Вы находитесь на странице: 1из 2

Closure under section 2(cc) of the Industrial Disputes Act of 1947 is defined as the

permanent closing down of a place of employment or a part thereof, and is taken as one which
may have occurred due to industrial disputes or also because of reasons other
than industrial disputes such as financial stringency, shortage of power or raw material or
coal, inter / intra union rivalries, accumulation of stocks, lack of demand, breakdown of
machinery, indiscipline, violence etc. The closure do not include off season closures.

Lay-off has been defined in Section 2(kkk) of the Industrial Disputes Act as the failure, refusal
or inability of an employer on account of shortage of coal, power, or raw materials or the
accumulation of stock, the breakdown of machinery, 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.
Lay-off is a measure to cope with the temporary inability of an employer to offer employment to
a workman to keep the establishment as going concern. It results in immediate unemployment
though temporary in nature. It does not put an end to the employer-employee relationship, nor
does it involve any alteration in the conditions of service.

The main objectives of the The Industrial Employment (Standing Orders) Act, 1946 , besides
maintaining harmonious relationship between the employers and the employees, are to regulate
the conditions of recruitment, discharge, disciplinary action, leave, holidays, etc. of the workers
employed in industrial establishments.

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 The Maharashtra
Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
Act.

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 matters 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, or 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.
Certifying Officers and appellate authorities to have powers of Civil Court.-
(1) Every Certifying Officer and appellate authority shall have all the powers of a Civil Court
for the purposes of receiving evidence, administering oaths,, enforcing the attendance of
witnesses, and compelling the discovery and production of documents, and shall be deemed
to be a Civil Court within the meaning of [Sections 345 and 346 of the Code of Criminal
Procedure, 1973 (2 of 1974)]26 27[(2) Clerical or arithmetical mistakes in any order passed
by a Certifying officer or appellate authority, or errors arising therein from any accidental
slip or omission may, at any time, be corrected by that Officer or authority or the successor
in office of such officer or authority, as the case may be.]

Lock-Out means the temporary closing of a place of employer, whereas Closure means the
permanent closing down of a place of employment.
In the case of Lock-Out, the employer closes the pace of business, whereas in the case of Closure
the employer closes the business itself.
Further, in the case of Lock-Out there is suspension of work, whereas in the case of a Closure there
is discontinuation of the business.

Вам также может понравиться