LexThe Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1972 : Mah. I] 1
THE MAHARASHTRA RECOGNITION OF TRADE
UNIONS AND PREVENTION OF UNFAIR
LABOUR PRACTICES ACT, 1971
[Text as on 31st December 2025]
——————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title.
2. Extent, commencement and application.
3. Definitions.
CHAPTER II
AUTHORITIES UNDER THIS ACT
4. Industrial Court.
5. Duties of Industrial Court.
6. Labour Court.
7. Duties of Labour Court.
8. Investigating Officers.
9. Duties of Investigating Officers.
CHAPTER III
RECOGNITION OF UNIONS
10. Application of Chapter III.
11. Application for recognition of union.
12. Recognition of union.
13. Cancellation of recognition and suspension of rights.
14. Recognition of other union.
15. Application for re-recognition.
16. Liability of union or members not relieved by cancellation.
17. Publication of order.
18. Recognition of union for more than one undertaking.
CHAPTER IV
OBLIGATION AND RIGHTS OF RECOGNISED UNIONS,
OTHER UNIONS AND CERTAIN EMPLOYEES
19. Obligations of recognised union.
20. Rights of recognised union.
21. Right to appear or act in proceedings relating to certain unfair labour practices.
22. Rights of unrecognised unions.
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23. Employees authorised by recognised union to appear or act in certa in proceedings to be
considered as on duty.
CHAPTER V
ILLEGAL STRIKES AND LOCK-OUTS
24. Illegal strike and lock-out.
25. Reference of Labour Court for declaration whether strike or lock-out is illegal.
CHAPTER VI
UNFAIR LABOUR PRACTICES
26. Unfair labour practices.
27. Prohibition on engaging in unfair labour practices.
28. Procedure for dealing with complaints relating to unfair labour practices.
29. Parties on whom order of Court shall be binding.
CHAPTER VII
POWERS OF COURTS
30. Powers of Industrial and Labour Courts.
31. Consequences of non-appearance of parties.
32. Power of Court to decide all connected matters.
33. Regulations to be made by Industrial Court.
34. Execution of order as to costs.
35. Law declared by Industrial Court to be binding.
36. Authorised Officer to appear in any proceeding before Court.
37. Powers of Investigating Officers.
CHAPTER VIII
POWERS OF LABOUR COURT AND INDUSTRIAL COURT
TO TRY OFFENCES UNDER THIS ACT
38. Powers of Labour Court in relation to offences.
39. Cognizance of offence.
40. Powers and procedure of Labour Courts in trials.
41. Power of Labour Court to impose higher punishment.
42. Appeal.
43. Powers of Industrial Court.
44. Industrial Court to exercise superintendence over Labour Courts.
45. Power of Industrial Court to transfer proceedings.
46. Orders of Industrial or Labour Court not to be called in question in criminal courts.
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CHAPTER IX
OFFENCES
47. Fine for disclosure of confidential information.
48. Contempts of Industrial or Labour Courts.
49. Fine for obstructing officers from carrying out their duties and for failure to produce
documents or to comply with requisition or order.
50. Recovery of money due from employer.
51. Recovery of fines.
CHAPTER X
MISCELLANEOUS
52. Periodical returns to be submitted to Industrial and Labour Courts.
53. Modifications of Schedules.
54. Liability of executive of union.
55. Offence under section 48 (1) to be cognizable.
56. Certain officers to be public servants.
57. Protection of action taken in good-faith.
58. Pending proceedings.
59. Bar of proceedings under Bombay or Central Act.
60. Bar of Suits.
61. Rules.
SCHEDULE I
SCHEDULE II
SCHEDULE III
SCHEDULE IV
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 22 of 1999 (20-4-1999)
2. Amended by Mah. 56 of 2025 (31-12-2025)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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MAHARASHTRA ACT No. I OF 19721
[THE MAHARASHTRA RECOGNITION OF TRADE UNIONS AND PREVENTION
OF UNFAIR LABOUR PRACTICES ACT, 1971.]
[This Act received the assent of the President on the 13th January 1972; assent was
first published in the Maharashtra Government Gazette, Part IV, on the 1st February 1972.]
