LexThe Industrial Disputes Act,1947
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THE INDUSTRIAL DISPUTES ACT, 1947
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.
CHAPTER II
AUTHORITIES UNDER THIS ACT
3. Works Committee.
4. Conciliation officers.
5. Board of Conciliation.
6. Courts of Inquiry.
7. Labour Courts.
7A. Tribunals.
7B. National Tribunals.
7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals.
7D. Qualifications, terms and conditions of service of Presiding Officer.
8. Filling of vacancies.
9. Finality of orders constituting Boards, etc.
CHAPTER IIA
NOTICE OF CHANGE
9A. Notice of change.
9B. Power of Government to exempt.
CHAPTER IIB
REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES
9C. Setting up of Grievance Settlement Authorities and reference of certain individual disputes to
such authorities.
CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
10. Reference of disputes to Boards, Courts or Tribunals.
10A. Voluntary reference of disputes to arbitration.
2
CHAPTER IV
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES
SECTIONS
11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals.
11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of
discharge or dismissal of workmen.
12. Duties of conciliation officers.
13. Duties of Board.
14. Duties of Courts.
15. Duties of Labour Courts, Tribunals and National Tribunals.
16. Form of report or award.
17. Publication of reports and awards.
17A. Commencement of the award.
17B. Payment of full wages to workman pending proceedings in higher courts.
18. Persons on whom settlements and awards are binding.
19. Period of operation of settlements and awards.
20. Commencement and conclusion of proceedings.
21. Certain matters to be kept confidential.
CHAPTER V
STRIKES AND LOCK-OUTS
22. Prohibition of strikes and lock-outs.
23. General prohibition of strikes and lock-outs.
24. Illegal strikes and lock-outs.
25. Prohibition of financial aid to illegal strikes and lock-outs.
CHAPTER VA
LAY-OFF AND RETRENCHMENT
25A. Application of sections 25C to 25E.
25B. Definition of continuous service.
25C. Right of workmen laid-off for compensation.
25D. Duty of an employer to maintain muster rolls of workmen.
25E. Workmen not entitled to compensation in certain cases.
25F. Conditions precedent to retrenchment of workmen.
25FF. Compensation to workmen in case of transfer of undertakings.
25FFA. Sixty days‟ notice to be given of intention to close down any undertaking.
25FFF. Compensation to workmen in case of closing down of undertakings.
25G. Procedure for retrenchment.
25H. Re-employment of retrenched workmen.
25-I. [Repealed.]
25J. Effect of laws inconsistent with this Chapter.
3
CHAPTER VB
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN
ESTABLISHMENTS
SECTIONS
25K. Application of Chapter VB.
25L. Definitions.
25M. Prohibition of lay-off.
25N. Conditions precedent to retrenchment of workmen.
25-O. Procedure for closing down an undertaking.
25P. Special provision as to restarting of undertakings closed down before commencement of the
Industrial Disputes (Amendment) Act, 1976.
25Q. Penalty for lay-off and retrenchment without previous permission.
25R. Penalty for closure.
25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter
applies.
CHAPTER VC
UNFAIR LABOUR PRACTICES
25T. Prohibition of unfair labour practice.
25U. Penalty for committing unfair labour practices.
CHAPTER VI
PENALTIES
26. Penalty for illegal strikes and lock-outs.
27. Penalty for instigation, etc.
28. Penalty for giving financial aid to illegal strikes and lock-outs.
29. Penalty for breach of settlement or award.
30. Penalty for disclosing confidential information.
30A. Penalty for closure without notice.
31. Penalty for other offences.
CHAPTER VII
MISCELLANEOUS
32. Offence by companies, etc.
33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of
proceedings.
33A. Special provision for adjudication as to whether conditions of service, etc., changed during
pendency of proceedings.
33B. Power to transfer certain proceedings.
33C. Recovery of money due from an employer.
34. Cognizance of offences.
35. Protection of persons.
36. Representation of parties.
36A. Power to remove difficulties.
36B. Power to exempt.
37. Protection of action taken under the Act.
38. Power to make rules.
4
SECTIONS
39. Delegation of powers.
40. Power to amend Schedules.
THE FIRST SCHEDULE.—INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY
SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (n) OF SECTION 2.
THE SECOND SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS.
THE THIRD SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS.
THE FOURTH SCHEDULE.—CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE
GIVEN.
THE FIFTH SCHEDULE.—UNFAIR LABOUR PRACTICES.
