LexThe Madhya Pradesh Industrial Relations Act, 1960
Madhya Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE MADHYA PRADESH INDUSTRIAL
RELATIONS ACT, 1960
(27 of 1960)
[Received the assent of the President on the 17th November, 1960, assent first published in
the "Madhya Pradesh Gazette ', Extraordinary, on the 31st December, 1960.]
PREAMBLE
An Act to regulate the relations of employers and employees in certain matters, to make
provision for settlement of industrial disputes and to provide for certa in other matters connected
therewith.
Be it enacted by the Madhya Pradesh Legislature in the Ele venth year of the Republic of
India as follows-
1. Short title, extent and commencement— (1) This act may be cal led the Madhya Pradesh
Industrial Relation Act. 1960.
(2) It extends to the whole of Madhya Pradesh.
(3) This section and section 112 shall come into force at once and t he state government
may, by notification bring, all or any of the remaining provisions of this Act into force in respect
of—
(a) any or all industries, or,
(b) undertakings in any industry wherein the number of employees, on any day,
during twelve months preceding or on the date of the notification or on any
day thereafter, was or is more then such number as may be specif ied in such
notification on such date as may be specified therein.
(4) The State Government may, by notification, direct that the provisions of this Act shall
cease to apply to such industry in such area and form such date as may be specified in the
notification.
Application of the Act to the Narmada Valley Development Authori ty -The Act is not
applicable because by the notification dated 20-1-1999, engineering industr y being carried on by
any "Department of the State Government" has been excluded from the entry No. 16 in the
Notification dated 31-12-1960. Narmada Ghati Vikas Pradhikaran Vs. Purushot tam 'Karanne, 2005
M.P.L.S.R. 97(Ind. Court) Development Authority is not a department of the G overnment— It is a
separate legal entity and a distinct juristic personality, hen ce Entry No. 16 as amended by
notification dated 20-1-1999. The Labour Court has jurisdiction to decide the a pplication. Sanjay
Vyas Vs. C.E.O., Dewas Development Authority, 2005 M.P.L.S.R. 154 (Ind. Court).
Applicability of Act to the Central Govt. Employee. The employee s of Central Government,
will be governed by Industrial Dispute Act, 1947. The MP. Industrial Relation Act, 1960 can not be
applied. Opium and Alkolid Factory Vs. Sadakat Ali, 2004 M.P.L.S.R. 106 (Ind. Court).
1-A. Act shall not apply to such industry- The provision contained in this Act shall not
apply to an industry being carried on by or under the control of the State Government;
Provided that the State Government may, by notification, direct that provisions contained in
this Act shall apply to such industry being earned on by or underthe c ontrol of the State
Government, as may be specified in the notification.
2. Definition- In this Act unless the context otherwise requires-
(1) "approved list" and "approved union" shall have the meanings assi gned to them in the
Indian Trade Unions Act, 1926 (XVI of 1926) as in force in Madhya Pradesh;
(2) 'arbitration proceeding', means-
(i) Any proceeding under this Act before an arbitrator, or
(ii) Any proceeding in arbitration before a Labour Court, the Industrial Co urt or a
Board
(3) 'arbitrator' means an arbitrator to whom a dispute is refer red for arbitration under this
Act and includes an umpire;
(4) 'association of employers' means any combination of employers recognized by the State
Government under section 24;
(5) 'award' means any interim, final or supplementary determi nation in an arbitration
proceeding of any industrial dispute or of any question relating thereto,
(6) 'Board' means a Board of Arbitration Constituted under'section II;
(7) 'change' means an alteration in an industrial matter;
(8) 'closure' means the closing of any place or part of emplo yment or the total or partial
suspension of work by an employer or the total or partial refusal by an employer to continue to
employ persons employed by him, whether such closing, suspension or refus al is or is not in
consequence of an industrial dispute;
(9) 'Commissioner of Labour' means the Commissioner of Labour appointe d under sub-
section (1) of sec 3,
(10) 'conciliation proceeding' means any proceeding held by a Conciliator unde r this Act..