An Act to provide for the recognition of trade unions for facilitating collective bargaining for
certain undertakings; to state their rights and obligations; to confer certain powers on
unrecognised unions; to provide for declaring certain strikes and lock-outs as illegal strikes
and lock-outs; to define and provide for the prevention of certain unfair labour practices;
to constitute courts (as independent machinery) for carrying out the purposes of according
recognition to trade unions and for enforcing the provisions relating to unfair practices;
and to provide for matters connected with the purposes aforesaid.
WHEREAS, by Government Resolution, Industries and L abour Department, No. IDA. 1367
LAB-II, dated the 14 th February 1968, the Government of Maharashtra appointed a Committee called
“the Committee on Unfair Labour Practices ” for defining certain activities of employers and workers
and their organisations which should be treated as unfair labour practices and for suggesting action
which should be taken against employers or workers, or their organisations, for engaging in such unfair
labour practices;
AND WHEREAS, after taking into consideration the report of the Committee Government is of
opinion that it is expedient to provide for the recognition of trade unions for facilitating collective
bargaining for certain undertakings ; to state their rights and obligations; to confer certai n powers on
unrecognised unions ; to provide for declaring certain strikes and lock -outs as illegal stri kes and
lock-outs; to define and provide for the prevention of certain unfair labour practice s; to constitute
courts (an independent machinery) for carrying out the purposes or according recognition to trade
unions and for enforcing provisions relating to unfair practices; and to provide for matters connec ted
with the purposes aforesaid ; It is hereby enacted in the Twenty -second Year of t he Republic of India
as follows:—
1. Short title. — This Act may be called the Maharashtra Recognition of Trade Unions and
Prevention of Unfair Labour Practices Act, 1971.
2. Extent, commencement and application.— (1) This Act extends to the whole of the State of
Maharashtra.
(2) It shall come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint ; and different dates may be appointed for different areas and for different
provisions of this Act.
(3) Except as otherwise hereinafter provided, this Act shall apply to the industries to which the
3Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), for the time being applies, and also to any
industry as defined in clause ( j) of section 2 of the Industrial Disputes Act, 1947 (XIV of 1947), and
the State Government in relation to any industrial dispute concerning such indust ry is the appropriate
Government under that Act:
Provided that, the State Government may, by notification in the Official Gazette, direct that the
provisions of this Act shall cease to apply to any such industry from such date as may b e specified in
the notification; and from that date, the provisions of this Act shall cease to apply to that industry and
1 For Statement of Objects and Reasons, see Maharashtra Government Gazette , 1969, Part V, Extraordinary, pages 628 -
632.
2 This Act came into force through out the State of Maharashtra on 8th September 1975 vide Government Notification,
No. WLP. 1075/Lab-1, dated the 8th September 1975, published in M.G.G., Part-I-L, dated the 16-10-1975 at p. 4128.
3 The short title was amended as “Maharashtra Industrial Relations Act” by Mah. 24 of 2012, sch. entry. w.e.f. 1 st May
1960.
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thereupon, section 7 of the 1Bombay General Clauses Act, 1904 (Bom. I of 1904), shall apply to such
cessor, as if this Act has been repealed in relation to such industry by a Maharashtra Act.
3. Definitions.— In this Act, unless the context requires otherwise,—
(1) “Bombay Act” means the 2Bombay Industrial Relations Act, 1946 (Bom. XI of 1947);
(2) “Central Act” means the Industrial Disputes Act, 1947 (XIV of 1947);
(3) “concern” means any premises including the precincts thereof where any industry to
which the Central Act applies is carried on;
(4) “Court” for the purposes of Chapters VI and VII means the Industrial Court, or as the
case may be, the Labour Court;
3[(5) “employee”, in relation to an industry to which the Bombay Act for the time being
applies, means an employee as defined in clause (13) of section 3 of the Bombay Act, and in any
other case means a workman as defined in clause ( s) of section 2 of the Central Act, and a sales
promotion employee as defined in clause ( d) of section 2 of the Sales Promotion Employees
(Conditions of Service) Act, 1976 (11 of 1976);]
(6) “employer” in relation to an industry to which the Bombay Act applies, means an
employer as defined in clause (14) of section 3 of the Bombay Act ; and in any other case, means
an employer as defined in clause (g) of section 2 of the Central Act;
(7) “Industry” in relation to an industry to which the Bombay Act applies, means an
employer as defined in clause ( 19) of section 3 of the Bombay Act, and in any other case, means
an industry as defined in clause (j) of section 2 of the Central Act;
(8) “Industrial Court” means an Industrial Court constituted under section 4;
(9) “Investigating Officer” means an officer appointed under section 8;
(10) “Labour Court” means a Labour Court constituted under section 6;
(11) “member ” means a person who is an ordinary member of a union, and has paid a
subscription to the union of not less than 50 paise per calendar 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 more than three calendar months during the period of six months
immediately preceding s uch time, and the expression “membership ” shall be construed,
accordingly.
