Section 3 in The Gujarat Industrial Relations Act, 1946
3. Definitions.
- 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, [a Wage Board] [These words were inserted by Bombay 74 of 1948, section 2(a).] 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 [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under section 27;(6)"award" means any [interim, final or supplementary] [These words were substituted for the word 'interim or final' by Bombay 55 of 1949, section 3(1).] 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,(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;] [Clause (8A) was inserted by Bombay 74 of 1948, section 2(b).](9)"Commissioner of Labour" means an officer appointed by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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 Conciliation or a Board under this Act;(11)"Conciliator" means any Conciliator appointed under this Act and includes the Chief Conciliator or a Special Conciliator;(11A)[ "Council" means a Joint Management Council for any undertaking constituted under section 53A] [Clause (11A) was inserted by Gujarat 21 of 1972, section 2.];(12)"Court of Enquiry" means a Court constituted under section 100;(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 or implied, and includes- [Clause (13) was substituted for the original by Gujarat 8 of 1962, s.2(i).](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 [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 [dismissal, discharge, retrenchment or, as the case may be, termination from employment,] [These words were substituted for the words 'dismissal or discharge' by Gujarat 22 of 1966, section 2(a)]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 [one thousand] [These words were substituted for the words 'Five hundred' by Gujarat 22 of 1981, section 2.] 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 [State] [This word was substituted for the word 'Provincial' by the Adptation of Laws Order, 1950.] 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;(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;] [Sub-clause (e) was substituted for the original by Gujarat 8 of 1962, section 2(ii).](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 employer 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 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 [State] [This word was substituted for the word 'Provincial' by the Adptation of Laws Order, 1950.] 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 [(including the entire State)] [These brackets and words were inserted by Gujarat 22 of 1966, section 2(b) (i).] notified as a local area for the purposes of this Act [or for different industries] [These words were added, by Gujarat 22 of 1966, section 2(b) (ii).];(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 [twenty-five paise] [These words were substituted for the words 'two annas', by Gujarat 22 of 1966, section 2(c)] [per calendar month] [These words were substituted for the words 'per month' by Bombay 63 of 1953, section 2(2)(a).]:Provided that no person shall at any time be deemed to be member if his subscription is in arrears for a period of three [calendar months] [These words were substituted for the word 'months', by Bombay 63 of 1953, section 2(2)(b).] or more next preceding such time;][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;] [This Explanation was inserted, by Bombay 63 of 1953, section 2(2)(c).](26)"occupation" means such section of an undertaking as is recognised under section 11 to be an occupation;(27)"prescribed" means 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 union registered under this Act,(31)"Registrar" means person for the time being appointed to be the Registrar of Unions under this Act; and includes [an Additional Registrar, and] [These words were inserted by Gujarat 22 of 1966, Section 2(s)] 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 [to appear or act] [These words were substituted for the words 'to act' by Bombay 55 of 1949, section 3(ii)] 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; [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;] [This portion was added by Bombay 63 of 1953, section 2(3).](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 undertaking of employees to continue to work or to accept work, where such cessation or refusal is or not in consequence of an industrial dispute;] [Clause (35A) was inserted by Bombay 74 of 1948, s.2(c).](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 undertaking 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; (XVI of 1926.)(38A)[ "Wage Board" means a Wage Board constituted under section [86AA] [Clause (38A) was inserted by Bombay 43 of 1948, section 2.];(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, allowance (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 special expenses entailed on him by the nature of his employment;(vi)[ gratuity payable, if any.] [Sub-clause (vi) was substituted for the original by Gujarat 22 of 1966, section 2(e).]
