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STRIKE AND LOCK-OUTS
Strike
Strike is the collective stoppage of work by workmen.
To bring pressure upon those who depend on the sale or use of the product of
work.
Lockout
L ockout is a weapon in the hand of the employer to compell the persons
employed by him to accept his terms or condition affecting employment.
Section 22 Prohibition of Strike and Lockouts
Applies to industries carrying public utility services
Strike and lockout not absolutely prohibited
Intention of legislature in this section is to provide sufficient safeguards against
sudden strike or lockout in public utility services
Section 22(1)³No person shall go on strike in breach of contract unless
6 weeks notice to the employer before striking.
Within 14 days of giving such notice.
Before the date of strike specified in notice
During Pendency of conciliation proceeding.
Section 22(2)³Prohibition on Lockout
Notice within 6 weeks before locking out.
Within 14 days of giving such notice.
Before the date of lockout specified in the notice.
During pendency of conciliation proceeding.
Section 22(3)³Notice not necessary
L ockout already in existence
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Strike already in existence
22(4)--- Notice of strike to such number of persons and in such number as
may be prescribed.
22(5)³Noticeof
loc
kou
t given
in
such
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ann
er asm
ay be prescribe
d.
22(6)--- Reporting of notice to appropriate government within 5 days
Section 23. General Prohibition of Strike and Lockouts
Section applies to both public and non public utility service
Strike and lockout prohibited in following cases:
During pendency of conciliation proceeding before the board and
Within seven days of the conclusion of such proceedings
Pendency of proceeding before the L abour Court, Tribunal or National
Tribunal
Within two months of the conclusion of such proceedings.
Pendency of arbitral proceedings and two months after the conclusion
of such proceedings.
Settlement of award in operation.
Section 24. Illegal Strikes and Lockouts
Commenced or declared in contravention of section 22 of the public Utility
Service
Commenced in contravention of Section 23 of the Act.
Continued in contravention of an order made by the Appropriate government.
Under Section 10(3) of sub-section (4-A) of Section 10 A of the the Act.
Section 25. Prohibition of f inancial aid to illegal strikes and lockouts
Essentials:
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Spending or applying money
Money spent or applied in direct furtherance or support of an illegal strike or
lockout
The strike or lockout must actually be illegal
Knowledge on the part of the person expending or applying money that strike
or lockout is illegal
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LAY-OFF AND RETRENCHMENT
Retrenchment means the discharge of surplus labour or staff by the employer
for any reason whatsoever, otherwise than on a punishment inflicted by way of
disciplinary action.
It has no application where the services of all workmen have been terminated
by the employer on a real and bonafide closure of business or where the
services of all workmen have been terminated by the employer on the business
or undertaking being taken over by another employer.
Meaning of L ayoff
L ay-off is a practice whereby the employer cannot give employment to workmen
for various reasons including:
shortage of raw materials, coal or power,
accumulation of stocks,
break-down of machinery etc, or
for any other connected reason.
Section 2(kkk)
If a workman, whose name is on the muster rolls of the industrial
establishment presents himself for work and is not given employment within
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two (2) hours of presenting himself, he shall be deemed to have been laid-off
for that day.
Section 25A:
It states that industrial establishments with below fifty (50) workmen on
an average per working day in the preceding calendar month, or industrial
establishments which are of a seasonal character, or industrial
establishments to which Chapter 5B3 of the Act applies, will not be bound
by Section 25C to 25E (both inclusive).
This implies that such workmen:
Will not be entitled to any compensation for being laid off.
Will not be entered into the muster rolls of the employer.
Will not fall under any of the exceptions to avail compensation.
Continuous Service:
It is important to note that workmen are entitled for compensation only if they
have been in continuous service.
Section 25 B of the Act:
A workman is said to be in continuous service if he provides uninterrupted
service, which includes interrupted service due to sickness, accident, strikes
which are not illegal, lock out or cessation of work not due to the fault of the
workman.
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In other words, the duration when the workman is out of the office on account
of illness is not excluded while computing continuous service.
Meaning of One Year Continuous Service
The service is construed as continuous for a period of 1 year if the workman
works in the previous year for:
190 days- below the ground in a mine.
240 days- in any other job.
Meaning of Six Months Continuous Service
The service is construed as continuous for a period of 6 months if the workman
works in the preceding 6 months for:
95 days- below the ground in a mine.
120 days- in any other job.