(11) 'Conciliator' means any Conciliator appointed under sec 4 and i ncludes the Chief
Conciliator,
(12) 'Court of Enquiry' means a Court constituted under section 79;
(13) 'employee' means any person employed in any industry to do an y skilled, unskilled,
manual, supervisory, technical or clerical work for hire or rewar d, whether the terms of
employment be express or implied, and includes—
(a) a person employed by a contractor to do any work for him in the execution of a
contract with an employer within the meaning of sub-clause(e) of clause 14 , and
(b) an apprentice other than an apprentice under sub-clause (v) but does not include any
person-
(i) who is subject to the Army Act, 1950 (XLVI of 1950), or the Air Force Act, 1950
(XLV of 1950). or the Navy Discipline Act 1957 (62 of 1957); or
(ii) who is employed in the Police Service or as an officer or other employ ee of
prision: or
(iii) who is employed mainly in a managerial capacity or
(iv) who being employed in a supervisory capacity draws wages exceeding one
thousand and six hundred rupees per mensum or
(v) who is a craftsman or an apprentice working under a scheme approved by the
State Government on the condition that such craftsman or apprentice shall not be
deemed to be an employee under this Act:
Explanation— An employee who has been dismissed, discharged or retre nched from
employment or whose employment has been otherwise terminated shal l, in respect of matters
relating to such dismissal. discharge, retrenchment or termination, be deemed tc be an employee for
the purposes of this Act,
(14) 'employer' includes—
(a) an association or group of employers,
(b) any agent of an employer,
(c) where an industry is conducted or carried on by a department of the Centra l
2[Government] or the State Government, the authority prescribed in t hat behalf, and
where no such authority has been prescribed, the head of the department.
(d) where an industry is conducted or carried on by or on behalf of a local authority, the
Chief Executive Officer of the authority.
(e) where the owner of any undertaking in the course of or for the purpose of
conducting the undertaking contracts with any person for the executi on or under the
contractor of the whole or any part of any work which is ordinarily part of t he
undertaking, the owner ,(the undertaking.
(15) 'illegal change' means an illegal change within the meaning of sec tion 34
(16) 'Industrial Court' means the Court constituted under Section 9.
(17) 'Industrial Dispute' means any dispute or difference between a n employer and
employee or between employers and employers or between employees and employees and which is
connected with any industrial matter.
(18) 'Industrial matter' means any matter relating to employ ment, work, wages, hours of
work, privileges, rights or duties of employers or employees or the mode, terms and conditions of
employment or refusal to employ and includes the mode, terms and condit ions of employment or
refusal to employ and includes,
(1) all matters pertaining to—
(a) the relationship between employers and employees.
(b) the dismissal or non-employment of any person.
(c) the demarcation of functions of any employee or classes of employee s.
(d) any right or claim under or in respect of or concerning a register ed
agreement or a submission, settlement or award made under this Act, and.
(2) all questions of what is fair and right in relation to any such matter having regard to the
interest of the person immediately connected and of the community as a whole.
(19) 'Industry' means
(a) any business, trade, manufacture or undertaking or calling of emplo yers.
(b) any calling, service, employment, handicraft, or industrial occupa tion or
avocation of employees, and includes-
(i) agriculture and agriculture operations;
(ii) any branch of an industry or group of industries which the State
Government may by notification, declare to be an industry for the purposes
of this Act.
(20) 'Joint Committee' means a Joint Committee constituted under section 36.
(21) 'Labour Court' means a Labour Court constituted under section 8.
(22) 'Labour officer' means a Labour Officer appointed under subsecti on (I) if sec 6 and
includes a Deputy Labour Officer while exercising the powers and performing the duties of a
Labour Officer as may be assigned to him by the Commissioner of Labour under sub-section (3) of
section 6
(23) 'Local area' means any area notified as a local area for any or all industries and for all
or any of the purpose of this Act Provided that such area shall not c omprise of more than one
revenue district.
'[Provided further that such area may, for reasons to be record ed in writing comprise of
more than one revenue district including the entire State.]
(24) 'Lock-out' means the closing of a place or part of a place of employment or the total or
partial suspension of work by an employer or the total or partial r efusal by an employer to continue
to employ persons employed by him, whether such closing, suspension or refusal occurs in
consequence or in anticipation of an industrial dispute and is intended for the purpose of-
(a) compelling any of the employees directly affected by such clos ing, suspension or
refusal or any of his other employees; or
(b) aiding any other employer in compelling persons employed by him to accep t any
term or condition of or affecting employment.
(25) 'Member' means a person who is an ordinary member of a union and who has paid a
subscription of not less than 2[one rupee] per month.
Provided that no person shall at any time be deemed to be a member if his subscription is in
arrears for a period of two months or more next preceding such time.
