Gujarat Industrial Relations Act, 1946
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
Bombay Act No. XI of 1947
The Gujarat Industrial Relations Act, 1946
(As modified upto the 31st October, 2012)
{WWW 31313
Gujarat Industrial Relations Act, 1946
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THE GUJARAT INDUSTRIAL RELATIONS ACT, 1946
CONTENTS.
PREAMBLE.
SECTIONS. PAGE NO.
CHAPTER I.
PRELIMINARY.
1. Short title.
2. Extent, commencement and application.
3. Definitions.
CHAPTER II.
AUTHORITIES TO BE CONSTITUTED OR APPOINTED UNDER THIS
ACT.
4. Commissioner of Labour.
5. Registrar and Assistant Registrars.
6. Conciliator.
7. Board of Conciliation.
8. Labour Officers and Assistant Labour Officers.
9. Labour Courts.
10. Industrial Court.
CHAPTER III.
REGISTRATION OF UNIONS.
11. Recognition of undertakings and occupations.
12. Maintenance of registers and approved list.
13. Application for registration.
14. Registration of union.
15. Cancellation of registration.
16. Registration of another union in place of existing registered union.
17. Application for re-registration.
18. Liability of union or members not relieved by cancellation.
19. Periodical returns to be submitted to registrar.
20. Appeal to Industrial Court from order of Registrar cancelling registration.
21. Publication of order.
22. Registration of union for more than one local area.
CHAPTER IV.
APPROVED UNIONS.
23. Approved list: maintenance of: conditions for being entered in.
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SECTIONS. PAGE NO.
23A. Approved union to continue to be so for altered local area for some time.
24. Removal from approved list.
24A. Appeal to Industrial Court from order of Registrar.
25. Rights of Officers of approved unions.
26. Legal aid to approved unions at Government expense in important
proceedings.
CHAPTER V.
REPRESENTATIVES OF EMPLOYERS AND EMPLOYEES, AND
APPEARANCE ON THEIR BEHALF.
27. Recognition of combination of employers as association of employers.
27A. Appearance on behalf of employees.
27B. Continuance of recognition of association of employers for altered local area.
28. Election of representative of employees.
29. Act or decision of majority to be deemed to be act or decision of all.
30. Representatives of employees.
31. Registered or representative union to continue to be so for altered local area
for some time.
32. Persons who may appear in proceedings.
33. Appearance for employees.
33A. Persons who may appear in proceeding in which there is dispute between
employees and employees.
CHAPTER VI.
POWERS AND DUTIES OF LABOUR OFFICER.
34. Powers and duties of Labour Officers.
CHAPTER VII.
STANDING ORDERS.
35. Settlement of Standing Orders by Commissioner of Labour.
36. Appeal to Industrial Court.
37. Review.
38. No alteration in Standing Orders for one year.
39. Alteration in Standing Orders.
40. Standing Orders to be determinative.
41. Act XX of 1946 not to apply to certain industries.
CHAPTER VIII.
CHANGES.
42. Notice of change.
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SECTIONS. PAGE NO.
43. Notice of change when to be deemed general notice.
44. Agreement regarding change.
44A. Registration of agreements under section 42(4).
44B. Certain settlements deemed to be agreements.
45. Agreement to come into force.
46. Illegal change.
47. Employer to make change etc., within certain time.
CHAPTER IX.
JOINT COMMITTEES.
48. Constitution of Joint Committees.
49. Composition of Joint Committee.
50. Proceedings of Joint Commitee.
51. Proposal for change.
52. Special intimation for change and special application to Labour Court.
53. Decision of respective representatives binding on union and employer.
CHAPTER IX-A.
JOINT MANAGEMENT COUNCILS.
53A. Constitution of Joint Management Councils.
53B. Functions of Council.
CHAPTER X.
CONCILIATIONS PROCEEDINGS.
54. Report of dispute to be sent to Registrar, Chief Conciliator and Conciliator.
55. Commencement of conciliation proceedings.
56. Conciliation proceedings.
57. Power of Chief Conciliator to intervene.
58. Settlement and report.
59. Reference to Board.
60. Procedure and powers of Conciliator and Board.
61. Reference to Industrial Court by Conciliator or Board.
62. Time limit for stages of conciliation proceeding.
63. Completion of conciliation proceeding.
64. Conciliation proceedings not to be commenced or continued in certain cases.
65. Conciliation proceeding discontinued deemed to be completed.
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SECTIONS. PAGE NO.
CHAPTER XI
ARBITRATION.
66. Submission.
67. Submission when revocable.
68. Non-application of Arbitration Act, 1940.
69. Special case to be stated to Industrial Court.
70. Award by arbitrator.
71. Dispute to be referred to Labour Court or Industrial Court if no arbitrator
appointed.
72. Disputes between employees and employees may be referred by State
Government to arbitration of Labour Court or Industrial Court.
73. State Government may refer Industrial dispute to Industiral Court for
arbitration.
73AA. Power of State Government to include other undertakings in references to
Labour or Industrial Court.
73A. Reference to arbitration by unions.
74. Notice of award to parties.
75. Date on which award shall come into operation.
76. Completion of arbitration proceeding.
76A. Procedure to give effect to awards affecting State Government.
CHAPTER XII.
LABOUR COURTS.
77. Territorial jurisdiction.
78. Powers of Labour Court.
79. Commencement of proceedings.
80. Labour Court to give notice to parties effected and permit appearance of
parties.
80A. Procedure to be followed in an application under section 79 by an employee
when employees affected are numerous.
80B. When an employee, who is not permitted to appear may be allowed to join as
a party.
80C. Procedure to be followed in an application under section 79 by employees
when employees affected are numerous.
80D. Judge of Labour Court to record minutes of proceedings, averments, etc.
81. Reference to Industrial Court by Labour Court.
82. Cognizance of offences.
83. Powers and procedure of Labour Courts in trials.
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SECTIONS. PAGE NO.
83A. Legal practitioners excluded from appearance in certain proceedings in
Labour Courts.
84. Appeals.
85. Industrial Court to exercise superintendence over Labour Courts.
86. Decision, etc., of Labour Court not to be called in question.
86A. Power to award costs.
CHAPTER XII-A.
WAGE BOARDS.
86AA. Wage Boards.
86B. Constitution of Wage Board.
86C. Reference to Wage Boards.
86CC. Reference to Wage Board by certain registered unions.
86D. Proceedings not to be commenced or continued before Conciliator, Board,
etc.
86E. Procedure before Wage Boards.
86EE. Coming into operation of decision of Wage Board.
86F. Procedure to give effect to decision of Wage Board affecting State
Government.
86G . Appeals.
86H. Parties on whom order or decision of Wage Board is binding.
86I. Review of order or decision by Wage Board.
86J. Superintendence by Industrial Court.
86K. Order or decision of Wage Boards not to be called in question.
86KK. Transfer of certain disputes to Wage Board.
CHAPTER XII--B.
STATE WAGE BOARD.
86L. State Wage Board.
CHAPTER XIII.
COURT OF INDUSTRIAL ARBITRATION.
87. Duties of Industrial Court.
88. Powers of Industrial Court.
89. Cacellation of registration of union.
90. Reference on point of law.
91. Reference regarding interpretation of Act and Rules.
92. Procedure before Industrial Court.
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SECTIONS. PAGE NO.
93. Execution of order as to costs.
94. Parties on whom order of Industrial Court binding.
95. Order of Industrial Court to be binding,
95A. Law declared by Industrial Court to be final except on review.
96. Officer to appear in proceeding before Industrial Court.
CHAPTER XIV.
ILLEGAL STRIKES AND LOCK-OUTS.
97. Illegal strikes.
97A. Stoppage of work by employees in certain circumstances illegal.
98. Illegal lock-outs.
98A. Closure of work by employer in certain circumstances illegal.
99. Reference to Industrial Court for declaration whether strike, lock-out, closure
or stoppage is illegal.
CHAPTER XV.
COURT OF ENQUIRY.
100. Court of Enquiry : constitution, duties and powers of-
CHAPTER XVI.
PENALTIES.
101. Employer not to dismiss, reduce or punish an employee.
102. Penalty for declaring illegal lock-out or illegal closure.
103. Penalty for declaring or commencing illegal strike or illegal stoppage.
104. Penalty for instigating, etc., illegal strikes, lock-outs, closures and stoppages.
105. Penalty for disclosing confidential information.
106. Penalty for illegal change.
106A. Penalty for failure to appoint members on Joint Committee.
106B. Penalty for failure to nominate members on Council by employer.
107. Penalty for contravention of a Standing Order.
108. Penalty for obstructing person from carrying out duties.
109. Penalties for offences not provided for elsewhere.
110. Recovery of fines and compansation.
CHAPTER XVII.
RECORD OF INDUSTRIAL CONDITIONS.
111. Record of Industrial matters, etc.
112. Inquiry for verification of records.
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SECTIONS. PAGE NO.
CHAPTER XVIII.
MISCELLANEOUS.
113. Modification in Schedules.
113A. Dismissal of certain applications for want of prosecution.
114. Agreement etc., on whom binding.
115. Order or decision of Wage Board or Labour Court on whom binding.
115A. Order, decision or award to be in terms of agreement between employer and
Representative Union.
115B. Construction and interpretation of awards.
116. Agreement, etc., when to cease to have effect.
116A. Modification of award.
117. Liability of the executive of a union.
118. Powers of certain authorities to summon witnesses, etc.
118A. Offences under section 104 cognizable.
118B. Consequences of non-appearance of parties.
119. Certain officers to be public servants.
119A. Contempt of Industrial Court, Labour Courts and Wage Boards relating to
commission to produce documents, etc.
119B. Other kinds of contempt’s of Industrial Court, Labour Courts and Wage
Boards.
119C. Power of Industrial Court, etc., to decide all connected matters.
119D. Power of Industrial Court, etc., to pass interim orders.
119E. Protection of action taken under this Act.
120. Provisions of Act VII of 1929 not to be affected.
120A. Provisions of Act XIV of 1947 not to be affected.
121. Repeal of Bom. IX of 1934.
122. Repeal of Bom. XXV of 1938.
123. Rules.
124. Delegation of Powers.
SCHEDULES I TO III
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BOMBAY ACT NO. XI OF 1947.
1
[THE GUJARAT INDUSTRIAL RELATIONS ACT, 1946.]
[15TH APRIL, 1947.]
Amended by Bom.43 of 1948.
Amended by Guj. 74 of 1948.
Amended by Guj. 55 of 1949.
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom.63 of 1953.
Amended by Bom.49 of 1955.
Amended by Bom.35 of 1956.
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Guj. 20 of 1961.
Amended by Guj. 8 of 1962.
Amended by Guj. 22 of 1966.
Amended by Guj. 18 of 1968.
Amended by Guj. 20 of 1972.
Amended by Guj. 21 of 1972.
Amended by Guj. 22 of 1981.
Amended by Guj. 11 of 2004.
Amended by Guj. 12 of 2005.
An Act to regulate the relation of employers and employees, to make
provision for settlement of industrial disputes and to provide for certain other
purposes.
WHEREAS it is expedient to provide for the regulation of the relations of
employers and employees in certain matters, to consolidate and amend the law
relating to the settlement of industrial disputes and to provide for certain other
purposes. It is hereby enacted as follows :—
CHAPTER I.
PRELIMINARY.
1. This Act may be called the
1a
[Gujarat] Industrial Relations Act, 1946.
2.
2
[(1) This Act extends to the whole of the State of Gujarat.]
3
[(2) (a)] It shall come into force on such date as the
4
[State] Government
may by notification in the Official Gazette, specify.
3
[(b) In those areas
of the State of Gujarat to which it is extended by
the Bombay Industrial Relations (Gujarat Extension and Amendment)
Act, 1961, it shall come into force on such other date as the State
Government may by notification in the Official Gazette, specify.]
(3) In the areas in which the Bombay Industrial Disputes Act, 1938,was in
force immediately before the commencement of this Act, this Act shall apply
to the industries to which the said Act applied:
5
[Provided that this Act shall cease to apply with effect from the date
on which the Bombay Industrial Relations (Amendment) Act, 1949, comes
into force to the Imperial Bank of India and any banking company as defined
in section 5 of the Banking Companies Act, 1949 having branches or other
establishments in more than one
4
[State].]
(4) The
6
[State] Government may by notification in the Official Gazette apply
all or any of the provisions of this Act to all or any other industries, whether
Short title.
Extent, commence-
ment and Applica-
tion.
Guj. XX of 1961.
Bom. XXV of
1938.
Bom. LV of 1949.
X of 1949.
Gujarat Industrial Relations Act, 1946
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generally or any local area as may be specified in such notification.
7
[(5). The provisions of this Act shall not apply to the industry, unit or
establishment setup in the Special Economic Zone declared as such by the
Government of India]
8
[(6) The State Government may, by notification in the Official Gazette,
direct that the provisions of this Act shall cease to apply to such industry, in
such area, and from such date, as may be specified in the said notification and
thereupon the provisions of section 7 of the Bombay General Clauses Act,
1904, shall apply to such cessor as if this Act had then been repealed in
relation to the said industry in such area by the Gujarat Act.]
3. 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,
9
[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 employer" means any combination of employers
recognised by the
6
[State] Government under section 27;
(6) "award" means any
10
[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;
11
[(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 or a Special Conciliator ;
12
[(11A) "Council" means a Joint Management Council for any undertaking
constituted under section 53A];
(12) "Court of Enquiry" means a Court constituted under section 100 ;
13
[(13) "employee" means any person (including an apprentice) employed in
any industry to do any skilled or unskilled manual, supervisory, technical or
clerical work for hire or reward whether the terms of employment be express
Bom. 1 of 1904.
Definitions.
Gujarat Industrial Relations Act, 1946
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or implied, and includes -
(a) a person employed in the execution of any work in respect of
which the owner of an undertaking is an employer within the meaning
of sub-clause (e) of clause (14),
(b) a person who has been
14
[dismissed, discharged or retrenched
from employment or whose services have been terminated] on
account of any dispute relating to a change in respect of which a
notice is given or an application made under section 42 whether
before or after his
15
[dismissal, discharge, retrenchment or, as the case
may be, termination from employment,]
but does not include-
(i) a person who is employed in the police service or as an
officer or other employee of a prison,
(ii) a person who being employed primarily in a managerial
administrative or supervisory capacity draws basic pay
(excluding allowances) exceeding
16
[one thousand] rupees per
month, and
(iii) irrespective of the pay drawn, any other person or class of
persons employed in any capacity specified in clause (ii) or in
a technical capacity which the State Government may, by
notification in the Official Gazette, specify in this behalf;]
(14) "employer" includes -
(a) an association or a group of employers ;
(b) any agent of an employer ;
(c) where an industry is conducted or carried on by a department of
the
17
[State] Government the authority prescribed in that behalf, and
where no such authority has been prescribed, the head of the
department;
(d) where an industry is conducted or carried on by or on behalf of a
local authority, the chief executive officer of the authority;
18
[(e) where the owner of any undertaking in the course of or for the
purpose of conducting the undertaking entrusts the execution of the
whole or any part of any work which is ordinarily a part of the
undertaking, to any person otherwise than as the servant or agent of
the owner, the owner of the undertaking;]
(15) "illegal change" means an illegal change within the meaning of sub-
section (4) or (5) of section 46;
(16) "Industrial Court" means the Court of Industrial Arbitration constituted
under section 10;
(17) "industrial dispute" means any dispute or difference between an
employer and employee or between employers and employees or between
employees and employees and which is connected with any industrial matter;
(18) "Industrial matter" means any matter relating to employment, work,
wages, hours of work, privileges, rights or duties of employers or employees
or the mode, terms and conditions of employment, and includes-
(a) all matters pertaining to the relationship between employers and
employees, or to the dismissal or non-employment of any person;
(b) all matters pertaining to the demarcation of function of any
Gujarat Industrial Relations Act, 1946
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employees or classes of employees;
(c) all matters pertaining to any right or claim under or in respect of or
concerning a registered agreement or a submission, settlement or
award made under this Act;
(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 or the community as a whole;
(19) "industry" means—
(a) any business, trade, manufacture or undertaking or calling of
employers;
(b) any calling service, employment, handicraft, or industrial
occupation or avocation of employees;
and includes—
(i) agriculture and agricultural operations;
(ii) any branch of an industry or group of industries which the
19
[State] Government may by notification in the Official
Gazette declare to be an industry for the purpose of this Act;
(20) "Joint Committee" means a Joint Committee constituted under section
48;
(21) "Labour Court" means a Labour Court constituted under section 9;
(22) "Labour Officer" means an officer appointed to perform the duties of a
Labour Officer under this Act; and includes in respect of such powers and
duties of the Labour Officer as may be conferred and imposed on him, an
Assistant Labour Officer;
(23) "Local area" means any area
20
(including the entire State)] notified as a
local area for the purposes of this Act
21
[or for different industries];
(24) "lock-out" means the closing of a 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,
where such closing, suspension, or refusal occurs in consequence of an
industrial dispute and is intended for the purpose of--
(a) compelling any of the employees directly affected by such closing,
suspension or refusal or any other employees of his, or
(b) aiding any other employer in compelling persons employed by
him, to accept any term or condition of or affecting employment;
(25) "member" means a person who is an ordinary member of a union and
who has paid a subscription of not less than
22
[twenty-five paise]
23
[per
calendar month]:
Provided that no person shall at any time be deemed to be member if
his subscription is in arrears for a period of three
24
[calender months]or more
next preceding such time;
25
[Explanation.--A subscription for a particular calendar month shall,
for the purposes of this clause, be deemed to be in arrears if such,
subscription is not paid by the end of the calendar month in respect of which
it is due;]
(26) "occupation" means such section of an undertaking as is recognised
under section 11 to be an occupation;
Gujarat Industrial Relations Act, 1946
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(27) "prescribed" means prescribed by rules under this Act;
(28) "Primary Union" means a union for the time being registered as a
Primary Union under this Act;
(29) "Qualified Union" means a union for the time being registered as a
Qualified Union under this Act;
(30) "registered union" means a union registered under this Act;
(31) "Registrar" means a person for the time being appointed to be the
Registrar of Unions under this Act; and includes
26
[an Additional Registrar,
and] in respect of such powers and duties of the Registrar as may be
conferred and imposed on him, an Assistant Registrar of Unions;
(32) "representative of employees" means a representative of employees
entitled
27
[to appear or act] as such under section 30;
(33) "representative Union" means a union for the time being registered as a
representative Union under this Act;
(34) "Schedule" means a schedule appended to this Act;
(35) "settlement" means a settlement arrived at during the course of a
conciliation proceeding;
28
[and for the purposes of section 44B includes a
settlement arrived at within two months from the date of the completion or
any conciliation proceeding which has failed;]
29
[(35A) "stoppage" means a total or partial cessation of work by the
employee in an industry acting in combination or a concerted refusal or a
refusal under a common understanding of employees to continue to work or
to accept work, where such cessation or refusal is or not in consequence of an
industrial dispute;]
(36) "strike" means a total or partial cessation of work by the employees in an
industry acting in combination or concerted refusal or a refusal under a
common understanding of employees to continue to work or to accept work,
where such cessation or refusal is in consequence of an industrial dispute;
(37) "undertaking" means such concern in any industry as is recognised by
the Registrar under section 11;
(38) "union" means a trade Union of employees which is registered under the
Indian Trade Unions Act, 1926;
30
[(38A) "Wage Board" means a Wage Board constituted under section
31
[86AA];]
(39) "wages" means remuneration of all kinds capable of being expressed in
terms of money and payable to an employee in respect of his employment or
work done in such employment and includes—
(i) any bonus, allowances (including dearness allowance), reward or
additional remuneration;
(ii) the value of any house accommodation, light, water, medical
attendance or other amenity or service;
(iii) any contribution by the employer to any pension or provident
fund;
(iv) any travelling allowance or the value of any travelling
concession;
(v) any sum paid or payable to or on behalf of an employee to defray
XVI of 1926.
Gujarat Industrial Relations Act, 1946
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special expenses entailed on him by the nature of his employment;
32
[(vi) gratuity payable, if any.]
CHAPTER II.
Authorities To be Constituted Or Appointed Under This Act.
4. (1) The
33
[State]Government shall, by notification in the Official Gazette,
appoint a person to be Commissioner of Labour.
(2) The
33
[State] Government may, by general or special order notified in the
Official Gazette, confer and impose all or any of the powers and duties of the
Commissioner of Labour on any person whether generally or for any local
area.
5. (1) The
33
[State] Government shall, by notification in the Official Gazette,
appoint a person to be the Registrar of Unions for the whole
34
[State of
Gujarat].
(2) The
33
[State] Government may, by similar notification, appoint a person to
be the Assistant Registrar of Unions for any local area and may, by general or
special order, confer on such person all or any of the powers of the Registrar
of Unions under this Act.
6. (1) The
33
[State] Government shall, appoint a person to be the Chief
Conciliator. His jurisdiction shall extend throughout the
34
[State of Gujarat].
(2) The
33
[State]Government may, by notification in the Official Gazette,
appoint any person to be a Conciliator for any industry in a local area
specified in the notification.
(3) The
33
[State]Government may, by notification in the Official Gazette,
appoint any person to be a Special Conciliator for such local area or for such
industry for such local area or for such industrial dispute or class of disputes
as may be specified in the notification.
7. (1) When an industrial dispute arises the
33
[State] Government may, by
notification in the Official Gazette constitute a Board of Conciliation for
promoting the settlement of such dispute.
(2) The Board shall consist of a Chairman who shall be an independent
person and an even number of members. Every member shall be either an
independent person or a person chosen by the
33
[State] Government from a
panel representing the interests of the employers or employees, provided that
the number of persons chosen from panels representing employers and the
number chosen from panels representing employees shall be equal. Such
panels shall be constituted in the manner prescribed.
(3) If any vacancy occurs in the office of the Chairman or a member of the
Board before the Board has completed its work, such vacancy shall be filled
in the manner prescribed and the proceedings shall be continued before the
Board as so reconstituted from the stage at which they were when the vacancy
occured.
Explanation.-For the purposes of this section a person shall be
deemed to be an independent person if he is unconnected with the dispute for
the settlement of which the Board is constituted and the industry directly
affected by the dispute.
8. (1) The
33
[State] Government may, by notification in the Official Gazette,
appoint, Labour Officers for any local area or areas.
(2) The
35
[State] Government may, by similar notification, appoint Assistant
Labour Officers, for any local area or areas, and may by general or special
order confer on them all or any of the powers of the Labour Officer under this
Act.
Commissioner of
Labour.
Registrar and
Assistant Registrar.
Conciliators.
Board of
Conciliation.
