration and the terms of reference and a copy ea:h of such agreement shall be forwarded by the employer to the conciliation officer having jurisdiction and to the a,pp'ropriate government (2) the appropriate government shall, within thirty days of the re- is ceipt of the copy of the  arbitration agreement under sub-section (1), refer the dispute for arbitration to the arbitrator agreed upon by the parties to the dispute: provided that in any case referred to in sub-section (2) of section 7, the dispute may be referred to a single arbitrator or body of arbitra- 20 tors appointed by the central government (3) where an industrial dispute has been referred to a labour court, 1 tribunal or national commission for adjudication and the parties to j !that dispute agree jn writing for the withdrawal of such reference -and ~ reference of the dispute for arbitration by such arbitrator as may be 25 spe~ified in the agreement and forward a cop'y of such agreement to the  appropriate government or the central government, as the case may be, that government may wllhdraw the reference of the dispute fromi the labour court, tribunal or national commission, as the case may be, and refer the dispute for arbitration by the arbitrator so specified 30 (4) where an arbitl"ation agreement seeks to refer the dispute to a body of even number of arbitrators, or where the central government, by order, appoints a body of even number of arbitrators under subsection (2) of section 7, the agreement or order, as the case may be, 'shall specify the umpire who shall enter upon the reference if the ar- 3s bttrators are equally divided in their opinion and the award of the umpire shall prevail and shall be deemed to be the arbitration award -for the purposes of this act   (5) the arbitrator shall investigate the dispute and, after 'haaling the parties, make an award and pronounce it in the manner provided in 46 section 118 '  :  1 (6) n<lthing in the arbitration act, 1940, shall apply to any arbitration ~ loot i940 under this section 101 notwithstanding anything contained in this act, where both the farties to an industrial dispute apply in the prescribed manner, whether 4--; ,ointly or sepal"ately, for the reference of an industrial dispute specified  in the appli~ation for adjudication, the ap'p,ropriate government, if satisfted that the persons applying represent the negotiatfnq ~gent and the employ~r or the m3jority of eniploye1rs, as the case maj be, ~p~ll make a reference iii accordance with the ~p'pl1cation to" the la: 5<1 reference of industrial dispute for adjudication \",hen agreed toby partie • b~ur court; whete the dispute relates to po 'ma~ter ~pecified' in the second  1 \  , , ---~ t- ~ schedule, or to a tribunal, where the dispute r~lates to a matter specified  in the third schedule " 102, where the appropriate government on receipt of the failure of conciliation report referred to in sub-section (5) of section 98 or other-, wise is of op~ion that any industrial dispute exists or is apprehended, it msy at any time, by order, refer any matter app'earing to be connected with, or relevant to, the dispute to a court of inquiry for investigation and report reference of an, matter to a court oflnqwi7 for investigation 103 (1) if an individual dispute ai'i~es, the employee ot' any or all of procedure for settlethent of' iridmdual ~putea,  ~o the employees concerned or any registered trade union of employees of which such employee or emp'loyees, as the case may be is a member or a,re members may refer the dispute to the grievance settlement authority, set up by the employer in accordance with the rules made under this act, for its decision (2) where the decision of the grievance settlement authority is not acceptable to any of the parties to an individual dispute, the parties to the disp'ute may refer the dispute for arbitration to a mutually agreed arbitrator (3) the nrrwhlions of section 100 shall, so far as may be, apply to the 20 arbitratiol1 of any individual dispute referred for arbitration under subsection (2) i ' (4) where the decision of the grievance settlement authority is not acceptable to any of the parties to the dispute and either party or both the p'arties to the dispute is or are not am-ceable to refer the dispute to a 2s ml1tually agreed arbitrator, the aggrieved d8rtv may apply in the prescribed manner, to the labout' court for adjudic9tion of the dispute (5) notwithstnnding anything contained in' this section, if any individual di!;pute arises in respect of the termination of the employment of any emplovee or the rlischar/!e or di<1ttlissal of such e'iilplovpe by way of 30 punishment su~h employee ~ay apply in the prescribed manner, to the laholur court for adjudicqtion of thp di~pute v;thol1t referring the die;-pute to the grievance se'alement a'lthqrity referred to in sub-section (1) or for arbitration (6) no ~pp1icn1:inn shall be mclde under !';ub-section (4) or sub-section 35 (5) to the labour court after the expiry of one year from the final decision of the grievance settlement authority: provided that the labour court may entertain ·an l'ip'plication under sub-section (4) or sub-section (5) after the expiry of  the aforesaid period-40 (a) if the labour court is "ausfied that the delay in makin(! the application is for reasons beyond the control of the party maldng the application; (b) if the parti~ to the disp"ute m~ke the application joil1tly and a~ree that the application may be entertained notwithstanding the 4s expiry of the aforesaid period of one year (7) notwithstanding ~nvthing containerl in 9li1h-~on (6) the awropri:>te government may, on being s~usfied that it is necessary so to cw in the interests of industrial pteace or justice, refer an individual dl8pute to the labour court fot adjudication at any time after the decision of the grievance settlement authority (i) on receipt of an application under sub·section (4) or sub-section (5), or a reference under sub-section (6), the labour court shall proceed s to adjudicate the dispute as if such dispute has been referred to it foil' adjudication and accordingly all the provisions of this act relating; to adjudication of industrial disputes by the labour court shall apply to such adjudication itference of jddu-,rial ~ pute f~ adjudic8 tion; 1m (1) on receipt of a report under sub-section (5) of section 98 by 1:> the appropriate government or where the approp'i'iate government 1s of opinion that any industrial dispute exists or is apprehended and, in either ('ase, no other proceedings unrler this act in respect of the dispute have commenced and have not concluded, it may, at any time, by order,-is (a) if the dispute relates to any matter specified in the second schedule, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, to a labour court for adjudication; or (b) if the dispute relates to any matter specified in the third 20 schedule, refer the disp'ute or any matter aprearing to be connected with, or relevant to, the dispute to a tribunal for adjudication (2) notwithstanding anything contained in sub-section (1), where the appropriate government is of opinion that an industrial dispute exists or is apprehended in an essenhal service, 'the appropriate government shall, 2s on the receipt of a report uncler sub-section (5) of section 98, make " reference of the dispute for adjudication to the labour court or tribunal, m the case may be (3) notwithstanding anything contained in sub-section (1) or subsection (2) where the central government is of opinion, either on a 30 request made in that behalf by the appropriate government (being a state government) or otherwise, that any industrial dispute exists or is apprehended and the dispute involves any question of national importance (,1' is of such a nature that industrial establishments or undertakings situated in more than one state ate likely to be interested in or affected by, sut'h dis- 3s pute and that the disp'ute should be adjudicated by a national commission, then, the central government may, whether or not it is the appropriate government in relation to that disp!ute, at any time, by order refer the dispute or any matter appearin~ to be connected with, or relevant to the dispute to a national commission for adjudication 40 (4) no dispute shall be referred fot adjudication under this section where the parties to the dispute agree to refer the dispute for arbitration under section 100 (5) where on receipt of a report under sub-section (5) of section 98, the appropriate government does not make a reference of the industrial 45 dispute (not being an industrial dispute relating to an essential service) or any matter appearing to be connected with,or relevant to, the dispute, it shall communicate to the parties concerned, within sixty d~ys of th, ~ipt of ,~cl\ report, the reasons ther~f()r,\ ",j (6) where any reference has bet!n made under sub-section (3) to s tolational commission, then, notwithstanding anything contained in this act,--s (4) if, on the date of such reference, any negotiation under spction 97 or conciliation under section 98 for the settlement of the dispute is pending, such negotiation or conciliation shall abate; (b) no labour court or tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the national commission, and accordingly,-]0 (i) if the matter under adjudication before the national commission is pending in a proceeding befqre a labour court or tribunal, the proceeding before the labour court or the tribunal, as the case may be, in so far as it relates to su'ch matter, shall be deemed to have been quashed on such reference to the national commission; and (ii) it shall not be lawful for the appropriate government to refer the matter under adjudication before the national commission to any labour court or tribunal for adjudication during the pendency of the proceeding in relation to such matter before the national commission 20 l:xplanatiljn-in this sub-seetinn "labour court" or "tribunal" includes any court, tribunal or other authority constituted under any law relating to inves~gation and settlement of industrial disputes in force in any state 2~ (7) where any industrial dispute in r£'lation to wh'ich the central government is not the appropriate government, is r'eferred to a national commi~sion, then, notwithstanding anything contained in this act, any reference in sub-section (2) of section 115 and sub-section (1) of section 118 ard section 122, to the' appropriate govcmmen1t in relation to such 30 dispute shall be construed as a reference to the cen'tral government but, save as afotesaid and as otherwise exp'ressly provided in this act, any reference in any provision of this act to the appropriate government in relation to that dispute shal1 mean a reference 10 t~e strite government 105 the provisions of this chapter shall app'ly in relation to an indus-35 trial dispute that may be raised by a local union under clause (4) of section 69, in the same manner as it aprjies in relation to an industrial dispute that may be raised by a sole negotiating agent appticabllityof provisions to industrial disputes raised by local unions 108 the provisions of section 98, section 100, section 101 and section 104 shall, so far as may be, apply in relation to an industrial dispute bet-40 ween employees and employees or between employers and employers in the same manner as they apply in relation to an industrial dispute bet-9{~11 ~ ~rnplor" ~lld his empioyees, settlement ot industrial dispute between employees and employees and employers and eml'l03,fi  chapter x unfadl practice107 no employer or employee or a trade union, whether registered under ihis act w" not, shall commit any unfair practice prohibition of unfair practice 108 (1) where any trade union has committed, or is committing, any 5 unfeir practice, any employee or employer or registered trade union or the appropriate government or an officer of that government specially authorised in this behalf may,-procedure on complaints relating to unfair practices (4) dn r case where such unfair practice is a continuing one, at any time befqre the expiry of ninety days from the cesser of such ii) continuance; or (b) in any other case, within ninety days from the date on which ~uch unfllir practice w:1s committed, make a complaint to the tribunal specially authorised in this behalf by the appropriate government: is provided that the tribunal may entertain a complaint after the expiry of the aforesaid period, if for ~ood and sufficient reason shown by the complainant thp tribunal is satlisfted that the de-lay in making itbe complaint was for reasons beyond the control of the complainant (2) on receipt of the complaint referred to in sub-section (n thp 20 tribunal shall forward a copy thereof to the trade union which is al1e~ed to have committed the unfair practk:e, alonj?' with a notice specifying a date and requiring it to apoear before the tribunal on that date  to show cause against the complaint (3) the tribunal may, if it so considers necessary, by order, direct- 25 (a) the registrar; or (b) the chief labour commissioner, where the appropriate government is the central government; or (e) the state labour commissioner, where the appropriate government is the state government, 30 to make or calise to be made an investi~ation into thp compl:iint and make a report on the result of the inyesti~atjon to the tribunal, wilthin such time as may be specified in the order or such further time as may be granted by the tribunal (4) the registrar or the chief labour commissioner or state labour 35 commissioner, as the' case mav be, shall; when so directed bv the tribunal under sub-section (2), make or cause to be made such inve8ti~ation as he may consider necessary and make efforts to promote n setnement among the parties to the complaint ann submit a report to th~ tribunal within the time or further time specified under sub-section (3) setting 40 out 1he full frets! and circumstance!,! of the case and the efforts made hv :wm for settltn~ the co-'npl~inti and i! ~ny settjement has been arrived h among the parties to the complaint, he shall forward with such report a deed incorp,?rating the terms of the settlement (hereafter in this chapter referred to as· the settlement deed)  (5) if on the receipt of the report referred to in sub-section (4), the 5 tribunal finds that a settlement has been arrived at among the parties to the complaint in regard to the ~ubject matter of complai11i~ and such settlement is fair and reasonabie it shall record the settlement (6) where on a receipt of the report refzrred to in sub-section (4) j the tribunal finds that no settlement has been arrived at among the 10 parties to the