Explanation.— A subscription for a particular calendar month shall, for the purpose of this
clause, be deemed to be in arrears, if such subscription is not paid within three months after the
end of the calendar month in respect of which it is due;
(12) “order” means an order of the Industrial or Labour Court;
(13) “recognised union ” means a union which has been issued a certificate of recognition
under Chapter III;
(14) “Schedule” means a Schedule to this Act;
(15) “undertaking” for the purposes of Chapter III, means any concern in industry to be one
undertaking for the purpose of that Chapter:
Provided that, the State Government may notify a group of concerns owned by the same
employer in any industry to be one undertaking for the purpose of that Chapter;
1 The short title was amended by Mah. 24 of 2012, sch. entry, w.e.f. 1st May 1960.
2 The short title was amended as “Maharashtra Industrial Relations Act” by Mah. 24 of 2012, sch. Entry, w.e.f. 1st May
1960.
3 Clause (5) was substituted for the original by Mah. 22 of 1999, s. 2(a).
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(16) “unfair labour practices” means unfair labour practices as defined in section 26;
(17) “union” means a trade union of employees, which is registered under the Trade Unions
Act, 1926;
1[(18) words and expressions used i n this Act and not defined therein, but defined in the
Bombay Act or, as the case may be, the Sales Promotion Employees (Conditions of Service)
Act, 1976 (11 of 1976), shall in relation to an industry to which the provisions of the Bombay Act
apply, have the meanings assigned to them by the Bombay Act or, as the case may be, the Sales
Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); and in any other case,
shall have the meanings assigned to them by the Central Act or, as the case may be, the Sales
Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976).]
CHAPTER II
AUTHORITIES UNDER THIS ACT
4. Industrial Court. — (1) The State Government shall by notification in the Official Gazette,
constitute an Industrial Court.
(2) The Industrial Court shall consist of not less than three members, one of whom shall be the
President.
(3) Every member of the Industrial Court shall be a person who is not connected with the
complaint referred to that Court, or with any industry directly affected by such complaint:
Provided that, every member shall be deemed to be connected with a complaint or with an
industry by reason of his having shares in a company which is connected with, or likely to be affected
by, such complaint, unless he discloses to the State Government the nature and extent of the shares
held by him in such company and in the op inion of the State Government recorded in writing, such
member is not connected with the complaint, or the industry.
(4) Every member of the Industrial Court shall be a person who is or has been a judge of a High
Court or is eligible for being appointed a Judge of such Court:
Provided that, one member may be a person who is not so eligible, if he possesses in the opinion
of the State Government expert knowledge of labour or industrial matters.
5. Duties of Industrial Court.— It shall be the duty of the Industrial Court—
(a) to decide an application by a union for grant of recognition to it;
(b) to decide an application by a union for grant of recognition to it in place of a union
which has already been recognised under this Act;
(c) to decide an appli cation from another union or an employer for withdrawal or
cancellation of the recognition of a union;
(d) to decide complaints relating to unfair labour practices except unfair labour practices
falling in item 1 of Schedule IV;
(e) to assign work, and to give directions, to the Investigating Officers in matters of
verification of membership of unions, and investigation of complaints relating to unfair labour
practices;
(f) to decide references made to it on any point of law either by any civil or criminal court;
and
(g) to decide appeals under section 42.
6. Labour Court. — The State Government shall, by notification in the Official Gazette ,
constitute one or more Labour Courts, having jurisdiction in such local areas, as may be spec ified in
such notification, and shall appoint persons having the prescribed qualifications to preside over such
Courts:
1 Clause (18) was substituted for the original by Mah. 22 of 1999, s. 2(b).
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Provided that, no person shall be so appointed, unless he posses ses qualifications (other than the
qualification of age), prescribed und er article 234 of the Constitution for being eligible to enter the
judicial service of the State of Maharashtra; and is not more than sixty years of age.