Compensation for lay off
Section 25 C of the Act
L aying-off workmen results in depriving them of the opportunity to work and
earn wages. Therefore, it becomes the duty of the employer to provide
compensation to the workmen if their case falls within the scope of the Section
25C of the Act. However, no compensation can be awarded in advance of actual
lay-off on grounds of social justice. This particular section states that any
workman:
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whose name is borne on the muster-rolls of an industrial establishment
and,
who has completed at least one (1) year of continuous service under the
employer,
shall be paid compensation for the period during which he was laid-off, which
shall be equal to fifty (50) percent of the total of the basic wages and dearness
allowance that should be payable to him had such workman not been so laid-
off.
Section 25 D of the Act:
According to Section 25D, it is the duty of the employer to maintain muster-
rolls of workmen and failure to comply with this provision can attract penalty
under Section 31(2)8 of the Act.
W orkman Laid off for more than 45 days
If during the one (1) year period of continuous service, the workman is laid-off
for more than fortyfive (45) days, no further compensation will be paid if there
is an agreement in that respect between the workman and the employer. Upon
the expiry of this period, the employer can retrench the workman and the
compensation then paid would exclude the amount already paid during the
forty-five (45) day period of layoff
Badli W orkman
Further, if the workman is a ´badliµ workman or a casual workman, he would
fall outside the ambit of Section 25C. However, if a ´badliµ workman has
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completed one (1) year of continuous service in the industrial establishment, he
will be treated as a permanent workman for all purposes.
Workman Not Entitled to Compensation
S ection 25E of the Act highlights situations when a workman is not entitled
to compensation even after being laid-off. This section 25E works like an
exception to Section 25C. A workman is not entitled to compensation if:
Refuses to accept any alternate employment
He refuses to accept any alternate employment offered by the employer in
the same establishment, or in any other establishment of the same
employer, provided such establishment is within a f ive (5) miles radius
from the previous establishment. Further, such alternate employment
should not call for any special skill or experience and the employer
must pay at least the same wages as were previously paid to the
workman.
D oes not present himself for work at the establishment
he does not present himself for work at the establishment at the
appointed time during normal working hours at least once a day;
Layoff due to strike or slowing down of production
Such lay-off is due to a strike or slowing-down of production by workmen
in another part of the establishment.
Burden of proof
The burden of proof is on the employer to show that the workman is disentitled
to claim compensation because his case falls under the purview of Section 25E.
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Special Provision relating of L ayoff
P rior approval of Appropriate Government
Section 25M in Chapter 5B of the Act further points out that prior approval
from the ´appropriate governmentµ is required to lay-off a workman when the
industrial establishment (not being of a seasonal character or in which work is
performed only intermittently), has more than hundred (100) workmen
employed on an average per working day for the preceding twelve (12) months.
The appropriate government has the final authority to decide whether the
establishment is in fact seasonal or not and such decision shall be final. It also
provides stringent penalties for contravention of the provisions of Chapter 5B
along with providing compensation to the workman for any ´illegalµ lay-off
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Registration of Trade Union
The registration of a trade union is not necessary. However, upon registration,
a trade union gets several benefits including some immunities that are not
available to an unregistered Trade Union.
In the case of W orkers of B and C Co vs Labor Commissioner, AIR 1964
Mad it was held that a Trade Union can raise or sponsor a trade dispute and
represent on behalf of its members in legal proceedings arising out of a trade
dispute.
Section 13 specifies that upon registration, a trade union gets a legal entity
status, due to which it
has perpetual succession and a common seal.
can acquire and hold movable as well as immovable properties.
can contract through agents.
can sue and can be sued.
Procedure of Registration
S ection 3 (Appointment of the Registrar) :
The appropriate government appoints a person to be the registrar or trade
unions for each state.
S ection 4 (Mode of registration):
Two register a Trade Union
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an application must be sent to the Registrar of Trade Unions
appointed by an appropriate government.
the application must be made by seven or more persons who are
engaged in the trade or industry in connection to which the Trade Union
is to be formed.
all the applicants must subscribe their names to the rules of the
T rade Union and comply with the provisions of this act regarding
registration.
there must be at least 10% or 100 , whichever is less, members who are
engaged or employed in the establishment or industry to which it is
connected.
there must be not be less than seven members who are engaged or
employed in the establishment or industry to which it is connected.
P erson applied ceased to be members
If more that half of the persons who applied for the registration cease to be
members of the union or expressly disassociate themselves from the
application, the application will be deemed to be invalid.