Labour Officers and
Assistant Labour
Officer.
Gujarat Industrial Relations Act, 1946
15 of 68
9.
36
[(1)] The
35
[State] Government shall, by notification in the Official Gazette,
constitute one or more Labour Courts having jurisdiction in such local areas
as may be specified in such notification and shall appoint persons having
37
[the qualifications specified in sub-section (2) to preside over such Courts].
38
[(2) A person shall not be qualified for appointment as the Presiding Officer
of a Labour Court unless,--
(a) he has practised as an advocate or a pleader for not less than three
years in the High Court or any court subordinate thereto, or in any
Labour Court, Industrial Court or Tribunal established in the State
under this Act or the Industrial Disputes Act, 1947 or any law
corresponding to any such Act, for the time being in force in the
State; or
(b) he has regularly appeared as a member of a trade union for not
less than seven years in proceeding before any such Labour Court,
Industrial Court or Tribunal and holds a degree in law of a University
established by law in any part of India, or
(c) he holds a degree in law of a University established by law in any
part of India and has held an office not lower in rank than that of a
Registrar of a Labour Court or an Industrial Court or of an Assistant
Commissioner of Labour under the State Government, for not less
than five years.]
10. (1) The
35
[State] Government shall constitute a Court of Industrial
Arbitration.
(2) The Industrial Court shall consist of three or more members, one of whom
shall be its President.
(3) Every member of the Industrial Court shall be a person
39
[who is not
connected with the Industrial dispute referred to such court or with any
industry directly affected by such dispute :
Provided that no person shall be deemed to be connected with the
industrial dispute or with the industry by reason only of the fact that he is a
share-holder of an incorporated company which is connected with, or likely
to be affected by such industrial dispute ; but in such a case, he shall disclose
to the State Government the nature and extent of the shares held by him in
such company].
(4) Every member of the Industrial Court shall be a person who is or has been
a judge of a High Court or is eligible for being appointed a judge of such
Court
40
[or has Presided over a Labour Court for not less than ten years]:
Provided that one member may be a person not so eligible if in the
opinion of the
35
[State] Government he possesses expert knowledge of
industrial matters:
41
[Provided further that a member, who before his appointment as
such member has presided over a Labour Court for not less than ten years
shall notwithstanding anything contaitned in section 92, be eligible for
appointment on a Bench of the Industrial Court consisting only of one
member and section 92 shall have effect accordingly].
CHAPTER III.
REGISTRATION OF UNIONS.
11. The Registrar may after making such inquiry as he deems fit, recognise for the
purposes of this Act-
(1) any concern in an industry to be an undertaking ;
Labour Courts.
XIV of 1947.
Industrial Court.
Recognition of
undertakings and
occupations.
Gujarat Industrial Relations Act, 1946
16 of 68
(2) any section of an undertaking to be an occupation.
12. It shall be the duty of the Registrar to maintain in such forms as may be
prescribed-
(a) registers of unions registred by him under the provisions of this Act, and
(b) a list of approved unions.
13. (1) Any union which has for the whole of the period of
42
[three calendar
months immediately preceding the calendar month in which it so applies]
under this section a membership of
43
[not less than twenty-five per cent] of
the total number of employees employed in any industry in any local area
may apply in the prescribed from to the Registrar for registration as a
Representative Union for such industry in such local area.
(2) If in any local area no Representative Union has been registered in respect
of an industry a Union which has for the whole of the period of
42
[three
calendar months immediately preceding the calendar month in which it so
applies] under this section a membership of not less than five percent of the
total number of employees employed in such industry in the said area may
apply in the prescribed form to the Registrar for registration as a Qualified
Union for such industry in such local area.
(3) If in any local area, neither a Representative Union nor a Qualified Union
has been registered in respect of an industry a union having a membership of
not less than fifteen percent of the total number of employees employed in
any undertaking in such industry in the said area and complying with the
conditions specified in section 23 as necessary for its being placed on the
approved list may apply in the prescribed form to the Registrar for
registration as a Primary Union for such industry in such local area.
44
[(4) Notwithstanding anything contained in this section, if a union makes a
fresh application for registration as a Representative Union, Qualified Union,
or as the case may be, Primary Union, the Registrar shall not entertain such
application unless a period of one year has elapsed since the date of disposal
by the Registrar of the previous application of that union for such
registration.]
14. On receipt of an application from a union for registration under section 13 and on
payment of the fee prescribed, the Registrar, shall, if after holding such inquiry as he
deems fit he comes to the conclusion that the conditions requisite for registration
specified in the said section are satisfied and that the union is not otherwise
disqualified for registration, enter the name of the union in the appropriate register
maintained under section 12 and issue a certificate of registration in such from as may
be prescribed:
Provided—
Firstly, that in any local area there shall not at any time be more than one
registered union in respect of the same industry :
Secondly, that in any local area the Registrar shall in respect of an industry
register a union fulfilling the conditions necessary for registration as a representative
Union in preference to one not fulfilling the said conditions and failing such a union a
union fulfilling the conditions necessary for registration as a Qualified Union in
preference to one not fulfilling such conditions :
45
[Thirdly, that-
(i) where two or more unions fulfilling the conditions necessary for
registration apply in the same calendar month for registration in respect of the
same industry, in any local area, subject to the provisions of the second
proviso, the union having the largest membership of employees employed in
the industry during the whole of the period of three calendar months
Maintenance of
registers and
approved list.
Application for
registration.
Registration of
union.
Gujarat Industrial Relations Act, 1946
17 of 68
immediately preceding that in which the applications were made shall be
registered, and any application made in any subsequent calendar months shall
not be considered by the Registrar until the applications made in the earlier
calendar month are disposed of by him;
(ii) where a union fulfilling the conditions necessary for registration makes an
application during any calendar month for registration in respect of an
industry in any local area any application in any subsequent calendar month
by any other union for registration in respect of the same industry shall not be
considered by the Registrar until the former application is disposed of by
him];
Fourthly, that the Registrar shall not register any union if he is satisfied that
the application for its registration is not made bona-fide in the interest of the
employees but is made in the interest of the employers to the prejudice of the interest
of the employees;
46
[Fifthly, that the Registrar shall not register any union if at any time, within
six months immediately preceding the date of the application for registration or
thereafter the union has instigated, aided or assisted the commencement or
continuation of a strike or stoppage which has been held or declared to be illegal;
Sixthly, that the Registrar shall not register any union, if the rules of the union
relating to its members contain any provision debarring an employee in the industry
concerned from being a member of such union on the ground that he is or is not an
employee in any particular undertaking in the said industry].
15. The Registrar shall cancel the registration of a union-
(a) if the Industrial Court directs that the registration of such union shall be
cancelled;
(b) if
47
[after giving notice to such union to show cause why its registration
should not be cancelled and] after holding such inquiry, if any, as he deems
fit, he is satisfied-
(i) that it was registered under mistake, misrepresentation or fraud; or
(ii) that the membership, of the union has for a continuous period of
three
48
[calendar months] fallen below the minimum required under
section 13 of its registration :
Provided that where a strike or a closure not being an illegal
strike or closure under this Act in an industry involving more than a
third of the employees in the industry in the area has extended to a
period exceeding fourteen days in any calendar month, such month
shall be excluded in computing the said period of three months :
Provided further that the registration of a union shall not be
cancelled under the provisions of this sub-clause unless its
membership
49
[for the calendar month in which show cause notice
under this section was issued was] less than such minimum; or
(iii) that the registered union being a Primary Union has after
registration failed to observe any of the conditions specified in section
23; or
(iv) that the registered union is not being conducted bona-fide in the
interests of employees but in the interests of employers to the
prejudice of the interests of employees; or
(v) that it has instigated, aided or assisted the commencement or
continuation • of
50
[a strike or a stoppage which has been held or
declared to be illegal];
Cancellation of
registration.
Gujarat Industrial Relations Act, 1946
18 of 68
(c) if its registration under the Indian Trade Union Act 1926, is cancelled.
16. (1) If at any time any union (hereinafter in this section referred to as
"applicant union") makes an application to the Registrar for being registered
in place of the union already registered (hereinafter in this section referred to
as "registered union") for an industry, in a local area, on the ground that it has
a larger membership of employees employed in such industry the Registrar
shall
51
[if a period of two years has elapsed since the date of registration of
the Registered union,] call upon the registered union by a notice in writing to
show cause within
52
[thirty days] of the receipt of such notice why the
applicant union should not be registered in its place. An application made
under this sub-section shall be accompanied by such fee as may be
prescribed:
53
[Provided that the Registrar shall not entertain any application for
registration of a union, unless a period of one year has elapsed since the date
of disposal of the previous application of the union].
(2) The Registrar shall forward to the Labour Officer a copy of the said
application and notice.
(3) if, on the expiry of the period of notice under sub-section (1), after
holding such inquiry as he deems fit, the Registrar, comes to the conclusion
that the applicant union complies with the conditions necessary for the
registration specified in section 13, and that its membership was during the
whole of the period of
54
[three calendar months immediately preceding the
calendar month in which it made the application] under this section larger
than the membership of the registered union, he shall subject to the provisions
of section 14 register the applicant union in place of the registered union
55
[and issue certificate of registration in such form as may be prescribed].
(4) Every application made under this section shall be published in the
prescribed manner not less than 14 days before the expiry of the period of
notice under subsection (1).
17. (1) Any union the registration of which has been cancelled on the ground that
it was registered under a mistake or on the ground specified in sub-clause (ii)
of clause (b) of section 15 may, at any time after three months from the date
of such cancellation and on payment of such fees as may be prescribed, apply
for re- registration. The provisions of sections 13 and 14 shall apply in respect
of such application.
(2) A union the registration of which has been cancelled on any other ground
shall not, save with the permission of the
56
[State] Government, be entitled to
apply for re-registration.
18. Notwithstanding anything contained in any law for the time being in force, the
cancellation of the registration of a union shall not relieve the union or any member
thereof from any penalty or liability incurred under this Act prior to such
cancellation.
19. Every registered union shall submit to the Registrar on such dates and in such
manner as may be prescribed, periodical returns of its membership.
20. (1) any party to a proceeding before the Registrar may within 30 days from
the date of an order passed by the Registrar under this Chapter, appeal against
such order to the Industrial Court:
Provided that the Industrial Court may for sufficient reason admit any
appeal made after the expiry of such period.
(2) The Industrial Court may admit an appeal under sub-section (1) if on a
perusal of the memorandum of appeal and the decision appealed against it
finds that the decision is contrary to law or otherwise erroneous.
XVI of 1926.
Registration of
another union in
place of existing
registered union.
Application for
registration.
Liability of union or
members not
relieved by
Cancellation.
Periodical returns to
be submitted to
registrar.
Appeal to Industrial
Court from order of
Registrar
57
** * *
Gujarat Industrial Relations Act, 1946
19 of 68
(3) The Industrial Court in appeal may confirm, modify or rescind any order
passed by the Registrar and may pass such consequential orders as it may
deem fit. A copy of the orders passed by the Industrial Court shall be sent to
the Registrar.
21. Every order passed under section 14, 15 or 16 and every order passed in appeal
under section 20 shall be published in the prescribed manner.
22. Subject to the foregoing provisions of this Chapter, a union may in the prescribed
manner be registered for an industry for more local areas than one.
CHAPTER IV.
APPROVED UNIONS.
23. (1) On an application being made in the prescribed form, by a union for being
entered in the approved list, the Registrar may after holding such inquiry as
he deems fit enter the union in such list if he is satisfied that the union has
made rules that the provisions of the said rules are being duly observed by the
unions, and that the rules provide, that-
(i) its membership subscription shall be not less than
58
[fifty paise]
per month;
(ii) its executive committee shall meet at intervals of not more than
three months;
(iii) all resolutions passed, whether by the executive committee or the
general body of the union, shall be recorded in a minute book kept for
the purpose ;
(iv) an auditor appointed by Government may audit its accounts at
least once in each financial year ;
59
[(v) every industrial dispute in which an agreement or settlement is
not reached shall be offered to be submitted to arbitration or for
decision to a wage Board as may be mutually agreed upon and that if
at any time an employer agrees to refer all disputes, as then existing
and to which the union is a party to arbitration of the Industrial Court
under Chapter XI, such arbitration shall not be refused by it;]
(vi) no strike shall be sanctioned or resorted to by it unless all the
methods provided by or under this Act for the settlement of an
industrial dispute have been exhausted and the majority of its
members vote by ballot in favour of such strike ;
60
[* * * * * * * *]
Provided that the Registrar shall not enter a union in the
appoved list if he is satisfied that it is not being conducted bona-fide
in the interest of its members, but to their prejudice.
Explanation.- "Member" for the purposes of clause (vi) means
a member of the union for the purpose of the Indian Trade Unions
Act, 1926.
(2) The
61
[State] Government may by notification in the Official Gazette,
direct that in the case of any union or class of unions specified in the
notification the membership subscription may, subject to a minimum of
62
[twenty-five paise] per month, be less than
63
[fifty-paise],
(3) Notwithstanding anything contained in sub-section (1) there shall not at
any time be more than one approved union in respect of any industry in a
local area :
Publication of
order.
Registration of
union for more than
one local area.
Approved list
maintenance of:
conditions for being
entered in.
XVI of 1926.
Gujarat Industrial Relations Act, 1946
20 of 68
64
[Provided that where two or more unions satisfying the conditions
necessary for being entered in the approved list under sub-section (1) apply in
the same calendar month for being so entered in respect of the same industry
in any local area, union having the largest membership of employees
employed in the industry during the calendar month immediately preceding
that in which the applications were made shall be entered in the approved list
and any applications were made in subsequent calendar months shall not be
considered by the Registrar until the applications made in the earlier calendar
months are disposed of by him :
Provided further that where a union satisfying the condition necessary
for being entered in the approved list applies in any calendar month for being
so entered in respect of an industry in any local area, any application in any
subsequent calendar month by any other union for being so entered in respect
of the same industry shall not be considered by the Registrar until the former
application is disposed of by him.]
(4) Any union complying with the conditions specified in sub-section (1) and
having a larger membership in an industry in a local area than an approved
union for such industry
65
[in that local area] shall on application in that behalf
be entered in the approved list in place of such approved union
66
[by the
Registrar after holding such inquiry as he deems fit]
67
[if he is satisfied that
the membership of the applicant union had in the calendar month in which the
application was made as also in the calendar month immediately preceding it
was respectively larger than the membership of the approved unions in those
months. The provisions of sub-section (3) shall mutatis mutandis apply to
such application]:
68
[Provided that the Registrar shall not entertain-
(a) any such application unless a period of two years has elapsed since
the approved union was entered in the approved list;
(b) any fresh application by the same union, unless a period of one
year has elapsed from the date of disposal of its previous application
by the Registrar.]
69
[23A. Notwithstanding anything contained in section 23, if there is any alteration in
the local area or areas,-
(a) an approved union in an industry in the altered local area or areas, or
(b) where two or more approved unions exist in an industry in the altered
local area or areas the union having the largest membership, whether by
agreement of the other approved union or as determined by the Registrar after
such inquiry as he deems fit,
70
[shall continue to have all the rights and privileges of an approved union in respect
of its members] for the altered local area or areas, as the case may be for a period of
twelve months from the date on which such alteration is effected, or where such
approved union or any other union in the altered local area or areas makes an
application under section 23 within such period until the disposal of such application
by the Registrar.]
24. The Registrar shall remove a union from the approved list if its registration under
the Indian Trade Unions Act, 1926, is cancelled, and may also so remove a union if
after holding such inquiry if any as he deems fit, he is satisfied that it-
(i) was entered in the list under mistake, misrepresentation or fraud, or
(ii) has, since being included in the approved list, failed to observe the
conditions specified in section 23,
71
[or]
72
[(iii) as instigated, added or assisted the commencement or continuance of a
strike or a stoppage which has been held or declared to be illegal].
Approved union to
continue to be so
for altered local
area for some time.
Removel from
approved list. XVI of 1926.
Gujarat Industrial Relations Act, 1946
21 of 68
73
[24A. (1) Any party to a proceeding before the Registrar, may, within 30 days from
the date of an order passed by the Registrar under this Chapter, appeal against
such order to the Industrial Court:
Provided that, the Industrial Court may for sufficient reason admit
any appeal made after the expiry of such period.
(2) The provisions of sub-sections (2) and (3) of section 20 shall apply
mutatis mutandis to an appeal under this section.]
25.
74
[Such officers,
75
[members of the office staff] and members of a an approved
union as may be authorised by or under rules made in this behalf by the
76
[State]
Government shall, in such manner and subject to such conditions as may be
prescribed, have a right, and shall be permitted by the employer concerned-
(a) to collect sums payable by members to the union on the premises where
wages are paid to them;
(b) to put up or cause to be put up a notice board on the premises of the
undertaking in which its members are employed and affix or cause to be
affixed notices thereon ;
(c) for the purpose of the prevention or settlement of an industrial dispute-
(i) to hold discussions of the premises on the undertaking with the
employees concerned who are the members of the union ;
(ii) to meet and discuss with an employer or any person appointed by
him for the purpose the grievances of its members employed in his
undertaking ;
(iii) to inspect, if necessary, in any undertaking any place where any
member of the union is employed;
77
[(d) to remain present during a departmental enquiry against an employee
who is a member of that union].
26. (1) An approved union entitled to appear-
(a) before a Labour Court in a proceeding for determining whether a strike,
lock out,
78
[closure, stoppage] or change is illegal, or
(b) before the industrial Court in a proceeding involving in the opinion of the
Court an important question of law or fact,
may apply to the Court for the grant of legal aid at the expense of the
79
[State]
Government.
(2) A copy of every application made under sub-section (1) shall be sent to
the Registrar with the least practicable delay.
(3) The Court to which an application is made under sub-section (1) may fix
for the hearing of the application a day of which at least three days' clear
notice shall be given to the Registrar.
(4) On the day fixed, or as soon, thereafter as may be convenient, the Court
shall examine the witnesses, if any, produced by the union and the Registrar,
and may also examine the officers of the union, and shall make a
memorandum of the substance of such evidence.
(5) The Court may after considering the evidence adduced under sub-secton
(4) either grant or refuse the application.
(6) The
79
[State] Government may in consultation with Industrial Court
prescribe the fees for legal advice to, and appear on behalf of a union before a
Court.
Appeal to Industrial
Court from order of
Registrar.
Rights of Officers
of approved union.
Legal aid to
Approved unions at
Government
expense in
important
proceedings.
Gujarat Industrial Relations Act, 1946
22 of 68
(7) For the purpose of this section, legal aid includes advice to the union and
the appearance before a Court of a legal practitioner on behalf of the union.
CHAPTER V.
REPRESENTATIVES OF EMPLOYERS AND EMPLOYEES, AND
APPEARANCE ON THEIR BEHALF.
27. (1) The
79
[State] Government may from time to time by notification in the
Official Gazette-
(a) recognise any combination of employers in an industry
80
[in any
local area] whether incorporated or not as an association of employers
for the purposes of this Act, provided that one of the objects of such
combination is the regulation of conditions of employment in the
industry
81
[in that local area];
(b) withdraw any recognition granted under clause(a):
Provided that no recognition shall be withdrawn unless an opportunity
has been given to such association of employers to be heard.
(2) In any proceeding under this Act an association of employers shall be
entitled to represent-
(a) any employer who is a member of the association;
(b) any employer connected with the same industry not being a
member of the association, who has intimated in writing to the
prescribed authority that he has agreed to be represented by the
association in such proceeding;
and any notice or intimation given by or to such association shall be deemed
to have been given by or to every employer it is entitled to represent.
(3) Where more employers than one are affected or under any of the
provisions of this Act deemed to be affected and no association of employers
is under sub section (2) entitled to represent all of them, the representative
determined in the prescribed manner shall be entitled to act as their
representative.
82
[(4) Where in any proceeding under this Act, an employer is represented by
an association of employers, a registered agreement, settlement, submission
or award to which such association is a party, shall be binding on such
employer.
(5) Where in pursuance of the provisions of sub-section (2) an association of
employers represents any employers in any proceeding under this Act, it
shall, at the earliest stage of the proceedings, furnish to the authority before
whom it is held a list containing the names of the employers whom it
represents.]
83
[27A. Save as provided in
84
[sections 32, 33 and 33A] no employee shall be allowed
to appear or act in any proceeding under this Act except through the representative of
employees.]
85
[27B. Notwithstanding anything contained in this Act, on any alteration in any local
area or areas any association of employers, recognised under sub-section (1) of
section 27 for the local area or areas immediately before such alteration, shall be
entitled to represent the employers in accordance with the provisions of sub-section
(2) of that section in the altered local area or areas, as the case may be, for a period of
twelve months from the date on which such alteration is effected.]
28. (1) Where there is no Representative Union in respect of any industry in any
local area, the employees in each undertaking in the industry and in each
occupation therein, may, in the prescribed manner, elect five persons from
Recognition of
combination of
employers as
association of
employers.
Appearance on
behalf of
employees.
Continuance of
recognition of
association of
employers for
altered local area.
Election of
representatives of
employees.
Gujarat Industrial Relations Act, 1946
23 of 68
among themselves to represent them for the purposes of this Act:
Provided that no such persons shall be elected for any occupation the
number of employees in which does not exceed ten.
(2) The persons, if any, elected under sub-section (1) shall function in such
manner as may be prescribed.
(3) Within
86
[two years] from the date on which an election under sub-section
(1) is held, and within each succeeding
86
[two years] thereafter, a fresh
election shall be held:
Provided that any person may re-elected at any such election.
29. Any act or decision of the majority of the persons elected under section 28 by any
employees shall be deemed to be the act or decisions of all the persons so elected by
them.
30.
87
[Subject to the provisions of section 33A, the following shall be entitled to
appear or act] in the order of preference specified as the representative of employees
in an industry in any local area-
(i) a Representative Union for such industry;
(ii) Qualified or Primary Union of which the majority of employees directly
affected the change concerned are members;
(iii) any Qualified or Primary Union in respect of such industry authorised in
the prescribed manner in that behalf by the employees concerned;
(iv) the Labour Officer if authorised by the employees concerned;
(v) the persons elected by the employees in accordance with provisions of
section 28 or where the proviso to sub-section (1) thereof applies, the
employees themselves;
(vi) the Labour Officer:
Provided-
Firstly, that persons entitled
88
[to appear or act] under clause (v) may
authorise any Qualified or Primary Union in respect of such industry
88
[to appear or
act] instead of them;
Secondly, that where the Labour officer is the representative of the
employees, he shall not enter into any agreement under section 44 or settlement under
section 58 unless the terms of such agreement or settlement, as the case may be, are
accepted by them in the prescribed manner;
Thirdly, where in any proceeding the person entitled
88
[ to appear or act]
under clause (v) are more than five, the prescribed number elected from amongst
them in the prescribed manner shall be entitled
88
[ to appear or act] instead.