5
THE INDUSTRIAL DISPUTES ACT, 1947
ACT NO. 14 OF 19471
[11th March, 1947.]
An Act to make provision for the investigation and settlement of industrial disputes, and for
certain other purposes.
WHEREAS it is expedient to make provision for the investigation and settlement of industrial disputes,
and for certain other purposes hereinafter appearing;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Industrial Disputes Act,
1947.
2[(2) It extends to the whole of India:
3* * * * *]
(3) It shall come into force on the first day of April, 1947.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(a) “appropriate Government” means—
(i) in relation to any industrial dispute concerning 4*** any industry carried on by or under
the authority of the Central Government, 5*** or by a railway company 6[or concerning any such
controlled industry as may be specified in this beh alf by the Central Government] 7*** or in
relation to an industri al dispute concerning 8[9[10[11[a Dock Labour Board established under
section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 194 8), or 12[the
Industrial Finance Corporation of India Limited formed and registered under the Companies Act,
1956 (1 of 1956) ], or the Employees‟ State Insurance Corporation established under section 3 of
the Employees ‟ State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted
under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948
(46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under
section 5A and section 5B, respectively, of the Employees ‟ Provident Fund and Miscellaneous
Provisions Act, 1952 (19 of 1952), 13***, or the Life Insurance Corporatio n of India established
under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 14[the Oil and
Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956) ], or the
1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962; to Pondicherry by Reg. 7 of 1963 (w.e.f. 1 -10-1963);
and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and the Schedule.
2. Subs. by Act 36 of 1956, s. 2, for the sub-section (2) (w.e.f. 29-8-1956).
3. Omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
4. Certain words omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
5. The words “by the Federal Railway Authority” omitted by the A.O. 1948.
6. Ins. by Act 65 of 1951, s. 32.
7. The words “operating a Federal Railway” omitted by the A.O. 1950.
8. Ins. by Act 47 of 1961. s. 51 and the Second Schedule, Part III (w.e.f. 1-1-1962).
9. Subs. by Act 36 of 1964, s. 2, for “the Deposit Insurance Corporation established” (w.e.f. 19-12-1964).
10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
11. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
12. Subs. by Act 24 of 1996, s. 2, for “the Industrial Finan ce Corporation of India established under section 3 of the Industrial
Finance Corporation Act, 1948 (15 of 1948)” (w.e.f. 11-10-1995).
13. The words and figures “or the “Indian Airlines” and “Air India” Corporations established under section 3 of the Air
Corporations Act, 1953 (27 of 1953)” by s. 2, ibid. (w.e.f. 11-10-1995).
14. Subs. by Act 24 of 1996, s. 2, for “the Oil and Natural Gas Commission established under section 3 of the Oil and Natural
Gas Commission Act, 1959 (43 of 1959)” (w.e.f. 11-10-1995).
6
Deposit Insurance and Credit Guarantee Corporati on established under section 3 of the Deposit
Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing
Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962),
or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963
(52 of 1963), or the Food Corporation of Ind ia established under section 3 or a Board of
Management established for two or more cont iguous States under section 16 of the Food
Corporations Act, 1964 (37 of 1964), or 1[the Airports Authority of India constituted under
section 3 of the Airports Authority of India Act, 1994 (55 of 1994)] , or a Regional Rural Bank
established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export
Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India 2[the
National Housing Bank established under sec tion 3 of the National Housing B ank Act, 1987 (53
of 1987)], or 3[4[an air transport service, or a banking or an insurance company ], a mine, an oil -
field] 5[, a Cantonment Board,] or a 6[major port, any company in which not less than fifty -one
per cent. of the paid-up share capital is held by the Central Government, or any corporation, not
being a corporation referred to in this clause, established by or under any law made by
Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal
undertaking and autonomous bodies owned or controlled by the Central Government, the Central
Government, and]
7[(ii) in relation to any other industrial dispute, including the State public sector undertaking,
subsidiary companies set up by the principal undertaking and autonomous bodies owned or
controlled by the State Government, the State Government: Provided that in case of a dispute
between a contractor and the contract labour employed through the contractor in any industrial
establishment where such dispute first arose, the appropriate Government shall be the Central
Government or the State Government, as the case may be, which has control over such industrial
establishment;]
6[(aa) “arbitrator” includes an umpire;]
8[ 9[(aaa)] “average pay” means the average of the wages payable to a workman—
(i) in the case of monthly paid workman, in the three complete calendar months,
(ii) in the case of weekly paid workman, in the four complete weeks,
(iii) in the case of daily paid workman, in the twelve full working days,
preceding the date on which the average pay becomes payable if the workman had worked for three
complete calendar months or four complete weeks or twelve full working days, as the case may be, and
where such calculation can not be made, the average pay shall be calculated as the average of the wages
payable to a workman during the period he actually worked;]
10[(b) “award” means an interim or a final determination of any industrial dispute or of any
question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and
includes an arbitration award made under section 10A;]
11[(bb) “banking company” means a banking company as defined in section 5 of the Banking
Companies Act, 1949 (10 of 1949), hav ing branches or other establishments in more than one State,
and includes 12[the Export -Import Bank of India ,] 13[the Industrial Re construction Bank of India,]
1. Subs. by Act 24 of 1996, s. 2, for “the International Airports Authority of India constituted under section 3 of the Internationa l
Airports Authority of India Act, 1971 (48 of 1971)” (w.e.f. 11-10-1995).
2. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988).
3. Subs. by Act 54 of 1949, s. 3, for “a mine oil-field”.
4. Subs. by Act 24 of 1996, s. 2, for “a banking or an insurance company” (w.e.f. 11-10-1996).
5. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
6. Subs. by Act 24 of 2010, s. 2, for “major port, the Central Government, and” (w.e.f 15-9-2010).
7. Subs. by s. 2, ibid., for sub-clause (ii) (w.e.f. 15-9-2010).
8. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
9. Clause (aa) re-lettered as clause (aaa) by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
10. Subs. by Act 36 of 1956, s. 3, for clause (b) (w.e.f. 10-3-1957).
11. Subs. by Act 38 of 1959, s. 64 and the third Schedule, Part II, for clause (bb).
12. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 4-1-1982).
13. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).
7
1[2***,] 3[the Small Industries Development Bank of India established under section 3 of the Small
Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of I ndia, the State
Bank of India 4[, a corresponding new bank constituted under section 3 of the Banking Companies
(Acquisition and Transfer of Underta kings) Act, 1970 (5 of 1970) 5[, a corresponding new bank
constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1980 (40 of 1980), and any subsidiary bank]] as defined in the State Bank of India (Subsidiary
Banks) Act, 1959 (38 of 1959);]
(c) “Board” means a Board of Conciliation constituted under this Act;
6[(cc) “closure” means the permanent closing down of a place of employment or part thereof;]
(d) “conciliation officer” means a conciliation officer appointed under this Act;
(e) “conciliation proceeding” means any proceeding held by a conciliation officer or Board under
this Act;
7[(ee) “controlled industry ” means any industry the control of which by the Union has been
declared by any Central Act to be expedient in the public interest;]
8* * * * *
(f) “Court” means a Court of Inquiry constituted under this Act;
(g) “employer” means,—
(i) in relation to an industry carried on by or under the a uthority of any department of 9[the
Central Government or a State Government], the authority prescribed in this behalf, or where no
authority is prescribed, the head of the department;
(ii) in relation to an industry carried on by or on behalf of a local authority, the chief
executive officer of that authority;
10[(gg) “executive”, in relation to a trade union, means the body, by whatever name called, to
which the management of the affairs of the trade union is entrusted;]
11* * * * *
(i) a person shall be deemed to be “independent” for the p urpose of his appointment as the
chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial
dispute referred to such Board, Court or Tribunal or with any industry dir ectly affected by such
dispute:
12[Provided that no p erson shall cease to be independent by reason only of the fact that he is a
shareholder of an incorporated company which is connected with, or likely to be affected by, such
industrial dispute; but in such a case, he shall disclose to the appropriate Gover nment the nature and
extent of the shares held by him in such company;]
1. Ins. by Act 18 of 1964, s. 38 and the Second Schedule, Part II (w.e.f. 1-7-1964).
2. The words “the Industrial Development Bank of India” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
3. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (date to be notified).
4. Subs. by Act 5 of 1970, s. 20, for “and any subsidiary bank” (w.e.f. 19-7-1969).
5. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15-4-1980).