Section 5 (Application of Registration)
It says that the application should be sent to the registrar along with the copy
of the rules of the trade union and a statement of the following particulars:
The name, occupation, and addresses of the applicants.
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The name of the trade union and the address of its head office.
The titles, names, ages, addresses, and occupations of the office bearers
of the trade union.
If the trade union has been in existence for more than 1 yr, a general
statement of its assets and liabilities.
Section 6 (Provisions to be contained in the rules of a Trade Union)
It specifies the provisions that should be contained in the rule book of the
trade union. A copy of this rule book must be supplied along with the
application for registration of the trade union. This rule book details the
internal administration of the trade union and also determines and governs the
relationship between the trade union and its members. It must contain the
rules for the following matters:
name of the trade union.
the whole object of the trade union
the whole purposes for which the general funds can be used.
the maintenance of the list of members and adequate facilities to inspect
it by the members of the trade union.
the membership of ordinary members who are actually engaged or
employed in an industry with which it is connected as well as the
membership of the honorary or temporary members.
the appointment of members of the executive body.
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the membership or subscription fee, which shall not be less that 25 paisa
per member per month
the conditions under which a member can get the benefits or has to pay
fines.
the safe custody of funds and provisions for inspecting or auditing the
statements, or other documents of the trade union.
dissolution of the trade union.
Section 7 Powers of the Registrar regarding registration of the Trade
Union:
the registrar has the power to ask for further information from the trade
union to satisfy himself that the trade union complies with section 5 and is
eligible to be registered under section 6. The registrar can refuse to register the
trade union until he receives the information. Further, he has the power to
ask to change the name of the trade union if a union with the same name
already exists or if he feels that the name could be deceiving or confusing to the
public or the members of the trade union.
Section 8 of the Trade Union Act 1926
Upon satisfaction of all the requirements, the Registrar of the Trade Unions will
register the trade union. It is mandatory for the registrar to register a trade
union if the union satisfies all the technical requirements of this act.
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Section 9- Certif icate of Registration
The registrar will issue the certificate of registration in the prescribed form,
which shall be a conclusive evidence that the trade union is registered under
this act.
Procedure for amalgamation
S ection 24 says that any two or more registered trade unions may become
amalgamated together into one trade union with or without dissolution or
division of the funds of such trade unions or either or any of them, provided
that votes of at least one half of the members of each trade union are
recorded and at least 60% of the votes of each trade union are in favor of
the proposal.
The notice of such amalgamation, signed by the secretary and seven
members of each of the trade unions, should be sent to the registrar of the
state where the head office of the amalgamated trade union is to be located. If
the registrar is satisfied that all the provisions of this act have been complied
with and the trade union formed thereby is entitled to registration under
section 6, he will register the new trade union under section 8 and the
amalgamation will take effect from the date of registration
Cancellation of Registration
Under section 10 , the Registrar of Trade Unions has the power to cancel the
registration of a trade union in the following conditions:
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On the application of the trade union
registration was obtained by fraud or mistake .
the trade union has ceased to exist .
If the trade union willfully, upon notice of the registrar, has contravened
or allowed any rule to continue in force , which is inconsistent with
the provisions of this act.
If the trade union rescinds any rule providing for any matter, provision
for which is required to be made in section 6.
trade union of workmen has ceased to have the requisite number of
members.
Section 27, upon dissolution of a trade union, seven or more members
must send a notification to the registrar within 14 days of dissolution and
the registrar shall register it after verifying that the dissolution has been
done as per the provisions of this act. Further, if the rules of the trade union
do not provide for distribution of the funds upon dissolution, the registrar
may distribute the funds in such manner as may be prescribed.
Appeal against the decision of Registrar
Section 11 grants a limited right to appeal the decisions or orders passed by
the registrar.
An appeal may be made to
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The high court, if the head office of the trade union is located in a presidency
town.
The labour court or industrial tribunal, if the head office of the trade union is
located in its jurisdiction.
If the head office of the trade union in any other location, to such court, not
inferior to the court of an additional or assistant judge of a principal civil court
of original jurisdiction, as the appropriate govt. may appoint in this behalf for
that area.
An appeal must be made within 60 days of the date on which registrar
passed the order against which the appeal is made.