89
[31. Notwithstanding anything contained in this Act, if there is any alteration in any
local area or areas notified for the purposes of this Act,-
(a) a registered or representative union entitled under this Act to appear or act
as a representative of employees in an industry immediately before the
alteration in the local area or areas concerned, or
(b) where more than one registered or representative union are entitled to
appear or act as representative of employees in an industry under this section
the union having the largest membership of employees employed in the
Act or decision of
majority to be
deemed to be act or
decision of all
Representative of
employees
Registered or
representative union
to continue to be so
for altered local
area for some time.
Gujarat Industrial Relations Act, 1946
24 of 68
industry, whether by agreement of the other registered or representative
unions or as determined by the Registrar after such inquiry as he thinks fit,
shall be entitled to appear or act for the altered local area or areas as the case
may be, for a period of twelve months from the date on which such alteration
is effected, or if an application under section 13 is made within such period
by such union or any other union in the altered local area or areas until the
disposal of such application by the Registrar.]
90
[32. A Conciliator, a Board, an Arbitrator, a Wage Board, a Labour Court and the
Industrial Court may, if he or it considers it expedient for the ends of justice, permit
an individual, whether an employee or not, to appear in any proceeding before him or
it:
91
[Provided that subject to the provisions of section 33A] no such individual
shall be permitted to appear in any proceeding
92
[(not being a proceeding before a
Labour Court or the Industrial Court in which the legality or propriety of an order of
dismissal, discharge, removal)], retrenchment, termination of service or suspension of
an employee is under consideration in which a Representative Union has appeared as
the representative of employees.
33. Notwithstanding anything contained in any other provision of this Act, an
employee
93
[or a representative union] shall be" entitled to appear through any
person,
(a) in all proceeding before the Industrial Court;
94
[(aa) in all proceeding before a Wage Board;]
(b) in proceedings before a Labour Court for deciding whether a strike, lock-
out,
95
[closure or stoppage] or change or an order passed by an employer
under the standing orders is illegal
96
[
97
[ * * * * *] ];
(c) in such other proceedings as the Industrial Court may, on application
made in that behalf, permit:
Provided that a legal practitioner shall not be permitted under clause
(c) to appear in any proceeding under this Act, except before a Labour Court
98
[as provided in section 83A] or the Industrial Court :
100
[
101
[Provided further that, subject to the provisions of section 33A]
no employee shall be entitled to appear through any person in any proceeding
under this Act
102
[(not being a proceeding before a Labour Court or the
Industrial Court in which the legality or propriety of an order of dismissal,
discharge, removal, retrenchment, termination of service or suspension of an
employee is under consideration)] under this Act in which a Representative
Union has appeared as the representative of employee].
103
[33A. (1) In any dispute between the employees and employees referred to
arbitration of a Labour Court or the Industrial Court under section 72, all
persons, who are parties to the dispute, shall be entitled to appear and act in
the proceedings before such Court:
Provided that, where the number of employees on either side exceeds
five, then such employees shall elect in the manner prescribed, two persons
from amongst themselves to appear and act for them.
(2) If a Representative Union desires to be heard in respect of such dispute it
may, on application made to the Court also be heard by such Court.]
CHAPTER VI.
POWERS AND DUTIES OF LABOUR OFFICERS.
34. (1) A Labour Officer shall exercise the powers conferred, and perform the
duties imposed on him by or under this Act.
Persons who may
appear in
Proceedings.
99
[Appearance for]
employees.
Persons who may
appear in
proceeding in
which there is
dispute between
employees and
employees.
Powers and duties
of Labour Officer.
Gujarat Industrial Relations Act, 1946
25 of 68
(2) For the purpose of exercising such power and performing such duties a
Labour Officer may, subject to such conditions as may be prescribed, at any
time during the working hours and outside working hours after reasonable
notice enter and inspect-
(a) any place used for the purpose of any industry ;
(b) any place used as the office of any union ;
(c) any premises provided by an employer for the residence of his
employees, and shall be entitled to call for and inspect all relevant
documents which he may deem necessary for the due discharge of his
duties and powers under this Act.
(3) All particulars contained in or information obtained from any document
inspected or called for under sub-section (2) shall, if the person in whose
possession the document was so required, be treated as confidential.
(4) A Labour Officer may, after giving reasonable notice, convene a meeting
of employees for any of the purposes of this Act, on the premises where they
are employed and may require the employer to affix a written notice of the
meeting at such conspicuous place in such premises as he may order and may
also himself affix or cause to be affixed such notice. The notice shall specify
the date, time and place of the meeting, the employees or class of employees
affected and the purpose for which the meeting is convened:
Provided that during the continuance of a look-out which is not
illegal, no meeting of employees affected thereby shall be convened on such
premises without the employer's consent.
(5) A Labour Officer shall be entitled to appear in any proceeding under this
Act,
(6) It shall be the duty of the Labour Officer to-
(a) watch the interests of employees and promote harmonious
relations between employers and employees;
(b) investigate the grievances of employees and represent to
employers such grievances and make recommendations to them in
consultation with the employees concerned for their redress;
(c) report to the
104
[State] Government the existence of any industrial
dispute of which no notice of change has been given, together with
the names of the parties thereto:
Provided that the Labour Officer shall not-
(a) appear in any proceeding in which the employees who are parties
thereto are represented by a Representative Union,
(b) where there is
105
[an approved union] for an industry in a local
area,
106
[except after consultation with such union], act under clause
(b) of sub-section (6) in respect of the employees.
CHAPTER VII.
STANDING ORDERS.
35. (1) Within six weeks from the date of the application of this Act to an
industry every employer therein shall submit for approval to the
Commissioner of Labour in the prescribed manner draft standing orders
regulating relations between him and his employees with regard to the
industrial matters mentioned in Schedule I:
Settlement of
Standing Orders by
Commissioner of
Labour.
Gujarat Industrial Relations Act, 1946
26 of 68
Provided that where an undertaking in an industry is started after the
application of this Act to such industry, the draft standing orders shall be
submitted within six months of the starting of the undertaking.
(2) On receipt of the draft standing orders the Commissioner of Labour, shall,
after consulting in the prescribed manner the representative of employees and
employers and such other interests concerned in the industry and making such
inquiry as be deems fit, settle the said standing orders.
(3) The Commissioner of Labour shall forward a copy of the standing orders
so settled to the registrar, who shall within fifteen days of their receipt record
them in the register kept for the purpose.
(4) Standing orders so settled shall come into operation from the date of their
record in the register under sub-section (3).
(5) Until standing orders in respect of an undertaking come into operation
under the provisions of sub-section (4), model standing orders, if any, notified
in the Official Gazette by the
107
[State] Government in respect of the industry
shall apply to such undertaking.
36. (1) Any person aggrieved by any standing Orders settled by the
Commissioner of Labour under sub-section (2) of section 35 may within
thirty days from the date of their coming into operation appeal to the
Industrial Court:
Provided that the Industrial Court may for sufficient cause, admit any
appeal after the expiry of the period of thirty days.
(2) On an appeal being filed, the Industrial Court may on the application of
any party to such appeal and on such conditions as it may think fit stay the
operation of all or any of such standing orders until the appeal is decided.
(3) The Industrial Court in appeal may confirm, modify, add to or rescind all
or any of such standing orders.
(4) The Industrial Court shall fix the date on which all or any of the standing
orders settled by it under sub-section (3) shall come into operation.
(5) A Copy of the orders passed by the Industrial Court under sub-section (3)
shall be sent to the Registrar who shall record them in the register referred to
in sub section (3) of section 35.
37. (1) Any person aggrieved by a decision of the Industrial Court under section
36 may within thirty days from the date of the decision apply to the Industrial
Court , for a review of the said decision.
108
[Provided that the Industrial Court may for sufficient cause admit
any such application after the expiry of the said period of thirty days.]
(2) The Industrial Court shall not grant such application unless it is satisfied
that there has been a discovery of new and important matter or evidence
which after the exercise of due diligence was not within the knowledge of the
party making the application or could not be produced by him at the time
when its decision was made, or that there has been some mistake or error
apparent on the face of the record or that there is any other sufficient reason
for granting such application.
(3) The provisions of sub-sections (2), (3), (4) and (5) of section 36 shall, so
far as may be, apply to proceedings under sub-section (1) in the same manner
as they apply to an appeal against standing orders settled by the
Commissioner of Labour under sub-section (2) of section 35.
38. (1) No alteration shall be made for a period of one year from the date of its
coming into operation in any standing order settled under any of the
foregoing provisions of this Chapter except by the Industrial Court in appeal
Appeal to Industrial
Court.
Review.
No alteration in
Standing Orders for
one year.
Gujarat Industrial Relations Act, 1946
27 of 68
or review, where such appeal or review lies.
(2) Any employer or employee may apply to the Commissioner of Labour for
a change in-
(a) any standing order settled under sub-section (2) of section 35,
which has not been appealed against, or
(b) any standing order settled in appeal under sub-section (3) of
section 36, in respect of which no application for review has been
made, or
(c) any standing order settled in review under section 37,
after the expiry of one year from the date of such standing order coming into
operation.
39. (1) On receipt of an application under sub-section (2) of section 38 the
Commissioner of Labour shall, after giving the other party an opportunity of
being heard and after consulting such other interests in the industry as in his
opinion are affected, pass such order as he deems fit, and, if the order effects
an alteration in any standing order, forward a copy of the standing order as so
altered to the Registrar who shall, within fifteen days of its receipt record it in
the register referred to in sub-section (3) of section 35. The standing order as
so altered shall come into operation from the date of its record in the register.
(2) The provisions of sections 36,37 and 38 shall, so far as may be, apply to
an order passed by the Commissioner of Labour under sub-section (1) in the
same manner as they apply to standing orders settled under sub-section (2) of
section 35.
40. (1) Standing orders in respect of an employer and his employees settled under
this Chapter and in operation, or where there are no such standing orders,
modal standing orders, if any, applicable under the provisions of sub-section
(5) of section 35 shall be determinative of the relations between the employer
and his employees in regard to all industrial matters specified in Schedule I.
(2) Notwithstanding anything contained in sub-section (1) the
109
[State],
Government may refer, or an employee
110
[or a representative union] may
apply in respect of any dispute of the nature referred to in clause (a) of
paragraph A of section 78, to a Labour Court.
41. The provisions of the Industrial Employment (Standing Orders) Act, 1946, shall
not apply to any industry to which the provisions of this Chapter are applied.
CHAPTER VIII.
CHANGES.
42. (1) Any employer intending to effect any change in respect of a industrial
matter specified in Schedule II shall give notice of such intention in the
prescribed form the representative of employees. He shall send a copy of such
notice to the Chief Conciliator, the Conciliator for the industry concerned for
the local area, the registrar, the Labour Officer and such other person as may
be prescribed. He shall also affix a copy of such notice at a conspicuous place
on the premises where the employees affected by the change are employed
for work and at such other place as may be directed by the Chief Conciliator
in any particular case.
(2) An employee desiring a change in respect of an industrial matter not
specified in Schedule I or III shall give notice in the prescribed form to the
employer through the representative of employees, who shall forward a copy
of the notice to the Chief Conciliator, the Conciliator for the industry
concerned for the local area, the Registrar, the Labour Officer and such other
person as may be prescribed.
(3) When no settlement is arrived at in any concilliation proceeding in regard
Alteration in
Standing Orders.
Standing Orders to
be determinative.
Act XX of 1946 not
to apply to certain
industries.
XX of 1946.
Notice of change.
Gujarat Industrial Relations Act, 1946
28 of 68
to any industrial dispute which has arisen in consequence of a notice relating
to any change given under sub-section (1) or sub-section (2), no fresh notice
with regard to the same change or a change similar in all material particulars
shall be given before the expiry of two months from the date of the
completion of the proceeding within the meaning of section 63. If at any time
after the expiry of the said period of two months, any employer or employee
again desires the same change or a change similar in all material particulars,
he shall give fresh notice in the manner provided in sub-section (1) or (2) as
the case may be.
(4) Any employee
111
[or a representative union] desiring a change in respect
of (i) any order passed by
112
[the] employer under standing orders, or (ii) any
industrial matter arising out of the application or interpretation of standing
orders, or (iii) an industrial matter specified in Schedule III, shall make an
application to the Labour Court:
Provided that no such application shall lie unless the employee
111
[or
a representative union] has in the prescribed manner approached
112
[the]
employer with a request for the change and no agreement has been arrived in
respect of the change within the prescribed period.
43.
113
[(1) Where an employer gives notice of a proposed change under sub-
section (1) of section 42 affecting some of the employees in an industry in a
local area, any other employer or an association of employers or the
representative of any employees engaged in the industry in the local area
may, within seven days from the date of service of such notice, intimate in
writing to such employer that other employers, or as the case may be, other
employees, engaged in the industry in the area and mentioned in such
intimation are affected by the change. The employer or employees concerned
shall affix a copy of such intimation at a conspicuous place on every premises
where the employees concerned are employed for work.
(2) Where an employee gives notice of a proposed change under sub-section
(2) of section 42 affecting one or some or the employers in an industry in a
local area the representative of employees or any employer or an association
of employers engaged in the industry in the local area may, within seven days
from the date of service of such notice, give a special notice in writing to the
employee and his employer, or as the case may be, the representative of
employees, that other employees or as the case may be. other employers,
engaged in the industry in the area and mentioned in such special notice, are
affected by the change. The employer or employees concerned shall affix a
copy of such special notice at a conspicuous place on every premises where
the employees concerned are employed for work].
(3) A copy of every intimation under sub-section (1) and special notice under
sub-section (2) shall be sent to the Commissioner of labour, the Chief
Conciliator the Conciliator for the industry concerned for the local area, the
Registrar, the Labour Officer and such other person as may be prescribed.
(4) On an intimation being given under sub-section (1) or special notice being
given under sub-section (2) and the provisions of sub-section (3) being
complied with, the employees mentioned in the intimation or employers
mentioned in the special notice, as the case may be, shall also, for the
purposes of this Act, be deemed to be affected by such change, and to have
been given notice under sub-section (1) or (2), as the case may be, of section
42.
(5) Where an employer or an employee gives a notice of a proposed change
under sub-section (1) or sub-section (2), as the case may be, of section 42,
and such change, in the opinion of the
1
[State] Government affects the
majority of employers or employees engaged in as industry or occupation in
the local area, the
114
[State] Government may by notification in the Official
Gazette declare that the whole of such industry or occupation, as the case may
be, is affected by such change and thereupon it shall be deemed to be so
affected.
Notice of change
when to he deemed
general notice.
Gujarat Industrial Relations Act, 1946
29 of 68
44. (1) If within seven days from the date of service of a notice under section 42
or an intimation or special notice under section 43, or the date of publication
of a notification under sub-section (5) of section 43 or within such further
period as may be mutualy fixed by the employers affected and the
representative of the employees affected an agreement is arrived at in regard
to the proposed change, a memorandum of such agreement signed by the
employer or employers as well as by the representative of employees shall be
forwarded in the prescribed manner to the Chief Conciliator, the Registrar
and the Labour Officer:
Provided that where the employees deemed to be affected under sub-
section (4) of section 43 are in the opinion of the
1
[State] Government the
majority of the employees in the industry, or the whole industry is deemed to
be affected under sub-section (5) thereof, the Labour Officer shall not enter
into any agreement under this sub-section.
(2) On receipt of such memorandum of agreement the Registrar shall enter
the same in a register maintained for the purpose unless on inquiry he is
satisfied that the agreement was in contravention of any of the provisions of
this Act or was the result of mistake, misrepresentation, fraud, undue
influence, coercion or threat.
(3) An appeal shall lie to the Industrial Court against an order of the Registrar
refusing to register an agreement under sub-section (2). The provisions of
section 20 shall apply to such appeal.
115
[44A. Where an agreement referred to in the proviso to sub-section (4) of section
42 is arrived at, a memorandum of such agreement may be forwarded by either party
to the Registrar by registered post. The provisions of sub-sections (2) and (3) of
section 44 shall then apply for registration of such agreement.
44B. Where a settlement is arrived at within two months from the date of the
completion of any conciliation proceedings, such settlement shall be deemed to be an
agreement for the purposes of section 44 and the provisions of the said section 44
shall apply for registration of such agreement.]
45. An agreement registered under section 44 shall come into operation on the date
specified therein or if no date is so specified on its being recorded by the Registrar.
46. (1) No employer shall make any change in any standing order settled under
Chapter VII without following the procedure prescribed thereof in this Act.
(2) No employer shall make any change in any industrial matter mentioned in
Schedule II-
116
[(ai) before giving notice of the change as required by the
provisions of subsection (1) of section 42;]
(i) within the period provided for in sub-section (1) of section 44
unless an agreement is arrived at;
117
[(ii) where no agreement is arrived at before the completion of the
conciliation proceedings and during the period of ten days thereafter];
(iii) where no settlement is arrived at, after two months from the date
of the completion of the proceeding before the Conciliator;
(iv) in case where there is a registered submission or in which the
dispute has been referred to arbitration, before the date on which the
award comes into operation;
118
[(v) in cases where such matter or a dispute regarding such matter
has been referred to a Wage Board for decision, before the date on
which the decision comes into operation.]
Agreement
regarding change.
Registration of
agreements under
section 42(4).
Certain settlements
deemed to be agree-
ments.
Agreement to come
into force.
Illegal change.
Gujarat Industrial Relations Act, 1946
30 of 68
(3) No employer shall make any such change in contravention of the terms of
a settlement,
119
[effective award, registered agreement or effective order or
decision of a Wage Board].
(4) Any change made in contravention of the provision of sub-section (1), (2)
or (3) shall be illegal.
(5) Failure to carry out the terms of any settlement, award,
120
[registered
agreement or effective order or decision of a Wage Board],
121
[a Labour
Court or the Industrial Court affecting Industrial matters] shall be deemed to
be an illegal change.
47. An employer required under the terms of any
122
[effective decision or order of a
Wage Board,] Labour Court or the Industrial Court to carry out a change or withdraw
an illegal change, shall comply with such requirement within such time as the
123
[Wage Board or] Court giving or making the decision or order prescribes and
where no time is prescribed by it within forty-eight hours of the giving or making of
the decision or the order
124
[or as the case may be, of the declaration referred to in
section 76A or 86F].
CHAPTER IX.
JOINT COMMITTEES.
48. (1) A Joint Committee may be constituted for an undertaking or occupation
with the consent of the employer and the registered union for the industry for
the local area
125
[and shall be constituted irrespective of such consent, if the
126
[State] Government on an application made to it in this behalf by the
registered union so directs]:
Provided that no Joint Committee shall be so constituted in respect of
an undertaking or occupation where there is no representative union, unless
not less than fifteen per cent, of the employees are members of a registered
union.
(2) On application made in this behalf by the employer or the Union to the
registrar, a Joint Committee shall be entered in a list of Joint Committees
maintained by him, and thereupon all the provisions of this Act shall apply to
the Joint Committee.
127
[(3) Every Joint Committee shall stand dissolved whenever the condition
specified in the proviso to sub-section (1) ceases to be complied with; and a
Joint Committee constituted with the consent of the employer and the
registered union shall also stand dissolved on the expiry of the period of a
three months’ notice in that behalf being given by the employer to the union,
or by the union to the employer.]
49. (1) A Joint Committee shall consist of such number of members as may be
prescribed; half the number shall in the prescribed manner be nominated by
the union
128
[from among employees in the undertaking or occupation
concerned], and the other half appointed by the employer concerned.-
129
[Where the Joint Committee is to be constituted in pursuance of a
direction of the
126
[State] Government on an application made by the
registered union, the union and the employer shall nominate and appoint the
members within such period as the
126
[State] Government may by order
specify. A copy of such order shall, as soon as may be, be given to the union
and the employer in the manner prescribed.]
(2) A Chairman shall be appointed in accordance with rules made in this
behalf. He shall perform his duties in the prescribed manner.
50. (1) A representative of the registered union may attend any meeting of the
Joint Committee, to advise the members representing the employees,
(2) The proceeding of the Joint Committee shall be conducted the manner
prescribed.
Employer to make
change etc., within
certain time.
Constitution of
Joint Committees.
Composition of
Joint Committee.
Proceedings of
Joint Committee.
Gujarat Industrial Relations Act, 1946
31 of 68
(3) The proceedings shall be recorded in a minute book
130
[in a language
understood by majority of the employees.].
51. (1) Any member of a Joint Committee may move a proposal regarding any
change other than a change in any standing order or regarding any other
matter affecting the relations between the employer and the employees in the
undertaking or occupation, as the case may be, for which the Committee is
constituted :
Provided that no such proposal shall be moved for a change in respect
of any industrial matter if such change could not for the time being be made
under this Act.
(2) The decision of the Joint Committee regarding every change proposed
under the provisions of sub-section (1) together with all necessary particulars
regarding such change shall within forty-eight hours be communicated to the
registered union and the employees as well as the Labour Officer and the
Commissioner of Labour.
52. (1) Where an agreement is arrived at between the employer and the union
regarding any change proposed in the Joint Committee under sub-section (1)
of section 51, a memorandum of such agreement signed by them shall be
forwarded by the employer in the prescribed manner to the Registrar and the
Labour Officer and all the provisions, of this Act shall apply to such
agreement as they would apply in respect of an agreement under sub-section
(1) of section 44.
(2) If within seven days from the receipt of a decision under sub-section (2)
of section 51, the employer or the union sends an intimation (hereinafter
called special intimation) in the prescribed form to the Conciliator for the
industry for the local area stating that the change proposed in the Joint
Committee, being a change in respect of a matter not specified in Schedule I
or III, or such change with specified alterations, should be made, and that no
agreement in respect thereof has been arrived at between the union and the
employer, the Conciliator shall forthwith enter the case as an industrial
dispute in the register kept under section 55, and the provisions of this Act,
shall apply to it as if a statement were submitted under section 54.
(3) If within seven days from the receipt of a decision under sub-section (2)
of section 51 regarding a matter specified in clause (a) of paragraph A of sub-
section (1) of section 78 the employer or union sends a special application in
respect of such matter to the Labour Court having jurisdiction, the Labour
Court shall forthwith proceed to decide the dispute under the provisions of
Chapter XII.
(4) A copy of every special intimation sent under sub-section (2) shall be
forwarded to the Chief Conciliator, the Conciliator for the industry for the
local area concerned, the Registrar, the Labour Officer and such other person
as may be prescribed.