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
7. Ins. by Act 65 of 1951, s. 32.
8. Omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
9. Subs. by the A.O. 1948, for “a Government in British India”.
10. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
11. Clause (h) omitted by the A.O. 1950.
12. Ins. by Act 18 of 1952, s. 2.
8
1[(j) “industry” means any business, trade, undertaking, manufacture or calling of employers and
includes any calling, service, employment, handicraft, or industrial occupation or avocation of
workmen;
(k) “industrial dispute” 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;
2[(ka) “industrial establishment or undertaking” means an establishment or undertaking in wh ich
any industry is carried on:
Provided that where several activities are carried on in an establishment or undertaking and only
one or some of such activities is or are an industry or industries, then,—
(a) if any unit of such establishment or undertaking carrying on any activity, being an
industry, is severable from the other unit or units of such establis hment or undertaking, such unit
shall be deemed to be a separate industrial establishment or undertaking;
(b) if the predominant activity or each of the predominant activities carried on in such
establishment or undertaking or any unit thereof is an industry and the other activity or each of
the other activities carried on in such establishment or undertaking or unit thereof is not severable
from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant
activity or activit ies, the entire establishment or undertaking or, as the case may be, unit thereof
shall be deemed to be an industrial establishment or undertaking;]
3[(kk) “insurance company” means an insurance company as defined in section 2 of the Insurance
Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State;]
1. Clause (j) shall stand substituted as follows when c lause (c) of section 2 of the Industrial Disputes (Amendment) Act, 1982
(46 of 1982) will come into force:—
(j) “industry” means any systematic activity carried on by co -operation between an employer and his workmen
(whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for
the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or
wishes which are merely spiritual or religious in nature), whether or not,—
(i) any capital has been invested for the purpose of carrying on such activity; or
(ii) such activity is carried on with a motive to make any gain or profit,
and includes—
(a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of
Employment) Act, 1948 (9 of 1948);
(b) any activity relating to the promoti on of sales or business or both carried on by an establishment, but does not
include—
(1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any
other activity (being any such activity as is refer red to in the foregoing provisions of this clause) and such other activity is
the predominant one.
Explanation:—For the purposes of this sub-clause, “agricultural operation” does not include any activity carried on in a
plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); or
(2) hospitals or dispensaries; or
(3) educational, scientific, research or training institutions; or
(4) institutions owned or managed by organi sations wholly or substantially engaged in any charitable, social or
philanthropic service; or
(5) khadi or village industries; or
(6) any activity of the Government relatable to the sovereign functions of the Government including all the activities
carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or
(7) any domestic service; or
(8) any activity, being a profession practi sed by an individual or body of individuals, if the number of pers ons
employed by the individual or body of individuals in relation to such profession is less than ten; or
(9) any activity, being an activity carried on by a co -operative society or a club or any other like body of individuals, if
the number of persons employed by the co -operative society, club or other like body of individuals in relation to such
activity is less than ten;
2. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
3. Ins. by Act 54 of 1949, s. 3.
9
1[(kka) “khadi” has the meaning assigned to it in clause ( d) of section 2 of the Khadi and Village
Industries Commission Act, 1956 (61 of 1956);]
2[3[(kkb)] “Labour Court” means a Labour Court constituted under section 7;]
4[(kkk) “lay-off” (with its grammatical variations and cognate expressions) means the failure,
refusal or inability of an employer on account of shortage of coal, power or raw materials or the
accumulation of stocks or the break -down of machinery 5[or natural calamity or f or any other
connected reason] to give employment to a workman whose name is borne on the muster rolls of his
industrial establishment and who has not been retrenched.
Explanation.—Every workman whose name is borne on the muster rolls of the industrial
establishment and who presents himself for work at the establishment at 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 -off for that day
within the meaning of this clause:
Provided that if the workman, instead of being given employment at the commencement of any
shift for any day is asked to present himself for the purpose during the second half of the shift for the
day and is given employment then, he sha ll be deemed to have been laid -off only for one-half of that
day:
Provided further that if he is not given any such employment even after so presenting himself, he
shall not be deemed to have been laid -off for th e second half of the shift for the day and shall be
entitled to full basic wages and dearness allowance for that part of the day;]
(l) “lock-out” means the 6[temporary closing of a place of employment] , or the suspension of
work, or the refusal by an employer to continue to employ any number of persons employed by him;
7[(la) “major port” means a major port as defined in clause ( 8) of section 3 of the India n Ports
Act, 1908 (15 of 1908);
(lb) “mine” means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act,
1952 (35 of 1952)];
2[(ll) “National Tribunal” means a National Industrial Tribunal constituted under section 7B;]
8[(lll) “office bearer”, in relation to a trade union, includes any member of the executive thereof,
but does not include an auditor;]
(m) “prescribed” means prescribed by rules made under this Act;
(n) “public utility service” means—
(i) any railway service 7[or any transport service for the carriage of passe ngers or goods by
air];
8[(ia) any service in, or in connection with the working of, any major port or dock;]
(ii) any section of an industrial establishment, on the working of which the safety of the
establishment or the workmen employed therein depends;
(iii) any postal, telegraph or telephone service;
(iv) any industry which supplies power, light or water to the public;
(v) any system of public conservancy or sanitation;
1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Ins. by Act 36 of 1956, s. 3 (w.e.f. 10-3-1957).