Explanation— A subscription for a particular month shall, for the purposes of this clause , be
deemed to be in arrears if such, subscription is not paid by the end of the month in respect of which
it is due
(26) 'Registrar' means the Registrar under section 5 and if no such person is appointed, the
Registrar of Trade Unions under the Indian Trade Unions Act, 1926 (XVI of 1926), and includes an
Assistant Registrar while exercising such powers and performin g such duties of the Registrar as
may be conferred or imposed on him by or under this Act.
(27) 'Representative of employees' means a representative of e mployees entitled to appear
or act as such under section 27.
(28) 'Representative union' means a union for the time being registe red as a Representative
Union under this Act.
(29) 'Settlement' means a settlement arrived at during the c ourse of a conciliation
Proceeding under this Act.
(30) 'Standing orders' means standing orders as defined in '[the Ma dhya Pradesh Industrial
Employment (Standing Orders) Act, 1961 (No. 26 of 1961)],
(31) 'Stoppage' means a total or partial cessation of work by the employees in an industry
acting in combination or a concerted refusal or a refusal under a com mon understanding of
employees to continue to work or to accept work, whether such cessati on or refusal is or is not in
consequence of an industrial dispute.
(32) 'Strike' means a total or partial cessation of work by th e employees in an industry
acting in combination or a concerted refusal or a refusal under a com mon understanding of
employees to continue to work or to accept work, where such cessation or refusal is in consequence
or in anticipation of an industrial dispute;
(33) 'Undertaking' means a concern in any industry;
(34) 'Union' means a Trade Union of employees which is register ed under the Indian Trade
Union Act, 1926 (XVI of 1926).
(35) 'Wages' means remuneration of all kinds capable of being ex pressed in terms of money
and payable to the employee in respect of his employment or work done in such employment and
includes-
(i) any bonus, allowances (including dearness allowance), reward or additiona l
remuneration;
(ii) the value of any house accommodation, light, water, medical a ttendance or other
amenity or service;
(iii) any wages payable for the period of leave;
(iv) any compensation payable for lay-off or retrenchment,
(v) any contribution by the employer to any social security scheme, pension or
provident fund;
(vi) any gratuity payable on discharge;
(vii) any traveling allowance or value of any traveling concession;
(viii) any sum paid or payable to or on behalf of an employee to defray special
expenses entailed on him by the nature of his employment; and
(ix) any amount payable to an employee under any law for the time being in f orce
for the protection of rights of employees or for regulating their relations wi th the
employers, or under any award, settlement or agreement.
CHAPTER-II
Authorities to be constituted or appointed under this Act
3. Commissioner of Labour-(1) The State Government shall, by notifica tion, appoint a
person to be the Commissioner of Labour for the State and may appoint t he following categories of
Officers to assist. the Commissioner of Labour.
(a) Deputy Commissioner of Labour;
(b) Assistant Commissioner of Labour.
(2) The Deputy Commissioner of Labour and the Assistant Commissione r of Labour shall,
subject to the control of the Commissioner of Labour and to the conditions, and restriction if any,
prescribed by the State Government in this behalf, exercise such powers and perform such duties of
the Commissioner under this Act may be delegated to them by the Commissioner of Labour for
time to time.
4. Conciliator- (1) The State Government shall, by notification appoint a person to be Chief
Conciliator for the State
(2) The State Government may by notification, appoint any person to be a Conciliator for
any or all industries in a local area or areas specified in the notification.
5. Appointment of Registrar and Assistant Registrar-(1) The Sta te Government may, by
notification, appoint the Commissioner of Labour or any other person to be the Registrar of
Representative Unions under this Act.
(2) The State Government may, by notification, appoint an Assista nt Commissioner of
Labour or any other person to be an Assistant Registrar of Representative Unions for any such local
area or area as may be specified therein and may, by gener al or special order confer and impose on
any such person all or any of the powers and duties of the Registrar
6. Labour Officers and Deputy Labour Officers-(1) The State Gover nment may, by
notification, appoint persons in such number as it thinks fit to be Labour O fficers and Deputy
Labour Officers.
(2) A Labour Officer appointed under sub-section (1) shall exercis e jurisdiction within such
local area or areas as may, from time to time, be assigned to him by the Commissioner of Labour.
(3) A Deputy Labour Officer appointed under sub-section (1) shall ex ercise such powers
and perform such duties of a Labour Officer under this Act, as may from time to time, be assigned
to him by the Commissioner of Labour in such local as may be specified by him.