7. Duties of Labour Court. — It shall be the duty of the Labour Court to decide complaints
relating to unfair labour practices described in item 1 of Schedule IV and to try offences punishable
under this Act.
8. Investigating Officers.— The State Government may, by notification in the Official Gazette,
appoint such number of Investigating Officers for a ny area as it may consider necessary, to assist the
Industrial Court and Labour Courts in the discharge of their duties.
9. Duties of Investigating Officers.— (1) The Investigating Officer shall be under the control of
the Industrial Court, and shall exercise powers and perform duties imposed on him by the Industrial
Court.
(2) It shall be the duty of an Investigating Officer to assist the Industrial Court in mat ters of
verification of membership of unions, and assist the Industrial and Labour Courts for investigating into
complaints relating to unfair labour practices.
(3) It shall also be the duty of an Investigating Officer to report to the Industrial Court, o r as the
case may be, the Labour Court the existence of any unfair labour practices in any industry or
undertaking, and the name and address of the persons said to be engaged in unfair labour practices and
any other information which the Investigating Officer may deem fit to report to the Industrial Court, or
as the case may be, the Labour Court.
CHAPTER III
RECOGNITION OF UNIONS
10. Application of Chapter III. — (1) Subject to the provisions of sub -sections (2) and (3), the
provisions of this Chapter shall apply to every undertaking, wherein fifty or more employees are
employed, or were employed on any day of the preceding twelve months:
Provided that, the State Government may, after giving not less than sixty days’ notice if its
intention so to do, b y notification in the Official Gazette, apply the provisions of this Chapter to any
undertaking, employing such number of employees less than fifty as may be specified in the
notification.
(2) The provisions of this Chapter shall not apply to undertakings in industries to which the
provisions of the Bombay Act for the time being apply.
(3) If the number of employees employed in any undertaking to which the provisions of this
Chapter apply at any time falls below fifty continuously for a period of one year, those provisions shall
cease to apply to such undertaking.
11. Application for recognition of union. — (1) Any union (hereinafter referred to as the
“applicant union”) which has for the whole of the period of six calendar months immediately preceding
the calendar month in which it so applies under this section a membership of not less than thirty per
cent. of the total number of employees employed in any undertaking may apply in the prescribed form
to the Industrial Court for being registered as a recognised union for such undertaking.
(2) Every such application shall be disposed of by the Industrial Court as far as possible within
three months from the date of receipt of the application, where a group of concerns in any industry
which is notified to be one undertaking for which recognition is applied for is situated in the same local
area; and in any other case, within four months.
Explanation.— “local area” for the purposes of this sub -section means the area which the State
Government may, by notification in the Official Gazette, specify in the notification.
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12. Recognition of union.— (1) On receipt of an application from a union for recognition under
section 11 and on payment of the prescribed fees, not exceeding rupees five the Industrial Court shall,
if it finds the application on a preliminary scrutiny to be in order, cause notice to be displayed on the
notice board of the undertaking, declaring its in tention to consider the said application on the date
specified in the notice, and calling upon the other union or unions, if any, having membership of
employees in that undertaking and the employers and employees affected by the proposal to show
cause, within a prescribed time, as to why recognition should not be granted to the applicant union.
(2) If, after considering the objections, if any, that may be received under sub -section (1) from
any other unio n (hereinafter referred to as “other union ”) or empl oyers or employees, if any, and if
after holding such enquiry in the matter as it deems fit, the Industrial Court comes to the conclusion
that the conditions requisite for registration specified in section 11 are satisfied, and the applicant union
also complies with the conditions specified in section 19 of this Act, the Industrial Court shall, subject
to the provisions of this section, grant recognition to the applicant union under this Act, and issue a
certificate of such recognition in such form as may be prescribed.
(3) If the Industrial Court comes to the conclusion, that any of the other unions has the largest
membership of employees employed in the undertaking, and the said other union has notified to the
Industrial Court its claim to be registered a s a recognised union for such undertaking, and if it satisfies
the conditions requisite for recognition specified in section 11, and also complies with the conditions
specified in section 19 of this Act, the Industrial Court shall, subject to the provision s of this section,
grant such recognition to the other union, and issue a certificate of such recognition in such form as
may be prescribed.