53. (1) The union may authorise such proportion (hereinafter called the
authorised proportion), not being less than three-fourths of the member
representing the employees on the joint Committee, to accept or reject on its
behalf any proposal or class of proposals moved in the Committee.
(2) The employer may authorise a proportion of the members representing
him on the Committee to accept or reject on his behalf any proposal or class
of proposals moved in the Committee.
(3) For a period of two months after a decision of the Committee, no notice of
change under section 42, or special intimation or application under section 52
shall be given or made-
(a) where the union acts under sub-section (1), by the employees
Proposal for
change.
Special intimation
for change and
special application
to Labour Court.
Decision of
respective
representatives
binding on union
and employer.
Gujarat Industrial Relations Act, 1946
32 of 68
concerned or the union, contrary to the decision of the authorised
proportion accepting a proposal in respect of which it is authorised ;
and
(b) where the employer acts under sub-section (2), by the employer,
contrary to the decision of the authorised proportion of his
representatives.
(4) The union whenever it acts under sub-section (1), and the employer
whenever he acts under sub-section (2), shall communicate the fact to the
Chief Conciliator, the Conciliator for the industry for the local area concerned
and the Registrar.
131
[CHAPTER IXA.
JOINT MANAGEMENT COUNCILS.
53A. (1) If in respect of any industry, the State Government is of opinion that it is
desirable in public interest to take action under this section, it may, in the case
of all undertakings or any class of undertakings in such industry, in which
five hundred or more employees are employed or have been employed on any
day in the proceeding twelve months, by general or special order, require the
employer to constitute in the prescribed manner and within the prescribed
time limit a Joint Management Council, consisting of such number of
members as may be prescribed, comprised of representatives of employers
and employees engaged in the undertaking, so however, that the number of
representatives of employees on the Council shall not be less than the number
of representatives of the employers. Notwithstanding anything contained in
this Act, the representative of the employees -on the Council shall be elected
in the prescribed manner by the employees engaged in the undertaking from
amongst themselves :
Provided that a list of industries in respect of which no order is issued
under this sub-section shall be laid by the State Government before the State
Legislature within thirty days from the commencement of its first Session of
each year.
(2) One of the members of the Council shall be appointed as Chairman in
accordance with rules made in this behalf.
53B. (1) The council shall be charged with the general duty to promote and assist
in the management of the undertaking in a more efficient, orderly and
economical manner, and for that purpose and without prejudice to the
generality of the foregoing provision, it shall be the duty of the Council-
(a) to promote cordial relations between the employer and employees;
(b) to build up understanding and trust between them;
(c) to promote measures which lead to substantial increase in
productivity;
(d) to secure better administration of welfare measures and adequate
safety measures;
(e) to train the employees in understanding the responsibilities of
management of the undertaking and in sharing such responsibilities to
the extent considered feasible; and
(f) to do such other things as may be prescribed.
(2) The Council shall be consulted by the employer on all matters relating to
the management of the undertaking specified in sub-section (1) and it shall be
the duty of the Council to advice the employer on any matter so referred to it.
(3) The Council shall be entrusted by the employer with such administrative
Constitution of
Joint Management
Councils.
Function of
Council.
Gujarat Industrial Relations Act, 1946
33 of 68
functions, appearing to be connected with, or relevant to, the discharge by the
Council of its duties under this section, as may be prescribed.
(4) It shall be the duty of the employer to furnish to the Council necessary
information relating to such matters as may be prescribed for the purpose of
enabling it to discharge its duties under this Act.
(5) The Council shall follow such procedure in the discharge of its duties as
may be prescribed.]
CHAPTER X.
CONCILIATION PROCEEDINGS.
54. (1) If any proposed change in respect of which notice is given under section
42, or an intimation or special notice is given under section 43 is objected to
by the employer or the employee, as the case may be, the party who gave
such notice, intimation or special notice shall, if he still desires that the
change should be effected, forward to the Registrar, the Chief Conciliator and
the Conciliator for the local area for the industry concerned a full statement of
the case in the prescribed form within fifteen days from the date of service of
such notice, intimation or special notice on the other party or within one week
of the expiry of the period fixed by both parties under sub-section (1) of
section 44 for arriving at an agreement.
Explanation.-For the purposes of this sub-section a change shall be
deemed to be objected to by the employer or employee, as the case may be, if
within seven days from the date of service of such notice, intimation or
special notice or within the period fixed by both the parties under sub-section
(1) of section 44 for arriving at an agreement a memorandum of agreement
has not been forwarded to the Registrar under the said sub-section.
(2) When a notification is issued under sub-section (5) of section 43 in respect
of such change, any employer or employee in the industry may within seven
days from the date of publication of such notification forward such statement
to the said officers.
55. On receipt of the statement of the case under section 54 the Conciliator shall,
except in a case in which by reason of the provisions of section 64 a conciliation
proceeding cannot be commenced,
132
[within a week] enter the industrial dispute in
the register kept for the purpose and thereupon the conciliation proceeding shall be
deemed to have commenced from
133
[the date of such entry in the register, which date
shall be communicated by him to the parties concerned].
56. (1) The Conciliator shall hold the conciliation proceeding in the prescribed
manner.
(2) It shall be the duty of the Conciliator to endeavour to bring about the
settlement of the industrial dispute and for this purpose the Conciliator shall
enquire into the dispute and all matters affecting the merits thereof and may
do all such things as he thinks fit for the purpose of inducing the parties to
come to a fair and amicable settlement of the dispute and may adjourn the
conciliation proceeding for any period sufficient in his opinion to allow the
parties to arrive at a settlement or for any other reason.
57. (1) It shall be lawful for the Chief Conciliator to intervene or to direct any
Conciliator to intervene at any stage in any conciliation proceeding held by
another conciliator, and thereafter the Chief Conciliator or the Conciliator so
directed shall hold the conciliation proceeding with or without the assistance
of the Conciliator.
(2) The Chief Conciliator may from time to time issue such directions as he
deems fit to any Conciliator at any stage of a conciliation proceeding.
58. (1) If a settlement of an industrial dispute is arrived at in a conciliation
proceeding, a memorandum of such settlement shall be drawn up in the
Report of dispute to
be sent to Registrar,
Chief Conciliator
and Conciliator.
Commencement of
conciliation
proceeding.
Conciliation
proceeding.
Power of Chief
Conciliator to
intervene.
Settlement and
report.
Gujarat Industrial Relations Act, 1946
34 of 68
prescribed form by the Conciliator and singed by the employer and the
representatives of employees. The Conciliator shall send a report of the
proceeding along with a copy of the memorandum of settlement to the
Registrar and the Chief Conciliator. The Registrar shall record such
settlement in the register of agreements and shall then publish it in the
prescribed manner. The change, if any, agreed to by such settlement shall
come into operation from the date agreed upon in such settlement and where
no such date is agreed upon from the date on which it is recorded in the
register.
(2) If no such settlement is arrived at, the Conciliator shall, as soon as
possible after the close of the proceeding before him, send, a full report to the
Chief Conciliator stating the steps taken by him for ascertaining the facts and
circumstances relating to the dispute and the reasons on account of which, in
his opinion, settlement could not be arrived at:
Provided that where such Conciliator is the Chief Conciliator such
report shall be forwarded by him to the
134
[State] Government.
(3) The Chief Conciliator shall forward the report submitted to him under sub
section (2) to the
134
[State] Government with such remarks as he deems fit.
(4) The
134
[State] Government shall publish the report of the Conciliator or
Chief Conciliator forwarded to it under the proviso to sub-section (2) or under
sub-section (3) except in cases in which the dispute is referred to a Board, or
the parties to the dispute enter into a submission in respect of it.
135
[(4A) Notwithstanding anything contained in this section where an
industrial dispute is settled in regard to some of the industrial matters
included therein and has not been settled in regard to others and the parties
agree in writing that the settlement shall take place in regard to the industrial
matters so settled, the settlement of the said Industrial matter shall be
registered and a report of the industrial matters not settled shall be sent in
accordance with the provisions of this section.]
(5) Before the close of the proceeding before him the Conciliator shall
ascertain from the parties whether they are willing to submit the dispute to
arbitration.
(6) (a) Notwithstanding anything contained in the foregoing sub-sections,
if at any stage of a conciliation proceeding the parties agree in writing
to submit the dispute to arbitration, the agreement shall be deemed to
be a submission within the meaning of section 66.
(b) Where the agreement provides for arbitration either by a Labour
Court or by the Industrial Court the Conciliator shall forthwith refer
the dispute to the Labour Court or the Industrial Court, as the case
may be.
59. (1) The
136
[State] Government may at any time, and where either prior to the
commencement of a proceeding before the Conciliator or after his failure to
bring about a settlement, the parties agree, shall refer the dispute to a Board
and thereupon conciliation proceedings before the Board shall be deemed to
have commenced from the date of such reference.
(2) On such reference being made, the Board shall give notice in the
prescribed manner to the parties to the dispute to appear before it at such time
and place as may be specified in the notice. A Copy of such notice shall be
sent to the Labour Officer.
(3) On the date specified in the notice or on such other date as may be fixed
by the Board, the Board shall hold the conciliation proceeding. It shall be the
duty of the Board to endeavour to bring about settlement of the industrial
dispute and the provisions of sections 55, 56 and 58 shall, so far as may be,
apply to the proceeding before the Board.
Reference to Board.
Gujarat Industrial Relations Act, 1946
35 of 68
60. (1) A Conciliator or a Board, as the case may be, shall subject to the
provisions of this Act, follow in a conciliation proceeding such procedure as
may be prescribed.
(2) The proceedings before a Conciliator shall be held in camera and any
proceedings before a Board may be held in public or in camera as the Board
may decide.
(3) If a party to an industrial dispute or a witness or any other person giving
any information or producing any document in a conciliation proceeding
makes a request in writing to the Conciliator or the Board, as the case may be,
that such information or the contents of such document be treated as
confidential, the Conciliator or the Board shall direct that such information or
document be treated as Confidential:
Provided that the Conciliator or Board may permit the information or
the contents of the document to be disclosed to the other party.
(4) Save as provided in sub-section (3), a Conciliator or any member of a
Board or any person present at or concerned in the conciliation proceeding
shall not disclose any information or the contents of any document in respect
of which a request has been made under sub-section (3) without the consent
in writing of the party making the request under the said sub-section.
(5) Nothing in this section shall apply to the disclosure of any information or
the contents of any document for the purpose of a prosecution under this Act
or under any other law for the time being in force.
61. A Conciliator or a Board may refer any question of law arising before him or it in
any conciliation proceeding, to the Industrial Court for decision. Any order passed by
the Conciliator or the Board in such proceeding shall be in accordance with such
decision.
62. (1) The
137
[State] Government shall by general or special order notified in the
Official Gazette fix a time limit for the completion of each stage of the
conciliation proceedings provided for under this Chapter :
Provided that total period fixed for the completion of all stages of
conciliation proceeding shall not exceed one month from the date on which
the dispute is entered by the Conciliator in the register under section 55 or is
referred to a Board under section 59:
Provided further that the
137
[State] Government may extend the said
period of one month by a further period of a fortnight at a time but not
exceeding in any case two months in the aggregate.
(2) Notwithstanding anything contained in sub-section (1), the parties to any
industrial dispute may in any case agree to extend the period fixed for the
completion of any stage of a conciliation proceeding by any further period
and such further period shall be excluded in computing the period of time
limit referred to in the said subsection:
138
[Provided that the total period fixed for the completion of
conciliation proceeding including the period of extension mutually agreed to
by the parties shall not exceed one year:
Provided further that the State Government may extend the said
period of one year by a further period of a month at a time but not exceeding
in any case two months in the aggregate.]
139
[(3) Where a Conciliator or a Board refers under section 61 a question of
law to the Industrial Court for its decision, the period commencing from the
date of such reference to the date of communication of the decision of the
Industrial Court to the Conciliator or the Board, as the case may be, shall be
Procedure and
powers of Concilia-
tor and Board.
Reference to
Industrial Court by
Conciliator or
Board.
Time limit for
stages of
conciliation
proceeding.
Gujarat Industrial Relations Act, 1946
36 of 68
excluded in computing the time limit referred to in sub-section (1)].
63. A conciliation proceeding shall be deemed to have been completed—
(i) when a memorandum of the settlement arrived at in such proceeding is
signed by the parties under sub-section (1) of section 58, or
(ii) when the parties agree in writing to submit the dispute to arbitration, or
(iii) if no settlement is arrived at, when the report of the Conciliator or the
Board is published by the
137
[State] Government, or
(iv) when the time-limit fixed for the completion of such proceeding under
section 62 has expired.
140
[Explanation.-- When an industrial dispute is settlement in regard
to some of the industrial matters included therein, the conciliation proceeding
in regard to those matters only shall be deemed to have been completed
within the meaning of this section.]
64. No conciliation proceeding in respect of an industrial dispute shall-
(a) be commenced if-
(i) the representative of employees directly affected by the dispute is a
registered union which is a party to a submission relating to such
dispute or a dispute relating to an industrial matter similar to that
regarding which the dispute has arisen ;
(ii) it has been referred to arbitration under the provisions of section
72
141
[or 73]
142
[or referred for decision under section 86C];
(iii) by reason of a direction issued under sub-section (2) of section
114
143
[or by reason of any of the other provisions of this Act] the
employers and employees concerned are in respect of the dispute
bound by a registered agreement, settlement, submission or award;
(b) be continued after the date on which-
(i) a submission relating to such dispute is entered into by the
employer and employees concerned under section 58 or 66;
(ii) the dispute is referred to arbitration under section 72,
144
[73 or 73
A]
145
[or referred for decision under section 86C or 86CC]; or
(iii) the direction referred to in sub-clause (iii) of clause (a) is issued.
65. A conciliation proceeding which is discontinued under clause (b) of section 64
shall be deemed to have been completed on the date referred to in the said clause, and
the provisions of section 58 with regard to the submission, forwarding and
publication of reports shall apply to such conciliation proceeding.
CHAPTER XI
ARBITRATION.
66. (1) Any employer and a Representative Union or any other registered union
which is a representative of employees may, by a written agreement, agree to
submit any present or future industrial dispute or class of such disputes to the
arbitration of any person whether such arbitrator is named in such agreement
or not. Such agreement shall be called a submission.
(2) Such submission may provide that the dispute shall be referred to the
arbitration of a Labour Court or the Industrial Court:
146
[Provided that no such submission shall provide for reference of
Completion of
conciliation
proceeding.
Conciliation
proceedings not to
be commenced or
continued in certain
ceases.
Conciliation
proceedings
discontinued
deemed to be
completed.
Submission.
Gujarat Industrial Relations Act, 1946
37 of 68
any such dispute to the arbitration of the Industrial Court when under any
provision of this Act it is required to be referred to the Labour Court for its
decision.]
(3) A copy of every such submission shall be sent to the Registrar who shall
register it in the register to be maintained for the purpose and shall publish it
in such manner as may be prescribed.
67. Every submission shall in the absence of any provision to the contrary contained
therein be irrevocable :
Provided that a submission to refer future disputes to arbitration may at any
time be revoked by any of the parties to such submission by giving the other party six
months' notice in writing :
Provided further that before the expiry of the said period of six months the
parties may agree to continue the submission for such further period as may be agreed
upon between them.
147
[68. Nothing in the Arbitration Act, 1940 shall apply to arbitrations under this
Chapter.]
69. The arbitrator may refer any question of law arising before him in any proceeding
under this Act to the industrial Court for its decision. Any award made by the
arbitrator shall be in accordance with such decision.
70. The arbitrator shall after hearing the parties concerned, make an award of which
shall be signed by him.
71. Notwithstanding anything contained in this Chapter, if no provision has been
made in any submission for the appointment of an arbitrator or where by reason of
any circumstance no arbitrator is appointed, such dispute shall be referred to the
arbitration of a Labour Court or the Industrial Court, as the
148
[State] Government
may determine.
72. (1) Notwithstanding anything hereinbefore contained the
148
[State]
Government may, at any time on the report of the Labour Officer or on its
own motion, refer any industrial dispute between employees and employees
to the arbitration of a Labour Court or the Industrial Court.
(2) The provisions of this Chapter with such modifications as may be
prescribed shall apply to such arbitration.
(3) The employers of such employees shall in the prescribed manner be made
parties to such arbitration.
73. Notwithstanding anything contained in this Act, the
149
[State] Government may,
at any time, refer an industrial dispute to the arbitration of the Industrial Court, if on a
report made by the Labour Officer or otherwise it is satisfied that—
(1) by reason of the continuance of the dispute—
(a) a serious outbreak of disorder or a breach of the public peace is
likely to occur; or
(b) serious or prolonged hardship to a large section of the community
is likely to be caused; or
(c) the industry concerned is likely to be seriously affected or the
prospects and scope for employment therein curtailed; or
(2) the dispute is not likely to be settled by other means; or
(3) it is necessary in the public interest to do so.
Submission when
revocable.
Non-application of
Arbitration Act,
1940. X of 1940.
Special case to be
stated to Industrial
Court.
Award by
arbitrator.
Dispute to be
referred to Labour
Court and Industrial
Court if no
arbitrator
appointed.
Disputes between
employees and
employees may be
referred by
148
[State] Govern-
ment to arbitration
of Labour Court or
Industrial Court.
149
[State]
Government may
refer Industrial
dispute to Industrial
Court for
arbitration.
Gujarat Industrial Relations Act, 1946
38 of 68
150
[73AA. Where an industrial dispute concerning any undertaking in an industry or
section thereof has been or is to be referred to a Labour Court or Industrial Court
under section 72 or 73, and the State Government is of opinion, whether on
application made to it in this behalf or otherwise, that the dispute is of such a nature
that any other undertaking, group or class of undertakings of a similar nature in that
industry or any section thereof is likely to be interested in or affected by such dispute,
the state Government may, at the time of making such reference or at any time
thereafter, but before the submission of the award, include in that reference such
undertaking, group or class of undertaking or any section thereof, whether or not at
the time of such inclusion any dispute exists or is apprehended in that establishment,
group or class of undertakings or section thereof.]
151
[73A. Notwithstanding anything contained in this Act, a registered union which is
a representative of employees and which is also an approved union may refer any
industrial dispute for arbitration to the Industrial Court:
Provided that no such dispute shall be referred to the Industrial Court,—
(i) after two months from the date of the completion of the proceedings before
the Conciliator;
(ii) where the employer has offered in writing before the Conciliator to
submit the dispute to arbitration under this Act, and the union has not agreed
to do so;
(iii) unless the dispute is first submitted to the Conciliator and the conciliation
proceedings are completed or the Conciliator certifies that the dispute is not
capable of being settled by conciliation:
Provided further that no such dispute shall be referred to the Industrial
Court where under any provision of this Act it is required to be referred to the
Labour Court for its decision.]
74. (1) The arbitrator, Labour Court or Industrial Court, as the case may be, shall
forward copies of the award made by him or it to the parties, the
Commissioner of Labour and the Registrar.
(2) On receipt of such award, the Registrar shall enter it in the register kept
for the purpose and shall publish it in such manner as may be prescribed.
75.
152
[Except as provided in section 118B, the award shall] come into operation on
the date specified in the award or where no such date is specified therein on the date
on which it is published under section 74.
76. The arbitration proceeding shall be deemed to have been completed when the
award is published under section 74.
153
[76A. (1) Notwithstanding anything contained in sections 74 to 76 (both
inclusive) where the award affects an industry conducted or carried on by a
department of the
154
[State] Government, the award shall not be effective
except in accordance with the procedure set out in sub-sections (2) and (3).
(2) The arbitrator, Labour Court or Industrial Court, shall, as soon as
practicable, on the conclusion of its proceedings, submit its award to the
154
[State] Government, and the
154
[State] Government shall, by order in
writing, declare the
155
[award] to be binding:
Provided that where in the opinion of the
154
[State] Government it
would be inexpedient on public grounds to give effect to the whole or any
part of the award the
3
[State] Government, shall on the first available
opportunity, lay the
155
[award] together with the statement of its reasons for
not making a declaration as aforesaid before the Legislative assembly of the
154
[State] and shall, as soon as may be, cause to be moved therein a resolution
for the considerations of the
155
[award]; and the Legislative Asembly may by
its resolution confirm, modify or reject the award.
Power of State
Government to
include other under-
takings in
references to
Labour or Industrial
Court.
Reference to
arbitration by
unions.
Notice of award to
parties.
Date on which
awards shall come
into operation.
Completion of
arbitration
proceeding.
Procedure to give
effect to awards
affecting
154
[State]
Government.
Gujarat Industrial Relations Act, 1946
39 of 68
(3) On the passing of a resolution under the proviso to sub-section (2) unless
the award is rejected thereby, the
154
[State] Government shall, by order in
writing declare the award as confirmed or modified by the resolution, as the
case may be, to be binding.]
CHAPTER XII.
LABOUR COURTS.
77. The territorial jurisdiction of Labour Courts shall extend to the local areas for
which they are constituted.
78. (1) Labour Court shall have power to-
A. decide-
(a) dispute regarding-
156
[(i) the propriety or legality of an order passed by an
employer acting or purporting to act under the standing orders
; ]
(ii) the application and interpretation of standing orders ;
(iii) any change made by an employer or desired by an
employee in respect of an industrial matter specified in
Schedule III and matters arising out of such change ;
(b) industrial disputes-
(i) referred to it under section 71 or 72;
(ii) in respect of which it is appointed as the arbitrator by a
submission;
(c) whether a strike, lock-out,
157
[closure, stoppage] or any change is
illegal under this Act;
B. try offences punishable under this Act and where the payment of
compansation on conviction for an offence is provided for, determine the
compensation and order its payment;
C. require any emplyer to—
(a) withdraw any change which is held by it to be illegal, or
(b) carry out any change provided such change is a matter in issue in
any proceeding before it under this Act.
(2) Every offence punishable under this Act shall be tried by the Labour
Court within the local limits of whose jurisdiction it was committed.
Explanation.--A dispute faling under clause (a) of paragraph A of sub-
section (7) shall be deemed to have arisen if within the period prescribed
under the proviso to sub-section (4) of section 42, no agreement is arrived at
in respect of an order, matter or change referred to in the said proviso.
79. (1) Proceedings before a Labour Court in respect of disputes falling under
clause (a) of paragraph A of sub-section (7) of section 78 shall be commenced
on an application made by any of the parties to the dispute, a special
application under subsection (3) of section 52 or an application by the Labour
Officer
158
[or a representative union] and proceeding in respect of a matter
falling under clause (c) of the said paragraph A on an application made by
any employer or employee directly affected or the Labour Court
158
[or a
representative Union].
Territorial
jurisdiction.