7. Powers of supervision of Commissioner of Labour-The Deputy Commissioner of Labour,
the Assistant Commissioner of labour, the Chief conciliator, the Conci liator, the Registrar, the
Assistant Registrar, the Labour Officer and the Deputy Labour Of ficer shall, subject to the
provisions of this Act and the rules made thereunder the general guida nce and supervision of the
Commissioner of Labour.
8. Labour Courts—(1) The State Government shall, by notification, consti tute one or more
Labour Courts having jurisdiction in such local area or areas as ma y be specified in such
notification.
(2) The Labour Court shall be presided over by a single person to be appointed by the State
Government [with the approval of the Chief justice of the High Court.]
(3) A person shall not be qualified for appointment as a presiding officer of a Labour Court
unless—
(a) he has held any judicial office in India for not less than three year s; or
(b) he has held any Office in the Labour Department not below the rank of a Labour
Officer for a period of not less than five years and is a law graduate; or
(c) he has practiced as an Advocate or a pleader in Madhya Pra desh for a total period of
not less than five years; or
(d) he is or has been a presiding officer of Labour Court constituted under any la w.
(4) Notwithstanding anything contained in this section, any person w ho before the coming
into force of this Act has been a presiding officer of any Labour Court constituted under the
Bombay Industrial Relations Act, 1946 as adapted by the Madhya Bhara t Industrial Relations
(Adaptation) Act, Samvat 2006 (31 of 1949) for a period of not less than thre e years shall unless
otherwise directed by the State Government continue to be the presi ding officer of such Court and
appointment of presiding officers of Labour courts,
8-A. Appointment of Additional Presiding Officers—(1) An Additional Presidi ng Officer
having the qualification laid down in subsection (3) of section 8 may, whenever it appears
necessary or expedient, be appointed by the State Government to a L abour Court constituted under
sub section (1) of Section 8 and such Additional Presiding Officer sh all have the jurisdiction of the
Labour Court to which he is appointed and shall exercise powers of the Presiding Officer thereof,
subject to such conditions as may be laid down by the State Government in this behalf
(2) A person may be appointed an Additional Presiding Officer of one or more courts, and a
Presiding Officer of one court may by appointed an Additional Offic er of another court or of other
courts.
9. Industrial Court-(1)There shall be an Industrial Court for the Stat e consisting of the
President, and two or more members as the State Government may, fr om time to time, think fit to
appoint
(2) A person shall not be qualified for appointment as President of the Industrial Court,
unless- -
(a) he is or has been a judge of a High Court; or
(b) he is eligible for being appointed a judge of a High Court; or
(c) he has worked as President or member of the Board of Re venue for a period of not
less than three years, or
(d) he has worked as commissioner of Labour for a period of not les s than three years;
or
(e) he has worked as a member of the Industrial Court for a period of not less than five
years
(2-a) A person shall not be qualified for appointment as a member of the Industrial Court,
unless-
(a) he has been a judge of a High Court; or
(b) he is eligible for being appointed a judge of a High Court; or
(c) he has been a District Judge for a period of not less than three years; or
(d) he has acted as a Presiding Officer of a Labour Court cons tituted under any law for
the time being in force for not less than seven years; or
(e) he has in the opinion of the State Government adequate knowledge in the field of
industrial relations.
(3) Notwithstanding anything containing in this section any person w ho immediately before
the coming into force of this Act was acting as a member of the Industrial Court constituted under
the Bombay Industrial Relations Act, 1946 as adapted by the Madhya Bh arat Industrial Relations
(Adaptation) Act, Samvat 2006 (31 of 1949) shall unless otherwise directe d by the State
Government, continue to be a member of the Industrial Court under this Act.
(4) Notwithstanding anything contained in sib-section (2) if the office of the Pre sident of the
Industrial Court falls vacant, the State Government may appoint a me mber of the Industrial Court
2[if any] temporarily in such vacancy for a period not exceeding six months.
(5) The Industrial Court shall hold its sittings at such place or places within the State as the
President may direct.
(6) The Industrial Court may make rules for the exercise of powe rs and functions of the
Court, by benches constituted of one or more members thereof, and all de cisions or awards given
by such benches in exercise of such powers or functions shall be d eemed to be the decisions or
awards of the Industrial Court.
(7) Where in a proceeding before a Bench consisting of even number of members, equal
number of members consisting of such Bench differ on a point, then—
(i) if the President is a member of such a Bench, the point on which the members
differ shall be stated and placed for decision before such person other than a m ember
of the Industrial Court and qualified to be President thereof under sub -section (2) of
section 9 as the State Government may, by notification, specify;
(ii) if the President is not a member of such a Bench, the poi nt on which the member
differ shall be stated and placed before the President who may either decide the
point himself or may nominate one or more of the other members to deal with the
matter.