complaint in regard to the subject matter of the compla;nt, or that such settlement is not fair and reasonable it shall, after making such enquiry as may be prescribed and after giving the parties to the complaint a reasonable opportunity of being heard, pass orders as to whether any or all of the unfair practices alleged in the complaint has is or have been committed and it: so by which of the parties to the complaint (7) the finding and the order of the tribunal under sub-section (6) shall be final (8) where-20 (01)' a tribunal finds that an unfair practice has been committed by a registered ,trade union; qr (b) a registered trade union is convicted of an offence punishable under section 141, the tribunal may having regard to all the circumstances of the cns~ (in-25 eluding the nature of the unfair prac'tice and an earlier ftnding if any, regarding the commission of any unfair practice by the trade union) by order, durect that the registration of the trade union shall be cancelled: pr'ovided that no otder shall be made under this sub-section unless the trade union concerned has been given a reasonable opportunity of being 30 heard; (9) a copy of the order under sub-section (8) shall be forwarded by the tribunal to the registrar (10) the tribunal shall pass orders under sub-section (6) and sub" -&eetion (8\ within ninety days from the date on whith it received the ~s oomplaint 109 the' ordet of the 'tribunal under sub-section (6) or sub-section (8) of section 108 shall be binding oni ;: -  (a) 811 the parties to the complairltj (b) in the case of an employer in reiation to an industi1iati estab-·lishtrleritor undertaking who is a party to the complaint on his heirs, successors or assignees in respect of such industrial establi3hment or undertaking: and peraoita bn whorft the brder tinder in,ib-see; hons (0' and (8) of sectiorl 108 shau be bindiiii· (c) in the case of a trade union which is a party to the compiaint, on au pe~ons who are members of the trade union on the daite on which the compla:nt is made and on all persons who may become such members after such date; and where the trade uruon is a trade union of employers, also on the heirs, successors or assignees, of every 5 member of such trade union, in respect of the industrial establishment or undertaking in relation to which such member is the employer  chapter xi]0  procedure, powers and duties of atj"11{orities110 subject to the provisions of this act, and any rules made thereunder-(a) by the appropriate gqvernmpn1, in the case of an arbitrator, a court of inquiry, labour court or tribunal; or (b) by the central government, in the case of a national com- is mission, an arbitrat:>r or a court of inquiry, labour court, tribunal or national commission shall follow such procedure as he or it thinks fi~ adjudicating authorities to determine their pro cedure subject to thll provisions of the act and the rules i of 11101 111 (1) every arbitrator, presiding officer of a labour court, tribunal or national commission or chairman or member of a court 0£ 20 inquiry shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, when trying a suit, in res~t of the followling matters, namely:-power to summon wit_ nesses, to inspect premises, etc (a) summoning and enforcing the attendance of any person and examining him on oath; as (b) compelling the production of documents and material objects: (c) issuing commissions for the examination of witnesses; and (d) in respect of such other matters as may be prescribed; and every enqwry or investigation by an arbitra'tor, a presidin~ oftlcer of a labour court, tribunal or national commission or chairman or!o member of ii cowl~ of inquiry sha11 be deemed to be a judicial proceedling within the meaning of section 193 and section 228 of the indian 4a of lase penal code (2) a conciliation officer shall have the same powers as are vested in a civil court under the code of civil procedure, 1808, in respect of 3' i of 1901 the following matters, namely:-(a) summoning and enforcing the attendance of any perlon; (b) e1camining any person: provided that such examination shall not be qn: oath; (c) compelling the production of documents and material objects; and (d) in respect of such other matters as may be prescribed (3) a conciliation officer, a single arbitrator or member of a l:>ody qf s arbitrators, presiding officer of a labour court tribunal or national commission or chairman or member of a c(ltui1t of inquiry, for the purpose of enquliring into any ma/tter connected with any existing or apprehended tinduruial dispute, individual dispute or trade union dispute, may, after giving reasonable notice (not being less than twenty-four hours), enter 10 the premises in which any establishment or dndumrial unde~aking w the office of a trade union to which the dispute relates, is situated 112 (1) where on the day fixed for the hearing of any di~ute or any other proceeding, pending before a labour court, tribunal or na,tional power of labclur court, etc • to proceed in absence of parties to dispute commissi~, any of the parties to the dispute or other proceeding, having 15 notice of the hearing does not appear, the labour court, tribunal or national commission, as the case may be, may proceed with the hearing of the dispute or other proceeding n~~withstanding the absence ot lsuc·h party and, where it does so, it shall have the same powers iill rela-,  tion to the making of any award or determining or deciding any question 20 as it would have had such party appeared as aforesaid explanatiov  -in this sub-!;ection "day fixed fqr hearing" includes the day fixed for the appearance of any party, fl1ing of any statement, examination of witnesses, production of documents, hearing of argument6 or the doing of any other thing by the party concerned or his authorised 25 representatlive in connection with the adjudication of the dispute or qther proceeding (2) where any party to a d spute or other proceeding to whom time has been granted for producing hie evidence, or causing 3;~tendance (if witnesses, or performing any other act necessary for the further progress 30 of the adjudication of the dispute or other proceeding fails to do so within the tlime so granted, the labour court, tribunal ott' nation:al commission, as the case may be, may, notwithstanding such failure,-(a) if the parties are present, proceed to adjudicate the dispute or other proceeding forthwith; or  j 3s (b) if any of the parties is absent, proceed under sub-section (1) (3) where any of the parties to the dispute oil" qther proceeding, who fails to appear, or to do any act referred to in sub-section (2) within the time allowed therefor, subsequently satisfies the labour court, tribunal or national commission, as the case may be, within such time as may be 40 prescribed, that there was sufficient cause for his non-appearance or for such failure it may make such order as it considers just and proper in the circumstances of the case (including an order se1tting aside any award or order made and directing re-hearing of the dispute or other proceeding) subject to such conditjions (including a concution as to, pay-45 ment of costs) as it may think fit to impose t13 an arbitrator, a court of inquiry, labour court, tribunal oil national cqrnmis$ion may, if he or it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor to advise him or it in the proceeding before such arbitrator, court of inquiry, labour court, tribunal or na,11onal commission, as the case s may be appoint_ ment of assessors to assist court of inquiry etc power to grant interim reliefs 114 it shall be lawful for the labour court, tribunal or national commission to grant to any party to any proceeding in relation to any individual dispute, indus~rial dic;pute o,r trade union dispute pending before it, such interim reliefs (whether subject to any conditions or not) 10 including stay of any order, issue of injunction or direction in regard to payment of wages or subsistence allowance, as it deems just and proper in the circumstances of the case: provided that the labour court, tribunal or national commission shall not grant any such interim relief unless all the parties to the pro- is ceeding have been served with a n:ltice on the application for such interim relief and have been given a reasonable opportunity of being heard: provided further that the labour court, tribunal or national commission may, having regard to the nature of the interim relief sought 20 and the circumstances of the case pass appropriate orders granting such interim relief as it deems just and proper in the circumstances of the case before the notice referred to in the preceding proviso is served on the parties to the proceeding: provided also that where the labour court, tribunal or national 25 commission makes any order under the pr:>viso immediately preceding, it shall record the reasons for making the order before complying with the requirements specified in the first proviso power to transfer proceedings 115 (1) where any proceeding relating to the adjudication, of any individual dispute is pending before a labour court, th~ appropriate gov- 3c ernment on an application made to it in that behalf by anv party to such proceeding and aeer notice to the other party or parties to such proceeding, and after hearing such of them as desire to be heard, may, at any stage, by order and for reasons to be stated therein, transfer the proceeding to another labour court 35 (2) the appropriate government may, by order and for reasons 10 be ~tated therein, withdraw any proceeding re~ing to the adjudication of any industrial dispute or trade union dispute or any other pro~eeding under this ac't, o,ther than a proceeding referred to in sub-section (1), pencbing before any labour court, tribunal or national commission and 40 transfet" the same to another l81bour court, tribunal or national commh;sion, as the case may be, for the disposal of such proceeding (3) the labour couri, tribunal or national commission, as the case may be, to which a proceeding is transferred under sub-sec'ion (1) or sub-section (2') may, subjpct to any spec-iat directiolul in the order of 45 transfer, proceed either de novo or from the stage at which it was so transferred 116 whelle any application has been made to the labour court for adjudication of an individual di!lpuf1:e relating to the discharge or dismissall of an employee under sub-section (1) of section 10~, or where any 50 such dispute has been referred by the appropriate government to the labour court for adjudication under sub-section (1) of section 104 and, power of labour court to give proper relief in case of discharge or dismissal of employee &l either case, the labour court is satisfied, whether on the basis of the records of the proceeding that led to the dischalrge or disrnist1a1 of such emp]qyee or on the basis of additional evidence produced before such labour court, that the ord~r of discharge or dismissal was not justified, 5 'the labour coum may, by its award, set aside 'the order of discharge or dismissal and direct reinstatement of the employee on such terms and conditions, if any, as it may think fit, or give such oither relief to the employee, including the imposition of a lesser punishment in lieu of discharge or dismissal as tt appears to the labour court to be just and 10 proper ;n the circumstances of the case 117 (1) the report of a caurt of inquiry shall be in writing and shall be rigned by the person who constitutes the court of inquiry or, where the cou~ of inquiry conslists of more than one person, by the chairman and the remaining member or members thereof: | form     ||----------|| report   || of       || court of || inquiry  || and      || its      || publica- || tion    |is provided that nothing in this sub-~ection sha1tl be deemed to prevent any member of the court of inquiry from recording any minute of dissent from the report of the court of inquiry or from any recommendation made thereunder (2) every report of a court of inquiry together with the minute of 20 dissent, if any, recorded by any member thereof shall be published within a period of thirty days from the date of its receipt by the appropriate government, in such manner as that government may think fit pronoun cement of award byarbi· trator, labour court, etc 118 (1) every award or other determination or decision by an arbitrator oif a labour court, tribunal or national commission shall be prc~ 25 nounced on a date of which notice has been given to the parties to the dlc;pute and shall be dated and signed by the person or persons pronouncing the award and when once signed shall not thereafter be alltered or added to, save as provided in this act (2) the award of an arbitrator shall be pronounced in his office and 30 the award of a labour court, tribunal or national commission shall be pronounced in the open court (3) a copy of every award or other determination or decisiolil referred to in sub-section (1), certified in such manner as may be prescribed, shall be given by the arbitrator, labour court, tribunal or national gommis-3s sion, as the case may be, to each of the parties tq the dispute free of cost 'and a copy of the award or other determination or decision so certified shall be sent by the arbitrator, labour court, tribunal or national commission, as the case may he, to the appropriate government time limit for submission of report makin, of award, etc 119 (1) a court of inquiry shall submit its report, on the matters 40 referred to it, to the appropriate gcwernment ordinarily withi~ a period of one hundred and eighty days from the commencement of its inq~1ry or within such further period 86 may be allowed by the appropriate government from 'time to time _ (2) the labour court shall pronounce its sward ordinarily within 45 a period of ninety days from the date on which the application is made, or the dispute is referred, to it (3) the tribunal or national commission shall pronounce its award ordinarily within a period of one hundred and eighty days lrom the date on which the dispute is referred to it (4) where the labour court, tribunal or national commission is unable to make its award within the periods referred to in sub-section (2) or sub-section (3), as the case may be, it shall record the reasods therefor 120 (1) every award referred to in sub-section (1) of section 118 s shall become enhrceable on the expiry of thirty days from 1ts pronouplcement: date on which award becomes enforceable provided that-(a) if the appropriate govei11ment is of opinion, in case where the award has been given by an arbitrator or a labour court or 10 tribunal in relation to an industrial dispute