Explanation.— For the purpose of this sub -section, the other union shall be deemed to have
applied for recognition in the same calendar month as the applicant union.
(4) There shall not, at any time, be more than one recognised union in respect of the same
undertaking.
(5) The Industrial Court shall not recognise any union, if it is satisfied that the application for its
recognition is not made bona fide in the interest of the employees, but is made in the interest of the
employer, to the prejudice of the interest of the employees.
(6) The Industrial Court shall not recognise any union, if, at any time, within six mon ths
immediately preceding the date of the application for recognition, the union has instigated, aided or
assisted the commencement or continuation of a strike which is deemed to be illegal under this Act.
13. Cancellation of recognition and suspension o f rights. — (1) The Industrial Court shall
cancel the recognition of a union if after giving notice to such union to show cause why its recognition
should not be cancelled, and after holding an inquiry, it is satisfied,—
(i) that it was recognised under mistake, misrepresentation or fraud; or
(ii) that the membership of the union has, for a continuous period of six calendar months,
fallen below the minimum required under section 11 for its recognition:
Provided that, where a strike (not being an illegal strike under the Central Act) has extended
to a period exceeding fourteen days in any calendar month, such month shall be excluded in
computing the said period of six 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 calendar month in which show cause notice
under this section was issued was less than such minimum; or
(iii) th at the recognised union has, after its recognition, failed to observe any of the
conditions specified in section 19; or
(iv) that the recognised union is not being conducted bona fide in the interests of employees,
but in the interests of employer to the prejudice of the interest of employees; or
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(v) that, it has instigated, aided or assisted the commencement or continuation of a strike
which is deemed to be illegal under this Act; or
(vi) that its registration under the Trade Unions Act, 1926 (XVI of 1926), is cancelled; or
(vii) that another union has been recognised in place of a union recognised under this
Chapter.
(2) The Industrial Court may cancel the recognition of a union if, after giving notice to such union
to show cause why its recognition sh ould not be cancelled, and after holding an inquiry, it is satisfied,
that it has committed any practice which is, or has been declared as, an unfair labour practice under this
Act:
Provided that, if having regard to the circumstances in which such practi ce has been committed,
the Industrial Court is of opinion, that instead of cancellation of the recognition of the union, it may
suspend all or any of its rights under sub -section (1) of section 20 or under section 23, the Industrial
Court may pass an order accordingly, and specify the period for which such suspension may remain in
force.
14. Recognition of other union. — (1) If any union makes an application to the Industrial Court
for being registered as a recognised union in place of a recognised union a lready registered as such
(hereinafter in this section referred to as the “recognised union”) for an undertaking, on the ground that
it has the largest membership of employees employed in such undertaking, the Industrial Court shall, if
a period of two yea rs has elapsed since the date of registration of the recognised union, call upon the
recognised union by a notice in writing to show cause, within thirty days of the receipt of such notice,
as to why the union now applying should not be recognised in its place. An application made under this
sub-section shall be accompanied by such fee not exceeding rupees five as may be prescribed:
Provided that, the Industrial Court may not entertain any application for registration of a union,
unless a period of one yea r has elapsed since the date of disposal of the previous application of that
union.
(2) If, on the expiry of the period of notice under sub -section (1), the Industrial Court finds, on
preliminary scrutiny, that the application made is in order, it shall c ause notice to be displayed on the
notice board of the undertaking, declaring its intention to consider the said application on the date
specified in the notice, and calling upon other union or unions, if any, having membership of
employees in that undertaking, employer and employees affected by the proposal to show cause within
a prescribed time as to why recognition should not be granted.
(3) If, after considering the objections, if any, that may be received under sub -section (2) and if,
after holding such enquiry as it deems fit (which may include recording of evidence of witnesses and
hearing of parties), the Industrial Court comes to the conclusion that the union applying complies with
the conditions necessary for recognition specified in section 11 and that its membership was, during the
whole of the period of six calendar months immediately preceding the calendar month in which it made
the application under this section, larger than the membership of the recognised union, then the
Industrial Court s hall, subject to the provisions of section 12 and this section, recognise the union
applying in place of the recognised union, and issue a certificate of recognition in such form as may be
prescribed.