10. Omitted .....
11. Board of Arbitration—(I) The State Government may, by notificati on, constitute a
Board of Arbitration
(2) The State Government shall, in the prescribed manner, prepare p anels of members
representing the interests of employers and employees who may be appointed members of the
Board.
(3) Whenever a Board to be constituted each party to the dispute shal l be called upon by the
prescribed authority to submit a panel of not less than five persons re presenting its interests and to
propose jointly a person to be appointed as chairman within such time as may be prescribed
(4) The Board shall consist of an equal number of persons nominated by the State
Government from the respective panels of the parties submitted by t hem under sub-section (3) and
Chairman jointly nominated by them Provided that-
(i) if either or both parties fail to submit the panels as re quired by subsection (3), the
State Government shall appoint the requisite number of persons as re presenting the
interests of the party in default from the panels of persons prepared under sub -
section (2). and
(ii) if the parties fail to agree to the appointment of any person as Chairman within
the prescribed period the State Government shall appoint a member of the President
of the Industrial Court to be the Chairman of the Board. (5) If an y vacancy occurs in
the office of the Chairman or a member of the Board before the Board has
completed its work, it shall be filled in the manner prescribe d and the proceedings
shall be continued before the Board so reconstituted from the stage at which they
were when the vacancy occurred
12. Finality of order constituting Labour Court, Industrial Court or Boa rd- No order of the
State Government appointing any person as a Presiding Officer, an A dditional Presiding Officer,
President or Chairman or member of a Labour Court, the Industrial Court or a Board of Arbitration,
as the case may be, shall be called in question in any court.
CHAPTER-III
Recognition of Representative Unions and Associations
of Employers
13. Application for recognition as a Representative Union- (1) Any union may apply in the
prescribed form to the Registrar for recognition as a representative Union in respect of any industry
in a local area.
Provided that the Registrar shall not entertain an application by a union, whose application
for recognition as a representative union has been rejected by him unless a period of one year has
elapsed from the date of such rejection.
(2) On receipt of such application and on payment of the prescribe d fee the registrar shall
hold an enquiry in such manner as may be prescribed and if he is sati sfied that such union fulfills
the conditions necessary for recognition specified in section 14, he sha ll enter the name of such
union in the register maintained under section 15 and shall issue a cer tificate of recognition in such
form as may be prescribed;
Provided that-
(i) Where two or more unions fulfilling the conditions necessary for recogni tion
apply for recognition in respect of the same industry in any local area in the same
calendar month, the union having the largest membership of employees employed in
the industry shall alone be recognized and no applications for reco gnition received
in any subsequent calendar month shall be considered, until the applications
received first in the earlier calendar month is disposed of by the Registr ar.
(ii) the Registrar shall recognize any union if he is satisfied for rea sons to be
recorded in writing that the application for recognition is not made bona-fied in the
interests of employer; months immediately preceding the date of the application for
recognition or thereafter the union has instigated, aided or assis ted the continuation
of a strike or stoppage which has been held or declared to be illegal.]
14. Conditions of recognition—No, union shall be recognized as a Representati ve Union
under this Act, unless-
(i) membership of the union is open to every employee employed in the industry in
the local area,
(ii) the union has for the whole of the period of three months immediately
preceding the month in which the application for recognition is ma de under section
13, a membership of not less than twenty five per centum of the total number of
employees employed in the industry in such local area;
(iii) the union has undertaken by a special resolution that it shall not sponsor,
declare or support a 'strike until a ballet is taken and not less than two-thirds of the
total members of the union vote in favour of the strike.
15. Registrar of Representative Unions- The Registrar shall mai ntain a register of
Representative Unions recognized by him under this Act in such form as may be prescribed.
16. Cancellation of recognition—The Registrar shall cancel the recognition of union —
(a) if the Industrial Court directs [under sub-section (3) of section 22 or section 69]
that the recognition of such union shall be cancelled;
(b) if after giving notice to such union to show cause w hy its recognition should
not be cancelled on the grounds specified therein and after hol ding an enquiry in
the prescribed manner he is satisfied
(i) that it was recognized under mistake, misrepresentation or fraud; or
(ii) that the membership of the union has for a continuous period of three months
fallen below the minimum required under section 14 for its recognition,
Provided that when strike or stoppage which is not illegal or a lock out or closure has
extended to period exceeding fourteen days in any month, such month shall be excluded in
computing the said period of three months
Provided further that the recognition of a union shall not be cancelled under the provisions
of this sub-clause unless its membership for the month in which the sho w cause notice under this
section was issued was less than such minimum or
(ii-a) Omitted by Act No. 11 of 1980.