Powers of Labour
Court.
Commencement of
proceedings.
Gujarat Industrial Relations Act, 1946
40 of 68
(2) Every application under sub-section (1) shall be made in the prescribed
from and manner.
(3) An application in respect of a dispute falling under clause (a) of paragraph
A of sub-section (1) of section 78 shall be made,—
(a) If it is a dispute falling under sub-clause (i) or (ii) of the said
clause, within three months of the arising of the dispute;
(b) If it is a dispute falling under sub-clause (iii) of the said clause,
within three months of the employee concerned having last
approached the employer under the proviso to sub-section (4) of
section 42.
(4) An application in respect of a matter falling under clause (c) of pararaph
A of sub-section 78 shall be made within
159
[six months] of the
commencement of the strike,
160
[lock-out, clouser or stoppage] or of the
making of the illegal change, as the case may be :
161
[Provided that the Labour Court may, for sufficient reasons, admit
any application for a declaration that a change is illegal under this act, after
the expiry of
159
[six months] from the date on which change was made :
Provided further that when an application is admitted after the expiry
of
2
[six months] under the preceding proviso the employer who made the
change shall not be liable to the penalty provided under section 100.]
162
[80. On recipt of an application under section 79 the Labour Court shall issue a
notice to all parties affected by the dispute in the manner provided by rules under
section 85. Subject to the provisions of Chapter V, the Labour Court may permit the
parties so affected to appear in the manner provided by the provisions of sections 80A
to 80C. The Labour Court shall then hold an inquiry.
80A. (1) Where an application is filed, under section 79 by an employer or the
Labour Officer for the decision of the Labour Court, and the employees
affected are numerous persons having the same interest, the Court may permit
one or more of such employees to appear and to defend the application on
behalf of all the employees so interested.
(2) In such case the Labour Court shall also direct notice of the filing of the
application to be given to all such employees at the applicant's expense either
by personal service or where from the number of employees or any other
cause such service is not reasonably practicable, by public advertisement and
by causing the notice with its translation in a regional language to be affixed
by the applicant at the entrance through which the majority of the employees
enter the premises for their work. The person affixing the notice and
publishing the advertisement shall file an affidavit in the Court of his having
done so.
80B. Any employee, who is not permitted to appear under section 80A but on whose
behalf the application is defended may apply to the Court to make him a party to such
application. The Court may grant such application, if it is satisfied that the interest of
the employee will be severally and materially affected to his prejudice if he is not
joined as a party to the application.
80C. (1) Where there are numerous employees having the same interest, one or
more of such employees, or the Labour Officer, may, with the permission of
the Court, file an application under section 79. Such application may be made
on behalf of and for the benefit of all the employees. The court shall, in such
cases direct the notice of the filing of the application to be given to such
employees at the applicant's expense, either by personal service or where
from the number of employees or any other cause, such service is not
practicable, by public advertisement. The person publishing the advertisement
shall file an affidavit in the Court of his having done so.
Labour Court to
give notice to
parties affected and
permit appearance
of parties.
Procedure to be
followed in an
application under
section 79 by an
employer when em-
ployees affected are
numerous.
When an employee,
who is not
permitted to appear
may be allowed to
join as party.
Procedure to be fol-
lowed in an
application under
section 79 by
employees when
employees affected
are numerous.
Gujarat Industrial Relations Act, 1946
41 of 68
(2) An employee on whose behalf an application is filed under sub-section (1)
may apply to the Court to make him a party to such application. The Court
may grant such application if it is satisfied that his interest will be severally
and materially affected to his prejudice if he is not joined as a party to the
application.
80D. In an inquiry under sections 80 and 80A to 80C, the Judge presiding over the
Labour Court shall himself, as such inquiry proceeds, record a minute of the
proceedings in his own hand, embracing the material averments made by the parties
affected and the material parts of the evidence. The decision shall be signed by him
and shall set forth the grounds on which is based.]
81. A Labour Court may refer any question of law arising in any proceeding before it
to the Industrial Court for decision. Any order passed by the Labour Court in such
proceeding shall be in accordance with such decision.
82. No Labour Court shall take cognizance of any offence except on a complaint
163
[of facts constituting such offence made by the person affected thereby]
164
[or by a
representative union which is also an approved union,] or on a report in writing by
the Labour Officer.
83.In respect of offences punishable under this Act, a Labour Court shall have all the
powers under the Code of Criminal Procedure. 1898,
165
[of a Magistrate of First
Class], and in the trial of every such offence shall follow the procedure laid down in
Chapter XXII of the said Code for a summary trial in which an appeal lies; and the
rest of the provisions of the said Code shall, so far as may be, apply to such trial.
166
[83A. Except in a proceeding in connection with an offence under this Act, a legal
practitioner shall not be entitled to appear before a Labour Court on behalf of any
party in any other proceeding under this Act, save with the permission of such Court.]
84. (1) Notwithstanding anything contained in section 83 an appeal shall lie to the
Industrial Court—
(a) against a decision of a Labour Court in respect of a matter falling
under clauses (a) or (c) of paragraph A of sub-section (1) of section
78 except to the extent to which it determines whether a strike,
167
[lock-out, closure or stoppage] was illegal or not, or a decision of
such Court under paragraph C of sub-section (1) of the said section;
(b) against a conviction by a Labour Court by the person convicted;
(c) against an acquittal by a Labour Court in its special jurisdiction,
by the
168
[State] Government;
(d) for enhancement of a sentence awarded by a Labour Court in its
special jurisdiction by the
168
[State] Government.
(2) Every appeal shall be made within thirty days from the date of the
decision, conviction, acquittal or sentence, as the case may be :
Provided that the industrial Court may for sufficient reasons allow an
appeal
85.
169
[(1)] The industrial Court shall have superintendence over all Labour
Courts and may—
(a) call for returns;
(b) make and issue general rules and prescribe forms for regulating
the practice and procedure of such Courts in matters not expressly
provided for by this Act and, in particular, for securing the
expeditious disposal of cases;
(c) prescribe forms in which books, entries and accounts shall be kept
by the officers of any such Courts;
Judge of Labour
Court to record
minutes of proceed-
ings, etc.
Reference to
Industrial Court by
Labour Court.
Cognizance of
offence.
Powers and
procedure of
Labour Court in
trials.
Legal practitioners
excluded from
appearance in
certain proceedings
in Labour Courts.
V of 1898.
Appeals.
Industrial Court to
exercise superinten-
dence over Labour
Courts.
Gujarat Industrial Relations Act, 1946
42 of 68
(d) settle a table of fees payable for process issued by a Labour Court
or the Industrial Court.
169
[(2) The Industrial Court may, by order in writing and for reasons to be
stated therein withdraw any proceeding under this Act pending before a
Labour Court and transfer it for disposal to another Labour Court which may,
subject to any special directions in the order of transfer, proceed in the matter
either de novo or from the stage at which it is so transferred.]
86. Except as otherwise provided by this Act, no decision, award or order of a Labour
Court shall be called in question in any proceeding in any Civil or Criminal Court.
170
[86A. (1) A Labour Court shall have the power to direct by whom the whole
or any part of the costs of any proceeding before it shall be paid :
Provided that, no such costs shall be directed to be paid for the
services of any legal adviser engaged by any party.
(2) The provisions of section 93 shall apply to an order under this section in
the same manner as they apply to an order of the Industrial Court.]
171
[CHAPTER XIIA.
WAGE BOARDS.
172
[86AA.] The
173
[State] Government may, by notification in the Official Gazette
constitute for one or more industries a Wage Board for the
174
[State of Gujarat].
86B. The Wage Board shall consist of an equal number of persons nominated by the
173
[State] Government to represent employers and employees and such number of
independent persons as the
173
[State] Government nominates. The Chairman shall be
appointed by the
173
[State] Government.
Explanation.—For the purposes of this section a person shall be deemed to be
an independent person if he is unconnected with the industrial matter which may be
referred to it under section 86C
175
[or 86CC] and the industry directly affected by the
industrial matter.
86C. (1) Notwithstanding anything contained in any other provision of this Act, the
176
[State] Government may, by an order notified in the Official Gazette refer
to a Wage Board for decision any industrial matter or industrial dispute
regarding items numbered 1, 2, 4, 9 and 10 in Schedule II, and such other
industrial matters or disputes as may be prescribed.
(2) The order of reference under sub-section (1) shall specify, which
employers and employees (including representative of employees, if any, and
association of employers, if any) shall be parties to the proceedings before the
Wage Board.
177
[86CC. Notwithstanding anything contained in any other provision of this Act, a
registered union which is a representative of employees and which is also an
approved union may refer any industrial dispute of the nature, mentioned in sub-
section (1) of section 86C other than a dispute in respect of bonus, to a Wage Board
for decision :
Provided that no such dispute shall be referred to the Wage Board by the
union,—
(i) after two months from the date of the completion of the
proceedings before the Conciliator;
(ii) where the employer has offered in writing before the Conciliator
to submit the dispute to abitration under this Act and the union has
not agreed to do so;
Decision etc. of
Labour Court not to
be called in
question.
Power to award
costs.
Wage Board.
Constitution of
Wage Board.
Reference to Wage
Boards.
Reference to Wage
Board by certain
registered unions.
Gujarat Industrial Relations Act, 1946
43 of 68
(iii) unless the dispute is first submitted to the Conciliator and the
conciliation proceedings are completed or the Conciliator certifies
that the dispute is not capable of being settled by conciliation.]
86D. Notwithstanding anything contained in any other provision of this Act, where
an industrial matter or industrial dispute is referred for decision to a Wage Board
under section 86C
178
[or 86CC] no proceedings regarding the same shall be
commenced before a Conciliator, Board, Labour Court or the Industrial Court or a
Court of Enquiry; and any such proceedings already commenced shall be forthwith
stayed on the making of the reference.
86E. A Wage Board shall, in respect of an industrial matter or industrial dispute
referred to it for decision, subject to any rules or procedure which may be prescribed,
follow the same procedure as the Industrial Court in respect of arbitration
proceedings before it.
In particular the rules of procedure which may be prescribed in this behalf
may provide for the formation of committees for local areas from amongs members
of the Wage Board with co-option of such, other persons from the local areas as the
Wage Board would for the purpose of any reference think fit to appoint to the
committees and the exercise by each such committee of the jurisdiction and powers
vested in the Wage Board in respect of such industrial matters or industrial disputes
as are referred by the Wage Board to the Committee.
179
[86EE. Save as provided in section 86F, a decision of the Wage Board shall come
into operation on the date specified in the decision and where no such date is
specified therein on the date on which it is published in the prescribed manner.]
86F. (1) Where the decision of a Wage Board affects an industry conducted or
carried on by a department of the
180
[State] Government, the decision shall
not be effective except in accordance with the procedure set out in sub-
sections (2) and (3).
(2) The Wage Board shall, as soon as practicable on the conclusion of its
proceedings, submit its decision to the
180
[State] Government, and the
180
[State] Government shall by order in writing declare the decision to be
binding :
Provided that where in the opinion of the
180
[State] Government it
would be inexpedient on public grounds to give effect to the whole or any
part of the decision, the
180
[State] Government shall on the first available
opportunity lay the decision together with the statement of its reasons for not
making a declaration as aforesaid before the Legislative Assembly of the
180
[State] and shall, as soon as may be, cause to be moved therein a resolution
for the consideration of the decision; and the Legislative Assembly may by its
resolution confirm, modify or reject the decision.
(3) On the passing of a resolution under the proviso to sub-section (2), unless
the decision is rejected thereby, the
180
[State] Government shall, by order in
writing, declare the decision as confirmed or modified by the resolution, as
the case may be, to be binding,
181
[(4) A decision declared to be binding under sub-section (2) or (3) shall
come into operation on such date as may be specified in the order of
declaration made by the
180
[State] Government.]
86G. (1) An appeal shall lie to the Industrial Court against an order or decision of a
Wage Board (including reviewed order or decision), save in case referred to
in section 86F.
(2) Such appeal shall be made within six weeks from the date of the order of
decision.
86H. Subject to the provisions of sections 86F and 86G, an order or decision of a
Wage Board shall be binding on—
Proceedings not to
be commenced or
continued before
Conciliator Boards,
etc.
Procedure before
Boards.
Coming into
operation of
decision of Wage
Board.
Procedure to give
effect to decision of
Wage Board
affecting
180
[State]
Government.
Appeals.
Parties on whom
order or decision of
Wage Board is
binding.
Gujarat Industrial Relations Act, 1946
44 of 68
(a) all parties to any proceeding before it who appeared or were represented
therein;
(b) all parties who were summoned to appear as parties to the proceeding,
whether they appeared or not;
(c) all the employers and employees in the concern or occupation or industry
in the local area according as the order of reference under sub-section (1) of
section 86- C directs irrespective of whether they were such employers or
employees at the time of the making or giving of such order or decision, or
whether they became such afterwards.
86I. (1) An employer or an employees or an association or a group of employers
or a registered union or body of employees may apply to a Wage Board for
review of an order or decision of the Wage Board and the Wage Board may
for any sufficient reason and upon hearing all the parties review the order or
decision :
Provided that no such application shall lie until a period of one year
has elapsed from the date of the making or giving of the order or decision or
the last review thereof, as the case may be :
Provided further that no such application by an employer or an
association or a group of employers shall lie unless the employer, association
or group, the case may be, employees not less than fifteen per cent, of the
employees whom the order or decision binds:
Provided also that no such application by an employee or a body of
employees shall lie unless the employee or body of employees represents not
less than fifteen percent, of the employees whom the order or decision binds.
(2) Where the
182
[State] Government makes an application in this behalf, the
Wage Board may at any time review its order or decision for any sufficient
reason and upon hearing all the parties.
86J. The Industrial Court shall have superintendence over all Wage Boards and may-
(a) call for returns from such Boards ;
(b) make and issue general rules, and lay down forms for regulating the
practice and procedure of such Boards in matters not expressly provided for
by or under this Act, and in particular, for securing expeditious disposal of
cases ;
(c) lay down the forms in which books, entries and accounts shall be kept by
officers of Wage Board ;
(d) settle fees for processes issued by Wage Boards.
86K. (1) Save as otherwise provided by this Act, no order or decision of a Wage
Board shall be called in question in any proceeding in any civil or criminal
court.
(2) The appellate order or decision of the Industrial court under section 86G
shall have the same force as the original order or decision of the wage Board
which it replaces except that there shall be no further appeal against it.
183
[86KK. The
182
[State] Government may, on the recommendation of the Industrial
Court, by an order notified in the Official Gazette, direct that any industrial matter, or
industrial dispute of the nature mentioned in section 86C which has been referred to
the Industrial Court under
184
[sub-section (6) of section 58 or sections 66, 72, 73 or
73A] and is pending before it at any time shall be transferred to a Wage Board for
disposal or for further disposal from the stage reached before the Industrial Court and
thereupon all the provisions of this Act shall apply to that dispute as if it were
referred to the Wage Board for decision under section 86C].
Review of order or
decision by Wage
Board.
Superintendence by
Industrial Court.
Order or decision of
Wage Boards not to
be called in
question.
Transfer of certain
disputes to Wage
Board.
Gujarat Industrial Relations Act, 1946
45 of 68
CHAPTER XII-B.
185
[STATE] WAGE BOARD.
86L. (1) The
185
[State] Government may by notification in the Official Gazette,
constitute for all the industries together to which this Act applies a
185
[State]
Wage Board for the
186
[State of Gujarat.].
(2) In relation to the
185
[State] Wage Board the provisions of sections 33, 46,
47, 86B to 86K (both inclusive), 87, 90, 97, 98, 115, 118, 119, 119A and 123
shall be read as if the reference therein to a Wage Board were reference to the
185
[State] Wage Beard.]
CHAPTER XIII.
COURT OF INDUSTRIAL ARBITRATION.
87. It shall be the duty of the Industrial Court-
(a) (i) to decide appeals under section
187
[20, 24A or 44] from orders
passed by the registrar;
(ii) to decide appeals from the decision of the Commissioner of
Labour under section 36 or 39 and revision applications under section
37 regarding standing orders;
(iii) to decide disputes referred to it under sub-section (6) of section
58;
(iv) to decide all matters which may be referred to it by a Conciliator
or a Board under section 61 or by an arbitrator under section 69;
(v) to decide industrial disputes referred to it in accordance with
submissions registered under section 66 which provide for such
reference to the Industrial Court;
(vi) to decide industrial disputes referred to it under sections 71, 72,
188
[73 or 73A];
(vii) to decide matters referred to it under section 90;
(via) to decide questions relating to the interpretation of this Act or
rules made thereunder and standing orders referred to it under section
91;
189
[(viiia) to decide applications made to it under section 115B;] (ix)
to decide references made to it under section 99;
190
[(ixa) to modify an award under section 116A;]
(x) to decide such other matters as may be referred to it under this
Act or the rules made thereunder;
(b) to decide appeals made under section 84 from a decision of a Labour
Court;
191
[(c) to decide appeals made under section 86G from an order or decision of
a Wage Board].
88. (1) The Industrial Court in appeal may confirm, modify, add to or rescind any
decision or order appealed against and may pass such orders therein as it may
deem fit.
(2) In respect of offences punishable under this Act, the Industrial Court shall
have all the powers of the
192
[High Court of Gujarat] under the Code of
Criminal Procedure, 1898.
185
[State]
WageBoard.
Duties of Industrial
Court.
Powers of Industrial
Court.
V of 1898.
Gujarat Industrial Relations Act, 1946
46 of 68
(3) A copy of the orders passed by the Industrial Court shall be sent to the
Labour Court.
89. If in any proceeding the Industrial Court finds that any union was registered by
reason of a mistake, misrepresentation or fraud, or that a registered union has
contravened any of the provisions of this Act, the Industrial Court may direct that the
registration of such union shall be cancelled.
90.
194
[(1) A Wage Board may refer to the Industrial Court any point of law
arising in any proceedings before it under this Act. Any order or decision
made or given by the Wage Board in such proceedings shall be in accordance
with the decision of the Industrial Court.]
194
[(2)] A Civil or Criminal Court may refer any matter or any issue in any
suit, criminal prosecution or other legal proceeding before it relating to an
industrial dispute to the Industrial Court for its decision. Any order passed by
such Court in such suit, prosecution or legal proceedings shall be in
accordance with such decision.
194
[(3)] The
195
[State] Government may refer to the Industrial Court any point
of law arising in any proceedings held under this Act. The Industrial Court
shall not decide any such reference save in open Court and with the
concurence of a majority of the members of the Court present at the hearing
of the reference.
91. The Commissioner of Labour may refer any question relating to the interpretation
of this Act or the rules made under this Act to the Industrial Court for its decision.
92. (1) The Industrial Court shall make regulations consistent with the provisions
of this Act and rules made thereunder regulating its procedure.
(2) In particular, and without prejudice to the generality of the foregoing
power, such regulations may provide for the formation of Benches consisting
of one or more of its members and the exercise by each such Bench of the
Jurisdiction and powers vested in it:
193. Sub-section (1) was inserted by Bom. 40 of 1948. s. 18 (1).
Provided that no Bench shall consist only of a member who has not
been and at the time of his appointment was not eligible for appointment as, a
Judge of a High Court.
(3) Every regulation made under sub-section (1) or (2) shall be published in
the Official Gazette.
(4) Every proceeding before the Industrial Court shall be deemed to be a
judicial proceeding within the meaning of sections 192, 193 and 228 of Indian
Penal Code.
(5) The Industrial Court shall have power to direct by whom the whole or any
part of the costs of any proceeding before it shall be paid:
Provided that no such costs shall be directed to be paid for the
services of any legal advisor engaged by any party.
93. An order made by the Industrial Court regarding the costs of a proceeding may be
produced before the Court of the Civil Judge within the local limits of whose
jurisdiction any person directed by such order to pay any sum of money has a place of
residence or business
196
[or where such place is within the City of Ahmedabad before
the Court of Small Causes of Ahmedabad]
197
* * * * *, and such Court shall execute
such order in the same manner and by the same procedure as if it were a decree for
the payment of money made by itself in a suit.
94. An order, decision or award of the Industrial Court shall be binding on—
Cancellation of
registration of
union.
Reference on point
of law.
Reference regarding
interpretation of
Act and Rules.
Procedure before
Industrial Court.
XLV of 1860.
Execution or order
as to costs.
Parties on whom
order of industrial
Court binding.
Gujarat Industrial Relations Act, 1946
47 of 68
198
[(a) all parties to the industrial dispute;]
(b) all parties who were summoned to appear as parties to the dispute whether
they appeared or not unless the Industrial Court is of opinion that they were
improperly made parties;
(c) in the case of an employer who is a party to the proceeding before such
Court in respect of the undertaking to which the dispute relates, his
successors, heirs or assigns in respect of the undertaking to which the dispute
relates; and
(d) in the case of a registered union which is a party to the proceeding before
such Court, all persons represented by the union at the date of the award, as
well as thereafter.
95.
200
[(1) An employer or an association or a group of employees or a registered
union
201
[or a representative of employees] may at any time apply to the
Industrial Court for review of a decision or award of the Industrial court and
the Industrial Court may, for any sufficient reason and upon hearing the
parties, review the decision or award.]
202
[(2) No order, decision or award of the Industrial Court shall be called in
question in any civil or criminal Court.]
203
[95A. The determination of any question of law in any order, decision, award
declaration passed or made, by the Full Bench of the Industrial Court constituted
under the regulations made under section 92 shall be recognised as binding and shall
be followed in all proceedings under this Act.]
96. The
204
[State] Government may direct any officer to appear in any proceeding
before the Industrial Court by giving notice to such Court and on such notice being
given such officer shall be entitled to appears in such proceeding.
CHAPTER XIV.
ILLEGAL STRIKES AND LOCK-OUTS.
97. (1) A strike shall be illegal if it is commenced or continued—
(a) in cases where it relates to an industrial matter specified in
Schedule III or regulated by any standing order for the time being in
force;
(b) without giving notice in accordance with the provisions of section
42;
(c) only for the reason that the employer has not carried out the
provisions of any standing order or has made an illegal change;
(d) in cases where notice of the change is given in accordance with
the provisions of section 42 and where no agreement in regard to such
change is arrived at before the statement of the case referred to in
section 54 is received by the conciliator for the industry concerned for
the local areas;
(e) in cases where conciliation proceeding in regard to the industrial
dispute to which the strike relates have commenced, before the
completion of such proceedings
205
[and during the period of ten days
thereafter];
(f) in cases where special intimation has been sent under sub-section
(2) of section 52 to the Conciliator, before the receipt of the
intimation by the person to whom it is to be given;
(g) in cases where a submission relating to such dispute or such type
of disputes is registered under section 66, before such submission is
lawfully revoked;
199
[Order of
Industrial Court to
be final except on
review.]