(4) If the Industrial Court comes to the conclusion tha t any of the other unions has the largest
membership of employees employed in the undertaking, and such other union has notified to the
Industrial Court its claim to be registered as a recognised union for such undertaking, and if, such other
union satisfi es the conditions requisite for recognition under section 11 and complies with the
conditions specified in section 19 of this Act, the Industrial Court shall grant such recognition to such
other union, and issue a certificate of such recognition in such form as may be prescribed.
Explanation.— For the purpose of this sub -section, the other union shall be deemed to have
applied for recognition in the same calendar month as the applicant union.
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(5) Every application under this section shall be disposed of b y the Industrial Court as far as
possible, within three months from the date of receipt of the application, where a group of concerns in
any industry which is notified to be one undertaking for which recognition is applied for is situated in
the same local area; and in any other case, within four months.
Explanation.— “local area” for the purposes of this sub -section means the area which the State
Government may, by notification in the Official Gazette, specify in such notification.
15. Application for r e-recognition.— (1) Any union the recognition of which has been
cancelled on the ground that it was recognised under a mistake or on the ground specified in clause ( ii)
of section 13, may, at any time after three months from the date of such cancellation, and on payment
of such fees as may be prescribed apply again to the Industrial Court for recognition ; and thereupon
the provisions of sections 11 and 12 shall apply in respect of such application as they apply in relation
to an application under section 11.
(2) A union, the recognition of which has been cancelled on any other ground, shall not, save with
the permission of the Industrial Court, be entitled to apply for re -recognition within a period of one
year from the date of such cancellation.
16. Lia bility of union or members not relieved by cancellation. — Notwithstanding anything
contained in any law for the time being in force, the cancellation of the recognition of a union shall not
relieve the union or any member thereof from any penalty or liabil ity incurred under this Act prior to
such cancellation.
17. Publication of order.— Every order passed under section 12, 13, 14 or 15 shall be final, and
shall be caused to be published by the Industrial Court in the prescribed manner.
18. Recognition of union for more than one undertaking. — Subject to the foregoing
provisions of this Chapter, a union may be recognised for more than one undertaking.
CHAPTER IV
OBLIGATION AND RIGHTS OF RECOGNISED UNIONS,
OTHER UNIONS AND CERTAIN EMPLOYEES
19. Obligations of recognised union.— The rules of a union seeking recognition under this Act
shall provide for the following matters, and the provisions thereof shall be duly observed by the union,
namely :—
(i) the membership subscription shall be not less than fifty paise per month;
(ii) the Executive Committee shall meet at intervals of not more than three months;
(iii) all resolutions passed, whether by the Executive Committee or the general body of the
union, shall be recorded in a minute book kept for the purpose;
(iv) an auditor appointed by the State Government may audit its account at least once in
each financial year.
20. Rights of recognised union. — (1) Such officers, members of the office staff and members
of a recognised union as may be autho rised by or under rules made in this behalf by the State
Government shall, in such manner and subject to such conditions as may be prescribed, have a right,—
(a) to collect sums payable by members to the union on the premises, where wages are paid
to them;
(b) to put up or cause to be put a notice -board on the premises of the undertaking in which
its members are employed and affix or cause to be affixed notices thereon;
(c) for the purpose of the prevention or settlement of an industrial dispute,—
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(i) to hold discussions on the premises of the undertaking with the employees
concerned, who are the members of the union but so as not to interfere with the due working
of the undertaking;
(ii) to meet and discuss, with an employer or any person appointed by him in that
behalf, the grievances of employees employed in his undertaking;
(iii) to inspect, if necessary, in an undertaking any place where any employee of the
undertaking is employed;
(d) to appear on behalf of any employee or employees in any domestic or departmental
inquiry held by the employer.
(2) Where there is a recognised union for any undertaking,—
(a) that union alone shall have the right to appoint its nominees to represent workmen on the
Works Committee constituted under section 3 of the Central Act;
(b) no employee shall be allowed to appear or act or be allowed to be represented in any
proceedings under the Central Act (not being a proceeding in which the legality or propriety of an
order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an
employee is under consideration), except through the recognised union; and the decision arrived
at, or order made, in such proceeding shall be binding on all the employees in such undertaking;
and accordingly, the provisions of the Central Act, that is to say, the Industrial Disputes Act, 1947
(XIV of 1947), shall stand amended in the manner and to the extent specified in Schedule I.