(iii) that the Representative Union is not being conducted bonafide in the interests of
employees but in the interests of employers to the prejudice of the interes ts of
employees, or
(iv) that the membership of such union is no longer open to all employee s employed
in the local area concerned and that the membership is refused t o employees of such
area on unsatisfactory or unreasonable grounds; or
(v) that the union has ceased to fiction according to its constitution; or
(vi) that it has instigated, aided or assisted the commencem ent or continuance of a
strike or stoppage which has been held or declared to be illegal,
(vii) that it has sponsored, declared or supported a strike in violation of the
provisions contained in clause (iii) of section 14;
(c) if its registration under the Indian Trade Unions Act 1926, (XVI of 1926) is
cancelled.
17. (1) Recognition of another union in place of existing Representative U nion— If any
time any union makes an application to the Registrar for being reco gnized in place of the Union
already recognized as the Representative Union for an industry i n the local area on the ground that
[it has a me membership of fifty one percentum or more of the e mployees employed in such
industry] the Registrar shall call upon the Representative union by a notice in writing accompanied
by a copy of the application to show cause within one month of the rec eipt of such notice why the
applicant union should not be recognized in its place. An application made under this sub-section
shall be accompanied by such fee as may be prescribed;
Provided that no application shall be entertained under this sub-secti on unless a period of
two years has elapsed from the date of the issuance of certifi cate of recognition to the existing
union under sub-section (2) of section
Provided further that the registrar shall not entertain any appl ication from a union for
recognition unless a period of one year has elapsed from the date of disposal of the previous
application of that union;
(2) The Registrar shall forward to the Labour officer a copy of the said application and
notice.
(3) If, on the expiry of the period of notice under sub-section (1), and af ter holding such
inquiry as may be prescribed, the Registrar is satisfied that the applicant union complies with the
conditions of recognition specified in section :4 and that [Its member ship was, during the whole of
the period of three months immediately preceding the date of the a pplication under this section, not
less than fifty one percentum of the employees employed in such i ndustry in a local area, he shall,
subject to the provisions of section 13, recognize the applicant union as the Representative Union
for such industry in a local area.]
(4) On the recognition of the applicant union under sub-section (3), the recognition of the
Representative Union shall stand cancelled.
18. Application for re-recognition—A union the recognition of which has been c ancelled
may, at any time after three months from the date of such can cellation and on payment of such fee
as may be prescribed, apply for re-recognition. The provisions of se ction 13 and 14 shall apply in
respect of such application;
Provided that a union the recognition of which has been cancelled on a ny ground other
than-
(i) a mistake; or
(ii) any ground specified in sub-clause (ii) [* *] of clause ( b) of section 16; shall not
be entitled to apply for recognition within six months of the cancellation.
19. Dismissal of certain application for want of prosecution—The Regi star may after giving
fifteen days notice dismiss any application made under section 13,17 or 18, if he is satisfied that the
applicant union has failed to pursu or prosecute the application diligently without any sufficient
cause.
20. Liability of union or members not relieved by cancellation—Notwiths tanding anything
contained in any law for the time being in force the cancellat ion of the recognition of a
Representative Union shall not relieve that union or any member ther eof from any penalty or
liability incurred under this Act prior to such cancellation.
21. Periodical returns to be submitted to Registrar—Every Representa tive Union shall
submit to the Registrar on such dates and in such manner as may b e prescribed, periodical returns
of its membership.
22. Appeal to Industrial Court from order of Registrar cancelling re cognition—(1) Any
party to a proceeding before the Registrar may, within thirty d ays from the date of the
communication of the order passed by the Registrar under this Chapt er; appeal against such order
to the Industrial Court.
Provided that the Industrial Court may, for sufficient reason, admi t any appeal made after
the expiry of such period.
(2) The Industrial Court may admit an appeal under sub-section (1) if on a perusal of the
memorandum of appeal and the decision appealed against it finds that the decision is contrary to
law or is otherwise erroneous.