Law declared by
Industrial Court to
be binding.
Officer to appear in
proceeding before
Industrial Court.
Illegal strike.
Gujarat Industrial Relations Act, 1946
48 of 68
(h) in cases where an industrial dispute has been referred to the
arbitration of a Labour Court or the Industrial Court under sub-section
(6) of section 58 or under section 71, or of the Industrial Court under
section 72,
206
[73 or 73A] before the date on which the arbitration
proceedings are completed, or the date on which the awards of the
Labour or Industrial Court, as the case may be, comes into operation,
whichever is later;
(i) in contravention of the terms of a registered agreement or a
settlement or
207
[effective awards];
208
[(j) where an industrial matter or industrial dispute is referred to a
Wage Board for decision, before the date on which the decision
comes into operation;
(k) in contravention of the terms of an effective decision of a Wage
Board.]
209
[(1A) Notwithstanding anything contained in sub-section (7) a strike which
is commenced or continued only for the reason that the employer has not paid
the basic pay or dearness allowance due to the employees within the period
fixed under any law for the time being in force or under a registered
agreement or settlement or an effective award or an effective decision of a
Wage Board shall not be deemed to be illegal:
Provided that such strike shall be deemed to be illegal if—
(i) it is commenced without seven clear days' notice being given to the
employer by the representative of employees, or
(ii) it is commenced or continued after the employer has paid basic
pay or dearness allowance due to the employees.]
(2) In cases where a conciliation proceeding in regard to any industrial
dispute has been completed, a strike relating to such dispute shall be illegal if
it is commenced at any time after the expiry of two months after the
completion of such proceedings.
(3) Notwithstanding anything contained in sub-sections (1) and (2), if
fourteen clear days' notice of a strike not failing under clause (a), (g), (h) or
(i) of sub-section (1) was given to the employer and the labour Officer, and
the strike was not commenced either before the expiry of the period of notice
or after six weeks from the date of its expiry, the employees who resume
work within forty-eight hours of a Labour Court or the Industrial Court
declaring such strike to be illegal shall incur no penalty under this Act in
respect of such strike :
Provided that nothing in sub-section (3) shall apply to any strike
which has within the period of notice been declared under section 99 to be
illegal.
210
[97A. A stoppage shall be illegal if it is commenced or continued—
(a) with the object of compelling the
211
[Central or
212
[State] government] or
any public servant to take or abstain from taking any particular course of
action in regard to an industrial matter, where the
211
[Central or
212
[State]
Government] is not an employer in the industry concerned, or
(b) if such stoppage is in support of, or in sympathy with, a strike which is
illegal under this Act or the industrial Disputes Act, 1947, or any other law
for the time being in force, whether or not in the same industry, occupation or
undertaking.]
98. (1) A lock-out shall be illegal if it is commenced or continued—
Stoppage of work
by employees in
certain circum-
stances illegal.
XIV of 1947.
Illegal lock-outs.
Gujarat Industrial Relations Act, 1946
49 of 68
(a) in cases where it relates to any industrial matter specified in
Schedule III or regulated by any standing order for the time being in
force;
(b) without giving notice in accordance with the provisions of section
42;
(c) in cases where notice of the change is given in accordance with
the provisions of section 42 and where no agreement in regard to such
change is arrived at, before the statement of the case referred to in
section 54 is received by the conciliator for the industry concerned for
the local areas;
(d) in cases where conciliation proceedings in respect of an industrial
dispute to which a lock-out relates have commenced before the
completion of such proceedings
213
[and during the period of ten days
thereafter];
(e) in cases where a special intimation has been sent under sub-
section (2) of section 52 to the Conciliator, before the receipt of the
intimation by the person to whom it is to be given;
(f) in cases where a submission relating to such dispute or such type
of disputes is registered under section 66, before such submission is
lawfully revoked;
(g) in cases where an industrial dispute has been referred to the
arbitration of a Labour Court or the Industrial Court under sub-section
(6) of section 58 or under section 71, or of the Industrial Court under
section 72,
214
[73 or 73A] before the date on which the arbitration
proceeding is completed or the date on which the award of the
Industrial Court comes into operation whichever is later;
(h) in contravention of the terms of a registered agreement or a
settlement or
215
[effective awards];
216
[(i) where an industrial matter or industrial dispute is referred to a
Wage Board for decision, before the date on which the decision
comes into operation;
(j) in contravention of the terms of an effective decision of a Wage
Board.]
(2) In cases where a conciliation proceeding in regard to any industrial
dispute has been completed, a lock-out relating to such dispute shall be illagal
if it is commenced at any time after the expiry of two months from the
completion of such proceeding.
(3) Notwithstanding anything contained in sub-sections (1) and (2), if
fourteen clear days' notice of a lock-out not falling under clause (a), (g), (h) or
(i) of sub-section (1) was given to the employees and the labour Officer, and
the lock-out was not commenced either before the expiry of the period of
notice or after six weeks from the date of its expiry and the employer
discontinues the lock-out within forty-eight hours of a Labour Court or the
Industrial Court declaring such lock-out to be illegal, the employer shall incur
no penalty under this Act in respect of such lock-out:
Provided that nothing in this sub-section shall apply to any lock-out
which has within the period of notice been declared under section 99 to be
illegal.
217
[98A. A closure shall be illegal, if it is commenced or continued with the object of
compelling the
218
[Central or
219
[State] Government] or any public servant to take or
abstain from taking any particular course of action in regard to any industrial matter.]
Closure of work by
employer in certain
circumstances
illegal.
Gujarat Industrial Relations Act, 1946
50 of 68
99. (1) The
220
[State] Government may make a reference to the Industrial Court
for a declaration whether any proposed
221
[strike, lock-out, closure or
stoppage will be illegal].
(2) No declaration shall be made under this section save in open Court.
222
[(3) The declaration made under sub-section (1) shall be recognised as
binding and shall be followed in all proceedings under this Act.]
CHAPTER XV.
COURT OF ENQUIRY.
100. (1) The
220
[STATE] Government may constitute one or more Courts of Enquiry
consisting of such number of persons as the
220
[STATE] government may think
fit.
(2) A Court of Enquiry shall inquire into such industrial matters, as may be
referred to it by the
220
[STATE] Government, including any matter pertaining
to conditions of work or relations between employers and employees in any
industry, and any aspect of any industrial dispute.
(3) Every proceeding before a Court of Enquiry shall be deemed to be a
judicial proceeding within the meaning of sections 192, 193 and 228 of the
Indian Penal Code.
224
[(4) A Court of Enquiry may refer to the Industrial Court any point of law
arising in any proceeding before it under this Act. Any finding of the Court of
Enquiry in such proceeding shall be in accordance with the decision of the
Industrial Court on such point.]
CHAPTER XVI.
PENALTIES.
101. (1) No employer shall dismiss, discharge or reduce any employee or punish
him in any other manner by reason of the circumstance that the employee-
(a) is an officer or member of a registered union or a union which has
applied for being registered under this Act; or
(b) is entitled to the benefit of a registered agreement or a settlement,
submission or award; or
(c) has appeared or intends to appear as a witness in, or has given any
evidence or intends to give evidence in
225
[a proceeding under this
Act or any other law for the time being in force]
226
[or takes part in
any capacity in, or in connection with] a proceeding under this Act; or
(d) is an officer or member of an organisation the object of which is to
secure better industrial conditions; or
(e) is an officer or member of an organisation which is not declared
unlawful; or
(f) is representative of employees; or
(g) has gone on or joined a strike which has not been held by a
Labour Court or the Industrial Court to be illegal under the provisions
of this Act.
(2) No employer shall prevent any employee from returning to work after a
strike, arising out of an industrial dispute
227
* * * * * * * which has not been
held by a Labour Court or the Industrial Court to be illegal unless-
(i) the employer has offered to refer the issues on which the employee
has struck work to arbitration under this Act, and the employee has
Reference to
Industrial Court for
declaration whether
strike,
223
[lock-out,
closure of stoppage]
is illegal.
Court of Enquiry;
constitution, duties
and powers of-
XLV of 1860.
Employer not to
dismiss, reduce or
punish an
employee.
Gujarat Industrial Relations Act, 1946
51 of 68
refused arbitration; or
(ii) the employee not having refused arbitration, has failed to offer to
resume work within one month of a declaration by the
228
[State]
Government that the strike has ended.
(3) Whoever cotravenes the provisions of sub-section (1) or (2) shall, on
conviction, be punishable with fine which may extend to Rs. 5,000.
(4) The Court trying an offence under this section may direct that out of the
fine recovered, such amount as it deems fit shall be paid to the employee
concerned as compensation.
(5) In any prosecution under this section the burden of proving that the
dismissal, discharge, reduction or punishment of an employee by an employer
was not in contravention of the provisions of this section shall lie on the
employer.
102. Any employer who has commenced a lock out
229
[or a closure] which a Labour
Court holds or the Industrial Court has declared to be illegal shall, on conviction be
punishable with fine which may extend to Rs. 2,500 and, in the case of the lock-out
230
[or the closure, as the case may be,] being continued after the lapse of forty-eight
hours after it has been held or declared to be illegal, with an additional fine which
may extend to Rs. 5,000 for every day during which such lock-out
231
[or closure]
continues after such conviction.
103. Subject to the provisions of sub-section (3) of section 97, any employee who has
gone on strike
233
[or stoppage] or who joins a strike
234
[or a stoppage] which a Labour
Court holds or the Industrial Court has declared to be illegal shall, on conviction, be
punishable with fine which may extend to Rs. 10 and, in the case of his continuing on
strike
235
[or stoppage, as the case may be], after the lapse of forty-eight hours after it
is held or declared to be illegal, with an additional fine which may extend to Rs. 1 per
day for every day during which
236
[such strike or stoppage continues after such
conviction] subject to a maximum of Rs. 50.
104. Any person who instigates or incites others to take part in, or otherwise acts in
furtherance of a lock-out
238
[or a closure], for which an employer is punishable under
section 102 or a strike
239
[or a stoppage] for which any employee is punishable under
section 103, shall, on conviction, be punishable with imprisonment of either
description for a term which may extend to three months, or with fine or with both:
Provided that no person shall be punished under this section where the Court
trying the offence is of opinion that in the circumstances of the case a reasonable
doubt existed at the time of the commission of the offence about the legality of the
4
[strike, lock-out, closure or stoppage], as the case may be.
Explanation I.-For the purposes of this section, a person who contributes, col-
lects or solicits funds for the purposes of any such
241
[strike, lock-out, closure or stop-
page] shall be deemed to act in furtherance thereof.
Explanation II.-A person shall be deemed to have committed an offence under
this section if before an illegal
241
[strike, lock-out, closure or stoppage] has
commenced, he has instigated or incited others to take part in, or otherwise acted in
furtherance of such
241
[strike, lock-out, closure or stoppage].
105. If a Conciliator, a member of a Board or a Labour Officer or any person present
at or concerned in any conciliation proceeding wilfully discloses any information or
the contents of any document in contravention of the provisions of this Act, he shall,
on conviction, on a complaint made by the party who gave the information or
produced the document in such proceeding be punishable, with fine which may
extend to Rs. 1,000.
106. (1) Any employer who makes an illegal change shall, on conviction, be
punishable with fine which may extend to Rs. 5,000.
Penalty for
declaring illegal
lock-out
232
[or
illegal closure.]
Penalty for
declaring or com-
mencing illegal
strike
237
[or illegal
stoppage.]
Penalty for
instigating, etc.
illegal strikes
240
[lock-outs,
closures and
stoppages].
Penalty for
disclosing confiden-
tial information.
Penalty for illegal
change.
Gujarat Industrial Relations Act, 1946
52 of 68
(2) Any employer who contravenes the provisions of section 47 shall on
conviction, be punishable with imprisonment which may extend to three
months, or for every day on which the contravention continues with fine
which may extend to Rs. 5,000, or with both.
(3) The Court convicting any person under sub-section (1) or (2) may direct
such person to pay such compensation as it may determine to any employee
directly and adversely affected by the change in issue.
242
[106A. Any employer who fails to appoint members of a Joint Committee to be
constituted on an application made by the union within the period specified in the
order made under sub-section (1) of section 49 shall, on conviction, be punishable
with fine which may extend to fifty rupees and in the case of a continuing failure with
an additional fine which may extend to fifty rupees for every day during which such
failure continues.]
243
[106B. Any employer who fails to nominate his representatives to be appointed as
members of the Council within the time limit specified for the constitution of the
Council under sub-section (1) of section 53A shall, on conviction, be punishable with
fine which may extend to fifty rupees and in the case of a continuing failure, with an
additional fine which may extend to fifty rupees for every day during which such
failure continues.]
107. Any employer who acts in contravention of
244
[a model standing order notified
and in operation under Sub-section (5) of section 35 of] a standing order settled under
Chapter VII shall, on conviction, be punishable with fine which may extend to Rs.
500 and in the case of a continuing contravention of such standing order, with an
additional fine which may extend to Rs. 125 per day for every day during which such
contravention continues.
108. Any person who wilfully refuses entry to a Labour Officer or such Officer of an
approved union as is authorised under section 25 to any place which he is entitled to
enter, or fails to produce any document which he is required to produce or fails to
comply with any requisition or order issued to him by or under the provisions of this
Act or the rules made thereunder shall, on conviction, be punishable with fine which
may extend to Rs. 500.
109. Whoever contravenes any of the provisions of this Act or of any rule made
thereunder shall on conviction, if no other penalty is elsewhere provide by or under
this Act for such contravention be punishable with fine which may extend to Rs. 100
and, in the event of such person having been previously convicted of an offence
under this Act or any rule made thereunder with fine which may extend to Rs. 200.
110. The amount of any fine imposed and any compensation directed by any Court to
be paid under this Act shall be recoverable as arrears of land revenue.
CHAPTER XVII.
RECORD OF INDUSTRIAL CONDITIONS.
111. The
245
[State] Government may in respect of any industry—
(a) maintain in the prescribed manner a record of industrial matters covered
by the Schedules;
(b) require any employer or employers generally to maintain and submit
copies of a record in such form as may be prescribed of—
(i) data relating to plant, premises and manufacture,
(ii) other industrial transactions and dealings,
which in the opinion of the
245
[State] Government are likely to affect the
matters specified in clause (a).
Penalty for failure
to appoint members
on Joint Committee.
Penalty for failure
to nominate
members on
Council by
employer.
Penalty for
contravention of a
standing order.
Penalty for
obstructing person
from carrying out
duties.
Penalties for
offences not
provided for
elsewhere.
Recovery of fines
and compensation.
Record of industrial
matters, etc.
Gujarat Industrial Relations Act, 1946
53 of 68
112. (1) For the purpose of verifying the accuracy of any records maintained by an
employer under the provisions of section 111, an officer authorised by the
245
[State] Government may, subject to the prescribed conditions hold an
inquiry and may require any person to, and such person thereupon shall,
produce any relevant record or document in his possession and may after
reasonable notice, at any reasonable time enter any premises wherein he
believes such record or document to be, and may ask any question necessary
for verifying such records :
Provided that where such premises are not the usual business
premises of a person, such officer shall not without the previous permission
of the
1
[State] Government enter them under this sub-section.
(2) Any proceedings held by him for the purpose of obtaining information for
such record shall be deemed to be a judicial proceeding within the meaning of
section 192 of the Indian Penal Code.
CHAPTER XVIII.
MISCELLANEOUS.
113. The
246
[State] Government may, by notification in the Official Gazette at any
time, make any additions to or alterations in the industrial matters specified in
Schedule I, II or III or may delete therefrom any such matter :
Provided that before making any such addition, alteration or deletion a draft
of such addition, alteration or deletion shall be published for the information of all
persons likely to be affected there by and the
246
[State] Government shall consider
any objection or suggestion that may be received by it from any person with respect
thereto.
247
[113A. The Registrar may, after giving fifteen days' notice, dismiss any application
made under section 13, 16, 17 or 23 if he is satisfied that the applicant union has
failed to pursue or prosecute the application, without any sufficient cause.]
114. (1) A registered agreement, or a settlement, submission or award shall be
binding upon all persons who are parties thereto :
Provided that—
(a) in the case of an employer, who is a party to such agreement,
settlement, submission or award, his successors in interest, heirs or
assigns in respect of the undertaking as regards which the agreement,
settlement, submission or award is made, and
(b) in the case of a registered union which is a party to such
agreement, settlement, submission or award
248
[all employees in the
industry in the local area whose representative, the said union is],
shall be bound by such agreement, settlement, submission or award.
(2) In cases in which a Representative Union is a party to a registered
agreement or settlement, submission or award, the
246
[State] Government
may, after giving the parties affected an opportunity of being heard, by
notification in the Official Gazette, direct that such agreement, settlement,
submission or award shall be binding upon such other employers and
employees in such industry or occupation in that local area
249
[and with effect
from such date,] as may be specified in the notification :
Provided that before giving a direction under this section the
250
[State]
Government may, in such cases as it deems fit, make a reference to the
Industrial Court for its opinion.
(3) A registered agreement entered into by the representatives of the majority
of the employees affected or deemed to be affected under section 43 by a
change shall bind all the employees so affected or deemed to be affected.
Inquiry for
verification of
records.
XLV of 1860.
Modification in
Schedules.
Dismissal of certain
applications for
want of
procecution.
Agreement, etc. on
whom binding.
Gujarat Industrial Relations Act, 1946
54 of 68
115. An order or decision of a
251
[Wage Board or Labour Court] against an empower
shall bind his successors in interest, heirs and assigns in respect of the undertaking as
regards which it is made or given and such order or decision against a registered
union shall bind
252
[all employees in the industry in the local areas whose
representative, the said union is].
253
[115A. If any agreement is arrived at between an employer and a Representative
Union who are parties to any industrial dispute pending before an Arbitrator, Wage -
Board, Labour Court or Industrial Court, the order, decision or award in such
proceeding shall be made in terms of such agreement, unless the Arbitrator, Wage
Board, Labour Court or Industrial Court, is satisfied that the agreement was in
contravention of any of the provisions of this Act or the consent of either party to it
was caused by mistake, misrepresentation, fraud undue, influence, coercion or threat.]
254
[115B. Where any question arises regarding the construction or interpretation of
any award, any employer or employee on whom such award is binding may—
(a) if the award was made by a Labour Court, Wage Board or Industrial
Court, apply to the Court or Board which made the award, and
(b) if the award was made by any other arbitrator, apply to the Industrial
Court,
for deciding the question. The Court or Board to which the application is
made may, after giving the parties concerned an opportunity of being heard,
decide the question and such decision shall be binding on the parties on
whom the award is binding.]
116. (1) A registered agreement or a settlement or award shall cease to have effect
on the date specified therein or if no such date is specified therein, on the
expiry of the period of two months from the date on which notice in writing
to terminate such agreement, settlement or award as the case may be, is given
in the prescribed manner by any of the parties thereto the other party :
Provided that no such notice shall be given till the expiry of three
months after the agreement, settlement or award comes into operation.
(2) Nothing in this section shall prevent the terms of a registered agreement or
a settlement
255
[or an award in terms of an agreement] being changed or
modified by mutual consent of the parties affected thereby
256
[and the
registered agreement, settlement or award shall be deemed to be changed or
modified accordingly].
(3) Notwithstanding anything contained in sub-section (1) or (2), if a
registered agreement or a settlement or award provides that it shall remain in
force for a period exceeding one year, it may after the expiry of one year from
the date of its commencement be terminated by either party thereto giving
two months' notice in the prescribed manner to the other party.
(4) The party giving notice under sub-section (1) or (3) shall send a copy of it
to the Registrar and the Labour Officer of the Local area concerned.
257
[(4A) A notice given by a party under sub-section (1) or (3) may be
withdrawn by it by a subsequent notice given in writing in the prescribed
manner before the expiry of two calendar months from the date on which the
previous notice was given. The party giving such subsequent notice shall send
a copy thereof to the Registrar and the Labour Officer of the Local area
concerned.]
(5) If a registered agreement, or a settlement or award is terminated under sub
section (1) or (3) or if the terms of a registered agreement, or a settlement
258
[or an award] are changed or modified by mutual consent, notice of such
termination, change or modification shall be given by the parties concerned to
the Registrar and the Labour Officer. The Registrar shall enter the notice of
such termination, change or modification in a register kept for the purpose.
Order or decision of
251
[Wage Board or
Labour Court] on
whom binding.
Order, decision or
award to be in
terms of agreement
between employer
and Representative
Union.
Construction and
interpretation of
awards.
Agreement etc.,
when to cease to
have effect.
Gujarat Industrial Relations Act, 1946
55 of 68
Explanation.—For the purposes of this section, parties who shall be
competent to terminate a registered agreement or a settlement or award, or to
change or to modify the terms of a registered agreement or a settlement
258
[or
an award] and who shall give notice of such termination, change or
modification under sub-section (5) shall be the employer who has signed the
agreement or settlement or who is a party to the award or the heirs, successors
or assigns of such employer in respect of the undertaking concerned and the
representative of the employees affected by the agreement, settlement or
award.
259
[116A.(1) Any party who under the provisions of section 116 is entitled to, give
notice of the termination of an award may instead of, giving such notice apply
after the expiry of the period specified in sub-section (2), to the Industrial
Court, the Labour Court or the Wage Board making the award, for its
modification.
(2) Such application in the case of an award—
(a) which does not specify a date on which it shall ceased to have
effect shall be made until the expiry of the period of two months from
the date on which notice can be given to terminate the award under
section 116;
(b) which provides that it shall remain in force for a period exceeding
one year, shall not be made until the expiry of one year from the date
of its commencement.
(3) On such application being made, the Industrial Court, the Labour Court or
the Wage Board, as the case may be, may, after hearing the parties and taking
such evidence as it thinks fit, modify the award
260
[with effect from such date
as it may specify].
(4) Where an application for the Modification of an award under sub-section
(1) is made, such application shall not in any way affect the binding effect of
such award in regard to the matters determined therein until it is modified.
(5) Nothing in this section shall affect the right of any party to terminate such
award in accordance with the provisions of section 116.]
117. Where anything is required to be done by any union under this Act, the person
authorised in this behalf by the executive of the union, and where no person is so
authorised every member of the executive of the union, shall be bound to do the same
and shall be personally liable if default is made in the doing of any such thing.
Explanation.—For the purposes of this section, the executive of a union
means the body by whatever name called to which the management of the affairs of
the union is entrusted.
