BIRA 3 — Definitions

Bombay Industrial Relations Act (extended to Gujarat), 1946

Statutory text

In this Act unless there is anything repugnant in the subject or context—

(1) "approved list" means the list of approved unions maintained by the Registrar under section 12 ;

(2) "approved union" means a union on the approved list ;

(3) "arbitration proceeding" means—

(i) any proceeding under this Act before an arbitrator, (ii) any proceeding before a Labour Court, "[a Wage Board] or the Industrial Court in arbitration ;

(4) "arbitrator" means an arbitrator to whom a dispute is referred for arbitration under the provisions of this Act and includes an umpire ;

(5) "association of employers" means any combination of employers recognised by the 3[State] Government under section 27 ;

(6) "award" means any "[interim, final or supplementary] determination in an arbitration proceeding of any industrial dispute or of any question relating thereto ;

(7) "Board" means a Board of Conciliation appointed under section 7 ;

(8) "change" means an alteration in an industrial matter ; 3[ (8A) "closure" means the closing of any place or part of a place of employment 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 refusal is or is not in consequence of an industrial dispute ;] (9) "Commissioner of Labour" means an officer appointed by the 6[State] Government for the time being to be the Commissioner of Labour ; and in respect of any of the powers and duties of the Commissioner of Labour that may be conferred and imposed on any person, includes such person ;

(10) "conciliation proceeding" means any proceeding held by a Conciliator or a Board under this Act ;

(11) "Conciliator" means any Conciliator appointed under this Act and includes the Chief Conciliator 7[and Additional Chief Conciliator] or a Special Conciliator ;

(12) "Court of Enquiry" means a Court constituted under section 100 ;

(d) all questions of what is fair and right in relation to any industrial matter having regard to the interest of the person immediately concerned and of the community as a whole ;

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