(3) The Industrial Court in appeal may confirm, modify or rescind a ny order passed by the
Registrar and may pass such consequential orders as it may deem fit. A copy of the order passed by
the Industrial Court shall be sent to the Registrar.
23. Legal aid to approved Union at Government expenses in important proceedings—
(1) [An Approved union] entitled to appear under this Act :-
(a) before a Labour Court in a proceeding for determining whether a strike , lockout,
stoppage, closure or change is illegal; or
(b) before the industrial Court in proceeding involving in the opinion of the Court an
important question of law or fact; may apply to the Industrial Cour t for the grant of
legal aid at the expenses of the State Government.
(2) Where [an approved union is a party to any case arising out of t he proceedings under
this Act, before the High Court or the Supreme Court, it may apply to the Industrial Court for the
grant of legal aid at the expense of the State Government for purpose of such case.]
(3) The Industrial Court may, after obtaining a report from the Registrar on the financial
condition of the union, refuse the legal aid or grant it in accordance w ith rules framed under this
Act.
24. Recognition of combination of employers as association of employer s— The State
Government may, from time to time, by notification—
(a) recognize any combination of employers in an industry whet her incorporated or not
as an association of employers for the purposes of this Act, provi ded that one of the
objects of such combination is the regulation of condition of employment in the
industry;
(b) withdraw any recognition granted under clause (a) [ * *]
Provided that no recognition shall be withdrawn unless an opportunity has been given to
such association of employers to be heard [on the grounds on which it is proposed to withdraw the
recognition.
CHAPTER—IV
Representatives of Employers and Employees and
Appearance on their behalf.
25. Appearance on behalf of employers—(1) In any proceeding under this Act, an
association of employers shall be entitled to represent—
(a) any employer who is a member of the association;
(b) any employer connected with the same industry not being a member of th e
association, who has intimated in writing to the prescribed authority that he has
agreed to be represented by the association in such proceeding; and any noti ce or
intimation given by or to such association shall be deemed to have been given by or
to every employer it is entitled to represent.
(2) Where more employers than one are affected or under any of the provisions of this Act
deemed to be affected, and no association of employers is under sub-s ection (1) entitled to
represent all of them, the representative determined in the prescr ibed manner shall be entitled to act
as their representative.
26. Appearance on behalf of employees—Save as provided in section 28, no empl oyee shall
be allowed to appear or act in any proceeding under this Act exce pt through the representative of
the employees.
27. Representation of employees—The following shall be entitled to act and appears in the
order of preference specified below as the representative of employees in an industry in any local
area-
(i) A representative Union for such industry;
(ii) any union of which the employee of such industry is a member:
(iii) Labour Officer;
Provided that where the Labour Officer is the representative of employees he shall not enter
into any agreement under section 33 or settlement under section 43 on thei r behalf unless the terms
of such agreement or settlement, as the case may be are accepted by them in the prescribed manner;
Provided further that where in the opinion of the State Government, the employees of the
industry as a whole are deemed to be affected under section 32, the L abour Officer shall not enter
into an agreement under this section except with previous approval in Nkr iting of the State
Government.
28. Person who may appear in proceeding—A conciliator, an arbitrator, a Labour Court, the
Industrial Court or a Board may, if he or it considers it expedie nt for the ends of justice, permit an
individual, whether an employee or not, to appear in any proceeding before him or it
[Proviso Omitted.]
28. Appearance by legal practitioner—(1) Save as provided in subsec tion (2), no legal
practitioner shall be entitled to appear in proceeding under this Act.
(2) A legal practitioner may appear-
(i) in any proceeding in connection with an offence under this Act,
(ii) in any other proceedings before a Labour Court or the Indust rial Court with the
leave of the Court.
1. Omitted by M. P. Act No. 32 of 1963.
CHAPTER—V
Powers And Duties of Labour Officer
30. Powers and duties of Labour Officer-(1) A Labour Officer shal l exercise the powers
conferred and perform the duties imposed on him by or under this Act.
(2) For the purposes of exercising his powers or performing his duti es a Labour Officer may
at any time during working hours, and out-side working hours after givi ng reasonable notice, enter
and inspect—
(a) any place used for the purpose of or connected with any industry;
(b) any place used as the office of any union;
(c) any premises provided by an employer for the residence o f his employees; and shall
be entitled to call for inspection and take or ask for copies of al l relevant documents
which he may deem necessary for the due discharge of his duties and exercise of
powers under this Act.