to which it is a party; or (b) if the central government is of opinion in case where the award has been given by a national commission, that it will be inexpedient on public grounds affecting national economy is or social justice to give effect to the whole or any part of the award, the appropriate gov,ernment or, as the case may be, the central government, may, by notification, declare that the award shall not become enforceable on the expiry of the said period of thirty days (2) where any declaration has been made in relation to an award 20 under the proviso to sub-section (1) , the appropriate government or the central government, as the case may be, may within ninety days from the date of the award, by notification, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award and a copy of such order (where any such order has been 2s made) before the legislature of the state, if the order has been made by the state government, or before parliament, if the order has been made by the central government (3) where any award is rejected by the appropriate government or the central government, as the case may be, under sub-section (2), 30 it shall njt be enforceable (4) where any award is modified by an ordfl'r made under sub-_tion (2), such award as so modified shall become enforceable on the expiry of fifteen days from the date on which the order making the modification is published in the official gazette 35 (5) where a declaration under the proviso to sub-section (1) has been made but no order is made under sub-section (2), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-seqtion (2) (~) subjec,t to the provisions (l,f sub-s~tions (3), (4) and (5) regar- 4s ding enforceability of an award, the award shall come into operation ~ with effect from such date as may be specified therein, and where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (1) or sub-section (4) or sub-section (5), as the case may be so 121 (1) the award of an arbitrator which has become enforceable under section 120 shall be binding on-persons onwhorr awards are binding (a) the parties to the agreement in pursuance of which the dispute was referred to for arbitration; and (b) where a negotiating agent is a party to tilt: tlgreement and the agreement is in respect of an industrial dispute, on all the employees of the negotiating unit in relation to whom the registered trade union of employees or negotiating committee has s been certified as negotiating agent (2) an award of a labour court, tribunal or national commi!ilsion which has become enforceable under section 120 shall be binding on--(a) all ,the parti~ to the individual dispute, industrial dispute or trade union dispute; 10 (b) all other parties summoned to appear in the proceedmg as parties to the dispute, unless the labour court, tribunal or national commission, as the case may be, records the opinion that they were so summoned without proper cause; (c) where a party referred to in clause (a) or clause (b) js is an employer, his heirs, successors 'or assignees in respect of the industrial establishment or undertaking to which the dispute relates; (d) where a party referred to in clause (/1) or clause (b) is a negotiating agent, all persons who were employees of the nego-20 tiating unit on the date of the dispute and all persons who subse  quently become employees of the negotiating unit; and (e) where a party referred to in clause (/1) or clause (ll) is a local union and the dispute is an industrial dispute in respect of any mjtter referred to in clause (a) of section 69, on all per~ons 25 who were employees, on the date of the dispute, of the indu~trial establishment or undertaking or unit, branch or office of an industrial establishment or undertaking, in relation to the employees employed wherein the registered trade union of employees has been certified as a local union; and all persons who subsequently 30 become employees of such industrial establishment or undertaking or unit, branch or office 122 (1) every award of an arbitrator or a lahour court, tribunal or national commission shall, subject to the provjsions of this sect:on, remain in operation for a period of two years ff om the date on which period of operation of award 3s the award becomes enforceable: provided that the appropriate government may, by notifilation and for reasons to be stated therein, before the expiry of the said peri::xi of two yt:ars, extend the period of operation of the award by any period not exceeding one year at a time, as it thinks fit; so, however, that the 40 total period of operation of any award does not· e'xceed three years from the date on which it came into operation (z) where the appropriate government, after one year of the enforcement of the award, whether of its own motion or on the application of any party bound by the award, considers that since the award 45 was made, there has been a material change in the circumstances on which it was based, the appropriate government may, af~r giving the parties bound by the award a reasonable opportunity of being heard shorten the period of operation lof the award (3) nothing contained in sub-section (1) shall apply to any award which by its nature terms or other circumstances, does not impose, after it has been given eftect to, any continuing ohligation on the parties bound by the award (4) notwithstanding the expiry of the period of operation referred s to in sub-section (1) or the shortened period under sub-section (2), the award shall continue to be binding on the parties until a period of sixty days has elapsed from the date on which notice 1n writing is given by any party bound by the award to the other party or parties, as the case may be, intimating its intention to terminate the award 10 (5) no application made under wb-section (2) or notice given under sub-section (4) shall be entertained or be valid, in the case of an industrial dispute, unless it is made or given-(4) where such dispute is between employees and thp employer or employers, by the negotiating agent, or the employer or, is where more than one employers are bound by the award, by the majority of such employers; or (b) where dispute is between employees and employees or employers and employees by the majority of any of the parties bound by the award 20 123 (1) any party to an individual dispute, industrial dispute or trade union dispute, who, on account of some mistake or error appalent on the face of the record or for any other sufficient reason, desirps to obtain a review of an award made by a labour court, tribunal or national commission, may apply to such authorhy and whert;' such 25 authqrity, after giving all the paztles to the individual dispute, industrial dispute or trade union dispute, as the case may be, a reasonable opportunity of be~ng heard is of the opinion th~t the application for review should be granted, it shall grant the same review 2)f award by labour court tribunal or national commission and correction of mistakes (2) clerical or arithmetical mistakes in awards or errors arising 30 therein from any accidental slip or omission may, at any time, be corrected by the arbitrator, labour court, tribunal or national commission, as the case may be, either of its own motion or on the application of any of the" parties to the dispute or the appropriate government award of costs 1m subject to any rules made under this act, tne costs oi, and inci- 3s dental to, any proceeding befure, an arbitrator or a labour court, tribunal or national commission shall be in the discretion of the arbitrator, labour court, tribunal or national commission and the arbitrator, labour court, tribunal lor national commission, as the case may be, shall have full power to detennine by whom, to whom and to what 40 extent and subject to what conditions if any, such costs are to be paid, and to give all necessary directions for ,the purpose aforesaid and such costs may be recovered under section 125 in the same manner as if it were money due under any settlement or award 125 (1) every award or determination or decision of a lab~ui 4s court, tribunal or national commission shall 'be executed by the authority which made it, in such manner as may be provided by or wlder this act execution of settlement or award by labour court, etc (2) every award of the arbitrator or a settlement arrived at in the course of negotiations under section 97 or conciliation under section 98 shall be executed by the labour court, in the same manner as if it were an award made by such labour court procedure for recovery of money due under settlement or award, etc s 126 (1) where any 'money is due to any of the parties to a su:>ttjement or award, under such settlement or award, such party or any person, in, or on, whom the rights of such party under the settlement or award have been vested or devolved, by assignment, inheritance or otherwise, may, without prejudice to elny other mode of recovery, 10 make an application b the labour court, t~ibul1rl or national commission, to whom an application for the execution of the settlement or laward may be made under section 125 for the recovery of the money so due to such party and where the lab()ur court, tribunal or national commission, as the case may be, is satisfied that any money ir so is due, it shall issue a certificate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue and remit the amount so recovered to the labour court, tribunal or national commission, as the case may be: provided that every such app1ica:~ion shan be ma~ within one 20 year from the date on which the money becomes due to such party: provided further that any such application may be entertained after the expiry of the said period of one year if the labour court, tribunal or natiomi commission, as the case may be, ;<; satisfied that the applicant ha:1 sufficient cause for not making u1e application wi:hin 25 the said period (2) the labour court, tribunalnr national commission, as the case may be shall disburse or cause to be disbursed in such manner as may be prescribed the amounts remitted to it by the collector under sub-section (1) to the person or pcrs')ns entitled to receive the silitie 30 explanati01t-in this section "parties to a settlement or award" includes, where a negotiating agent or local union is a party to the settlement or award, all employees who are bound by such settlement or award 127 where an arbitrator, labour court, tribunal or national commission, by its award, directs the reinstatement of any emplnyee or em-35 ployees and the employer does not reinstate such employee or employ~es, the employee or employees concerned shall be entitled to wages and all other benefi,ts, as if he or they has or have been reinstated--(a) where the award spec;ifies a date on or before which such employee or employees should be reinstated, with effect from such 40 date; and employee entitled to wages, etc • though award for reinstatementis not complied with (b) in other cases, when the award becomes enforceable 1%8 (1) a conciliation proceeding shall be deemed to have commeneed on the date on which notice summoning the parties for conciliation has been issued by the conciliation officer 45 (2) a conciliation proceeding shall be deemed to have concluded-commencement and con_ clusion of proceedings, etc (a) where a settlement is arrived at on the date on which a memorandum of the settlement is signed by the parties to the dispute; and (b) where no settlement is arrived at, on the expiry o~ fifteeo days from the submission of a report regarding the failure of conciliation proceedings under sub-section (5) of section 98 to the apprc- s priate government (3) proceedings before an arbitrator shall be deemed to have commenced when the dispute is referred to the arbitrator for arbitration (4) proceedings before a labour court shall be deemed to have commenced when an applicat:on is made or a dispute is referred to it for 10 adjudication (5) proceedings before a tribunal or national commiss'ion shall be deemed to have commenced when the dispute is referred to it for adjudication (6) proceedings referred to in sub-sections (3), (4) and (5) shall be is deemed to have concluded on the date on which ithe award in such proceedings becomes enforcealble under section 120 129 so long as any settlement arrived at in the course of negotiations under section 97 or conciliation under section 96 or any awam of an arbitrator or a labour court, tribunal or national commission is in 20 operation, it shall not be lawful for the employees or employer or employers, as the case may be, to raise any dispute with respect to any matter covered by such settlement or award  chapter xii penaltiesnodt' mand in regard to same matter to be raised so long as settle ment or award is in force 130 (1) if default is made on the part of any registered trade union in giving any notice or sending any statement or other document as required by or under any provision of this act, every office-bearer or other person bound by the rules of the trade union to give or send the same, or, if there is no such office-bearer or person, every member of the exe-30 cutive of the trade union, shall be punishable with fine which may extend  to ten rupees and, in the case of a continuing default, with a further fine  which may extend to five rupees for each week during which the default continues after the convictiop:l for the first default: penalty for failure to sub mit statement, making falsp state ment etc provided that the aggregate of such fine shall not exceed one hundred 35 rupees (2) any person who wilfully makes, or causes to be made, any felse entry in, or any omission from, the ge~eral statement required by section' «, or in or from any copy of rules or of alteration of rules sent to the -qes:!istrar under that section shall be punishable with fine which may 40 extend to five hundred rupees 131 anv person who, with intent to deceive gives to any member of a registered trade union or to any person intendin~ or anplylng to become a member of such trade union anv document nurportin~ to he it cony of the rulea of the trade union or of any altcratiollb to the ~ame whi('hi he 4s knows 01' has reason to believe i!'l not a correct copy of !'i\jch r1lles 01" alteratfnns as are for the time hefn!! in fot'ce or imy nerso" who w'th the like intent, ~ves 9 copy of any ntlpr of an unt'e~istered trade union supply ing false informa· tion ,'egarding trade union to any persqn on the pretence that such rules are the rules of a registered trade union, shall be punishable with fine which may extemi to five hundred rupees penalty for failure to recognise ne,otiating agent, ete 132 if an employer fails or refuses