21. Right to appear or act in proceedings relating to certain unfair labour practices.— (1) No
employee in an undertaking to which the provisions of the Central Act for the time being apply, shall
be allowed to appear or act or allowed to be represented in any proceedings re lating to unfair labour
practices specified in items 2 and 6 of Schedule IV of this Act except through the recognised union :
Provided that, where there is no recognised union to appear, the employee may himself appear or
act in any proceeding relating to any such unfair labour practices.
(2) Notwithstanding anything contained in the Bombay Act, no employee in any industry to
which the provisions of the Bombay Act for the time being apply, shall be allowed to appear or act or
allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and
6 of Schedule IV of this Act except through the representative of employees entitled to appear under
section 30 of the Bombay Act.
22. Rights of unrecognised unions. — Such officers, members of the office staff and members
of any union (other than a recognised union) as may be authorised by or under the rules made in this
behalf by the State Government shall, in such manner and subject to such conditions as may be
prescribed, have a right—
(i) to meet and discuss with an employer or any person appointed by him in that behalf, the
grievances of any individual member relating to his discharge, removal, retrenchment,
termination of service and suspension ;
(ii) to appear on behalf of any of its members employed in the undertaking in any domestic
or departmental inquiry held by the employer.
23. Employees authorised by recognised union to appear or act in certain proceedings to be
considered as on duty. — Not more than two members of a recognised union duly authorised by it in
writing who appear or act on its behalf in any proceeding under the Central Act or the Bombay Act or
under this Act shall be deemed to be on duty on the days on which such proceedings actually take
place, and accordingly, such member or members shall, on production of a certificate from the
authority or the court before which he or they appeared or acted to the effect that he or they so
1972 : Mah. I] The Maharashtra Recognition of Trade Unions and Prevention 15
of Unfair Labour Practice Act, 1971
appeared or acted on the days specified in the certificate, be entitled to be paid by his or their employer
his or their salary and allowances which would have been payable for those days as if he or they had
attended duty on those days.
Explanation.— For the purpose of this section “recognised union” includes a representative union
under the Bombay Act.
CHAPTER V
ILLEGAL STRIKES AND LOCK-OUTS
24. Illegal strike and lock-out.— In this Act, unless the context requires otherwise,—
(1) “illegal strike” means a strike which is commenced or continued—
(a) without giving to the employer notice of strike in the prescribed form, or within
fourteen days of the giving of such notice;
(b) where there is a recognised union, without obtaining the vote of the majority of the
members of the union, in favour of the strike before the notice of the strike is given;
(c) during the pendency of conciliation proceeding under the Bombay Act or the
Central Act and seven days after the conclusion of such proceeding in respect of matters
covered by the notice of strike;
(d) where submission in respect of any of the matters covered by the notice of strike is
registered under section 66 of the Bombay Act, before such submission, is lawfully revoked;
(e) where an industrial dispute in respect of any of the matters covered by the notice of
strike has been referred to the arbitration of a Labour Court or the Industrial Court
voluntarily under sub-section (6) of section 58 or section 71 of the Bombay Act, during the
arbitration proceedings or before the date on which the arbitrat ion proceedings are
completed or the date on which the award of the arbitrator comes into operation, whichever
is later;
(f) during the pendency of arbitration proceedings before an arbitrator under the
Central Act and before the date on which the arbitra tion proceedings are concluded, if such
proceedings are in respect of any of the matters covered by the notice of strike;
(g) in cases where an industrial dispute has been referred to the arbitration of a Labour
Court or the Industrial Court under sections 72, 73 or 73-A of the Bombay Act, during such
arbitration proceedings or before the date on which the proceeding is completed or the date
on which the award of the Court comes into operation, whichever is later, if such
proceedings are in respect of any of the matters covered by the notice of strike;
(h) in cases where an industrial dispute has been referred to the adjudication of the
Industrial Tribunal or Labour Court under the Central Act, during the pendency of such
proceeding before such authority a nd before the conclusion of such proceeding, if such
proceeding is in respect of any of the matters covered by notice of strike:
Provided that, nothing in clauses ( g) and (h) shall apply to any strike, where the union
has offered in writing to submit the industrial dispute to arbitration under sub -section (6) of
