Industrial Disputes Act, 1947
(1) The appropriate Government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed to be amended accordingly. (2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly. (3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of the State, if the notification has been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.] [THE FIRST SCHEDULE [See section 2(n)(vi)] INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (n) OF SECTION 2 1. Transport (other than railways) for the carriage of passengers or goods, [by land or water]; [ 2. Banking; 3. Cement; 4. Coal; 5. Cotton textiles; 6. Food stuffs; 7. Iron and Steel; 8. Defence establishments; 9. Service in hospitals and dispensaries; 10. Fire Brigade Service; [ 11. India Government Mints;] 12. India Security Press; [ 13. Copper Mining; 14. Lead Mining; 15. Zinc Mining;] [ 16. Iron Ore Mining;] [ 17. Service in any oilfield,] [***] [19. Service in the Uranium Industry;] [20. Pyrites Mining;] 21. Security Paper Mill, Hoshangabad; [22. Services in the Bank Note Press, Dewas;] [23. Phosphorite Mining;] [24. Magnesite Mining.] [25. Currency Note Press;] 3. Declared to be Public utility service for six months effective 17-04-2010 vide Notification No. S.O. 760(E), dated 06-04-2010. 4. These entries were added to the Schedule from time to time by notifications issued under section 40 of the Act. [26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like;] [27. Service in the Airports Authority of India;] [28. Industrial establishments manufacturing or producing Nuclear Fuel and components, Heavy Water and Allied Chemicals and Atomic Energy.] [29. 'Processing or production or distribution of fuel gases' (coal gas, natural gas and the like)] [30. Manufacturing of Alumina and Aluminium; and 31. Mining of Bauxite.] [32. Services in the Bank Note Paper Mill India Private Limited, Mysore, Karnataka.] [33. Chemical Fertilizer industry.] STATE AMENDMENT Karnataka Amendment of the First Schedule.—In the First Schedule to the principal Act, after item No. 10, the following item shall be added namely:— “11. Oxygen and Acetylene.” [Vide Karnataka Act 6 of 1963, s. 3.] Manipur In the Schedule to the Principal Act, for the word, figures and letter, “Section 120 B”, the words, figures and letter, “Sections 120 B, 121 to 130” shall be substituted. [Vide Manipur Act 11 of 1983, s. 4] THE SECOND SCHEDULE (See section 7) MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS 1. The propriety or legality of an order passed by an employer under the standing orders; 2. The application and interpretation of standing orders; 3. Discharge or dismissal of workmen including re-instatement of, or grant of relief to, workmen wrongfully dismissed; 4. Withdrawal of any customary concession or privilege; 5. Illegality or otherwise of a strike or lock-out; and 6. All matters other than those specified in the Third Schedule. THE THIRD SCHEDULE (See section 7A) MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS 1. Wages, including the period and mode of payment; 2. Compensatory and other allowances; 3. Hours of work and rest intervals; 4. Leave with wages and holidays; 5. Bonus, profit sharing, provident fund and gratuity; 6. Shift working otherwise than in accordance with standing orders; 7. Classification by grades; 8. Rules of discipline; 9. Rationalisation; 10. Retrenchment of workmen and closure of establishment; and 11. Any other matter that may be prescribed. THE FOURTH SCHEDULE (See section 9A) CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN 1. Wages, including the period and mode of payment; 2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force; 3. Compensatory and other allowances; 4. Hours of work and rest intervals; 5. Leave with wages and holidays; 6. Starting, alteration or discontinuance of shift working otherwise than in accordance with standing orders; 7. Classification by grades; 8. Withdrawal of any customary concession or privilege or change in usage; 9. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are provided in standing orders; 10. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen; 11. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, [not occasioned by circumstances over which the employer has no control].] [THE FIFTH SCHEDULE [See section 2(ra)] UNFAIR LABOUR PRACTICES I.—On the part of employers and trade unions of employers 1. To interfere with, restrain from, or coerce, workmen in the exercise of their right to organise, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say:— (a) threatening workmen with discharge or dismissal, if they join a trade union; (b) threatening a lock-out or closure, if a trade union is organised; (c) granting wage increase to workmen at crucial periods of trade union organisation, with a view to undermining the efforts of the trade union organisation. 2. To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say:— (a) an employer taking an active interest in organising a trade union of his workmen; and (b) an employer showing partiality or granting favour to one of several trade unions attempting to organise his workmen or to its members, where such a trade union is not a recognised trade union. 