Section 2 in The M.P. Industrial Relations Act, 1960
2. Definitions.
- In this Act, unless the context otherwise requires,-(1)[ "approved list" and "approved union" shall have the meanings assigned to them in the Indian Trade Unions Act, 1926 (XVI of 1926), as in force in Madhya Pradesh;] [Inserted by M.P. Act No. 11 of 1980 (w.e.f. 7-8-1980).](2)"arbitration proceeding" means-(i)any proceeding under this Act before an arbitrator; or(ii)any proceeding in arbitration before a Labour Court, the Industrial Court or a Board;(3)"arbitrator" means an arbitrator to whom a dispute is referred for arbitration under this Act and includes an umpire;(4)"association of employers" means any combination of employers recognised by the State Government under Section 24;(5)"award" means any interim, final or supplementary determination in an arbitration proceeding of any industrial dispute or of any question relating thereto;(6)"Board" means a Board of Arbitration constituted under Section ii;(7)"change" means an alteration in an industrial matter;(8)"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 the Commissioner of Labour appointed under sub-section (1) of Section 3;(10)"Conciliation proceeding" means any proceeding held by a Conciliator under this Act;(11)"Conciliator" means any conciliator appointed under Section 4 and includes the Chief Conciliator;(12)"Court of Enquiry" means a Court constituted under Section 79;(13)"Employee" means any person employed in any industry to do any skilled, unskilled, manual supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and includes-(a)a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) of clause 14; and(b)an apprentice other than an apprentice under sub-clause (v); but does not include any person-(i)who subject to the Army Act, 1950 (XLVI of 1950), or the Air Force Act, 1950 (XLV of 1950), or Navy Discipline Act, 1957 (62 of 1957); or(ii)who is employed in the Police Service or as an Officer or other employee of a prison; or(iii)who is employed mainly in a managerial capacity; or(iv)[ who being employed in a supervisory capacity draws wages exceeding one thousand and six hundred rupees per mensem; or] [Substituted by M.P. Act No. 41 of 1981 (w.e.f. 26-1-1982).](v)who is a craftsman or an apprentice working under a scheme approved by the State Government on the condition that such craftsman or apprentice shall not be deemed to be an employee under this Act;Explanation. - An employee who has been dismissed, discharged or retrenched from the employment or whose employment has been otherwise terminated shall, in respect of matters relating to such dismissal, discharge, retrenchment or termination, be deemed to be an employee for the purpose of this Act;(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 [Central Government] [Substituted by Section 4 of M.P. Act No. 16 of 2000.], 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 contracts with any person for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the undertaking, the owner of the undertaking;(15)"illegal change" means an illegal change within the meaning of Section 34;(16)"Industrial Court" means the Court constituted under Section 9;(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 employees or employers, or the mode, terms and conditions of employment or refusal to employ and includes-(i)all matters pertaining to-(a)the relationship between employers and employees;(b)the dismissal or non-employment of any person;(c)the demarcation of function of any employees or classes of employees;(d)any right or claim under or in respect of or concerning a registered agreement or a submission, settlement or award made under this Act; and(ii)all questions of what is fair and right in relation to any such matter having regard to the interest of the person immediately connected and of the community as a whole;(19)"industry" means-(a)any business, trade, manufacture, undertaking or calling of employers;(b)any calling, service, employment, handicraft, or industrial occupation or a vocation of employees; and includes-(i)agriculture and agricultural operations;(ii)any branch of an industry or group of industries which the State Government may, by notification, declare to be an industry for the purposes of this Act;(20)"Joint Committee" means a joint committee constituted under Section 36;(21)"Labour Court" means a Labour Court constituted under Section 8;(22)"Labour Officer" means a Labour Officer appointed under subsection (1) of Section 6 and includes a Deputy Labour Officer while exercising the powers and performing the duties of a Labour Officer as may be assigned to him by the Commissioner of Labour under sub-section (3) of Section 6;(23)"local area" mean any area notified as a local area for any or all industries and for all or any of the purposes of this Act:Provided that such area shall not comprise of more than one revenue district :[Provided further that such area may, for reasons to be recorded in writing, comprise of more than one revenue district including the entire State.] [Inserted by M.P, Act No. 46 of 1976.](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 total or partial refusal by an employer to continue to employ persons employed by him where such closing, suspension or refusal occurs in consequence or in anticipation 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 of his other employees, 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 [one rupee] [Substituted by M.P. Act No. 41 of 1981.] per month :Provided that no person shall at any time be deemed to be a member if his subscription is in arrears for a period of two months or more next preceding such time;Explanation. - A subscription for a particular month shall, for the purposes of this clause, be deemed to be in arrears it such subscription is not paid by the end of the month in respect of which it is due;(26)"Registrar" means the Registrar appointed under Section 5 and if no such person is appointed, the Registrar of Trade Unions under the Indian Trade Unions Act, 1926 (XVI of 1926), and includes an Assistant Registrar while exercising such powers and performing such duties of the Registrar as may be conferred or imposed on him by or under this Act;(27)"Representative of employees" means a representative of employees entitled to appear or act as such under Section 27;(28)"Representative Union" means a union tor the time being recognised as a Representative Union under this Act;(29)"settlement" means a settlement arrived at during the course of conciliation proceedings under this Act;(30)"standing orders" means standing orders as defined in [the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (No. 26 of 1961);] [Substituted by M.P. Act No. 4 of 1963.](31)"stoppage" means a total or partial cessation of work by the employees 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, whether such cessation or refusal is or is not in consequence of an industrial dispute;(32)"strike" means a total or partial cessation of work by the employees 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 in consequence or in anticipation of an industrial dispute;(33)"undertaking" means a concern in any industry;(34)"union" means a Trade Union of Employees which is registered under the Indian Trade Unions Act, 1926 (XVI of 1926);(35)"wages" means remuneration of all kinds capable of being expressed in terms of money and payable to the 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 any other amenity or service;(iii)any wages payable for the period of leave;(iv)any compensation payable for lay-off or retrenchment;(v)any contribution by the employer to any social security scheme, pension or provident fund;(vi)any gratuity payable on discharge;(vii)any travelling allowance or value of any travelling concession;(viii)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; and(ix)any amount payable to an employee under any law for the time being in force for the protection of rights of employees or for regulating their relations with the employers, or under any award, settlement or agreement.