to recognise a sole negotiating s agent or a chief negotiating agent or an associate union or a loeal union in accordance with ·the provisions of sec:tion· 66 or refuses or fails to recognise the rights or to provide the facilities specified in section 87, section 68 or section 69, as the case may be, in regard to such negotiating agent, associate union or local union, he shall be punishable with im-10 prisonment which may extend to one year, or with fine which may exwnd to two thousand rupees, or with both 133 any person who wilfully discloses-(a) any information in contravention of the proviso to iiub section (1) ot; section 67; or (b) any information as is referred to in section 152, is penalty for disclosure of conftden tial infol'-mation; shall, on complaint made by or on behalf of the employer or the trade union or individual business affected, be punishable with imprisonment for ii term which may extend to six months, or with fine which may extend to two thousand rupees, or with both penalties for b:each at standing orders ao 134 an employer who does any act in contravention of the standing orders in force in his industrial establishment or undertaking shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both, and, where the contravention is a continuing one with a further fine which 25 may extend to one hundred rupees for every day, during which the contravention continues, after the conviction for the first such contravention 135 any employer who-30 penalty for lay_ off, retrench_ ment, etc, in contravention of provi_ sions at the act 35 (a) changes the terms 01 employment or conditions of labour of any employee in contravention of section 77; or (b) alters the terms of employment or conditions of labour of any employee or dismisses, discharges or otherwise punishes any employee for misconduct in contravention of the provisions of section 78; or (c) contravenes an order made under sectlon '79;· br (d) lays off or retrenches any employee in contravention of the provisions of chapter vii, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both 40 136 any employer who closes down any industrial establishment or undertaking in contravention of the prov:sions of section 88 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both penalty for closure of industrial establishment or undertaking in contravention of provisions of section 88 penalty for illegal strikes and lock outs m (1) any employee who commences continues or otherwise a:ets in furtherance of, a strike whkh is illegal under this act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both (2) any employer who commences, continues, or otherwise acts in 5 furtherance of a lock-ou!t w~ch is illegal under this act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both penalty for instigation, etc 138 any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal 10 under this ad, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both 139 any perlon who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punish- is able with imprisonment for a term which may extena to six months, or with fine which may extend to two thousand rupees, or with both per-laity for giving financial aid to illegal strike or lock-out penalty for breach of settlement or award, etc 140 any person who commits a breach of any term of settlement or award, which is binding on him under this act, shall be punishable with imprisomnent for a term which may extend to one year', or with fllne 20 which may ex:t;end to two thousand rupees, or with both, and, where the breach is a continuing one, with a f,urther fine which shall not be less than one hundred rupees but which may extend to five hundred rupees for every day during which the breach continues after conviction for the first, and the court trying the offence may direct that the vlhole or any 2j part of the fine realised from such person shall be paid, by way of com-pensation ~ any person 'who, in its opinion, h_ been injured by such breach 141 any person who commits any unfair practice shall be punishable with imprisonment for a term which may ex-tend to six months, or wi,th 30 fine which may extend to one thousand rupees, or with both  10 if an employer or other person-(a) required by or under this act to furnish any information or return (no,t being a general statement or other document referred to in section 120) ,-35 penalty for oommitting unfair practice penalty 'for wrongful withholding of information (i) refuses or neglects to furnish such infonnation or return; or (ii) furnishes or caullh!s ,to be furnished: any infonnation or return which is false or which he either lmows or believes to be false or does not believe to be true; qr 40 (b) refuses or wilfully neglects to· afford reasonable facilities for making inspecl1ion, examination or inquiry authorised by or under this act, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both 4s 143 if any person without lawful authority removes, alters, defaces, obliterates or in a~y way tampers with any notice affixed or displayed in pursuan:e of this act he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend $ to two thousand rupees, or with both penalty for remo val, etc, of notice affixed or displayed in pursuance of this act penalty for other offences 1" any person who contravenes any of the provisions of this act or any rule made thereunder shall if no other penalty is elsewhere provided by or under this act for such contravention, be punishable with imprisonment for a term which may extend to six months or with fine 10 which may extend to two thousand rupees or with both' 145 (1) no court shall take cognizance o£ any offence punishable under this act, other than an offence punishable under clause (b) of section 133, or of the abetment of any such offence save on complaint made by or under the authority of the appropriate government is (2) no court inferior to that of a presidency magistrate or magistra~e of the first class shall try any offence under this act  chapter xiiicognizahce of offence and courtl which may take cognl zance of offence  exemptions and miodificationsus nothing in this act shall apply to-20 (a) any hospital, including a dispensary; (b) any educational, scientific, research or training institution; act not to apply to certain indus· tries (c) any organisation exclusively engaged in any charitable, social or philanthropic service; or (d) khadi or village industries, 25 or to any employee employed therein or any employer in relation thereto exemption from certain, provisions 14'7 the provisions of the standing orders made under sub-section (1) of section 73 or modifications made therein under sll b-section (2) of that section and the provisions of section 75 and section 77 shall not apply in the case af employees to whom the fundamental and supplementary 30 rules, civil services (classification, control and appeal) rules, civil services (temporary service) rules, revised leave rules, civil services regulations, civilians in defence services (clas9i~ation, control and appeal) rules, the indian railway establishment code or such other rules or regulations as the appropriate govemmen~ mav bv notiftcation 3s specify in this behalf, apply power of government to exempt 148 (1) the state government may, having regard to the development of trade unionism among such class of employees, by general or special order, declare that the provisions of section 34 shall not apply to trade unions of employees employed in agricultural operations in any 40 area specified in the order or employed in any small scale industry or class of small scale industries in any area specified in the order (2) the appropriate government may, having regard to the rilles i"1 force in any industrial establishment or undertaking in respect of th-t matters refprred to in suib·section (1) of section 73, by notification and 4s subject to such conditions, if any, tiult may be· specified in such notiflcation, e1rempt any industrial establishment or wldertaking or any class of industrial ~tablishments or undertakings from an or any of the provi sions of chapter v (1) where the appropriate government is of the opinion that the application of the provisions of section 77 to any class of industrial establishments or undertaldngs or any class of employees employed in any industrial establishment or undertaking is likely to affect prejudicially the employers in relation thereto and that the public interest so requires, the appropriate g')vemment may, by noti&ation, direct that the provisicjlls of the said section shall not apply or shall apply subject to such modifiea- 10 tion's, as may be specified in the notification to that class of industrial establishments or undertakings or to that class of employees employed in any industrial establishment or undertaking, as the case may be (4) where the appropriate government is of the opinion that it is !nexpedien·t on puhlic grounds affecting national economy to apply all is or any of the provisions of this act to any industrial establishm~nt or industrial establishments wherein any small scale industry or class of small scale industrie's, or any industry employing mainly the employer hitrulelf, is carried on that government may, by notification exempt such inciustrial establishment or industrial e~tablishments from all the 20 prov'ision~ of this act or such of the provisions of this act as it is of the opinion shall not apply to such industrial establishment of indu~rial esiablishmen ts 148 where in any industrial establishment or undertaking any joint consultative macnincry consisting of represcnltatives of employees and 2s employers or any other body consisting of one or more persons (by whatever name called) has ~)een set up for the purpose of settling individual disputes or indu8trial disputes and the appropriate government is satisfied that the functioning ot such joint consultative machinery or other body has been beneftcial to the employees employed in such in- 30 dustrial establishment or undertaking, the appropriate government may, by notification, direct that the provisions of chapter iv, chapter ix and chapter xii shall apply in relation 10 such 'industrial establishment or undertaking with sllch modification; as may be specified in such notification 3s chapter xiv modification of provisions of chapters iv, ix and xii in their application to certain industrial establishments or undertakings offence by trade union, c->mpany, etc misceltaneous 150 (1) where an offence under this ad has been committed by a company every person who at the time the offence was committed was in charge of, and was' responsible to, the company for the conduct of the business of the company, as well as the company, shall be deem- 40 ed to be guhty of the offence and shall be liable 1:0 be proceeded against and punished accordingly: provided that nothing contained in this tmb-section shall render any such pero;('in liable to any punishment, if he proves ·that the offence was committed without his knowledge or that he had exercised all 4s due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company nnd it is proved that the off~nce has been committed 'vlth the consent or conni vance of, or is attritutable to any neglect on the part of, any director, so manager, 8ecretvry, or other officer of the company, such director, manager, secretary or other officer shall be deemed to' be guilty of that offence and shall be liable to be proceeded against and punished accordingly explonaticm  -for the purpose of this section-(g!) "company" means any body corporate and includes a finn or other association of individual; and (b) "director", in relation to a firm, means a partner in the s firm power to remove difficulties in the interpretation of settlementor award 151 (1) subject to the other provisions of this act, if in the opinion of the appropriate government any difficulty or doubt arises 8s to the interpretation of any provision of an award or settlement, it may refer the question to sllch labour court, tribunal, or national commission: 10 as it jruly think fit (2) the labour court, tribunal or national commission to which such question is referred shall, after giving the parties an opportunity of being heard, c!ecide such question and its decision shall be final certain matters to be kept confidential ]52 there shall not be included in any report or award under this is act any information obtained by an arbitrator or a conciliation officer or court of inquiry or labour court or tribunal or national commission in the course of any investigation or inquiry relating to a trade union or any individual business· (whether carried on by a person, firm or coi1-pany) whlich is nqt available otherwise than through the evidence given 20 before such arbitrator, conciliation officer, cowt of inquiry, la'botlr court, tribunal or national conunission, if the trade union, person, firm or company in question has made a request in writing to the arbitrator, conciliation officer, court of inquiry, labour court, tribunal or national commission, as the case may be, that such ipforrnation 2s shall be treated as confidential; nor shall such arbitrator, conciliation officer, the presidinb officer of the labour court, tribunal or na:tional commission or chairman or other member of the court of inquiry or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of 30 the trade union or of the person, firm or company in question, as the case may be: provided that nothing contained ir this section shall apply to a disclosure of any such infol'lmation for the purposes of a prosecution 45 of 1860 under :;ection 193 of the indian penal code 35 publication, affixation and defacemeontof notjce, 40 45 5 of 1908 so 153 (1) sub~ect to the o';her provisions of this act, every authority (including an arbitrator) or officer who makes any order in writing, other than an award, shall-(a) in the case of an order of a general nature or affec;jing or whieh is likelv to affect a class of per90ns puhlish such ordpr in such manner ~s may in the opinion of such authority or officer being bef;t adapted for informing the persons aft'ec~ed or likely to be affected by the order; (b) in the case of an order affecting or which is likely to affect any c()rporation or firm serve 'the order or cause the order to he served, in the manner pro\oided for the service of summons in rule 2 of order xxix, or rule 3 of order xxx, as the case may be: of the corle of civil procedure, 1908; and  (c) in the case of an order affecting or which is likely to affect an individual serve the order or cause the order to he served on that individual--(0 pers~mally, by delivering or tendering him the