118. (1) For the purpose of holding an inquiry or proceeding under this Act, the
Registrar, a Conciliator,
261
[a Wage Board], Board, Labour Court in its
ordinary jurisdiction, a Court of Enquiry and the Industrial Court shall have
the same powers as are vested in Courts in respect of—
(a) proof of facts by affidavits;
(b) summoning and enforcing the attendance of any persons and
examining him on oath;
(c) compelling the production of documents; and
(d) issuing commissions for the examination of witnesses.
(2) The Registrar, a Conciliator,
2
[a Wage Board] or Board shall also have
such further powers as may be prescribed.
Modification of
award.
Liability of the
executive of a
union.
Powers of, certain
authorities to
summon witnesses
etc.
Gujarat Industrial Relations Act, 1946
56 of 68
(3) For the purpose of obtaining the information necessary for compiling and
maintaining the record under Chapter XVII the officer authorised under
section 112 shall have the powers specified in clauses (b) and (c) of sub-
section (1) and in sub section (2).
262
[(4) A Wage Board, a Labour Court and the Industrial Court shall also have
powers to call upon any of the parties to proceedings before it to furnish in
writing and in such form as it may think proper any information which it
considers relevant for the purpose of any proceedings before it and the party
so called upon shall thereupon furnish the information to the best of his
knowledge and belief, and if so required by the Board or the Court to do so,
verify the same in such manner as may be prescribed.]
263
[118A. The offence under section 104 shall be cognizable.]
264
[118B.(1) Where in any proceeding before the Industrial Court or a Labour Court,
if either party in spite of notice of hearing having been duly served on it, does
not appear when the matter is called on for hearing, the Court may either
adjourn the hearing of the matter to a subsequent date or proceed ex-parte and
make such award,
(2) Where any award, order or decision is made ex-parte under sub-section
(1) the aggrieved party may, within thirty days of the receipt of a copy
thereof, make an application to the Court, to set aside such award, order or
decision. If the Industrial Court or Labour Court is satisfied that there was
sufficient cause for non-appearance of the aggrieved party, it may set aside
the award, order or decision so made and shall appoint a date for proceeding
with the matter:
Provided that no award, order or decision shall be set aside on any
such application as aforesaid, unless notice thereof has been served on the
opposite party.]
119. The Registrar, an Assistant Registrar, a Conciliator, a Labour Officer, an
Assistant Labour Officer, an arbitrator,
265
[a member of a Wage Board], a member of
a Board, an officer authorised under section 112, a Judge of a Labour Court, a
member of the Industrial Court or a Court of Enquiry and a member of the staff of
any of the said Courts shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code.
266
[119A. (1) If any person—
(a) when ordered by the Industrial Court or a Labour Court or a Wage
Board to produce or deliver up any document,
267
[or to furnish any
information], being legally bound intentionally omits to do so; or
(b) when required by the Industrial Court or a Labour Court or a
Wage Board to bind himself by an oath or affirmation to state the
truth refuses to do so;
(c) being legally bound to state the truth on any subject to the
Industrial Court or a Labour Court or a Wage Board refuses to answer
any question demanded of him touching such subject by such Court
or Board; or
(d) intentionally offers any insult or causes any interuption to the
Industrial Court or a Labour Court or a Wage Board at any stage of its
judicial proceeding, he shall, on conviction, be punishable with
imprisonment for a term which may extend to six months or with fine
which may extend to one thousand rupees or with both.
(2) If any person refuses to sign any statement made by him when require to
do so by the Industrial Court or a Labour Court or a Wage Board, he shall, on
conviction, be punishable with imprisonment for a term which may extend to
three months or with fine which may extend to five hundred rupees or with
both.
Offences under
section 104
cognizable.
Consequences of
non-appearance of
parties.
Certain officer to be
public servants.
XLV of 1860.
Contempt of Indus-
trial Court, Labour
Courts and Wage
Boards relating to
commission to
produce documents,
etc.
Gujarat Industrial Relations Act, 1946
57 of 68
(3) If any offence under sub-section (1) or (2) is committed in the view or
presence of the Industrial Court or a Labour Court or a Wage Board, as the
case may be, such Court or Wage Board, may after recording the facts
constituting the offence and the statement of the accused as provided in the
Code of Criminal Procedure, 1898, forward the case to a magistrate having
jurisdiction to try the same and may require security to be given for the
appearance of the accused person before such magistrate or, if sufficient
security is not given, shall forward such person in custody to such magistrate.
The magistrate to whom any case is so forwarded shall proceed to hear the
complaint against the accused person in the manner provided in the said Code
of criminal Procedure.
119B. (1) If any person commits any act or publishes any writing which is
calculated to improperly influence the Industrial Court, or a Labour Court or a
Wage Board or to bring such Court, Board, or a member or a Judge, thereof
into disrepute or contempt or to lower its or his authority, or to interfere with
the lawful process of any such Court or Board, such person shall be deemed
to be guilty of contempt of such Court or Board, as the case may be.
(2) In the case of contempt of itself the Industrial Court shall record the fact
constituting such contempt and make a report in that behalf to the High Court.
(3) In the case of contempt of a Wage Board or a Labour Court, such Board
or Court shall record the facts constituting such contempt and make a report
in that behalf to the Industrial Court; and thereupon the Industrial Court may,
if it considers it expedient to do so, forward the report to the High Court.
(4) When any intimation or report in respect of any contempt is received by
the High Court under sub-section (2) or (3) the High Court shall deal with
such contempt as if it were contempt of itself and shall have and exercise in
respect of it the same jurisdiction, powers and authority in accordance with
the same procedure and practice as it has and exercises in respect of contempt
of itself.]
268
[119C. Notwithstanding anything contained in this Act, the industrial Court, a
Labour Court or a Wage Board, as the case may be, shall have the power to decide all
matters arising out of the industrial matter or dispute referred to it for decision under
any of the provisions of this Act.
119D. In any proceeding before it under this Act, the Industrial Court, a Labour Court
or a Wage Board may pass such interim orders as it may consider just and proper.
119E. No suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or purported to be done under this Act.]
120. Nothing in this Act shall affect any of the provisions of the Trade Disputes Act,
1929, and no conciliation or arbitration proceeding shall be held under this Act
relating to any matter or trade dispute which has been referred to and is pending
before a Court of Enquiry or Board of Conciliation under the said Act.
269
[120A. Nothing in this Act shall affect any of the provisions of the Industrial
Disputes Act, 1947, and no proceeding shall be held under this Act relating to any
matter or dispute which has been referred to and is pending before a Board, a Court
for inquiry, a Labour Court or a Tribunal Under the said Act.]
270
[121. The Bombay Trade Disputes Conciliation Act, 1934 is hereby repealed.]
122. The Bombay Industrial Disputes Act, 1938, is hereby repealed:
Provided that-
(a) every appointment, order, rule, regulation, notification or notice made,
issued or given under the provisions of the Act so repealed shall, in so far as it
is not inconsistent with the provisions of this Act, be deemed, to have been
made or issued under the provisions of this Act, unless and until superseded
V of 1898.
Other kinds of
contempts of Indus-
trial Court, Labour
Courts and Wage
Boards.
Power of Industrial
Court, etc., to
decide all con-
nected matters.
Power of Industrial
Court, etc., to pass
interim orders.
Protection of action
taken under this
Act.
Provisions of Act
VII of 1929 not to
be affected. VII of 1929.
Provisions of Act
XIV of 1947 not to
be affected.
XIV of 1947.
Repeal of Bom. IX
of .1934.
Bom. IX of 1934.
Bom. XXV of
1938.
Repeal of Bom.
XXV of 1938.
Gujarat Industrial Relations Act, 1946
58 of 68
by any appointment, order, rule, regulation, notification, or notice made,
issued or given under this Act;
(b) any standing order settled, agreement registered, changes which have
come into operation, settlements recorded or registered, submissions
registered, awards made or orders passed by the Industrial Court, under the
provisions of the Act so repealed shall be deemed to have been settled,
registered, to have come into operation, to have been recorded, made or
passed by the appropriate authority under the corresponding provisions of this
Act;
(c) any right, privilege, obligation or liability acquired, accrued or incurred
under the Act so repealed shall not be affected and any investigation, legal
proceeding or remedy in respect of any such right, privilege, obligation or
liability shall, so far as it is not inconsistent with the provisions of this Act, be
made, instituted and availed of as if the said Act had not been repealed and
continues in operation;
(d) any proceedings pending before the Industrial Court, conciliation
proceedings, or any proceedings relating to the trial of offences punishable
under the provisions of the Act so repealed shall be continued and completed
as if the said Act had not been repealed and continued in operation; and any
penalty imposed in such proceedings shall be recorded under the Act so
repealed;
(e) Registered Union or a Representative Union or a Qualified Union or other
representatives elected, entitled to appear or act as the representatives of
employees under the Act so repealed shall, notwithstanding the repeal of the
said Act, continue to act as the representatives of employees in any
proceedings under this Act for a period of three months from the date on
which this Act comes into force.
123. (1) The
271
[State] Government may by notification in the Official Gazette
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
provision such rules may be made for all or any of the following matters,
namely :-
(a) the authority to be prescribed under sub-clause (c) of clause (14)
of section 3;
(b) the manner in which the panels representing the interests of
employers and employees shall be constituted and the manner in
which vacancies in the Board of Conciliation shall be filled up under
section 7 ;
(c) the qualifications for being eligible to be appointed to preside over
Labour Courts under section 9;
(d) the form in which the registers of unions and the approved list
shall be maintained under section 12;
(e) the form of application under sub-sections (1), (2) and (3) of
section 13 ;
(f) the fee to be paid, and the form of certificate of registration to be
issued under section 14;
(g) the fee to be paid under sub-section (1),
272
[the form of certificate
of registration under sub-section (3)] and the manner of publication
under sub-section (4), of section 16;
(h) the fee to be paid under sub-section (1) of section 17 ;
(i) the dates on which and the manner in which returns shall be
Rules.
Gujarat Industrial Relations Act, 1946
59 of 68
submitted under section 19;
(j) the manner of publication of orders under section 21;
(k) the manner of registration of a union for more local areas than one
under section 22;
(l) the form of application under section 23;
(m) the officers,
273
[members of the office staff]
274
[and members of
approved unions] to be authorised under section 25 and the manner in
which and the conditions subject to which the rights under that
section shall be exercised;
(n) the fees to be prescribed under sub-section (6) of section 26 ;
275
[(na) the procedure to be followed by the Registrar for ascertaining
membership of unions for the purposes of Chapters
276
[III, IV and V];
(nb) the manner of submitting objections to such membership and the
amount of deposit which the Registrar may require to be made before
entering upon the inquiry;
(nc) the fine which may be imposed by the Registrar for any frivolous
or vexatious objections to membership;]
(o) the authority to be prescribed under clause (b) of sub-section (2),
and the manner of determining the representative of employers under
sub-section (3) of section 27;
(p) the manner in which the person shall be elected under sub-section
(1) recalled under sub-section (4), the period for which and the
manner in which they shall function and the manner in which
vacancies shall be filled under sub-section (5), of section 28 ;
(q) the manner of authorising a Qualified or Primary Union under
clause (iii) of, the manner of accepting the terms of an agreement for
settlement under proviso Secondly and the number of representatives
and the manner of their election under proviso Thirdly to, section 30 ;
(r) the conditions subject to which the powers of entry and inspection
shall be exercised under sub-section (2) of section 34 ;
(s) the manner of submission of draft standing orders under sub-
section (1), and the manner of consulting the representative of
employees and other interests under sub-section (2) of section 35 ;
(t) the form of notice and the other persons to be prescribed under
subsections (1) and (2) and the manner of approach and the period to
be prescribed under the proviso to sub-section (4) of section 42 ;
(u) the other persons to be prescribed under sub-section (3) of section
43;
(v) the manner of forwarding the memorandum of agreement under
subsection (1) of section 44 ;
(w)
277
[the number of members of a Joint Committee, the manner of
nomination of members by the union and the manner of giving copies
of orders under sub-section (1), and ] the appointment of the chairman
and the manner in which he shall perform his duties under sub-section
(2) of section 49 ;
(x) the manner of conducting the proceedings of a Joint Committee
under sub-section (2) of section 50 ;
Gujarat Industrial Relations Act, 1946
60 of 68
(y) the manner in which the memorandum of agreement shall be
forwarded under sub-section (1), the form in which a special
intimation shall be forwarded under sub-section (2), and the other
persons to be prescribed under sub-section (4) of section 52;
278
[(y-a) the manner of constituting a Council and filling of vacancies
therein, the number of members of such Council, and the manner of
electing the representatives of employees under sub-section (1) of
section 53A;
(y-b) the other things which a Council may do under clause (f) of sub-
section (1) of section 53B;
(y-c) the administrative functions with which a Council shall be
entrusted under sub-section (3) of section 53B;
(y-d) matters relating to which information shall be furnished to the
Council by the employers under sub-section (4) of section 53B;
(y-e) the procedure to be followed by the Council in the discharge of
its duties, under sub-section (5) of section 53B;]
(z) the form in which the statement shall be forwarded under sub-
section (1) of section 54;
(aa) the manner of holding conciliation proceedings under sub-section
(1) of section 56;
(ab) the form in which the memorandum of settlement shall be drawn
up and the manner of its publication under sub-section (1) of section
58;
(ac) the manner of giving notice under sub-section (2) of section 59;.
(ad) the procedure to be followed by a Conciliator or Board under sub
section (1) of section 60;
(ae) the manner of publication of a submission under sub-section (3)
of section 66;
(af) the modifications to be prescribed under sub-section (2) and the
manner of making the employers parties to arbitration under sub-
section (3) of section 72;
(ag) the manner of publication under sub-section (2) of section 74;
(ah) the form and manner in which an application shall be made under
sub-section (2) of section 79;
279
[(aha) the other industrial matters and disputes under sub-section
(1) of section 86C;
(ahb) the rules of procedure to be followed by a Wage Board under
section 86E;]
(ai) the manner in which the record shall be maintained under section
111; (aj) the conditions to be prescribed under sub-section (1) of
section 112; (ak) the manner of giving notice under section 116;
(al) the further powers of the Registrar, a Conciliator,
280
[Wage
Board] or Board under sub-section (2),
281
[and the manner of
verifying information under sub-section (4) of section 118];
(am) any other matter which is required to be or may be prescribed.
Gujarat Industrial Relations Act, 1946
61 of 68
(3) The rules made under this section shall be subject to the condition of
previous publication in the Official Gazette.
282
[(4) All rules made under this section shall be laid for not less than thirty
days before the State Legislature as soon as may be after they are made and
shall be subject to such modifications as the State Legislature may make
during the session in which they are so laid or the session immediately
following.]
283
[124. The State Government may by notification in the Official Gazette direct that
any power exercisable by it under this Act or rules made thereunder shall in relation
to such matters and subject to such conditions if any, as may be specified in the
direction be exercisable also by such officer or authority
284
* * as may be specified in
the notification.]
SCHEDULE I.
(Section 35)
1. Classification of employees e.g. permanent, temporary, apprentices, probationers,
badlis, etc.
285
[1A. Employee's tickets, cards, registers and service certificates.]
2. Manner of notification to employees of periods and hours or work, holidays, pay
days and wage rates.
3.
286
[Shift working including notice] to be given to employees of starting alteration
or discontinuance of two or more shifts in a department or departments.
4. Closure or reopening of a department or a section of a department or the whole of
the undertaking.
5. Attendance and late coming.
287
[6. Procedure and authority to grant leave.
7. Procedure and authority to grant holidays.]
8. Liability to search and entry into premises by certain gates.
9. Temporary
288
[closures] of work including playing off, and rights and liabilities of
employers and employees arising therefrom.
10. Termination of
289
[employment including notice] to be given by employer and
employee.
11.
290
[Punishment including warning censure, fine, suspension or] dismissal for
misconduct, suspension pending inquiry into alleged misconduct and the acts or
omissions which constitute misconduct.
12. Means of redress for employees against unfair treatment or wrongful exaction on
the part of the employer or his agent or servant.
291
[13. Age for retirement or superannuation.]
SCHEDULE II.
(Section 42)
1. Reduction intended to be of permanent or semi-permanent character in the number
of
292
[posts or persons] employed or to be employed in any occupation or process or
department or departments or in a shift not due to force majeure.
2. Permanent or semi-permanent increase in the number of persons employed or to be
employed in any occupation or process or department or departments.
Delegation of
powers.
Gujarat Industrial Relations Act, 1946
62 of 68
3. Dismissal of any employee except as provided for in the standing orders applicable
under this Act.
4. Rationalisation or other efficiency systems of work
293
[whether by way of]
294. Item 4A was inserted by G.N..E. and L.D. No. KH-SH/1512/BIR-1066(3)-Jh, dated the 30
th
November, 1966.
i
295
[5. All matters pertaining to shift working which are not covered by the standing
orders applicable under this Act.]
6. Withdrawal of recognition to unions of employees.
7. Withdrawal of any customary concession or privilege or change in usage.
8. Introduction of new rules of discipline or alteration of existing rules and their
interpretation, except in so far as they are provided for in the standing orders
applicable under this Act
9. Wages including the period and mode of payment.
10. Hours of work and rest intervals.
296
[11. All matters pertaining to leave and holidays other than those specified in items
6 and 7 in Schedule I].
SCHEDULE III.
(Section 42)
(1) Adequacy and quality of materials and equipment supplied to the workers.
(2) Assignment of work and transfer of workers within the establishment.
(3) Health, safety and welfare of employees (including water, dining sheds, rest
sheds, latrines, urinals, creches, restaurants and such other amenities).
(4) Matters relating to trade union organisation, membership and levies.
(5) Construction and interpretation of
297
* * agreements and settlements.
(6) Employment including—
(i) reinstatement and recruitment;
(ii) unemployment of persons previously employed in the industry concerned.
298
[(7) Payment of compensation for—
(i) closures,
(ii) loss of earnings due to inadequate or bad quality of materials and
equipment supplied to the workers.]
--------------------------
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1946, Pt. V., p. 209;
and for Proceedings in Assembly see Bombay Legislative Assembly Debates, 1946, Vol. IX; and
for Proceedings in Council, see Bombay Legislative Council Debates, 1946 Vol. XI.
Section 6 of Bom. 49 of 1955, reads as follows :--
"6. Notwithstanding anything contained in any judgement, decree or order of a Court, the
amendments made by sections 3 and 4 of this Act shall be deemed to have come into force with
Gujarat Industrial Relations Act, 1946
63 of 68
effect from the date on which the Bombay Industrial Relations Act, came into force:
Bom. XI of 1947
Provided that nothing in this section shall render any person liable to conviction of an offence in
respect of any act committed by him before the date of the coming into force of this Act, if such
act was not an offence under the said Act at aforesaid date, but for the provisions of this section."
Amendment made by sections 3 and 4 to come into force from the date on which principal Act
came into force.
Section 6 of Bom. 49 of 1955, reads as follows :--
"6. Notwithstanding anything contained in any judgement, decree or order of a Court, the
amendments made by sections 3 and 4 of this Act shall be deemed to have come into force with
effect from the date on which the Bombay Industrial Relations Act, came into force:
Bom. XI of 1947
Provided that nothing in this section shall render any person liable to conviction of an offence in
respect of any act committed by him before the date of the coming into force of this Act, if such
act was not an offence under the said Act at aforesaid date, but for the provisions of this section."
Amendment made by sections 3 and 4 to come into force from the date on which principal Act
came into force.
The Bombay Industrial Relations Act, 1946 has been extended to the Saurashtra and Kutch
areas of the State of Gujarat by Bombay Industrial Relations (Gujarat Extension and Amendment)
Act, 1961 (Guj.XX of 1961), s.2. Section 2 of Guj. XX of 1961 reads as follows, namely :--
Bom. XI of 1947.
"2.The Bombay Industrial Relations Act 1946 as in force in the Bombay area of the State of
Gujarat immediately before the commencement of this Act, is hereby extended to the Saurashtra
and Kutch areas of the State of Gujarat.".
Extension of Bom. XI of 1947 to Saurashtra and Kutch areas of State of Gujarat.
Section 3 of Guj. 18 of 1968 reads as under :--
Guj. Ord. No. 2 of 1968. Bom. I of 1904.
"3. The Bombay Industrial Relations (Gujarat Amendment) Ordinance, 1968, is hereby repealed
and the provisions of section 7 and 25 of the Bombay General Clauses Act, 1904 shall apply to
such repeal as if that Ordinance were an enactment."
Repeal of Guj. Ord. No. 2 of 1968.
1a
The word “Gujarat” was substituted for the word “Bombay” by Guj. 15 of 2011, s. 3.
2 Sub-section (1) was substituted for the original by Guj. 20 of 1961, s. 3(a).
3 Sub-section (2) was renumbered as (2) (a) and clause (b) was inserted, by Guj. 20 of 1961, s.
3(b).
The Bombay Industrial Relations Act, 1946 has been extended to the Saurashtra and Hutch areas
of the State of Gujarat by Bombay Industrial relations (Gujarat Extension and Amendment) Act,
1961 (Guj. XX of 1961) s. 2. Section 2 of Guj. XX of 1961 reads as follows, namely :--
Bom. XI of 1947
"2. The Bombay Industrial Relations Act, 1946 as in force in the Bombay area of the State of
Gujarat immediately before the commencement of this Act, is hereby extended to the Saurashtra
and Kutch areas of the State of Gujarat.".
Extension of Bom. XI of 1947 to Saurashtra and Kutch areas of State of Gujarat.
4 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
5 This proviso was added by Bom. 55 of 1949, s.2. Addition of the said proviso shall not affect
any proceedings, other than a proceeding in respect of a reference made by the State Government
or any officer or authority subordinate to it, pending before the Industrial Court or a Labour Court
or the Registrar on the date on which Bom. 55 of 1949 comes into force and to which the Imperial
Bank of India or a banking company referred to in the said proviso is a party, and such proceeding
shall be continued and disposed of, as if Bom. 55 of 1949 had not been passed, (vide s. 20 of Bom.
55 of 1949).
6 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
7 Sub-section (5) was inserted by Guj. 11 of 2004, s. 18, Sch Sr. No.1.
8 Sub-Section (6) was inserted by Guj. 12 of 2005, s. 2.
9 These words were inserted by Bom. 74 of 1948, s. 2(a).
10 These words were substituted for the word "interim or final" by Bom. 55 of 1949, s. 3(1).
11 Clause (8A) was inserted by Bom. 74 of 1948, s. 2(b).
12 Clause (11A) was inserted by Guj. 21 of 1972, s. 2.
13 Clause (13) was substituted for the original by Guj. 8 of 1962, s. 2(i).
14 These words were substituted for the words "dismissed or discharged from employment" by
Guj. 22 of 1966, s. 2(a).
