Section 3 in The Maharashtra 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 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 employers” means any combination of employers recognised by the State Government under section 27;(6)“award” means any 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 Concillation 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, suspen-sion or refusal is or is not in consequence of an industrial dispute;(9) “Commissioner of Labour” means an officer appointed by the 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)“concilliation 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 and Additional Chief Conciliator or a Special Conciliator;(12)“Court of Enquiry” means a Court constituted under section 100;(13)“employee” means any person employed to do any skilled or unskilled work for hire or reward in any industry 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);(b)a person who has been dismissed, discharged or retrenched or whose services have been terminated, from employment on account of any dispute relating to change in respect of which a notice is given or an application made under section 42 whether before or after his dismissal, discharge, retrenchment or, as the case may be, termination from employment;(i)but does not include—a person employed primarily in a managerial, administrative, supervisory or technical capacity drawing basic pay (excluding allowances) exceeding six thousand five hundred rupees per month;(ii)any other person or class of persons employed in the same capacity as those specified in clause (i) above irrespective of the amount of the pay drawn by such persons 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 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 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 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 condition 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 functions 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 of 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 Government may by notification in the Official Gazette declare to be an industry for the purposes 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) notified as a local area for the purposes of this Act 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 twenty-five paise per calendar month :Provided that, no person shall at any time be deemed to be a member if his subscrip-tion is in arrears or a period of more than three calendar months during the period of six months immediately preceding such time.Explanation.—A subscription for a particular calendar month shall, for the pur-poses 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;(27)“prescribed” means prescribed by rules made 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 an additional Registrar , and in respect of such powers and duties of the Registrar as may be conferred and imposed on him, an Assistant Registar of Unions;(32)“representative of employees” means a representative of employees entitled to appear or act as such under section 30;(33)“Representative Union” means a union for the time being registered as a Repre-sentative 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 purpose of section 44B includes a settlement arrived at within two months from the date of the completion of any conciliation proceeding which has failed;(35A)“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;(36)“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 emplyees 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 1926. Indian Trade Unions Act, 1926;(38A)“Wage Board” means a Wage Board constituted under section 86A;(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 special expenses entailed on him the nature of his employment;(vi)gratuity payable, if any.