order; (ii) by registered post; or (iii) where the person cannot be fouad, by leaving an authentic copy of the order with ioille adult male member of his family or by affixing such copy on bome conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain 5 (2) if in the course of any proceeding under this act a question arises whether a person was duly informed of an order made in pursuance of this act, compliance with sub-section (1) shall be conclusive proof that he was so informed but a failure to comply with 5ub-section (1)-10 (i) shall not preclude proof that he was so informed by other means; and (ii) shall not affect the validity of the erder power to require production of  books, etc l54 where any person is required by or under this act to m~ke any statement or furnish any information to any authority, that authority is may by order, with a view 10 verifying the $tatement made or the information furnished by such person require him to produce any books, accounts or other documents relating thereto which may be in his possession or under his control 155 (1) no suit, prosecution or other legal proceeding shall lie against 20 the government or any officer of the government for anyth<ing which is in good faith done or intended to be done in pursuance of this act or any rules made thereunder protection of action taken under the act and protection of persons (2) notwithstanding anything contained in the rules of a trade union or society, no person refusing to take part or to continue to take 25 part in any strike or lock-out which is illegal under this act shall, by reason of such refusal or by reason (if any action taken by him under this section, be subiect to expulsion from "uch trade union or society or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable 30 ito be placed in any respect, either diredly or indi1"ectly, under any disability or at any disadvantage as compared with other members of such trade union or society (3) nothing in the rules of a trade union or society requiring thf' settlf'ment of dispute in any manner shall apply to any proceeding for 35 enforcing any right sf'cured by thic; section, and in any such proceeding the civil court may in lieu of ordering a person who has been expelled from membership order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that court thinks just 40 represen_ tation of parties 156 (1) an employee who is a party to any proceeding under this act in relation to an individual dispute, shall be entitled to be represented in such proceeding by-(a) an office-bearer o~ a registered trade union of employees of which he is a member; or 45 (b) an office-bearer of a registered trade union which is an association of trade unions of employees of which the trade union referred to in clause (a) is a member (2) an employer who is a party to any proceeding under this act ailall be entitled to be represented in such proceeding byso (a) an office-bearer of a registered trade union of employers of which he is a member;  (b) an office-bearer of a registered trade union which is an association of trade unions of employers of which the trade union re-s ferred to in clause (a) is a member; or (c) where the empolyer is not a member of any registered trade union of employers, by an office-bearer of any registered trade union of employers connected with, or by any other employer engaged in the industry in which the employer is engaged and authorised by 10 such employer in such manner as may be prescribed (3) no party to an individual dispute or industrial dispute shall be entitled to be rej?resented by a legal practitioner in any conciliation proceedings under this act or in any proceedings before an arbitrator (4) in any proceeding before a labour court, tribunal, or national is commission, a party to such proceedings may be represented by a legal practitioner only with the consent ot the other party or parties to the proceeding and with the leave of the labour court, tribunal or national colllmission, as the case may be explanaltion-for the purposes referred to in sub-section (1) or sub-20 section (2), it shall b~ sufticient that the trade union of employees or employers, as the case may be, referred to therein has been registered in any state under this act power to amend schedule •• 1l;'1 (1) where the appropriate government is satisfied that public in\terest :requires that an industry, which is essential to the ldfe of the 25 communilty and which is not specified in the first schedule shouldi be daclared aa an essential service, it may, by notification make a declaration to that effect and on such declaration being made the industry so declared shall be deemed to have been included in the first schedule (2) the appropriate government may, by notification, omit any 30 industry from the first schedule and on the issue of such notification the first schedule shall be deemed to be amended accordingly (3) the central government may, by notification, add to or alter or amend the second schedule, the third schedule or the foudh schedule and on the issue of any such notification, the second sclledule,the third 3s schedule or the fourth schedule, as the case may be, shall be deemed to  be amended accordingly (4) every notification issued by the state government under this section shall be laid, as soon as possible after it is issued before the state legislature 40 (5) every notification issued by the central government under this seetlon shall be laid, as soon as may be after it is issued, before each house of parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following 45 the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree tl1at the notifiea·tion should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without so prejudice to the validity of anything previously done under that notification deiegation of powers i58 the appropriate government may, by notification, direet that 811, power exercisable by it under this act or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also-(a) where the appropriate government is the central govern-s ment, by such officer or authority subordinate to the central gov ernment or by the state gwernment or by such officer or 'avthority subordinate to the stalte govcnunent) as may be specified in\ the nctificaticn; and (b) where the appropriate government is a state government, to by such ofllcer or authority subordinate to the state government as may be specified in the notification; lit (l) the appropriate government may, b~ notificatien, make rules for the purpose of giving effect to the provisions of this act pbwerto ntake rules (2) in particular and without prejudice to the generality of the jore- is going power, such li'ules may provide for all or any of the following matters, namely:-(a) the authority which would be the employer in relation to an industrial establishment or undertaking managed by, or on behalf of, a department of the central or state government under sub-clauae 20 (a) of clause (12) of section 2; (b) the quorum for a meeting of a court of inquiry, under subsection (3) of section 8; (c) the terms and conditions of service of the presiding oftlcer of a labour court or tribunal, under sub-section (2) of section 13; 3s (d) the manner of notifying by the tribunal of its intention to determine the support of a registered trade union of employees or election to choose the chairman or other members of a negotiating committee and the particulars to be specified in such notice, under sub-section (1) of section 53; 30 (e) the particulars, of any registered trade union of employees certified as negotiating agent in 'l'elation to the employees of a negotiating unit, to be specified in an application by a registered trade union of employees for certification as negotiating agent, under sub-section (1) of section 55; 3s u) the particulars of any registered trade union of employees certified as sole negotiating agent to be specified in an applfcation of a registered trade union of employees for certlfication as a local union under sub-section (2) of section 55; (g) the form in which an application by a registered tr-ade union 40 of employees for certification as sole negotiating agent, chief nego-' tiating agent, associate union or local union shall be made, the particujars which such applicetio,n shall contain and the fees whdch shall aeeompany such application, under sub-sectlon(3) of section 55; (h) the manner in which the notice referred to in sub-i1ection 4s (2') of section 59 shall be served; (i) the procedure in enquiring into an applicailion by a registered trade union of employees for certificati~ as negotiating agent or local union under sub-section (5) of section 59; 5 (j) the manner of the election of the chairman and other members: of a negotiating committee the persbns qualified to stand for election, the disqualifications for being chosen as and for being such chairman or other member, the manner of settlement of disputes relating to the election and the filling up of casual vacancies, under sub-section (3) of section 61; 10 (10) the procedure to be followed for the transaction of business of the negotiating committee (including the quorum for its meetings), under sub-section (5) of section 61; (l) the constitution and procedure ot grievance settlement authority referred to in clause (j) of sub-section (1) of section 67; 15 (m) form of application or notice, as the case may be for permission to lay-off employees or for approval of lay-off of employees or to retrench employees or for closure of any industrial establis1:lment or undertaking under section 82, section 83 or section 88 as tbe case may be; 20 (n) the manner in which opportunity shall be given to retrenched employees to otier themselves for re-employment, under section i 85; " (0) the manner in which intimation of strike or lock-out shall be given to the appropriate government under sub-section (2) or sub-section (7), as the case may be of section 90; 25 (p) the manner in which any dispute pertaining to a strike ballot shall be decided under sula-section (4) of section 90; (q) the person or persons by whom and the manner in which a notice of strike is to be given, and the manner in which a n~ice of 30 lo\ck-out is to be given, under sub-section (9) of section 90; (r) the authority to which an employer shall report the number of notice or notices of strike received by him or notice or notices of lock-out given by him 011 any day, under sub-section (10) of section 35 90' , (8) the time within which and the authorities to which the copies of a settlement shall be forwarded by the employer under sub-section (4) of section 97;  (t) the manner in which a memorandum of settlement arrived at under sulb-section (3) of section 97 is to be registered wd-thl the conciliation officer under sub-section (5) of that section; 40 ('\l;) the manner in which a report is to be submitted to the conciliation officer regarding the failure of negotialtions or the continuance of negotiations for a period of more than sixty; days under subsection (1) of section 98; 45 (v) the manner in which conciliation proceedings are to be commenced by the conciliation officer wlder sub-section (2) of section 98; (w) the manner of applying to the labou~' court for the, adjudi~ calion of an individual dispute under sub-sectlqrl (4) of section 103, so (x) the procedure relating to the enquiry referred to in sub~ section (6) of section 108; (y) the manner in which any award, determination or decision of a labour court, tribunal or national commission is to be executed under section 125; s (z) the manner in which an employer may authorise an officebearer of any trade union of employers or another employer t~ represent him in any proceeding under this act, under clause (cj of sub-se<$ioo (2) of section 156; i (za) any other matter which has to be or, may be, prescribed 10 under this act (3) the central government may, by notification, make rules to provide for all or any of the following matters, namely:-(a) the functions of a national commission under clause (c) of sub~section (1) of section 11; is (b) the terms and conditions of service of the presiding officer of a national commiss;on under sub-section (2) of section 13 (4) the state government may, by notification, make rules to provide for all or any of the following matters, namely:-(a) the form in which the general statement of assetts and! liabi- 20 lities of a trade union is to be delivered to the registrar and the particulars which such statement shall contain, under sub-section (3) of section 19; (b) the manner of audit of the a~counts of trade union~ under clause (j) of section 22; 25 (c) the form in which the register referred to in sub-section (2) of section 23 is to be maintained; - (d) the form in which a certificate of registration of a trade union is to be issued, under sub-section (1) of section 24; (e) the form of the application for the cancellation of the certi- 30 ficate of registration of a trade union and the manner in which the facts stated in such application may be verified, under clause (a) of sub-section (1) of section 26; the period within which the annual return referred to in clause (b) of that sub-setion is to be submitted and the period within which the defects in such annual return may 3s be rectified under clause (c) thereof; the date before which the annual elections to elect the office-bearers of a trade union shall be held, under clause (h) of sub-section (1) of that section; (1) the manner in which and the time within which a person aggrieved by the refusal of the registrar to register a trade union, 40 or by the cancellatio~ of, a certificate of registration, may appeal to the tribunal under sub-section (11) of section 27; (g) the authorities to which notice of any change in the addren of the registered office of a ,trade union is to be given under sub-~ectfon (2) of section 29;  4s (h) the manner in which the membership fee deducted by the employer from lhe wages of the employees is to be paid over by such employer to the trade union concerned, under sub-section (2) of section 30; (0 the date on or before which an offlce-bearer of a trade union is t~ file a statement of his assets and liabilities every year, under 5 secbon 35; (j) the manner in which the regi~trar shall, on the dissolution of a trade union, divide its funds amqtlg its members in the circumstances referred to in sub-section (2) of section 40; 10 (k) the manner in which the general statement of receipts and expenditure of a trade union is to be audited, the date on or before which such general statement is to be forwarded to the registrar the f()rm in which lruch statement shall be