L iabilities of a Registered Trade Union
A registered trade union must follow the provisions of the Trade Unions Act
1926. In particular, the following are some restrictions in a registered trade
union:
S pending of funds by T rade Union
A Trade Union cannot spend the funds on anything the office bearers want. It
can spend funds only on the activities specified in Section 15. These include:
y salaries of the office bearers.
y expenses required for the administration of the trade union
y compensation to workers due to loss arise of any trade dispute.
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y welfare activities of the workers including housing, clothing, or any
such activity.
y benefits to the workers or their dependents in the case of unemployment,
disability, or death .
y publishing material for creating awareness in the workers.
y legal expenses required for defending or bringing a suit.
y education of workers or their dependents.
y expenses for medical treatment of workers.
y taking insurance policies for workers
y A trade union cannot force members to subscribe to political fund
under section 16 .
y Under section 20 a trade union must make available all its record
books of accounts and list of membership for inspection upon request
of any member or his representative.
y Section 21 allows minors more than 15 yrs of age to be members of a
trade union. However, such minors cannot hold office.
y Under section 21-A, a trade union cannot appoint a person who has
been convicted of a crime involving moral turpitude and has been
imprisoned for 6 months or more within last 5 years .
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y As per section 22 , at least half of the office bearers of a trade union of
workers of unorganized sector must be engaged or employed in an
industry to which the trade union is connected. Also, while a union has a
right to remove any office bearer , this power must be used judiciously
and rules of natural justice must be followed.
y Under section 28 , a general statement, audited in a prescribed
manner, of all income and expenses must be sent to the registrar every
year.
Rights and Priviledges of a registered Trade Union
S ection 13
y a trade union becomes a legal entity
y it gets perpetual succession and a corporate seal ,
y it can acquire and hold movable and immovable property , contract
through agents, and
y can sue and get sued.
Under section 15
a registered trade union has a right to establish a general fund.
Under section 16 ,
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a registered trade union has a right to establish a political fund .
Subscription to this fund is not necessary for a member.
Under section 17, 18, and 19
a registered trade union gets immunity in certain criminal, civil, and
contractual proceedings.
Under section 24 ,
trade unions have the right to amalgamate.
Under section 28-F ,
y the executive of a registered trade union has a right to negotiate with
the employer the matters of employment or non-employment or the
terms of employment or the condition of labor of all or any of the
members of the trade union and the employer shall receive and send
replies to letters and grant interviews to such body regarding such
matters.
y the executive is entitled to post notices of the trade union meant for
its members at any premises where they are employed and that the
employer shall provide reasonable facilities for that.
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Immunites available to a registered Trade Union
Criminal Liability
Section 17 confers immunity from liability in the case of criminal conspiracy
under section 120-B of I P C , committed by an office bearer or a member.
However, this immunity is partial in the sense that it is available only with
respect to the legal agreements created by the members for the furtherance
of valid objects of a trade union as described in section 15 of the act. The
immunity cannot be claimed for an act that is an offence. Registered Trade
Unions have certain rights to do in furtherance of their trade disputes such as
calling for strike, persuading members.
In the case of W est India S teel Company Ltd. vs Azeez 1990 Kerala , a trade
union leader obstructed work inside the factory for 5 hrs while protesting against
the deputation of a workman to work another section. It was held that while in
a factory, the worker must submit to the instructions given by his superiors. A
trade union leader has no immunity against disobeying the orders. A trade
union leader or any worker does not have any right by law to share managerial
responsibilities . A trade union can espouse the cause of workers through legal
ways but officials of a trade union cannot direct other workers individually or
in general about how to do their work. They do not have the right to ask a
worker to stop his work or otherwise obstruct the work of the establishment. An
employer may deal with a person causing obstruction in work effectively.
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Civil Liability
Section 18 confers immunity from civil proceedings in certain cases to a trade
union or its office bears or members.
Immunity from liability in torts for inducing another person to breach
his contract of employment
In general, a person is liable in torts for inducing another person to breach his
contract of employment or for interfering with the trade or business of another.
However, a trade union, its officers, and its members are immune from this
liability provided that such an inducement is in contemplation or furtherance
of a trade dispute. Further, the inducement should be lawful. There is no
immunity against violence, threats, or any other illegal means.
In the case of P Mukundan and others vs Mohan Kandy P avithran 1992
Kerala, it was held that strike per se is not an actionable wrong. Further, it
was held that the trade union, its officers, and its members are immune
against legal proceedings linked with the strike of workmen by the
provisions of section 18.