3. Clause (kka) re-lettered as clause (kkb) by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
5. Subs. by Act 46 of 1982, s. 2, for “or for any other reason” (w.e.f. 21-8-1984).
6. Subs. by s. 2, ibid., for certain words (w.e.f. 21-8-1984).
7. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
8. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
10
(vi) any industry specified in the 1[First Schedule] which the appropriate Government may, if
satisfied that public emergency or public interest so requires, by notification in the Official
Gazette, declare to be a public utility service for the purposes of this Act, for such period as may
be specified in the notification:
Provided that the period so specified shall not, in the first instance, exceed six months but
may, by a like noti fication, be extended from time to time, by any period not exceeding six
months, at any one time if in the opinion of the appropriate Government publ ic emergency or
public interest requires such extension;
(o) “railway company” means a railway company as defined in section 3 of the Indian Railways
Act, 1890 (9 of 1890);
2[(oo) “retrenchment” means the termination by the employer of the service of a workman for any
any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but
does not include—
(a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age of superannuation if the contract of
employment between the employer and the workman concerned contains a stipulation in that
behalf; or
3[(bb) termination of the service of the workman as a result of the non-renewal of the contract
contract of employment between the employer and the workman concerned on its expiry or of
such contract being terminated under a stipulation in that behalf contained therein; or]
(c) termination of the service of a workman on the ground of continued ill-health;]
4[(p) “settlement” means a settlement arrived at in t he course of conciliation proceeding and
includes a written agreement between the employer and workmen arrived at otherwise than in the
course of conciliation proceeding where such agreement has been signed by the parties thereto in such
manner as may be prescribed and a copy thereof has been sent to 5[an officer authorised in this behalf
by] the appropriate Government and the conciliation officer;]
(q) “strike” means a cessation of work by a body of persons employed in any industry ac ting in
combination or a concerned refusal, or a refusal under a common understanding, of any number of
persons who are or have been so employed to continue to work or to accept employment;
6[(qq) “trade union ” means a trade union registered under the Trade Unions Act, 1926
(16 of 1926);]
7[(r) “Tribunal” means an Industrial Tribunal constituted under section 7A and includes an
Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;]
8[(ra) “unfair labour practice” means any of the practices specified in the Fifth Schedule;
(rb) “village industries” has the meaning assigned to it in clause (h) of section 2 of the Khadi and
Village Industries Commission Act, 1956 (61 of 1956);]
9[(rr) “wages” means all remuneration capable of being expressed in terms of money, which
would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in
respect of his employment or of work done in such employment, and includes—
1. Subs. by Act 36 of 1964, s. 2 for “Schedule” (w.e.f. 19-12-1964).
2. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
3. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984).
4. Subs. by Act 36 of 1956, s. 3, for clause (p) (w.e.f. 7-10-1956).
5. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965).
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
7. Subs. by Act 18 of 1957, s. 2, for clause (r) (w.e.f. 10-3-1957).
8. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
9. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
11
(i) such allowances (including dearness allowance) as the workman is for the time being
entitled to;
(ii) the value of any house accommodation, or of supply of light, water, medical attendance or
other amenity or of any service or of any concessional supply of foodgrains or other articles;
(iii) any travelling concession;
1[(iv) any commission payable on the promotion of sales or business or both;]
but does not include—
(a) any bonus;
(b) any contribution paid or payable by the employer to any pension fund or p rovident fund
or for the benefit of the workman under any law for the time being in force;
(c) any gratuity payable on the termination of his service;]
2[(s) “workman” means any person (including an apprentice) employed in any industry to do any
manual, un skilled, 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—
(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 3[ten thousand
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.]