3. To establish employer sponsored trade unions of workmen. 4. To encourage or discourage membership in any trade union by discriminating against any workman, that is to say:— (a) discharging or punishing a workman, because he urged other workmen to join or organise a trade union; (b) discharging or dismissing a workman for taking part in any strike (not being as trike which is deemed to be an illegal strike under this Act); (c) changing seniority rating of workmen because of trade union activities; (d) refusing to promote workmen to higher posts on account of their trade union activities; (e) giving unmerited promotions to certain workmen with a view to creating discord amongst other workmen, or to undermine the strength of their trade union; (f) discharging office-bearers or active members of the trade union on account of their trade union activities. 5. To discharge or dismiss workmen— (a) by way of victimisation; (b) not in good faith, but in the colourable exercise of the employer's rights; (c) by falsely implicating a workman in a criminal case on false evidence or on concocted evidence; (d) for patently false reasons; (e) on untrue or trumped up allegation of absence without leave; (f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste; (g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record or service of the workman, thereby leading to a disproportionate punishment. 6. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike. 7. To transfer a workman mala fide from one place to another, under the guise of following management policy. 8. To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a pre-condition to allowing them to resume work. 9. To show favouritism or partiality to one set of workers regardless of merit. 10. To employ workmen as “badlis”, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen. 11. To discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute. 12. To recruit workmen during a strike which is not an illegal strike. 13. Failure to implement award, settlement or agreement. 14. To indulge in acts of force or violence. 15. To refuse to bargain collectively, in good faith with the recognised trade unions. 16. Proposing or continuing a lock-out deemed to be illegal under this Act. II.—On the part of workmen and trade unions of workmen 1. To advise or actively support or instigate any strike deemed to be illegal under this Act. 2. To coerce workmen in the exercise of their right to self-organisation or to join a trade union or refrain from joining any trade union, that is to say:— (a) for a trade union or its members to picketing in such a manner that non-striking workmen are physically debarred from entering the work place; (b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking workmen or against managerial staff. 3. For a recognised union to refuse to bargain collectively in good faith with the employer. 4. To indulge in coercive activities against certification of a bargaining representative. 5. To stage, encourage or instigate such forms of corrective actions as willful “go slow”, squatting on the work premises after working hours or “gherao” of any of the members of the managerial or other staff. 6. To stage demonstrations at the residence of the employers or the managerial staff members. 7. To incite or indulge in willful damage to employer's property connected with the industry. 8. To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work.] STATE AMENDMENT Andhra Pradesh In Schedule V In the Fifth Schedule, under the heading II on the part of workmen and trade unions of workmen, to item 5, the following explanation shall be added namely:— “Explanation:—For the purpose of this paragraph, 'go slow' means any such activity by any number of persons, employed in any industry, acting in combination or with common understanding, to slow down or to delay the process of production or work purposely whether called by work to rule or by any other name so as the fixed or average or normal level of production or work or output of workman or workmen of the establishment is not achieved: Provided that all necessary ingredients or inputs for standard quality production or work are made available in time and in sufficient quantity.”. [Vide Andhra Pradesh Act 12 of 2015, s. 4] Rajasthan Amendment of Fifth Schedule, Central Act No. 14 of 1947.- After the existing paragraph 5 of Part II to the Fifth Schedule of the principal Act, the following shall be added, namely:- Explanation.- For the purpose of this paragraph, ‘go slow’ means any such activity by any number of persons, employed in any industry, acting in combination or with common understanding, to slow down or to delay the process of production or work purposely whether called by work to rule or by any other name, so as the fixed or average or normal level of production or work or output of workman or workmen of the establishment is not achieved: Provided that all necessary ingredients or inputs for standard quality production or work are made available in time and in sufficient quantity.”. [Vide Rajasthan Act 21 of 2014, s. 10]