(3) All particulars contained in or information obtained from any document inspected or
called for under sub-section (2), shall, if the person from whose poss ession the document was
obtained so requires, be treated as confidential;
Provided that a Labour Officer may disclose such information as m ay be necessary for the
purpose of any proceedings [under this Act or under any other law for the time being in force.]
(4) A Labour Officer may, after giving reasonable notice, conve ne a meeting of employees
for any of the purposes of this Act, on the premises where they a re employed, and may require the
employer to affix a written notice of the meeting at such conspi cuous place in such premises as he
may order and may also himself affix or cause to be affixed such notice. The notice shall specify he
date, time and place of the meeting the employees or class of employees
affected, and the purpose for which the meeting is convened.
(5) A Labour Officer shall entitled to appear and plead in any proceeding under this Act.
(6) It shall be the duty of the Labour Officer—
(a) to watch the interests of employees and promote harmonious relations bet ween
employers and employees;
(b) to investigate the grievances of employees and represent employers such grievances
and make recommendations to them in consultation with the employees concerned
for their redress;
(c) to report to the State Government the existence of any i ndustrial dispute of which no
notice of change has been given, together with the names of the parties theret o;
Provided that the Labour Officer shall not-
(i) appear in any proceeding in which the employees who are parties theret o are
represented by a Representative Union;
(ii) omitted,
(iii) omitted.
(7) If an employer does not accept and implement the recommendations made by the
Labour Officer under clause (b) of subsection (6) within a reasonable time, he shall communicate to
the Labour Officer the reasons there for.
CHAPTER—VI Changes
31. Notice of change—(1) An employer intending to effect any change i n respect of an
industrial matter specified in Schedule-I shall give notice of suc h intention in the prescribed form
and manner to the representative of employees and to such other persons as may be prescribed.
(2) A representative of employees desiring a change in respect of an industrial matter,
which is neither covered by standing orders nor is specified in Sc hedule II, shall give notice thereof
in the prescribed manner to the employer concerned and to such othe r persons as may be
prescribed.
(3) A representative of employees or an employee desiring a change in respect of an
industrial matter specified in Schedule-I or any other matter a rising out of such change may make
an application to the Labour Court in such manner as may be prescribed
[ omitted * * * * ]
32. Notice of change when to be deemed general notice—Where an over o r a representative
of employees gives a notice of a proposed change r sub-section (1) or sub-section (2) as the case
may be, of section 31 and change, in the opinion of the Government affects the majority of
employees or employers engaged in an industry in any local area, the Government may, by
:notification, declare that whole of such industry is affected by such change and : upon it shall be
deemed to be so affected. Upon the publication of such notification the empl oyer of every
undertaking in such industry in the local area be deemed to have r eceived the notice under sub-
section (2) of section
33. Agreements—(1) If in regard to a change proposed under sub-section (1) or (2) of
section 31, an agreement is arrived at, a memorandum of such agreeme nt shall be forwarded to the
Registrar.
(2) On receipt of the memorandum of agreement signed by the parties under s ub-section (1),
the Registrar shall register the agreement if it is arrived
at
(a) within seven days from the service of a notice under sub-sec tion (1) or sub-section
(2) of section 31, or within such further period as may be agreed upon b y the parties,
or
(b) [omitted]
(c) within two months from the completion of conciliation proceedings . Provided that
the Registrar shall not register an agreement which on enquiry he is satis fied is in
contravention of the provisions of this Act or was the result of mistake,
misrepresentation, fraud, undue influence, coercion or threat.
(3) An appeal shall lie to the Industrial Court against an order of the Registrar refusing to
register an agreement under sub-section (2). The provisions of secti on 22 shall apply to such
appeal.
(4) An agreement registered under this section shall come i nto operation on the date
specified therein or if no date is so specified on its being recorded by the Registrar.
34. Illegal change—An illegal change means—
(a) a change in any standing order made except in accordance with the provisions of the
[Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (No. 25 of
1961),]
(b) any change in any industrial matter mentioned in Schedule I made-
(i) before giving a notice of change as required by the provisions of subsect ion (1) of
section 31,
(ii) within the period [provided for in clause (a) of] sub-section (2) of section 33
unless an agreement is arrived at;
(iii) where no agreement is arrived at before the completion of the conditi on
proceedings and during the period of ten days thereafter,
(iv) where no settlement is arrived at after two months from the date of the
completion of the conciliation proceedings before the conciliator,
(v) in cases where there is a registered submission or in which the dispute has been
referred to arbitrationExcerpt shown. Open the full act in Lexace.