STATE AMENDMENT
Kerala
Amendment of section 2 .—In section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of
1947), in clause (s), for the words “clerical or supervisory wor k” the words “clerical, supervisory
work or any work for the promotion of sales” shall be substituted.
[Vide Kerala Act 12 of 2017, s. 2]
Assam
Amendment of section 2.—In the principal Act, in section 2, in clause (s), in between the words
“or supervisory work” and “for hire or reward”, the words „or any work for the promotion of sales”,
shall be inserted.
[Vide Assam Act 22 of 2007, s. 2]
4[2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.—5[(1)]
5[(1)] Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an
individual workman, any dispute or difference between that workman and his employer connected with,
or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an
1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Subs. by s. 2, ibid., for clause (s) (w.e.f. 21-8-1984).
3. Subs. by Act 24 of 2010, s. 2, for “one thousand six hundred rupees” (w.e.f. 15-9-2010).
4. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965).
5. Section 2A numbered as sub-section (1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010).
12
industrial dispute notwithstanding that no other workman nor any union of work men is a party to the
dispute.]
1[(2) Notwithstanding anything contained in section l0, any such workman as is specified in
sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the
dispute referred to therein after the expiry of forty -five days from the date he has made the application to
the Conciliation Office r of the appropriate Government for conciliation of the dispute, and in receipt of
such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the
dispute, as if it were a dispute referred to it by the appropriate Go vernment in accordance with the
provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they
apply in relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before
the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of
service as specified in sub-section (1).]
STATE AMENDMENT
Andhra Pradesh
In Section 2A, After the existing sub-section (2), the following sub-section shall be added, namely:—
“(3) Notwithstanding anything in sub -sections (1) and (2), no such dispute or difference between
that workman and his employer connected with or arising out of, such discharge, dismiss al,
retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in
conciliation proceeding within a period of three years from the date of such discharge, dismissal,
retrenchment or termination:
Provided that the L abour Court or the Conciliation Officer, as the case may be, may consider to
extend the said period of three years when the applicant workman satisfies the Court or Conciliation
Officer that he had sufficient cause for not raising the dispute within the period of three years.”.
[Vide Andhra Pradesh 12 of 2015, s. 2]
CHAPTER II
AUTHORITIES UNDER THIS ACT
3. Works Committee.—(1) In the case of any industrial establishment in which one hundred or more
workmen are employed or have been employed on any day in the preceding twelve months, the
appropriate Government may by general or special order require the employer to constitute in the
prescribed manner a Works Committee consisting of representatives of employers and workmen engaged
in the establishment so how ever that the number of representatives of workmen on the Committee shall
not be less than t he number of representatives of the employer. The representatives of the workmen shall
be chosen in the prescribed manner from among the workmen engaged in the esta blishment and in
consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926
(16 of 1926).
(2) It shall be the duty of the Works Committee to promote measures for securing and preserving
amity and good relations between the employer and workmen and, to that end, to comment upon matters
of their common interest or concern and endeavour to compose any material difference of opin ion in
respect of such matters.
1. Ins. by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010).
13
4. Conciliation officers .—(1) The appropriate Government may, by notification in the Official
Gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged with the duty
of mediating in and promoting the settlement of industrial disputes.
(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 for a limited period.
5. Board of Conciliation.—(1) The appropriate Government may as occasion arises by notification
in the Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial
dispute.
(2) A Board shall consist of a chairman and two or four other members, as the a ppropriate
Government thinks fit.
(3) The chairman shall be an independent person and the other members shall be persons appointed in
equal numbers to represent the parties to the dispute and any person appointed to represent a party shall
be appointed on the recommendation of that party:
Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time,
the appropriate Government shall appoint such persons as it thinks fit to represent that party.
(4) A Board, having the pr escribed quorum, may act notwithstanding the absence of the chairman or
any of its members or any vacancy in its number:
Provided that if the appropriate Government notifies the Board that the services of the chairman or of
any other member have ceased to be available, the Board shall not act until a new chairman or member, as
the case may be, has been appointed.
6. Courts of Inquiry.—(1) The appropriate Government may as occasion arises by notification in the
Official Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with
or relevant to an industrial dispute.
(2) A Court may consist of one independent person or of such number of independent persons as the
appropriate Government may think fit and where a Court cons ists of two or more members, one of them
shall be appointed as the chairman.
(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or
any of its members or any vacancy in its number:
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.
1[7. Labour Courts.—(1) The appropriate Government may, by notification in the Official Gazette,
constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter
specified in the Second Schedule and for performing such other functions as m ay be a ssigned to them
under this Act.