section 58 of the Bombay Act or section 10-A of the Central Act, and
(i) the employer does not accept the offer; or
(ii) the employer accepts the offer but disagreeing on the choice of the arbitr ator,
does not agree to submit the dispute to arbitration without naming an arbitrator as
provided in the Bombay Act,
and thereafter, the dispute has been referred for arbitration of the Industrial Court under
section 73-A of the Bombay Act, or where the Central Act applies, while disagreeing on the
choice of the arbitrator, the employer does not agree to submit the dispute to arbitration of
16 The Maharashtra Recognition of Trade Unions and Prevention [1972 : Mah. I
of Unfair Labour Practice Act, 1971
the arbitrator recommended by the State Government in this behalf, and thereafter, the
dispute has been referred for adjudication of the Industrial Tribunal or the Labour Court, as
the case may be, under the Central Act; or
(i) during any period in which any settlement or award is in operation, in respect of
any of the matters covered by the settlement or award;
(2) “illegal lock-out” means a lock-out which is commenced or continued,—
(a) without giving to the employees, a notice of lock -out in the prescribed form or
within fourteen days of the giving of such notice;
(b) during the pendency of conciliation proceeding under the Bombay Act or the
Central Act and seven days after the conclusion of such proceeding in respect of any of the
matters covered by the notice of lock-out;
(c) during the period when a submission in respect of any of the matters covered by the
notice of lock-out is registered under section 66 of the Bombay Act, before such submission
is lawfully revoked;
(d) where an industrial dispute in respect of matter covered by the notice of lock -out
has been referred to the arbitration of a Labour Court or t he Industrial Court voluntarily
under sub-section (6) of section 58 or section 71 of the Bombay Act, during the arbitration
proceeding or before the date on which the arbitration proceeding is completed or the date
on which the award of the arbitrator comes into operation, whichever is later;
(e) during the pendency of arbitration proceedings before an arbitrator under the
Central Act and before the date on which the arbitration proceedings are concluded, if such
proceedings are in respect of any of the matters covered by the notice of lock-out;
(f) in cases where an industrial dispute has been referred to the arbitration of a Labour
Court or the Industrial Court compulsorily under sections 72, 73 or 73 -A of the Bombay
Act, during such arbitration proceeding or before the date on which the proceeding is
completed, or the date on which award of the Court comes into operation, whichever is later,
if such proceedings are in respect of any of the matters covered by the notice of lock-out; or
(g) in case where an industrial dispute has been referred to the a djudication of the
Industrial Tribunal or Labour Court under the Central Act, during the pendency of such
proceeding before such authority and before the conclusion of such proc eeding, if such
proceeding is in respect of any of the matters covered by the notice of lock-out :
Provided that, nothing in clauses ( f) and ( g) shall apply to any lock -out, where the
employer has offered in writing to submit the industrial dispute to arbitration under sub -
section (6) of section 58 of the Bombay Act, or section 10-A of the Central Act; and
(i) the union does not accept the offer;
(ii) the union accepts the offer, but disagreeing on the choice of the arbitrator,
does not agree to submit the dispute to arbitration without naming an arbitrator as
provided in the Bombay Act,
and thereafter, the dispute has been referred for arbitration of the Industrial Court under
section 73-A of the Bombay Act; or where the Central Act applies, while disagreeing on the
choice of the arbitrator the union does not agree to submit the d ispute to arbitration of the
arbitrator recommended by the State Government in this behalf and thereafter, the dispute
has been referred for adjudication of the Industrial Tribunal or the Labour Court, as the case
may be, under the Central Act;
(h) during any period in which any settlement or award is in operation, in respect of
any of the matters covered by the settlement or award.
25. Reference of Labour Court for declaration whether strike or lock -out is illegal. —
(1) Where the employees in any und ertaking have proposed to go on strike or have commenced a
strike, the State Government or the employer of the undertaking may make a reference to the Labour
Court for a declaration that such strike is illegal.
1972 : Mah. I] The Maharashtra Recognition of Trade Unions and Prevention 17
of Unfair Labour Practice Act, 1971
(2) Where the employer of any undertaking has proposed a lock -out or has commenced a
lock-out, the State Government or the recognised union or, where there is no recognised union, any
other union of the employees in the undertaking may make a reference to t he Labour Court for a
declaration whether such lock-ouExcerpt shown. Open the full act in Lexace.