In the leading case of Rohtas Industries S taff Union vs S tate of Bihar
AIR 1963 , it was held that employers do not have the right to claim
damages against the employee participating in an illegal strike and thereby
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causing loss of production and business.
In the case of S impson & Group Companies W orkers & S taff Union vs
Amco Batteries Ltd 1992 Karn., it was held that physical obstruction of
movement of management officials, contractors, goods, or vehicles carrying
raw materials, is not a trade union right or a fundamental right under art 19.
Immunity under section 18 cannot be claimed for such activities . Right to
picket is a very intangible right and it extends only up to the right of free
movement of others. The methods of persuasion are limited to oral and
visual and do not include physical obstruction of vehicles or persons.
S ection 19 Enforceability of agreements ²
In India, an agreement in restraint of trade is void as per section 25 of
Indian Contract Act. However, such an agreement between trade union
members is neither void nor voidable . It is important to note that this right
is available only to registered trade unions. An unregistered trade union must
follow the principles of general contract law.
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INDUSTRY, INDUSTRIAL DISPUTE AND WORKMEN
EVER since the enactment of Industrial Disputes Act, 1947, the definition of
`industry' has been surrounded by controversy. However, after a clarification
by a seven-judge bench of the Supreme Court the question to be asked is not
what is an industry but what is not an industry? In a recent judgment, the
Court has set aside an award of the L abour Court of Gujarat holding that the
Physical Research L aboratory, Ahmedabad, was an industry within the
meaning of section 2(j) of the Industrial Disputes Act.
Concept of Industry
The term industry as defined by section 2(j) of the Industrial Disputes Act
1947, reads as under:
``industry means any business, trade, undertaking, manufacture
or calling of employees and includes any calling, service,
employment, handicraft, or industrial occupation or avocation of
workmen.''
The first part of the definition gives the statutory meaning and the
second part deliberately refers to several other items of industry and
includes them in the definition. The first part defines it from the point of
view of the employers and the other from the stand point of the
employees.If an activity falls under either part of the definition, it will be
an industry.
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D iverse judicial interpretations
Though the definition has not undergone any amendment, it has undergone
diverse judicial interpretations by the Supreme Court and different High
Courts. The Supreme Court sought to put at rest the confusion by declaring
that (a) where (i) systematic activity, (ii) organised by co-operation between
employer and employee (iii) for the production and/or distribution of goods and
services calculated to satisfy human wants and wishes (not spiritual or
religious but inclusive of material things or services geared to celestial bliss e.g.
making, on a large-scale prasad or food), prima facie there is an industry in
that enterprise. It made it clear that absence of profit motive or gainful
objective is irrelevant, be the venture in the public, joint, private or other
sector.
The true focus is functional and the decisive test is the nature of the activity
with special emphasis on employer-employee relations. If the organisation is a
trade or business it does not cease to be one because of philanthropy
animating the undertaking.
This ruling was given in the Bangalore W ater S upply and S ewerage Board
v A Rajappa (supra). But even after this, the question to be asked is not what
is industry but what is not. Despite their efforts to find a working formula for
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determining as to what activity is an industry and what not, practically all
judges have cried in frustration for legislative relief.
It is obvious that even after Bangalore Water Supply and Sewerage decision,
the judges themselves are not satisfied with respect to the interpretation of the
definition of industry. The need for legislative reform has been stressed by all
the judges. It may be relevant to point out here that a very sensible and
pragmatic definition was attempted in the Industrial Relations Bill of 1978
(Bill No. 137 of 1978), under S ection 2(17) . But with the dissolution of
Parliament in August, 1979, the Bill had lapsed. This definition with some
additions and alterations was, however, enacted by Parliament in the Industrial
Disputes (Amendment) Act, 1982, (Act 46 of 1982). The definition of industry in
section 2(j) had been substituted with the new definition by the Industrial
Disputes (Amendment) Act, 1982 (Act 46 of 1982). Though the Act has been
substantially brought into force effective 21.8.1984, this definition has not
been brought into force.
After the aforesaid judgment, labour courts/industrial tribunals, High Courts
and the Supreme Court stopped entertaining any objection of the employer that
a particular organisation/establishment or institute was not an industry under
the Industrial Disputes Act, 1947.
