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[Cites 0, Cited by 7899] [Entire Act]

Union of India - Section

Section 2 in The Industrial Disputes Act, 1947

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context,-
(a)"appropriate Government" means-
(i)in relation to any industrial dispute concerning [* * *] [ Certain by Act 36 of 1964, Section 2 (w.e.f. 19.12.1964).] any industry carried on by or under the authority of the Central Government [* * *] [ The words " by the Federal Railway Authority" omitted by A.O. 1948.]
or by a railway company [or concerning any such controlled industry as may be specified in this behalf by the Central Government] [ Inserted by Act 65 of 1951, Section 32.][* * *] [ The words " operating a Federal Railway" omitted by A.O. 1950.] or in relation to an industrial dispute concerning [[[***] [Inserted by Act 47 of 1961, Section 51 and Sch. II, Pt. III (w.e.f. 1.1.1962). ] [a Dock Labour Board established under section 5-A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948)] [Substituted by Act 46 of 1982, Section 2, for certain words (w.e.f. 21.8.1984). ],or [the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956)] [ Substituted by Act 24 of 1996, Section 2, for " the Industrial Finance Corporation of India established under section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948)" (w.r.e.f. 11.10.1995).],or the Employees 'State Insurance Corporation established under section 3 of the Employees 'State Insurance Act, 1948 (34 of 1948),or the Board of Trustees constituted under section 3-A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948),or the Central Board of Trustees and the State Boards of Trustees constituted under section 5-A and section 5-B, respectively, of the Employees 'Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), [* * *] [ The words and figures " or the Indian Airlines' and 'Air India' Corporations established under section 3 of the Air Corporation Act, 1953 (27 of 1953)" omitted by Act 24 of 1996, Section 2 (w.r.e.f. 11.10.1995).],or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956),or [the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)] [ Substituted by Act 24 of 1996, Section 2, for " the Oil and Natural Gas Commission established under section 3 of the Oil and Natural Gas Commission Act, 1959 (43 of 1959)" (w.r.e.f. 11.10.1995).],or the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961),or the Central Warehousing Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962),or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963,or the Food Corporation of India established under section 3,or a Board of Management established for two or more contiguous States under section 16 of the Food Corporations Act, 1964 (37 of 1964),or [the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994 (55 of 1994)] [ Substituted by Act 24 of 1996, Section 2, for " the International Airports Authority of India constituted under section 3 of the International Airports Act, 1971 (43 of 1971)" (w.r.e.f. 11.10.1995).],or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976),or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India Limited, [the National Housing Bank established under section 4 of the National Housing Bank Act, 1987 (53 of 1987)] [ Inserted by Act 53 of 1987, Section 56 and Sch. II, Pt. III (w.e.f. 9.7.1988). ],[or an air transport service,or a banking or an insurance company] [ Substituted by Act 24 of 1996, Section 2, for " a banking or an insurance company" (w.r.e.f. 11.10.1995).][, a mine, an oil-field] [Substituted by Act 54 of 1959, Section 3, for " a mine oil-field" . ] [a Cantonment Board,] [ Inserted by Act 36 of 1964, Section 2 (w.e.f. 19.12.1964). ] or a [major port, any company in which not less than fifty-one percent of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government, and] [Substitution for the words 'major port, the Central Government, and' by Act 24 of 2010 (w.e.f. 18.8.2010) ]
(ii)[ in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government: [Substituted by Act 24 of 2010 (w.e.f. 18.8.2010) ]
Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment.]
(aa)[ "arbitrator" includes an umpire; ] [Inserted by Act 36 of 1964, Section 2 (w.e.f. 19.12.1964). ]
[[(aaa)] [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]["average pay" means the average of the wages payable to a workman- [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]
(i)in the case of monthly paid workman, in the three complete calendar months,
(ii)in the case of weekly paid workman, in the four complete weeks,
(iii)in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;]
(b)[ "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10-A;] [ Substituted by Act 36 of 1956, Section 3, for Cl. (b)(w.e.f. 10.3.1957).]
(bb)[ "banking company" means a banking company as defined in section 5 of the [Banking Companies Act, 1949 (10 of 1949)] [ Substituted by Act 38 of 1959, Section 64 and Sch. III, Pt. II, for Cl. (bb). Earlier Cl. (bb) was inserted by Act 54 of 1949, Section 3.] , having branches or other establishments in more than one State, and includes [the Export-Import Bank of India,] [ Inserted by Act 28 of 1981, Section 40 and Sch. II, Pt. II (w.e.f.1.1.1982).] [the Industrial Reconstruction Bank of India,] [ Inserted by Act 62 of 1984, Section 71 and Sch. III, Pt. II (w.e.f. 20.3.1985). ] [* **] [ The words " the Industrial Bank of India" omitted by Act 53 of 2003, Section 12 and Sch. (w.e.f. 2.7.2004).], [the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989)] [ Inserted by Act 39 of 1989, Section 53 and Sch. II.] the Reserve Bank of India, the State Bank of India, [a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), ] [ Substituted by Act 5 of 1970, Section 20, for " and any subsidiary bank" (w.e.f. 19.7.1969).][a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank,] [Substituted by Act 40 of 1980, Section 20, for certain words (w.e.f. 15.4.1980) ][as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);] [ Substituted by Act 5 of 1970, Section 20, for " and any subsidiary bank" (w.e.f. 19.7.1969).]
(c)"Board" means a Board of Conciliation constituted under this Act;
(cc)[ "closure" means the permanent closing down of a place of employment or part thereof; ] [ Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8.1984).]
(d)"conciliation officer" means a conciliation officer appointed under this Act;
(e)"conciliation proceeding" means any proceeding held by a conciliation officer or Board under this Act;]
(ee)[ "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest; ] [ Inserted by Act 65 of 1951, S.32]
[* * *] [ Cl. (eee) omitted by Act 36 of 1964, Section 2 (w.e.f. 19.12.1964). Earlier Cl. (eee) was inserted by Act 43 of 1953, Section 2. ]
(f)"Court" means a Court of Inquiry constituted under this Act;
(g)"employer" means-
(i)in relation to an industry carried on by or under the authority of any department of [the Central Government or a State Government] [ Substituted by Act A.O. 1948, for " a Government in British India" .], the authority prescribed in this behalf, or where no authority is prescribed, the head of the department;
