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LABOR LAW
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Table of Contents
1
Page 1 of 12
Year
Labor Law
Short Notes
Definition of
Trade Union
Jan/Feb
2014
Dissolution of
Trade Union
3 YDC
Industrial
Dispute
Works
Committee
Lay Off
Voluntary
Arbitration
(1) In the case of any industrial establishment in which one hundred or more
workmen are employed or have been employed on any day in the preceding
twelve months, the appropriate Government may by general or special order
require the employer to constitute in the prescribed manner a Works
Committee consisting of representatives of employers and workmen engaged
in the establishment so however that the number of representatives of
workmen on the Committee shall not be less than the number of
representatives of the employer. The representatives of the workmen shall be
chosen in the prescribed manner from among the workmen engaged in the
establishment and in consultation with their trade union, if any, registered
under the Indian Trade Unions Act, 1926 (16 of 1926 ).
(2) It shall be the duty of the Works Committee to promote measures for
securing and preserving amity and good relations between the employer and
workmen and, to that end, to comment upon matters of their common interest
or concern and endeavour to compose any material difference of opinion in
respect of such matters.
According to THE INDUSTRIAL DISPUTES ACT, 1947 Sec. 2 (kkk) " layoff" (with its grammatical variations and cognate expressions) means the
failure, refusal or inability of an employer on account of shortage of coal,
power or raw materials or the accumulation of stocks or the breakdown of
machinery 5 or natural calamity or for any other connected reason] to give
employment to a workman whose name is borne on the muster rolls of his
industrial establishment and who has not been retrenched. Explanation.-Every workman whose name is borne on the muster rolls of the industrial
establishment and who presents himself for work at the establishment at the
time appointed for the purpose during normal working hours on any day and
is not given employment by the employer within two hours of his so
presenting himself shall be deemed to have been laid- off for that day within
the meaning of this clause: Provided that if the workman, instead of being
given employment at the commencement of any shift for any day is asked to
present himself for the purpose during the second half of the shift for the day
and is given employment then, he shall be deemed to have been laid- off only
for one- half of that day: Provided further that if he is not given any such
employment even after so presenting himself, he shall not be deemed to have
been laid- off for the second half of the shift for the day and shall be entitled
to full basic wages and dearness allowance for that part of the day;] fication,
be extended from time to time, by any period not exceeding six months, at
any one time if in the opinion of the appropriate Government public
emergency or public interest requires such extension;
According to THE INDUSTRIAL DISPUTES ACT, 1947 Sec. 10A.
Voluntary reference of disputes to arbitration.(1) Where any industrial dispute exists or is apprehended and the employer
and the workmen agree to refer the dispute to arbitration, they may, at any
time before the dispute has been referred under section 10 to a Labour Court
or Tribunal or National Tribunal, by a written agreement, refer the dispute to
arbitration and the reference shall be to such person or persons (including the
Unfair Labor
Practice
Principles of
Natural Justice
Aug/Sep
2013
Definition of
Trade Union
Outside
Leadership in
trade unions
Already answered.
According to Trade Unions Act, 1926 Sec. 22, Outside Leadership is
provided in a Trade Union.
Proportion of office-bearers to be connected with the industry.
(1) Not less than one-half of the total number of the office-bearers of every
registered Trade Union in an unrecognised sector shall be persons actually
engaged or employed in an industry with which the Trade Union is
connected: Provided that the appropriate Government may, by special or
general order, declare that the provisions of this section shall not apply to any
Trade Union or class of Trade Unions specified in the order. Explanation.
For the purposes of this section, unorganised sector means any sector which
the appropriate Government may, by notification in the Official Gazette,
specify.
(2) Save as otherwise provided in sub-section (1), all office-bearers of a
registered Trade Union, except not more than one-third of the total number of
the office-bearers or five, whichever is less, shall be persons acutally engaged
or employed in the establishment or industry with which the Trade Union is
connected. Explanation.For the purposes of this sub-section, an employee
who has retired or has been retrenched shall not be construed as outsider for
the purpose of holding an office in a Trade Union.
(3) No member of the Council of Ministers or a person holding an office of
profit (not being an engagement or employment in an establishment or
industry with which the Trade Union is connected), in the Union or a State,
shall be a member of the executive or other office-bearer of a registered Trade
Union.]
3 YDC
Industrial
Relations
Retrenchment
Unfair Labor
Practice
A new Schedule V has been added by the IDA (Amendment), 1982. In this
Schedule, Unfair Labor Practices has been defined. Moreover, it contains a
list of such practices as are treated unfair on the part of the employers or their
Trade Unions, or on the part of workmen and their Trade Unions.
Prohibition of Unfair Labor Practice IDA, 1947 U/S 25(T)
Penalty for committing unfair Labor Practice IDA 1947 U/S 25(U)
Works
Committee
a. Brief Facts
b. Judgment According to The Industrial Employment (Standing Orders) Act, 1946
IE(SO)A 1946
Model Standing Order is a model annexed in Schedule or Schedules to the
act or any Rules made by any State Government or Central Government
delegated under the Act. Each Model Standing Order gives a model for any
particular industry. Taking the model, the employer of that kind of industry
shall prepare his own Standing Order.
Model
Standing Order
DEFINITION(S)
EXAMPLES
1) SCHEDULE 1 2) SCHEDULE 1(A) 3) SCHEDULE 1 (B) CONTENTS OF MODEL STANDING ORDERS
APPLICATION OF THE MODEL STANDING ORDER
Domestic
enquiry
Definition of
Jan 2012 Trade Union
Amalgamation
of Trade
3 YDC
Unions
Definition of
industry
Works
Committee
Lay Off
Charge sheet
Labor court
Workman
Apr /
History of
May
Trade Union
2011
Movement
Definition of
3 YDC
industry
Works
Committee
Conciliation
Already answered
Backlog
Voluntary
Arbitration
Standing
Orders
Charge sheet
Enquiry Report
Immunities of
Trade Union
Dissolution of
Trade Union
Definition of
industry
Court of
Inquiry
Recovery of
money due
from Employer
Certification of
Standing
Orders
Domestic
enquiry
Principles of
Natural Justice
May /
Jun
2010
Adjudication
Jun / Jul
2011
3 YDC
3 YDC
Dec
2010
3 YDC
Standing
Orders
Trade Union
Joint
Management
Councils
Victimization
Bonus
Disciplinary
proceedings
Conciliation
Registration of
Trade Union
Multiplicity of
Trade Union
Voluntary
Arbitration
Workman
under the
Industrial
Dispute Act,
1947
Strike
Domestic
enquiry
Labor court
Charge sheet
Apr /
May
2009
3 YDC
Model
Questio
n Paper
I
3 YDC
Collective
Bargaining
Minimum
wages
Voluntary
Arbitration
Retrenchment
Maternity
Benefit
Gratuity
Individual
Dispute
Provident Fund
Rights and
Liabilities of
Registered
Trade Unions
Lay Off
Court of
Inquiry
Scope and
Coverage of
Standing
Orders
Charge sheet
Audi Alteram
Partem
Industrial
Dispute
Alteration of
Conditions of
Service
Model
Questio
n Paper
2
3 YDC
Triple Test
Define "Trade
Dispute"
Appropriate
Government
Lay Off and
Retrenchment
Recovery of
money due
from Employer
Powers of
Labor Court
Model
Standing Order
Enquiry Report