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However, a breakthrough came in one case wherein the Supreme Court while
rejecting the contention that as sovereignty vested in the people the concept of
sovereign functions would include all welfare activities -- on the ground that
taking of such a view would erode the ratio in Bangalore Water Supply case ³
observed that ``the dichotomy of sovereign and non-sovereign functions did not
really exist ³ it would all depend on the nature of the power and manner of its
exercise''. After referring to the three traditional sovereign functions, legislative
power, the administration of laws and the exercise of the judicial power and
also the decision of the Gujarat High Court ³ wherein famine and drought
relief works undertaken by the State Government were held not to be an
industry, the Supreme Court observed that ``what really follows from this
judgment is that apart from the aforesaid three functions, there may be some
other functions also regarding which a view could be taken that the same too is
a sovereign function''.
In another case, the Supreme Court had to consider whether the
establishment of S ub- D ivisional Inspector of P ost at Vaikam was an
`industry' . Therein the Supreme Court observed, ``India as a sovereign,
socialist, secular, democratic republic has to establish an egalitarian social
order under rule of law. The welfare measures partake the character of sovereign
functions and the traditional duty to maintain law and order is no longer the
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concept of the State. The Directive Principles of State Policy enjoin on the State
diverse duties under Part IV of the Constitution and the performance of the
duties are constitutional functions. One of the duties of the State is to provide
telecommunication service to the general public as an amenity and so is an
essential part of the sovereign functions of the State as a welfare State. It is
not, therefore, an industry''.
The Supreme Court in its judgment on April 8, has set aside an award of a
labour court of Gujarat, holding that the P hysical Research Laboratory
( P RL), Ahmedabad, an institute under the D epartment of S pace, was not
an industry within the meaning of section 2(i) of the Industrial Disputes Act.
In its appeal, the appellant challenged the award of the labour court as the
Gujarat High Court had already taken the view that PRL was an industry and
different high courts and industrial tribunals expressed conflicting views on
this issue.
PRL was not engaged in a commercial or industrial activity and it could not be
described as an economic venture or a commercial enterprise. It was not an
industry even though it was carrying on the activity of research in a systematic
manner with the help of its employees, as it lacked that element which would
make it an organisation carrying on an activity which could be said to be
analogous to the carrying on of a trade or business, because it was not
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producing and distributing services which were intended or meant for
satisfying needs of consumers.
The appellant contended before the Court that PRL was a public trust
registered under the Bombay Public Trusts Act, 1950 and it was financed
mainly by the Central Government. Furthermore, PRL was not directly or
indirectly carrying on any trade or business and its activities did not result in
production or distribution of goods or services calculated to satisfy human
wants and wishes. The knowledge acquired as a result of the research carried
on by it was not sold but was utilised for the benefit of the Government and
therefore, it could not be termed as an industry as defined by section 2(j) of the
Industrial Disputes Act.
It is pertinent to mention here that the Madras High Court has also held that
the S tates Farms Corporation of India having a predominant activity to
produce high breed quality of seeds to be supplied to state governments and
local farms would not attract the definition of `industry' under the Industrial
Disputes Act.
The above ruling has cleared certain cobwebs and will go a long way in the field
of industrial jurisprudence. Also, it has become imperative on the part of
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government to implement the definition of industry as amended by Amendment
Act (46 of 1982).
D efinition of Industrial D ispute
As per S ection 2(k) of I D Act,1947
´industrial disputeµ means any dispute or difference between employers
and employers ,or between employers and workmen, or between workmen
and workmen , which is connected with the employment or non-
employment or the terms of employment or with the conditions of labour
, of any person;
D efinition of W orkman
As per S ection 2(s) of I D Act,1947
´workmanµ means any person (including an apprentice) employed in any
industry to do any manual ,unskilled ,skilled ,technical ,operational ,clerical or
supervisory work for hire or reward ,whether the terms of employment be
express or implied ,and for the purposes of any proceeding under this Act in
relation to an industrial dispute ,includes any such person who has been
dismissed ,discharged or retrenched in connection with ,or as a consequence
of ,that dispute ,or whose dismissal ,discharge or retrenchment has led to that
dispute ,but does not include any such person-
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i) who is subject to the Air Force Act ,1950 (45 of 1950),or the Army
Act,1950(46 of 1950), or the Navy Act,1957(62 of 1957); or
ii) who is employed in the police service or as an officer or other employee
of a prison; or
iii) who is employed mainly in a managerial or administrative capacity; or
iv) who, being employed in a supervisory capacity , draws wages
exceeding one thousand six hundred rupees per mensem or exercises
,either by the nature of the duties attached to the office or by reason of the
powers vested in him ,functions mainly of a managerial nature.