prepared and the particulars which it shall contain, under sub-section (1) of section 41; is (1) the manner in which, and the time within which, an application is to be made to the tribunal for the adjudication of a dispute referred to in sub-section (1) of section 43; and the manner in which the tribunal or national commission may enquire into such disp!1te under sub-section (4) of section 43 (5) all rules made under this section shall be subject to the condition 20 of previous publication 160 (1) every rule made by the sta~e government under this act shall be laid, as soon as may be a~ter it is made, before the state· legislature layin, of rules before state legis_ lature and houses ot parliament (2) every rule made by the central government under this act shall 2s be laid, as! soon as may be after it is made, before each house of parliamei'l\t, while it is in session for a total period of ithirty days, which may be comprised in one session or in two or more successive sessions, and df, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any loodi-30 ficatiotlj in the rule or roth houses agree that the rule shouild nat be made, the rule shall thereafter have effect only in ~ch modified form or be of no effect, as the case may be; st' however, that any such modification or annulment shall be without prejudice to the validity of anythling previously done under that rule 16 of 1926 3s 161 (1) the trade unions act, hl26, the industrial employment (standing orders) act, 1946, and the industrial disputes aci~, 1947, are repeal and savin, 20 of 1946 hereby repeaood 14 of 1947 (2) notwithstanding the repeal of the acts referred to in sul>-section (1)-]6 of 1926 45 (a) where no appeal has been preferred before the commencement ot this act under section 11 of the trade unions act, 1m, from any order of the re~i!';trar registering or cancelling the registration of a trade union and the period for preferring such appeal has not expired at such commencement, the aggrieved person may prefer an appeal to the industrial tribunal within ninety days from the commencement of this ad, as if such order were an order made by a registrar under this act; (b) any appeal preferred to a high court or 'to any other court 16 o~ 1928 under seetion 11 of the trade unions act, 1926, and pending at the commencement of this act shall be di~ed of by the high court or other coui"t, as the case may be, as if it were an appeal preferred under seclion 27 of this act to a tribunal; s (e) all standing orders in force in any industrial establishment or undertaking shall, in so far as they relate to any matter specified in sub-section (7) of section 73 and are not inconsistent with the provisions of this act continue to be in force in that industrial establishment or undertaking until standing orders to provide for that matter 10 are made by the central government under sub-section (1) of section 73; (d) every labour court and industrial tribunal comtituted by the appropriate government under the industrial disputes act, 1947 14 of 1947 (hereafter in this section referred to as the industrial disputes act) is and functioning at the commencement of this act shall be deemed to be a labour court and tribunal respectively established by the respective appropriate government under this act (such labour court or tribunal hereinafter being referred to as the corrcsponding labour court or corresponding tribunal as the case may be) and every na- 20 tional industrial tribunal constituted by the central government for the adjudication of any industrial dispute as defined in the industrial disputes act shall be deemed to be a national commission constituted by the central government for the adjudication of such dispute (such national commission hereinafter being referred to as the cor- 25 responding national commission); (e) every person appointed before the commencement of this act, as a presiding officer of a labour court, industrial tribunal or national industrial tribunal constituted under the industrial disputes act, and holding office as such immediately before such 30 commencement shall, on and from such commencement, be deemed to have been appointed as presidin~ officer of a labonr cour1t tribunal or national commission, as the case may be established or constituted under this act, and shah hold such office with the same rights and privileges as to pension, gratuity and other matters as 35 would have been admissible to him if this act had not been enacted and shall continue to do so unless and until the employment of such person is duly terminated or until his remuneration and other conditions of service are duly altered by the appropriate government, in the case of the presiding officer of a labour court or tribunal, or 40 by the central government, in the case of a national commission; (f) any reference for arbitration made by the employers and employees of any matter which is an individual dispute, industrial dispute or trade union dispute as defined in this act and pending at the commencement of this act shall be deemed to be a refeience for 45 arbitration of such matter made under this act and shall be dealt with accordingly; (g) any settlement arrived at in pursuance of negotiations between employers and employees or in pursuance of conciliation by a conciliation officer under the industrial disputes act, or any so award made by a labour court, industrial tribunal or national in-~ustrlal tribunal under that act, befo,re the commencement of this act and subsisting at such commencement may be executed as if it were a settlement arrived at in pursuance of negotiation under section f1i or conciliation under section 98 or an award made by a labour court, tribunal or national commission under the pro-s visions of this act; (h) any proceeding pendirg before a labour court, industrial tribunal or national industrial tribunal constituted under the industrial disputes act, at the commencement of this act shall stand transferred to, and be continued from the stage at which such procee-10 dings are pending, by--(a) where such proceedings are pending before a labour court or industrial tribunal constituted under the industrial disputes act, the corresponding labour court or industrial tribunal; and is (b) where such proceeding are pending before a national industrial tribunal constituted under the industrial disputes act, the corresponding national commission: provided that no application for the execution of such settlement or award shall be made after the expiry of n"inety days from 20 the commencement of this act; (i) any reference of an industrial dispute for adjudication made tj a labour court, industrial tribunal or national industrial tribunal under the industrial disputes act, shall be deemed-(a) where such reference is for the adjudication of an industrial dispute referred to in section 2a of the aforesaid act, to be an application for adjudication of an individual dispute made under section 103 of this act; and 30 (b) where su-:-h reference is for the adjudication of any other industrial dispute, under the act aforesaid, to be a reference for adjudication of an industrial dispute under section 104 of this act, and shall be dealt with accordingly; and (j) any application for permission made under sub-section (1) of section 25m or notice given under sub-section (1) of section 3s 25n or under sub-section (1) of section 250 of the industrial disputes act shall be deemed to be an application made or notice given under the corresponding provisions of this act (3) the mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application lof section 6 and 10 of 1897 40 section 24 of the general clauses act, 1897, with regard to the effect of repeal and the effect of repeal and re-enactment 162 where before the commencement of this act, any industrial dispute concerning any industry as defined in the industrial disputes 140! 11147 act, 1947, has been referred 1br adjudication under that act, to a 4s labour court industrial tribunal or national industrial tribunal , constituted under that act, but the provisions of this act do not apply provision regardin, pending proceed_ ings lot adjudj-to such industry, then, if· such adjudication proceedings are pending at the commencement of this actcation of industrial disputes to which this act does not apply (a) where such proceedings are pending before a labour court or industrial tribunal constituted under the industricll disputes act, 1947, the corresponding labour court lor corresponding tribunal; s 14 ot 1947 and 14 of 1947 (b) where such proceedings are pending before a national industrial tribunal constituted under the industrial disputes act, 1947, the corresponding national commissiun, shall proceed with th~ adjudication of such dispute in accordance with 10 the provisions of this act as if this act applied to such industry and the award made in such adjudication proceedings shall, for all the purposes of this act, be deemed to be an award made by a labour court, industrial tribunal or national commission as the case may be, established or constituted under this act in an industrial dis- is pute referred to it for adjudication transitional provision 163 without prejudice to the provisions contained in section 161, where any provision of this act is brought into !orce in any state before the commencement of that section, the corresponding provision, if any, in the trade union~ act, 1926, the industrial emplpymedt 20 16 of 1926 (standing orders) act, 1946, or the industrial disputes act, 1947, shall 20 of 1941l fltand repealed and the provisions of sub-section (2) and sub-l'ection 14 of 1947 (3) of section 161 shall, so far as may be, apply to such repeal 164 (1) if on the commencement of any provision of this act in any state, there is any corresponding provis:on in any state act in force 2s in that state, such provision shall stand repealed repeal of state laws and savings (2) where any provision crf any state act stands repealed under sub-section (1), the provisions of sub-section (2) of section 161 shall, so far as may be, apply to such repeal in the same manner as they apply in relation to the repeal of the acts mentioned in sub-section (1) of 30 that section (hereafter in this section referred to as central acts): provided that any reference in sub-section (1) of section 161 to any provision of any of the central acts or any officer, authority, tribunal or court appointed or constituted by or under any of the central acts shall be deemed to be reference to the corresponding provision of, or 3s corresponding officer, authority, tribunal or court appointed or constituted by lor under, the corresponding state act so repealed: provided further that if any question arises as to who or which such corresponding officer, authority, tribunal or court is, the dechlion of the central government thereon shall be final 40 (3) the provision jbr particular matters made by sub-section (2), read with sub-section (2) of section 161 shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897, with regard to the effect of repea1 10 of 1897 165 save 88 otherwise provided herein, the provisions of this act shall 45 have effect notwithstanding anything inconsistent therewith contained in any other law for the time bein~ in force overriding effect of the act 1  (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, do anything, not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpose of removing the difficulty power to remove difficulties s (2) no order ul!der sub-section (1) shall be made after the expiration of a period of two years from the commencement of this act 167 in section 6 of the sales promotion employees (conditions of service) act, 1976, sub-section (2) shall be omitted amendment of act 11 of 1976  the first schedule10 [see section 2 (13)]  essential services1 any establishment of, or connected with, the armed forces of th~ union or other establishments or installations connected with the defence ot the country against war or external aggression is :l any railway service, or any other transport service for the carriage of passengers or goods by air, water or land 3 any service in the internati!onal airport authority of india constituted under section 3 of the int~rnational airports authority act, 1971 4 any service in, or in connection with the working of, any major 20 port or dock 5 any section of an industrial establishment or undertaking on the working of which the safety of such establishment or undertakine or the employees employed therein depends 6 any postal, telegraph or telephone service 2s 7 any service in, or in connection with, the working of any public sector undertaking engaged in the purchase, procurement, storage, su~ ply or distribution of food grains 8 any industry which generates, supplies lor distributes power, light or water to the public, whether directly or indirectly ~ 9 any system of public conservancy or sanitation 10 banking 11 all atomic energy installations including nuclear power tatlons 12 production, supply and distribution of coal  the second schedule [see section 9 (5)] ma'l"rrs within the jurisdic'l'ion 01' laboua coubts1 the propriety or legality of an order passed by an employer under the standing orders 2 the application and lnterpretatio,n of standin, order • 3 discharge or dismissal or termination otherwise ,of services (not being retrenchment) of employees including reinstatement <if, or grant of relief to, employe~ wrongfully dismissed ' 4 withdrawal of any customary co,ncesslion or privilege 5 illegallity or otherwise of a strike or lock-ou't 5 6 computation of dues payable to employees 7 ala other matters other than those spe<jfied in or under the third schedule  the third schedule[see section 10(5) (a)] 10  mattebs within the jujusi)jlction of industrial tribunals1 wages, including the period and mode of payment 2 compensatory and other allowances 3 ~s of work and rest intervals 4 leave with wages and holidays 15 5 bonus, profit sharing, provident fund and gratuity 6 shift working otherwise than in accordance with the standing orders 7 classifica1tion by grades 8 rules of discipline 20 9 rationalisation 10 retrenchment of employees and closure of an industrial establish~ - ~ment or underlaking 11 any other matter which may be prescribed  the fourth schedule[see section 2 (39) ]  unfair practices i on the pan of employers and trade unions of employers(l) to lin,terfere with, restrain from, or coerce in the ma~ter of, the exercise by employees of their rights to organise, form, join or assist a 30 trade union o~ employees or to engage in concerted activities for the purpose of mutual aid or protection, that is to say,-t(~ (a) thrpatening employees with discharge or dillmissal, if they join a !trade union of employees; (b) threatening a lock-out ojl' closure, if a trade union of em- 3s ployees is organised; or (c) granting wage increase at crucial periods of traae union organisation, with a view to undermining the efforts of the trade union at ~anisation (2) to dominate, interfere with the working of, or contribute support 5 (ftnancial or otherwise) to any trade union of employees, that is to 88y,-;- «i) an employer taking an active interest in organising a trade union o~ his employees; or 10 (b) an employer showing partiality or granting favour to one of several trade unions of employees attempting to organise or to its members ezplanation-this provision shall not apply to recognition by employer of the rights of any registered trade union of employees conferred by this act or provision by employer to such registered trade union of employees facilities which he is bound to provide for under this act 15 (3) to establisl1 employer-sponsored trade unions of employees (4) to encourage or discourage membership in any trade unon of employees by discriminating against any employee, that is to say,-«i) di8charging or punishing an employee because he urged otur employees to join or organise a trade union of employees; aa (b) refusing to reinstate an employee because he took part ill  a lawful strike; (e) changing seniority rating o~ employees because of hij trade union activities; (d) refusing to promote an employee to higher posts on account of his trade union activities: or placing restrictions on promotions and training in respect of any employee because of his trade union activities; (e) giving unmerited promotions to any employee with a view to 30 ereatin~ discord amongst other employees or to undermine the strength of their trade union; (i) dischar$ng office-bearers or active members of trade unions of employees or transferrin~ them from one pl~e to another on account of their trade union activities; 35 (g) allocation oil unfair task to certain employees including af'-sfgnment to the lower grade employees duties of higher grades of employees, or entrustment of the most strenuous jobs to particular employees, on account of their trade union activities; 'or (h) payment of extra bonus or other financial incentives to nonunionised employees as an incentive to becoming members of any, 40 , particular trade union (5) t~ di!':('harge 01' discriminate against any employee for ruln'f charges o!' testifying against an employer in any inquiry or proceedingl relating to any individual dispute or industrial aispute (t) to refuse to bargain collectively in good faith with the registered traile union of employees certified as negotiating agent, or weal u'iiic»n in accordance with the provisions of this act and to interfere with the right of employees to bargain collectively (7) to coerce employees, through administrative measures, with i '5 view to securing their agreement to voluntary retirement (8) to discharge or dismiss or transfer employeesem-(a) not in good faith but in the colourable exerdle uf the 'ployer's rights; 10 (b) by falsely implicating them in a criminal case; (e) for patently false reasons; (d) on untrue or trumped up allegations of absence witho!lt leave; (e) in utter disregard of the pr:nciples of natural justice in the conduct of domestic inquiry or with undue haste; is (1) for mismnduct of a minor or technical character, without having any regard to the nature of the particular misconduct,1iml'eby  leading to disproportionate punishment; or (g) to avoid payment of statutory dues  (9) tq abolish the work which is being done by the employees and to 20 give such work to contractors as a measure for breaking a sttike or weakening a trade union of employees or generally terrorising the emp~ ' (10) to insist upon individual emnloyees who were on legal strike to sign a good conduct bond as a pre-condition to allowing them to resume 25 work (11) to show favouritism or partiality to one set of employees on 'the , ground of caste, religion, language trade union affiliation or on any other ground regardless of merit (12) to employ workmen as flbadlis", c8sual or temporary and to ~o continue them as such indefinitely, with the object of depriving them of the status and privileges of permanent workers '(13) to violate established procedures of personnel management regarding appointment, confirmation, transfer, promotion, wage" incentive earnings, redress of grievances and other relate~ matters ~( (14) to violate, or refuse to implement properly, any award or settlement :   i (15) to discontinue any customary privileges (18) to delay tn making payment of, or fail or reluse to ply, 'iums payable by employer as his contribution, or the employees' eoritllbtiuon 40 dech1cted by such employer from the wages of his employees, under the employees' provident funds and miscellaneous provisions act, '1~, to-19 of 1901 wards the provident fund or deposit-linked insurance p'und eatab11sbed under that act ' ~ --1'  :  1: (17) to introduce labour saving techniques or machines without prior consultation with the negotiating agent and 'without planning for the alternative employment of the employees, thereby rendered surplua, either within or outside the industrial establishment or undertaking con-5 cerned (18) to declare a lock-out, for the purpose of pre-empting any fair or lej1timate trade union activity or for coercing the employees or their uniotls to accept unfavourable terms of employment, including servtce eon'ditionl work environment, or for curtailing produ<:tion fl on the part of employees and trade unions of employees 10 (1) to coerce employees in the exercise of their right to self-orpld-"ion or to join a trade union of employees of their choice or refrain from joidula any trade union of employees (2) for the itriking members of a trade union of employees to picket is 1lod4triking employees in such a manner that such non-striking em floy  are physically debarred from enter!ng the work place (3) to inuulge in acts of force or violence or to hold out threats of mtlmidation, in connecti<m with a strike against non-striking emplo, &t agaiftst the managerial staff or with the intention of compeuing the 20 employer to do or omit to do any particular thin8 (4) to refuse to negotiate collectively in good faith with the employer an diahonour an agreement entered into in the course of negotiations under section 97 or concilation under section 98 (5) to indulge in coercive activities with the intention of preventing 2s the certification of a registered trade union of employees as sole negotiating agent or chief negotiating agent or the constitution of a negotiatine committee (6) to encourage or instigate or engage in slowing down production (whether it is called "work to rule" or by any other name) to compel the 30 employer to accept the demands of the employees or any section thereof (1) to stage demonstrations at the residence o~ the employers or tbe managerial staff (i) to refute to work overtime when exigencies of service nq1i'lie pti'i'wrrumce of overt· me work  statement of objects and reasonsthe three central enactments which, at present, regulate matters relating to industrial relations are the trade unions act, 1926, the indu-trial employment (standing orders) act, 1946 and the industrial disputes act, 1947 besides, there are state laws on these matterl in some states to supplement the central laws a voluntai'y code of discipline has also been in existence since 1958 it provides for the setting up of a grievance procedure for the redress of individual gr;cvances, and layi down a set of criteria for the recognition of unions the national commission on labour (1969) which studied the industrial relations practices and procedures found a number of shortcomings which had impeded the growth of industrial harmony it came to the conclusion that it waa essential to create a climate conducive to industrial harmony and foster proper attitudes, in the minds of employers as well as employees, so tba\ cooperative endeavour might promote rapid economic progresa the commission made useful recommendations concerning the scope and coverage of the laws, procedure and machinery for speedy setuement of disputes and registration and recognition of unions later, a aq-member tripartite committee on comprehensive industrial l'-elations law and composition of the indian labour conference set up by the central government in pursuance of a recommendation of the tripartite labour conference (may 19'17) studied the existing laws and made recommendations regarding the broad framework of a comwehensive law on industrial relations the committee's report indicated that there was a large measure of agreement on some of the basic aspects relating to the  industrial relations law but there were divergent views on some details 2 in the light of the experience gained, the views expressed by all the interests concerned and the growing expectations of the working class, it is considered necessary to have a comprehensive industrial relatioll8 law which would integrate the three central enactments, incorporate some of the more important provisions of the state enactments and the code of discipline and ·bring about certain improvements to meet the needs of changing socio-economic conditions 3 the objective of the new law is to delineate a legal framework that will promote cordiality and peace in industrial establishments, protect the legitimate rights of employees and the legitimate interests of 1nd~, so that industrial harmony and cooperation may lead to increased production and productivity, increased flow of, goods and services and consequent improvement in the standards of living of the people and a greater measure of social justice 4 the exwession - 'indus try" has been widely interpreted by the supreme court recently having !regard to the nature of the work performed! in hospitals, the need to maintain in educational and training institutions and in scientific and research organisations an atmosphere different from that in industrial and commercial undertakings, and to meet the special needs of organisations engaged in charitable, social and philanthropic services, such institutions and organisations are being ex  oluded from the provisions of the bill it is proposed to have a separate law to protect employees of such institutions and organisation from llt'bitraryaction and to provide procedures and machinery for the rediresa of their individual and collective grievances all these have been taken note of and the term "industry" in the bill has been made more specific even while making the coverage wider the scope of the term "employee" has also been enlarged to cover the supervisory staff whose wages do not exceed rs 1,000 per month as well as those eml-)loyed in sales promotion, professional or recreational work  5 multiplicity of trade unions has often led to difficulty in identifying the negotiating agent this has sometimes resulted in competitive demands and irt"esponsible industrial action the bill, therefore, seeks to provide for conditions which are conducive to the growth of a health, and responsible trade union movement the existing minimum condttionsfor registration are being changed in the light of the growth that the trade union· movement has registered in the last few decades it is sought to encourage leadership from within the trade unions the procedure for registration of unions and other connected mattera are being streamlined a plfocedure is being laid down for the speedy resolution of trade union disputes the bill also provides that employers and employees and the trade unions of employers and employees should adhere to fair practices 6 one of the crucial issues confronting the industrial relations scene i the question of identifying a negotiating unit on which there is at present no central law the bill provides for the determination of a negotiating unit by the appropriate government industrial tribunala will determine through the wocess of verification of membership of the unions or by secret ballot the "negotiating agent", the "associate union" and the "local union" it will be fur the appropriate government to decide inter alia in the light of the state of unionisation in the industry and certain other matters, whether such determination will be done through a secret ballot or through verification of membership according to the &cheme ot certification, a registered trade union can be certified as a 101e negotiating agent jf it has the support of 65 per cent or more of the emwoyees of an establishment or as chief negotiating agent if it baa the support of less than 65- per cent but not less than 50 per cent of the em,p~?)"e¥- in the latter case, other registered trade unions with the 8uppprt ofat lellit 2o~r cent of the employees will function as associate ~o~ %exe there is, no trade union or none qualifies as a negotiating ~en,t, :~egotiati~ committee would be formed by election tbrou8h ~~, ~~ to functicm as th~ sole negotiating agent ina local unit of lqestabushnleqt where there is an industry-wise negotiating agent, a resa-tered ~~ union with the maximum support but not less than 40 per cent of tbe employees of that unit can be certified as a local union a 'e89tiatingagent would hold office for two years and be competent t(, negotiate with the management and enter into binding settlements the bill provides for the rights and privileges of a negotiating agent, associate unions and local unions it also provides additional protection to the office-bearers ot; such\ulions against anti-union practices these measures would provide the much-needed stability in the employer-employee relatiolulhip ,in industrial establishments 7 the bill, for the first t!ime, makes a specific proviaion lor biplfw negotiations 81 the first step for settling industrial dilputel tbii m  tended flo promote mutual understanding and ioodwill '1'he bw , lays stress 011 the need to exhaust all modea of settlement wre ~ tiod, conciliation, arbitration, etc, before ettlier party decidet to l'8iort to direct action these procedures would b time-bouad a dilunctlioll will be made between establishments or undertalddp that cater to essential services and others in the former, there would be compulloq reference of disputes for adjudication, or arbitration fawng biputue negotiations and conciliation; in these ca&eii there would therefore be no need for any work-stoppage either in the fonn of a strike or lockout; and all sections of society will be assured of continue4 availability of these essential services in non-essentiai services, where diapuaet