15 These words were substituted for the words "dismissal or discharge", by Guj. 22 of 1966.
16 These words were substituted for the words "Five hundred" by Guj. 22 of 1981, s. 2.
17 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
18 Sub-clause (e) was substituted for the original by Guj. 8 of 1962, s. 2(ii).
19 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
20 These brackets and words were inserted by Guj. 22 of 1966, s. 2(b) (i).
21 These words were added, by Guj. 22 of 1966,s. 2(b) (ii).
22 These words were substituted for the words "two annas", by Guj. 22 of 1966, s.2(c).
23 These words were substituted for the words "per month" by Bom. 63 of 1953, s. 2(2)(a).
24 These words were substituted for the word "months", by Bom. 63 of 1953,s. 2(2)(b).
25 This Explanation was inserted, by Bom. 63 of 1953, s. 2(2)(c).
Gujarat Industrial Relations Act, 1946
64 of 68
26 These words were inserted by Guj. 22 of 1966, s. 2(d).
27 These words were substituted for the words "to act" by Bom. 55 of 1949, s.3 (ii).
28 This portion was added by Bom. 63 of 1953, s. 2(3).
29 Clause (35A) was inserted by Bom. 74 of 1948, s. 2(c).
30 Clause (38A) was inserted by Bom. 43 of 1948, s. 2.
31 These figures and letters were substituted for figures and letter "86A" by Guj. 8 of 1962, s.
2(iii).
32 Sub-clause (vi) was substituted for the original by Guj. 22 of 1966, s. 2(e).
33 This word was substituted for the word "Provincial" by the Adaptation of Laws order, 1950.
34 These words were substituted for the words "Bombay area of the State of Gujarat" by Guj. 20
of 1961, s.4.
35 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
36 Sections was renumbered as sub-section (1) of that section by Guj. 22 of 1981, s. 3(1).
37 These words were substituted, by Guj. 22 of 1981.
38 Sub-section (2) was substituted for the proviso, by Guj. 22 of 1981, s. 3 (2).
39 This portion was substituted and shall be deemed always to have been substituted for the words
" who is connected with any industry" by Bom. 35 of 1956, s.2.
40 These Words were inserted by Guj. 8 of 1962, s.3.
41 This proviso was inserted by Guj. 8 of 1962, s. 3.
42 These words were substituted for the words "three month next preceding the date of its so
applying" by Bom. 63 of 1953, s.3.
43 These words were substituted for the words "not less than fifteen per cent." by Guj. 22 of 1966,
s.3 (a)
44 Sub-section (4) was added by Guj. 22 of 1966, s. 3 (b).
45 This portion was substituted for the third proviso by Guj. 8 of 1962, s. 4.
46 This portion was added by Bom. 74 of 1948, s. 3.
47 These words were inserted by Bom. 63 of 1953, s. 4(1).
48 This words were substituted for the word "months" by Bom. 63 of 1953, s. 4(2).
49 These words were substituted for the words "at the time of the cancellation is", by Bom. 63 of
1953., s. 43.
50 These words were substituted for the original by Bom. 74 of 1948, s. 4.
51 These words were inserted by Guj. 22 of 1966, s. 4 (i).
52 These words were substituted for the words "one month" by Bom. 63 of 1953, s. 5(1).
53 This proviso was added by Guj. 22 of 1966, s. 4(ii).
54 These words were substituted for the words "three months immediately preceding the date of
the application" by Bom. 63 of 1953, s. 5(2).
55 These words were added by Guj. 8 of 1962, s. 5.
56 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
57 The words "cancelling registration" were deleted by Guj. 22 of 1966, s.5.
58 These words were substituted for the words " four annas" by Guj. 22 of 1966, s. 6 (a) (i).
59 Clause (v) was substituted by Guj. 22 of 1966, s. 6(a) (ii).
60 Clause (vii) was deleted by Guj. 8 of 1962, s. 6(1)(ii).
61 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
62 These words were substituted for the words " two annas" by Guj. 22 of 1966, s. 6 ( b).
63 These words were substituted for the word "four annas", by Guj. 22 of 1966.
64 These provisos were added by Guj. 8 of 1962, s. 6 (2).
65 These words were inserted by 22 of 1966, s. 6(c) (i).
66 These words were added by Bom. 63 of 1953, s. 6.
67 This portion was added at the end by Guj. 8 of 1962, s. 6(3).
68 This proviso was added by Guj. 22 of 1966, s. 6 (c) (ii).
69 Section 23A was inserted by Bom. 63 of 1953, s. 7.
70 This portion was substituted for the words "shall be deemed to be the approved union" by Guj.
8 of 1962, s. 7.
71 This word was added at the end of s. 24(ii), by Guj. 8 of 1962, s. 8.
72 Clause (iii) was inserted, by Guj. 8 of 1962, s.8.
73 Section 24A was inserted, by Guj. 8 of 1962, s. 9.
74 These words were substituted for the original by Bom. 43 of 1948, s. 3.
75 These words were inserted by Bom 63 of 1953, s. 8.
76 This words was substituted for the words "Provincial" by the Adaptation of Laws Order, 1950.
77 Clause (d) was inserted by Guj. 8 of 1962, s. 10.
78 These words were inserted by Bom. 74 of 1948, s. 6.
79 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
80 These words were inserted by Guj. 8 of 1962, s. 11(i).
81 These words were inserted by Guj. 22 of 1966, s. 7.
82 Sub-sections (4) and (5) were inserted by Guj. 8 of 1962, s. 11(ii).
83 Section 27A was inserted by Bom. 55 of 1949, s. 4.
84 These words and figures were substituted for the words and figures "sections 32 and 33" by
Guj. 20 of 1972, s. 2.
85 Section 27B was inserted by Guj. 8 of 1962, s. 12.
86 These words were substituted for the words "twelve months" by Bom. 74 of 1948, s. 7.
87 These words, figures and letter were substituted for the words "The following shall be entitled
to appear or act" by Guj. 20 of 1972, s. 3.
88 These words were substituted for the words "to act" by Bom. 55 of 1949, s. 5.
89 Section 31 was substituted for the original by Bom. 63 of 1953, s. 9.
Gujarat Industrial Relations Act, 1946
65 of 68
90 Section 32 was substituted for the original by Bom. 55 of 1949, s. 7.
91 These words, figures and letter were substituted for the words "Provided that" by Guj. 20 of
1972, s. 4(a).
92 These brackets and words were inserted, by Guj. 20 of 1972, s. 4 (b).
93 These words were inserted by Bom. 43 of 1948, s. 4(a).
94 Clause (aa) was inserted, by Bom. 43 of 1948, s. 4 (b).
95 These words were inserted by Bom. 74 of 1948, s. 8(a).
96 These portion was inserted, by Bom. 74 of 1948, s. 8 (b).
97 These words and figures "or for deciding any industrial disput referred to it under section 72"
were deleted by Guj. 20 of 1972, s. 5(a).
98 These words, figures and letter were inserted by Bom. 55 of 1949 s. 8(i).
99 These words were substituted for the words "Representation of, by Guj. 20 of 1972, s. 8 (iii).
100 This proviso was added by Bom. 55 of 1949, s. 8(ii).
101 These words, figures and letter were substituted for the words "Provided further that" by Guj.
20 of 1972, s. 5(b) (i).
102 These brackets and words were inserted, by Guj. 20 of 1972, s.5 (b) (ii).
103 Section 33A was inserted by Guj. 20 of 1972, s. 6.
104 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
105 These words were substituted for the words "Representative Union" by Bom. 43 of 1958, s. 5.
106 These words were substituted for the words "except at the request of the union" by Guj. 20 of
1972, s. 7.
107 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
108 This proviso was added by Bom. 63 of 1953, s. 10.
109 This words was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
110 These words were inserted by Bom. 63 of 1953, s. 11.
111 These words were inserted by Bom. 43 of 1948, s. 6(a).
112 This word was substituted for the word "his", by Bom. 43 of 1948, s. 6(b).
113 Sub-sections (/) and (2) were substituted for the original by Bom. 74 of 1948, s. 9.
114 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
115 Sections 44A and 44B were inserted by Bom. 63 of 1953, s. 12.
116 Clause (ai) was inserted by Bom. 63 of 1953, s. 13 (a).
117 Clause (ii) was substituted for the original, by Bom. 63 of 1953, s. 13(b).
118 Clause (v) was inserted by Bom. 43 of 1948, s. 7 (i).
119 These words were substituted for the original, by Bom. 43 of 1948, s. 7 (ii).
120 These words were substituted for the original, by Bom. 43 of 1948, s. 7 (iii).
121 These words were inserted by Bom. 55 of 1949, s. 9.
122 These words were substituted for the original by Bom 43 of 1948, s. 8(i).
123 These words were inserted, by Bom. 43 of 1948, s. 8(ii).
124 This portion was added, by Bom. 43 of 1948, s. 8(iii).
125 This portion was inserted by Bom. 43 of 1948, s. 9(i).
126 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
127 Sub-section (3) was substituted for the original by Bom. 43 of 1948, s. 9 (ii).
128 These words were inserted by Bom. 47 of 1948, s. 10.
129 This portion was inserted by Bom. 43 of 1948, s. 10.
130 This portion was added by Born. 63 of 1953, s. 14.
131 Chapter IXA was inserted by Guj. 21 of 1972, s. 3.
132 These words were substituted for the word "forthwith" by Bom. 63 of 1953, s. 15 (1).
133 These words were substituted for the words "the date of such receipt", by Bom. 63 of 1953, s.
15 (2).
134 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
135 Sub-section (4A) was inserted by Bom. 74 of 1948, s. 11.
136 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
137 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
138 These provisos were added by Bom. 63 of 1953, s. 16 (1).
139 Sub-section (3) was inserted, by Bom. 63 of 1953, s. 16(2).
140 This Explanation was added by Bom. 74 of 1948, s. 12.
141 This word and figures were substituted for figures, word and letter "73 or 73A" by Bom. 63 of
1953, s. 17.
142 These words, figures and letter were inserted by Guj. 8 of 1962, s. 13 (i).
143 These words were inserted by Bom. 55 of 1949, s. 10(i).
144 These figures, word and letter were substituted for the word and figures "or 73", by Bom. 55
of 1949, s. 10 (ii).
145 These words, figures and letters were inserted by Guj. 8 of 1962, s. 13 (ii).
146 These proviso was added by Born. 43 of 1948, s. 12.
147 Section 68 was substituted for the original by Guj. 22 of 1966, s. 8.
148 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
149 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
150 Section 73AA was inserted by Guj. 22 of 1966, s. 9.
151 Section 73A was substituted for the original by Bom. 63 of 1953, s. 18.
152 These words, figures and letter were substituted for the words "The award shall" by Guj. 22
Gujarat Industrial Relations Act, 1946
66 of 68
of 1966, s. 10.
153 Section 76A was inserted by Bom. 43 of 1948, s. 14.
154 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
155 This word was substituted for the word "decision" by Bom. 55 of 1949, s. 11.
156 This paragraph was substituted for the original by Bom. 63 of 1953, s. 19.
157 These words were inserted by Bom. 74 of 1948, s. 13.
158 These words were inserted by Bom. 43 of 1948, s. 15.
159 These words were substituted for the words "three months" by the Guj. 22 of 1966, s. 11.
160 These words were substituted for the words "or lock-out" by the Bom. 74 of 1948, s. 14.
161 These provisos were added by the Bom. 55 of 1949, s. 12.
162 Sections 80 to 80D were substituted for the original section 80 by Pom. 49 of 1955, s. 2.
163 These words were substituted for the words "by the person affected of acts of constituting
such offence" by Bom. 55 of 1949, s. 13.
164 These words were inserted by Guj. 8 of 1962, s. 14.
165 These words were inserted for the word "of a Presidency Magistrate in Greater Bombay and a
Magistrate of First Class elsewhere" by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
166 Section 83A was inserted by Bom. 55 of 1949, s. 14.
167 These words were substituted for the words "or lock-out" by Bom. 74 of 1948, s. 15.
168 This words was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
169 Section 85 was renumbered as sub-section (7) of that section and after that sub section (1),
sub-section (2) was inserted by Guj. 8 of 1962, s. 15.
170 Section 86A was inserted, by Guj. 8 of 1962, s. 16.
171 Chapters XIIA and XIIB were inserted by Bom. 43 of 1948, s. 16.
172 Section 86A of the principal Act, was renumbered as section '86AA' by Guj. 8 of 1962, s. 17.
173 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
174 These words were substituted for the words "Bombay area of the State of Gujarat" by Guj. 20
of 1961, s. 6.
175 This word, figures and letters were inserted by Bom. 63 of 1953, s. 20.
176 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
177 Section 86CC was inserted by Bom. 63 of 1953, s. 21.
178 These word, figures and letters were inserted, by Bom. 63 of 1953 s. 22.
179 Section 86EE was inserted by Bom. 74 of 1948, s. 16.
180 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
181 Sub-section (4) was added by Bom. 74 of 1948, s. 17.
182 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
183 Section 86KK was inserted by Bom 74 of 1948, s 13.
184 This portion was substituted for the words and figures "section 72 or 73" by Bom. 55 of
1949, s.15.
185 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
186 These words were substituted for the words "Bombay area of the State of Gujarat' by Guj. 2 of
1961, s.7.
187 These figures, letter and word were substituted for the figures and word "20 or 44" by Guj. 8
of 1962, s 1949, s. 18(i).
188 These figures, word and letter were substituted for the word and figures " or 73" by Bom. 74
of 1948, s. 19 (a).
189 Sub-clause (viiia) was inserted by Guj. 8 of 1962, s. 18(ii).
190 Sub-clause (ixa) was inserted by Bom. 74 of 1948, s. 19(b).
191 Clause (c) was inserted by Bom. 40 of 1948, s. 17.
192 These words were substituted for the words "High Court of Judicature at Bombay" by the
Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
193. Sub-section (1) was inserted by Bom. 40 of 1948. s. 18 (1).
194 The original sub-sections (1) and (2) were re-numbered as sub-sections (2) and (3)
respectively, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960, s.
18 (2).
195 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
196 These words were inserted by Guj. 8 of 1962, s. 19.
197 The words "or where such place is within the local limits of the ordinary civil jurisdiction of
the High Court before the Court of Small Causes of Bombay" were deleted by the Gujarat
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
198 Clause (a) was substituted for the original by Guj. 22 of 1966, s. 12.
199 This marginal note was substituted, for the original by Bom. 43 of 1948, s. 19.
200 Sub-section (1) was inserted, by Bom. 43 of 1948.
201 These words were inserted by Guj. 22 of 1966, s. 13.
202 The original section 95 was re-numbered as sub-section (2) of that section by Bom. 43 of
1948, s. 19.
203 Section 95A was inserted by Bom. 74 of 1948, s. 20.
204 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
205 This portion was added by Bom. 63 of 1953, s. 23 (1).
206 These figures, word and letter were substituted for the word and figures "or 73", by Bom. 63
of 1953, s. 23 (2).
207 These words were substituted for the word "award" by Bom. 43 of 1948, s. 20.
208 Clauses (j) and (k) were inserted, by Bom. 43 of 1948.
Gujarat Industrial Relations Act, 1946
67 of 68
209 Sub-section (1A) was inserted by Guj. 18 of 1968, s. 2.
210 Section 97A was inserted by Bom. 74 of 1948, s. 21.
211 These words were substituted for the words "Provincial Government" by Bom. 55 of 1949, s
16.
212 This word was substituted for the words "Provincial" by the Adaptation of Laws Order, 1950.
213 This portion was added by Bom. 63 of 1953, s. 24 (1).
214 These figures, word and letter were substituted for the word and figures "or 73", by Bom. 63
of 1953, s. 24(2).
215 These words were substituted for the word "award" by Bom. 43 of 1948, s. 21.
216 Clauses (i) and (j) were inserted, by Bom. 43 of 1948.
217 Section 98A was inserted by Bom. 74 of 1948, s. 22.
218 These words were substituted for the words "Provincial Government" by Bom. 55 of 1949, s.
16.
219 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
223 These words were substituted for the words "or lock-out", by the Adaptation of Laws Order,
1950, s. 23 (c).
220 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
221 These words were substituted for the original by Bom. 74 of 1948, s. 23(a).
222 Sub-section (3) was added, by Bom. 74 of 1948, s. 23 (b).
224 Sub-section (4) was added by Guj. 22 of 1966, s. 14.
225 These words were inserted by Bom. 63 of 1952, s. 25(1).
226 These words were inserted by Bom. 74 of 1948, s. 24.
227 The words and figures "relating to any matters specified in Schedule I, II or III" were deleted
by Bom. 63 of 1953, s. 25 (2).
228 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
232 These words were inserted, by the Adaptation of Laws Order, 1950, s. 25 (d).
229 These words were inserted by Bom. 74 of 1948, s. 25(a).
230 These words were inserted, by Bom. 74 of 1948, s. 25 (b).
231 These words were inserted, by Bom. 74 of 1948, s. 25 (c).
237 These words were inserted, by Bom. 74 of 1948, s. 26 (e).
233 These words were inserted, by Bom. 74 of 1948, s. 26 (a).
234 These words were inserted, by Bom. 74 of 1948, s. 26 (b).
235 These words were inserted, by Bom. 74 of 1948, s. 26 (c).
236 These words were substituted, for the original, by Bom. 74 of 1948, s. 26 (d).
240 These words were substituted for the original, by Bom. 74 of 1948, s. 27 (d).
238 These words were inserted, by Bom. 74 of 1948, s. 27 (a).
239 These words were inserted, by Bom. 74 of 1948 s. 27 (b).
241 These words were substituted for the words "or lock-out" by Bom. 74 of 1948, s. 27 (c).
242 Section 106A was inserted by Bom. 43 of 1948, s. 22.
243 Section 106B was inserted by Guj. 21 of 1972, s. 4.
244 These words, brackets and figures were inserted by Guj. 8 of 1962, s. 20.
245 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
246 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
247 Section 113A was inserted by Bom. 63 of 1953, s. 26.
248 This portion was substituted for the original by Bom. 49 of 1955, s. 3.
249 These words were inserted by Guj. 8 of 1962, s. 21.
250 This word was substituted for the words "Provincial" by the Adaptation of Laws Order, 1950.
251 These words were substituted for the original by Bom. 43 of 1948, s. 23.
252 This portion was substituted for the original by Bom. 49 of 1955, s. 4.
253 Section 115A was inserted by Bom. 55 of 1949, s. 18.
254 Section 115B was inserted by Guj. 8 of 1962, s. 22.
255 These words were inserted by Bom. 55 of 1949, s. 19 (i)(a).
256 This portion was added, by Bom. 55 of 1949, s. 19(i)(b).
257 Sub-section (4A) was inserted by Bom. 8 of 1962, s. 23.
258 These words were inserted by Bom. 55 of 1949, s. 19(ii).
259 Section 116A was inserted by Bom. 74 of 1948, s. 28.
260 These words were added by Guj. 8 of 1962, s. 24.
261 These words were inserted by Bom. 43 of 1948, s. 24.
262 Sub-section (4) was added by Bom. 63 of 1953, s. 27.
263 Section 118A was inserted by Bom. 43 of 1948, s. 25.
264 Section 118B was inserted by Guj. 22 of 1966, s. 15.
265 This words were inserted by Bom. 43 of 1948, s. 26.
266 Sections 119A and 119B were inserted, by Bom. 43 of 1948, s. 27.
267 These words were inserted by Bom. 63 of 1953, s. 28.
268 Sections 119C, 119D and 119E were inserted by Bom 63 of 1953, s 29.
269 Section 120A was inserted by Guj. 20 of 1961, s.3.
270 Section 121 was substituted for the original by Guj. 22 of 1966, s. 16.
271 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
272 These words, brackets and figures were inserted by Guj. 22 of 1966, s. 17(i).
273 These words were inserted by Bom. 63 of 1953, s. 30(1).
274 These words were inserted by Bom. 43 of 1948, s. 28(i).
275 Clauses (na), (nb) and (nc) were inserted by Bom. 49 of 1955, s. 5.
276 These figures and word were substituted for the figures and word "III and IV" by Guj. 22 of
1966, s. 17(ii).
Gujarat Industrial Relations Act, 1946
68 of 68
277 This portion was substituted for the original by Bom. 43 of 1948, s. 28(ii).
278 Clauses (y-a), (y-b), (y-c), (y-d) and (y-e) were inserted by Guj. 21 of 1972, s. 5.
279 Clauses (aha) and (ahb) were inserted by Bom. 43 of 1948, s. 28 (iii).
280 These words were inserted, by Bom. 43 of 1948, s. 28 (iv).
281 These words, brackets and figures were substituted for the words and figures "of section 118"
by Bom. 63 of 1953, s. 30(2).
282 Sub-section (4) was inserted by Guj. 20 of 1961, s. 9.
283 Section 124 was inserted by Guj. 8 of 1962, s. 26.
284 The words "subordinate to it" were deleted by Guj. 22 of 1966, s. 18.
285 This item was inserted by G.N., Lab. D., No. 22/48-I, dated the 17th September, 1948.
286 These wards were substituted for the word "Notice" by G.N., Lab. D., No. 22/48-I, dated the
17th September, 1948.
287 Items 6 and 7 were substituted for the original by G.N.,D.D., No. 1937/46, dated the 23rd
October, 1952.
288 This word was substituted for the word "stoppages" by G. N., Lab. and H. D., No. 717/48,
dated the 17th May, 1950.
289 These words were substituted for the words "employment; notice" by G. N., Lab. D., No.
22/48-I, dated the 17th September, 1948.
290 These words were substituted for the words "Suspension or" by G. N., Lab. and H. D., No.
22/48, dated the 11th April, 1950.
291 Item 13 was added by G.N.,D.D., No. BIR, 1055, dated the 19th May, 1956.
292 These words were substituted for the words "persons" by G.N..E. and L.D. No. Kh-SH/1512
BIR-1066 (3)-Jh, dated the 30th November, 1966.
293 These words were added by G.N..D.D., No. 1287/48, dated the 7th December, 1953.
294. Item 4A was inserted by G.N..E. and L.D. No. KH-SH/1512/BIR-1066(3)-Jh, dated the 30th
November, 1966.
295 Item 5 was substituted for the original by G. N., Lab. D., No. 22-48-I, dated the 17th
September, 1948.
296 Item 11 was inserted by G.N..D.D., No. 1237/46, dated the 28th February, 1953.
297 The word "awards" was deleted by Guj. 8 of 1962, s. 27.
298 This item was substituted by G.N., E. and L.D. No. KH-SH/1512/BIR-1066 (3)-Jh, dated the
30th November, 1966.