(ii)in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority;
(gg)[ "executive", in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted; ] [ Inserted by Act 45 of 1971, Section 2 (w.e.f. 15.12.1971).]
[* * *] [ Cl. (h) defining " Federal Railway" omitted by A.O. 1950.]
(i)a person shall be deemed to be "independent "for the purpose of his appointment as the Chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute:
[Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder 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 appropriate Government the nature and extent of the shares held by him in such company;] [ Inserted by Act 18 of 1952, Section 2.]
(j)[ "industry "means any business, trade, undertaking, manufacture or calling of employers and includes any calling service, employment, handicraft or industrial occupation or avocation of workmen] [ On the enforcement of Cl. (c) of Section 2 of Act 46 of 1982.];
(k)"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 the conditions of labour, of any person;
(ka)[ "industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried on: [ Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8.1984).]
Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,-
(a)if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking;
(b)if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;]
(kk)[ "insurance company" means an insurance company as defined in section 2 of the Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State;] [ Inserted by Act 54 of 1949, Section 3 (w.e.f. 14.12.1949).]
(kka)[ "khadi" has the meaning assigned to it in clause (d) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);] [ Cl. (kkk) re-lettered as Cl. (kkb) and Cl. (kkk) Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8.1984).]
[[(kkb)] [ Cl. (kkk) re-lettered as Cl. (kkb) and Cl. (kkk) Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8.1984).]["Labour Court" means a Labour Court constituted under section 7;] [ Cl. (kkk) re-lettered as Cl. (kkb) and Cl. (kkk) Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8.1984).]
(kkk)[ "lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery ] [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ][or natural calamity or for any other connected reason] [ Substituted by Act 46 of 1982, Section 2, for any other reason" (w.e.f. 21.8.1984).][to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]
Explanation. - Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:Provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;]
(l)"lock-out" means the [temporary closing of a place of employment] [ Substituted by Act 46 of 1982, Section 2, for certain words (w.e.f. 21.8.1984).], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;
[(l-a) "major port" means a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908); [ Inserted by Act 36 of 1964, Section 3 (w.e.f. 19.12.1964).](l-b) "mine" means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);]
(ll)[ "National Tribunal" means a National Industrial Tribunal constituted under section 7-B;] [ Inserted by Act 36 of 1956, Section 3 (w.e.f. 10.3.1957).]
(lll)[ "office bearer", in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;] [ Inserted by Act 45 of 1971, Section 2 (w.e.f. 15.12.1971).]
(m)"prescribed" means prescribed by rules made under this Act;
(n)"public utility service" means-
(i)any railway service [or any transport service for the carriage of passengers or goods by air;] [ Inserted by Act 36 of 1956, Section 3 (w.e.f. 10.3.1957).]
(ia)[ any service in, or in connection with the working of, any major port or dock; ] [ Inserted by Act 36 of 1964, Section 3 (w.e.f. 19.12.1964).]
(ii)any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends;
(iii)any postal, telegraph or telephone service;
(iv)any industry which supplies power, light or water to the public;
(v)any system of public conservancy or sanitation;
(vi)any industry specified in the [First Schedule] [ Substituted by Act 36 of 1964, Section 2, for " Schedule" (w.e.f. 19.12.1964).] which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification:
Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension;
(o)"railway company" means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890);
(oo)[ "retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include - [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]
(a)voluntary retirement of the workman; or
(b)retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or ]
(bb)[ termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or] [ Inserted by Act 49 of 1984, Section 2 (w.e.f. 18.8.1984).]
(c)[ termination of the service of a workman on the ground of continued ill-health; ] [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]
(p)[ "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to ] [<SPAN class=amd2><A TITLE =][an officer authorised in this behalf by] [ Inserted by Act 35 of 1965, Section 2 (w.e.f. 1.12.1965).][the appropriate Government and the conciliation officer;] [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]
(q)"strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment;
(qq)[ "trade union" means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);] [ Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8.1984).]
(r)[ "Tribunal" means an Industrial Tribunal constituted under section 7-A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;] [ Substituted by Act 18 of 1957, Section 2, for Cl. (r) (w.e.f. 10.3.1957).]
(ra)[ "unfair labour practice" means any of the practices specified in the Fifth Schedule; [ Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8.1984).]
(i)such allowances (including dearness allowance) as the workman is for the time being entitled to;
(ii)the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles;
(iii)any travelling concession; ]
(iv)[ any commission payable on the promotion of sales or business or both;] [ Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8.1984).]
(rb)"village industries" has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);]
(rr)[ "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment, or of work done in such employment, and includes- [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]
[but does not include-
(a)any bonus;
(b)any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force;
(c)any gratuity payable on the termination of his service;]
(s)[ "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person- [ Substituted by Act 46 of 1982, Section 2, for Cl. (s) (w.e.f. 21.8.1984).]
(i)who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy 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 or administrative capacity, or
(iv)who, being employed in a supervisory capacity, draws wages exceeding [ten thousand rupees] per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.]
[Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]
[Assam.]- In the principal Act, in section 2, in clause(s), in between the words "or supervisory work" and "for hire or reward", the words 'or any work for the promotion of sales", shall be inserted.[Assam Act No. 22 of 2007].