c~t be settled by any other means and the employees want to l'eiort te strike it would be necessary for a negotiating agent to conduct a itrike blilot and obtain the support of 60 per cent of the employee bebe 8 strike is resorted to it would also be req\lired to give 14 dey' notice before going on strike in the cne of a lock-out, it wouid be deeell11u'j tor the employer to give 14 days' notice after recordint the approval of the highest authority in the establishment to such dotice 8 disputes are classified in the bill into three caiegoriel, damel¥, individual, industrial and trade union disputes in 10 far a8 iildivic&l disputes are concerned, the law would provide for a statugny grievance procedure within an establishment and every employee with a grievance ean have recourse to it if the aggrieved employee is not satided with the decision of the griev8l\ce settlement authority be wmdd be endt1ecl to approach a labour court direct to have his cue judicially detezmlbed in industrial disputes, the referel'lce would be made by the appropdate government in the case of trade union disputes the matter ean be taitea to a tribunal by any member of a trade union or a trade union or the appropriate government if the appropriate government i aatisfied that there is a joint consultative machinery, tribunal or other body alreimi, fi1nctioning in any industrial establishment or undertaking to tlae bed  of the employees, that government may, by notiacation in the 01bcial gazette, direct that the provisions of chapters iv, ix and xu shah app, in re:tation to that establishment or undertaking with the modifteattooa ~ed in the notiftcation 9 industrial judiciary would consist of labour courts, industtfai tribunals and national industrial relations commission these bodies would have their runctions clearly defined the national industrlft relations commission, besides adjudicating luch disputes as are at present adjudicated by the national tribunals, will also advise the central government on such matters as may be referred to it the labour courts, tribunals, etc, would ~lao be required to give their decision within certain stipulated time limits the bill seeks to confer on these authorities power to issue interim order 01 stay and injuncttml~ to grant relief during the pendency of proceedings and to execute their awards and orders 10 under the bill employees in establishments employing 20 or more employees and affected by lay-off would be entitled to 50 per eat of their wages for the first month of lay-off and 75 per cent for flb~uedt months in respect of lay-off, retrenchment and closure the employment limit of an establishment for the purpose of prior permission would be 100 instead of 300, as at present there would be exemptions from this requirement in certain cases 11 change in conditions of service sometimes becomes a major lrrltaftt in the labour--management relations at present the law requirel in certain cases a notice to be given before the employers can effect 8ft1 changes the bul provides that as a rule, all changes in the condittorl8 of service, except in respect o~ specified matters can be brought about only \\lith the ronsent of the employees likely to be affected by the changes the law would also empower the appropriate government to specify, as an interim measure a set of conditions of service and relief for any class of employees in any collective disputes 12 with a view to simplifying procedures, the bill provides for the making of uniform standing orders on certain specified matters by l'lottfleation 1j:y the central govemment parties would be free ~ supplement them by bipartite settlements a statutory provision is alsn being made for the payment of subsistence allowance to emp,loyeer; under suspension, pending domestic enquiry 13 a serious draw·back of the existing enactments is that the provfildm l'oi1tained in them particularly for the enforcement of _uements aaa awam for ehecting illegal strikes and loek-outs, ete, baw! not been elllettve and persons entttled to relief ftnd it difficult to enforce-their nib-t to mad the law efteettve, the bill aeeks to make the peml prev1etons in tl1e law more stringent  14 with the enactment of the industrial relations bill, the tliree central laws would be repealed under the transitional provisions, provision has been made to enable the bringing into force of the legislation in dift'erent states on different dates a state law would cease to be in fmoe on the enforcement of the provisions of this legislation in that state new deun; ravindra varma ?he 18th augun, 19?6 sub-clause (1) of clause 3 of the bill empowers the central government to appoint a chief labour commissioner and sub-clause (2) of that: clause empowers that government to awoint joint chief laobourcommissioners, deputy chief labour commissioners, regional labour commissioners, assistant labour commissioners and such other officers as it, may consider necessary to assist the chief labout commissioner in the dilcharge of his duties 2 under sub-clause· (1) of clause 4, the central government' may appoint such number of conciliation officers as it thinks fit charged with the duty of mediating in and promoting the settlement of industrial disputes 3 under sub-clause (1) of clause 8, the central government may coni-titutecourts of inquiry for inquiring into any matter' connected or appearing to be connected with or relevant to an industrial dispute or trade union di~ute 4 under sub-elause (1) of clause 9 of the bill, the central govemm~t is empowered to eltabhsli such number of labourceurts a81t tbtnka fit  and under sub-elauae (il of that clause, the central government ism appoint the prestdfng ofilcers of such la'bour courts similarly, un_ iub-elnie (1) of clauae 10, the central government is empowered ;to, establish industrial tribunals and under sub-clause (3)· of that clause, tlle  central government is to appoint presiding officers of such industrial tribunals 5 clause 11 of the bill empowers the central government to constitute national industrial relations commissions' 8 there are at present a chief labour commissioner, a joint chief labour commissioner, deputy chief labour com~issioners, regional labour commissioners, assistant labour commissioners, conciliation oftlcers and labour courts-cum-industrial tribunals but if, the bill is enacted and brought into force, a few more surh officers may have to be appointed for its effective implementation similarly for more expeditious adjudication of disputes within the t:me limits provided therefor in the bill, the number of la:bour courts and jndu~trial tribunals may have to be lnc1'eased additional staff to assist the aforementioned officers and labour courts and industrial trlbun"ls also would have to be provided 7 it is difficult to make an accurate assessment at this stage of the number of additional officers of the categories aforementioned or additional staff that will have to be appointed, or the additional number of labour courts and tribunals that may be needed, for the effective enforcement of the proposed legislation, courts of inquiry and national ir-dustrial relations commissions are to be appointed as and when the nped arises it is, however, estimated that the annual recurring expenditure if the bm 11 enacted and brought into operation is likely td be rs 13 jakm the non-recurring expenditure is likely to be rs 7 lakhs clause 148(3) of the bill empowers the appropriate government, by dotification in the oftlcial gazette, to direct that the provisions of clause 77 of the bill shall not apply or shall apply subject to such modifications, as may be specified in the notification, to any class of industrial estab-uahments or \ulciertakings or any class of employees employed in any indus1lrial;establishment or i undertaking where tile awrof1l'iate g0-vernment is of the opinion that the application of the provisions of clause 77 to such class of industrial establishments or undertakings or such class of employees is likely to affect prejudicially the employers in relation thereto and that the public interest so requires 2 clause 149 of the bill empowers the appropriate government to direct, by notification in the official gazette, that the provisions of chapter iv, chapter ix and chapter xii shall apply in relation to 'ny industrial establishment or undertaking with such modifioations as may be specified in such notification, where in such industrial establishment or undertaking any joint consultative machinery consisting of representatives of employees and employers or any other body has been set up for the purpose of settling individual disputes or industrial disputes and the appropriate government is sati9fied that the functioning of such joint consultative machinery or other body has been beneficial to the employees employed in such industrial establishment or undertaking 3 sub-clause (1) of clause 15 mpowers the appropriate government to include in the first schedule  qii  ~dustry not specified therein, where the appropriate government is sa that public interest requires that such industry, which is essenti to the life of the community, should be declared as an essential servi 4 sub-clause (2) of clause 157 of the bill empowers the central government to omit, by notification in the omeial gazette, any industry from the first schedule 5 sub-clause (3) of clause 157 of the bill empowers the centr~l government, to add to or alter or amend, by notification in the official gazette, the second schedule, the third schedule or the fourth schedule 6 sub-clause (1) of clause 159 empowers the appropriate government to make rules for the purpose of giving effect to the provisions of the bill sub-clause (2) of the clause enumerates the m~tters in regard to whi::h such rules may be made the matters in regard to which such rules may be made relate, inter alia, te>-(i) the terms and conditions of service of the presiding officer of a labour court or tribuna1; (ii) the manner of ~qtifyiqg by t~e tribunalof its intertion to determine the support of a registered trade union 01 emplbyees i ' or election to choose the chairman or other members of a negotiating committee; (iii) the form in which an application by a registered trade union of employees for qertification as sole negotiating agent, chief negotiating agent, associat4; union or local union shall be made, the particulars which such application shall contain and the fees which shall accompany such application; (iv) the procedure in enquiring into an application by a registered trade union of employees for certification as negotiating agent or local union; (v) subject to the provisions of the bill, the manner of the election of the chairman and other members of a negotiating committee, the persons qualified to stand for election, the disqualifications for being chosen as and for being such chairman or other meml,er, the manner of settlement of disputes relating to the election and the filling up of casual vacancies in the negotiating committee; (vi) the constitution and procedure of grievance settlement authority; (vii) the manner in which any dispute pertaining to a strike ballot shall be decided by the registrar; (viii) the manner in which any award, determination or decision of a labour court, tribunal or nat~onal commission is to be executed wers the central governmf>nt ctions of a national commission and the terms and conditions of 7 sub-clause (3) of clause 159 e to make rules to provide for th under sub-clause (1) (c) of cia service of the presiding officer 8 sub-clause (4) of clause 159 empowers the state government to make rule; to provide for th~ various matters enwdefated in that subclause the matters in regard to which such rules may be made relate, inter alia, t~ (i) the form in which the general statement of assets ilnd liabilities of a trade union is to be delivered to the registrar and the particulars which such statement shall contain; (ii) the manner of audit of the accounts of a tracie union; (iii) the manner in which and the time within which n per/!vn aggrieved by the refusal of the registrar to register a trade union or by the cancellation of a certificate of registration may appeal to the tribunal; (iv) the manner in which the membership fee deducted bythe employer from the wages of the employees is to be paid over by such employer to the trade union concerned;  (v) the date on or before which an office-bearer of a trade union is to file a statement of his assets and jiabilities every year 9 the rules which the appropriate government, central government or state government are empowered to make under clause 159 are to be made by notification in the official gazette and the power to make such rules is subject to the condition of previous publication every notification issued by a state government under clause 157, amending the schedules, and every rule made by that government under clause 159 are to be laid before the state legislature and every notification issued by the central government under clause 157 and every rule made by the central government under clause 159 are to be laid before the parliament 10 the delegation of legislative power under the aforementioned provisions relates to matters of procedure or administrative detail or to matters in respect of which it is not practicable to make detailed provisions hence, the! delegation of legislative power is of a normal character  annexure extbact i'so!ii the sales pbomonon empooyus (condmons or snmci') act, 1976(11 ,01' 1976) - - " - " 10 (1) -    - 14 of 1947 application of certain acts to sales promotion employees (2) the provisions of the industrial disputes act, 1947, as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of that act and for the purposes of any proceeding under that act in relation to an industrial dispute, a sales promotion employee shall be deemed to include a sales promotion employee who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute or whose dismissal, discharge or retrenchment had led to that dispute     -   billto colllqudate and amend the law relating to the reg1stratioll of trade udiodi of employees and employers, the rights and liabilities of registered trade unions and settlement of trade union disputes, the coilditiods of employment of employees and the investigation and eewement of disputes between employees employed in ind~trial eatabubments or undertakings and their employers, and for matters connected therewith or incidental thereto, with a view to promoting healthy industrial relations leadigg to accelerated economic develop ment and social justice, '' '\\'   ,;, ", (shri ravindra varma, minibter of parliamentary affairs am labour) 