(2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the presiding of ficer of a Labour Court,
unless—
2[(a) he is, or has been, a Judge of a High Court; or
(b) he has, for a period of not less than three years, been a District Judge or an Additional District
Judge; or
3* * * * *
4[(d)] he has held any judicial office in India for not less than seven years; or
4[(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or
State Act for not less than five years.
1. Subs. by Act 36 of 1956, s. 4, for section 7 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
3. Clause (c) omitted by Act 46 of 1982, s. 3 (w.e.f. 21-8-1984).
4. Clauses (a) and (b) re-lettered as (d) and (e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
14
1[(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of
the State Labour Department, having a degree in law and at least seven years' experience in the labour
department including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed
unless he resigns from the service ofthe Central Government or State Government, as the case may be, before being
appointed as the presiding officer; or
(g) he is an officer of Indian Legal Service in Grade Ili with three years' experience in the grade.]
7A. Tribunals .—(1) The appropriate Government may, by notification in the Official Gazette,
constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any
matter, whether specified in the Second S chedule or the Thi rd Schedule 2[and for performing such other
functions as may be assigned to them under this Act].
3[(1A) The Industrial Tribunal constituted by the Central Government under sub -section (1) shall also
exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the
jurisdiction, powers and authority conferred on the Tribunal referred to in section 7D of the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).]
(2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless—
(a) he is, or has been, a Judge of a High Court; or
4[(aa) he has, for a period of not less than three years, been a District Judge o r an Additional
District Judge; 5***]
6[(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the
State Labour Department,, having a degree in law and at least seven years' experience in the labour
department including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall
be appointed unless he resigns from the service of the Central Government or State Government, as the
case may be, before being appointed as the presiding officer; or
(c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.]
7* * * * *
(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the
Tribunal in the proceeding before it.
STATE AMENDMENT
Karnataka
Amendment of section 7A .—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947
(Central Act 14 of 1947) (hereinafter referred to as the principal Act), after clause ( a), the following
clause shall be inserted, namely:—
“(aa) he is, or has been a District Judge, or”
[Vide Karnataka Act 6 of 1963, s. 2]
1. Ins. by Act 24 of 2010, s. 4 (w.e.f. 15-9-2010).
2. Ins. by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
3. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26-5-2017).
4. Ins. by Act 36 of 1964, s. 4 (w.e.f. 19-12-1964).
5. The word “or” omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
6. Ins. by Act 24 of 2010, s. 5 (w.e.f. 15-9-2010).
7. Clause (b) omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
15
Amendment of section 7A .—In clause ( aa) of sub -section ( 3) of section 7A of the Industrial
Disputes Act, 1947 (Central Act 14 of 1947), as inserted by the Industrial Disputes (Karnataka
Amendment) Act, 1962 (Karnataka Act 6 of 1963), after the words “district Judge” the words “for a
period of not less than three years”, shall be inserted.
[Vide Karnataka Act 35 of 1963, s. 2]
Kerala
Amendment of Section 7A .—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947
(Central Act 14 of 1947) for clause (a), the following clause shall be substituted, namely:--
“(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for
appointment as a Judge of a High Court; or “.
[Vide Kerala Act 28 of 1961, s. 2]
7B. National Tribunals.—(1) The Central Government may, by notification in the Official Gazette,
constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in
the opinion of the Central Government, involve questions of national importance or are of such a nature
that industrial establishments situated in more than one State are likely to be interested in, or affected by,
such disputes.
(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.
(3) A person shall not be qualified for appointment as the presiding o fficer of a National Tribunal
1[unless he is, or has been, a Judge of a High Court].
(4) The Central Government may, if it so thinks fit, appoint two persons a s assessors to advise the
National Tribunal in the proceeding before it.
7C. Disqualifications for the presiding officers of Labour Courts, Tr ibunals and National
Tribunals. —No person shall be appointed to, or continue in, the office of the presiding off icer of a
Labour Court, Tribunal or National Tribunal, if—
(a) he is not an independent person; or
(b) he has attained the age of sixty-five years.]
2[7D. Qualifications, terms and conditions of service of Presiding Officer .—Notwithstanding
anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances,
resignation and removal and other terms and conditions of service of the Presiding Officer of the
Industrial Tribunal appointed by the Central Government under sub-section (1) of sectExcerpt shown. Open the full act in Lexace.