Industrial Disputes Act, 1947
[(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 industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.] [ (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 Officer 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 Government 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, dismissal, 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 Labour 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] Union Territory of Jammu and Kashmir and Ladakh Section 2A.—In sub-section (3), for "three years", substitute "one year". [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). Meghalaya Amendment of section 2 (s) of Industrial Disputes Act, 1947 (Central Act No. 14 of 1947).—For the existing clause (s) of section 2 of the Industrial Disputes act, 1947 (Central Act No. 14 of 1947) the following shall be substituted, namely:-- “(S) “Workmen” means any person (including an apprentice) employed in any industry to do any manual skilled or unskilled, technical, sales promotion, operational, clerical or supervisory work or any work for the promotion of sales for hire or reward, whether the terms of employment be expressed or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes 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 person; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) Who being employed in a supervisory capacity, draws wages exceeding one thousand six hundred 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 or a managerial nature.” [Vide Meghalaya Act 5 of 2009, s. 2] Rajasthan Amendment of section 2, Central Act No. 14 of 1947.- In the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in section 2,- (a) the existing sub-clause (iii) of clause (g) shall be deleted; and (b) in clause (s), the existing expression “by an employer or by a contractor in relation to the execution of his contract with such employer” shall be deleted. [Vide Rajasthan Act 21 of 2014, s. 2] Amendment of section 2A, Central Act No. 14 of 1947.- In section 2A of the principal Act, after the existing sub-section (3), the following new sub-section shall be added, namely:- “ (4) Notwithstanding anything in sub-sections (1), (2) and (3), no such 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 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 an authority, as may be specified by the State Government, may consider to extend the said period of three years when the applicant workman satisfies the authority that he had sufficient cause for not raising the dispute within the period of three years.”. [Vide Rajasthan Act 21 of 2014, s. 3] Rajasthan Amendment of section 2, Central Act XIV of 1947.-In section 2 of the principal Act;-- (i) after clause (aa) the following new clauses shall be inserted, namely- " (aaa) "arbitration proceeding" means- (i) any proceeding under Chapter III-A of this Act before an arbitrator, or (ii) any proceeding before an Industrial Tribunal in arbitration; (aaaa) "arbitrator" means an arbitrator to whom a dispute is referred for arbitration under the provisions of Chapter III-A of this Act and includes an umpire;" (ii) in clause (b), for the words, figures and letter "under section 10A", the words, figures and letter "under Chapter III-A" shall be substituted; (iii) after clause (eee) the following new clause shall be inserted, namely- "(eeee) "member" means a person who is an ordinary member of a Union and who has paid a subscription of not less than four annas 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 three months or more next preceding such time;"; (iv) in clause (g), after sub-clause (ii), the following sub-clause shall be inserted, namely- " (iii) where the owner of any industry in the course of or for the purpose of conducting the industry contracts with any person for the execution by or under the contractor of the whole or any part of any work which is ordinarily a part of the industry, the owner of the industry;"; (v) after clause (oo) the following new clauses shall be inserted, namely- "(ooo) "Registrar" means the person for the time being appointed to be the Registrar of Unions under this Act and includes in respect of such powers and duties of the Registrar as may be conferred and imposed on him, an Assistant Registrar of Unions; (oooo) "Representative Union" means a Union for the time being registered as a Representative Union under this Act;"; (vi) after clause (rr), the following new clause shall be inserted, namely- "(rrr) "Union" means a Trade Union of employees registered under the Indian Trade Unions Act, 1926 (Central Act XVI of 1926);"; and (vii) in clause (s), after the words "employed in any industry", the words "by an employer or by a contractor in relation to the execution of his contract with such employer" shall be inserted. [Vide Rajasthan Act 34 of 1958, s. 3]