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State of Rajasthan - Section

Section 2 in The Collection of Statistics (Work Stopages Resulting from Industrial and Labour Disputes) Rules, 1968

2. Definitions.

- In these rules, unless there is anything repugnant in the subject or context,-
(i)"Industrial dispute" means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or with conditions of labour of any person.
(ii)"Work-stoppage" means stoppage of normal activity in a unit as a result of which the persons employed in a unit are forced to remain away from their usual duties. These are of two kinds: (i) due to industrial disputes, sympathetic and political strikes/ lockouts which may be due to the initiative from the employers (lockouts) or the employees (strikes) and (ii) due to reasons other than industrial disputes, e.g. due to shortage of power; fuel or raw materials, breakdown of machinery, accumulation of stocks, civil commotion, fire or catastrophe or any other similar cause beyond the control of the owners and workers.
The "Strikes" and "lockouts" enumerated above inter alia means such cases as :-
(a)"Strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerned refusal, or a refusal under the common undertaking of any number of persons who are or have been so employed to continue to work or to accept employment;
(b)"Lockout" means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;
(iii)"Owner" means the person who, or the authority which has the ultimate control over the affairs of the concern employing 10 or more workers either directly or through any agency and where the said affairs are entrusted to a Manager, Managing Director or Manging Agent, such Manager, Managing Director, or Managing Agent shall be deemed to be the owner of the concern;
(iv)"Form" means a form specified in Schedule II;
(v)"Industry" means any kind of economic activity and includes agriculture, forestry, hunting and fishing, mining and quarrying, manufacturing, construction, electricity, gas, water and sanitary services, commerce, transport, storage and communications, and services such a community and business services including educations, medical and health services, legal services, etc., recreaction services and personal services and others, as appended in Annexure I. ,The term "industrial establishment" shall be construed accordingly;
(vi)"Schedule" means a schedule to these rules;
(vii)"Trade Union" means a trade union as defined under the Trade Unions Act, 1926;
(viii)"Statistics Authority" means a statistics authority appointed by the State Government under Section 4 of the Collection of Statistics Act (No. 32 of 1953) for the purpose;
(ix)"Worker" means a person employed (including wage-earner, salaried employee and paid apprentice) to do any work directly or through any agency for hire or reward and includes a person who has been dismissed or discharged as a consequence of participation in the work-stoppage under consideration;
(x)"Code of Discipline" means a code evolved unanimously by the Indian Labour Conference in May, 1958 and as appended to the rules;
(xi)"Implementation Machinery" means the machinery entrusted with the task of implementation of the Code of Discipline both at Centre and the State/Union territories.