Fine upto Rs 50 per day to workman and Rs 1,000 to employer can be imposed. Section 33 Recovery of money due from employer Section 33 C. If settlement is arrived at by mutual agreement, it binds only those who were actually party to agreement. Further, the Trade Unions Act also in certain respects defines the law relating to registered Trade Unions like mode of registration, application for registration, provisions to be contained in the rules of a Trade Union, minimum requirement for membership of a Trade Union, rights and liabilities of registered Trade Unions, etc. Dear Bhatt Diwali Greetings Really you made a nice presentation.
Termination of a workman constitutes an Industrial Dispute. Section 13 of the Act focuses on ventilation and temperature maintenance at workplace. Every factory should work on proper arrangements for adequate ventilation and circulation of fresh air. Clauses a and b relettered as d and e respectively by Act 36 of 1964, sec. The Act provides that every shop shall remain entirely closed on one day of the week, which day shall be specified by the shop-keeper in a notice permanently exhibited in a conspicuous place in the shop. If it falls under the control of Central Govt.
Appropriate Govt may recover the amount due , as a recovery of land revenue. Mere absence from work does not amount to taking part in strike within the meaning of the industrial act, 1947. It is 50% of Rs. In this case, it was held that powers to give prior permission are quasi-judicial and hence opportunity of hearing must be given and the order giving permission or refusing permission is subject to judicial review. It now depends up on the question whether the industrial establishment which employs the contract labour in which such dispute arises, falls under the control of Central Government or State Government.
In terms of s 7 of the Contract Labour Act, the principal employer has to make an application in the prescribed form accompanied by the prescribed fee payable to the registering officer for registration. Proviso omitted by Act 51 of 1970, sec. The Contract Labour Act provides that no contractor shall undertake any work through contract labour, except under and in accordance with a licence issued in that behalf by the licensing officer. For the text of clause j of the Act, see Appendix. The Works Committee will first try to settle disputes. Contributions to the Provident Fund are to be made at the rate of 12% of the wages by the employers with the employee contributing an equal amount. Otherwise, fresh notice is required.
The role of the Conciliation Officer It is limited. If he is unable to do so, he will send report to appropriate Government. The purpose is to bring the conflicts between employer and employees to an amicable settlement. The Act defines an employer as , the person who has the ultimate control over the affairs of the plantation and where the affairs of the plantation are entrusted to any other person, such other person shall be the employer in relation to that plantation. The chief inspector or any of the inspectors may make such inquiry, at any time whether day or night, in order to check whether the law is being abided in the mines or not. The government may also extend the period of operation by any period not exceeding 1 yr. Some provisions of the Act may vary according to the nature of work of the establishment.
However, for the calculation of bonus, a maximum salary of Rs 3,500 is considered. Every employee, who has completed continuous service of five years or more, irrespective of his wages, is entitled to receive gratuity upon termination of his employment, on account of i superannuation; or ii retirement; or iii death or disablement due to accident or disease. He does not present himself for work at the establishment , at the appointed time, during normal working hours at least once a day. The Government is committed to eliminate child labour in all its forms and is moving in this direction in a targeted manner. When no settlement is possible the conciliation officer drafts a failure report and sends the report to the Government. The Children Pledging of Labour Act, 1933, makes an agreement to pledge the labour of children void. Compensation has to be given as if the workman is retrenched.
Maternity Benefit Act, 1961 The Maternity Benefit Act, 1961 Maternity Benefit Act regulates the employment of women in certain establishments for a certain period before and after childbirth and provides for maternity benefits and certain other benefits including maternity leave, wages, bonus, nursing breaks, etc, to women employees. If a settlement is arrived, the terms of the settlement are reduced into writing, signed by the parties at dispute. The Act provides for payment of compensation by the employer to the employees covered under this Act for injury caused by accident. Labour Court may appoint Commissioner for the purpose of computing money due or the value of the benefit , who shall submit his report to the Labour Court. A new section 51-E has been added for this purpose.
Direct access to the workman to the Labour Court or Industrial Tribunal in case of disputes arising out of Section-2 A of the Act. Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to be available, the Court shall not act until a new chairman has been appointed. Absence of official exit policy creates problems for honest employers Dishonest employers devise their own ways. As per section 11A, the Labour Court and Tribunal have wide powers. Section 17 Commencement of awards. Application for approval is required to be submitted after action is already taken. Sai Kumar has been involved extensively in research on labour law issues and case-law on subjects such as the Industrial Disputes Act, the Standing Orders Act, the Factories Act, the Contract Labour Act, the P.
Triple Test formulae The organization is Prima Facie an industry if it is 1. The Parties are at liberty to break away from conciliation. Omitted by Act 46 of 1982, sec. It also includes arbitration award. Section 9 a Reference of the disputes to board Courts or tribunals.