1. Short title, extent and commencement.—(1) This Act may be called the Industrial Disputes Act,
1947.
2
[(2) It extends to the whole of India:
3* * * * *]
(3) It shall come into force on the first day of April, 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 4*** any industry carried on by or under
the authority of the Central Government, 5*** or by a railway company 6
[or concerning any such
controlled industry as may be specified in this behalf by the Central Government] 7*** or in
relation to an industrial dispute concerning 8
[
9
[
10[
11[a Dock Labour Board established under
section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or 12[the
Industrial Finance Corporation of India Limited formed and registered under the Companies Act,
1956 (1 of 1956)], 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 3A 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 5A and section 5B, respectively, of the Employees’ Provident Fund and Miscellaneous
Provisions Act, 1952 (19 of 1952), 13***, or the Life Insurance Corporation of India established
under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 14[the Oil and
Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)], or the
1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the schedule (w.e.f. 19-12-1962); to
Pondicherry by Reg. 7 of 1963 (w.e.f. 1-10-1963); and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and
the Schedule.
2. Subs. by Act 36 of 1956, s. 2, for the sub-section (2) (w.e.f. 29-8-1956).
3. Omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
4. Certain words omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
5. The words “by the Federal Railway Authority” omitted by the A.O. 1948.
6. Ins. by Act 65 of 1951, s. 32.
7. The words “operating a Federal Railway” omitted by the A.O. 1950.
8. Ins. by Act 47 of 1961, s. 51 and the Second Schedule, Part III (w.e.f. 1-1-1962).
9. Subs. by Act 36 of 1964, s. 2, for “the Deposit Insurance Corporation established” (w.e.f. 19-12-1964).
10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
11. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
12. Subs. by Act 24 of 1996, s. 2, for “the Industrial Finance Corporation of India established under section 3 of the Industrial
Finance Corporation Act, 1948 (15 of 1948)” (w.e.f. 11-10-1995).
13. The words and figures “or the “Indian Airlines” and “Air India” Corporations established under section 3 of the Air
Corporations Act, 1953 (27 of 1953)” by s. 2, ibid. (w.e.f. 11-10-1995).
14. Subs. by Act 24 of 1996, s. 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.e.f. 11-10-1995).
6
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
(52 of 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 1
[the Airports Authority of India constituted under
section 3 of the Airports Authority of India Act, 1994 (55 of 1994)], 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 2
[the
National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53
of 1987)], or 3
[
4
[an air transport service, or a banking or an insurance company], a mine, an oilfield] 5
[, a Cantonment Board,] or a 6
[major port, any company in which not less than fifty-one
per cent. 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]
7
[(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: 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;]
6
[(aa) “arbitrator” includes an umpire;]
8
[
9
[(aaa)] “average pay” means the average of the wages payable to a workman—
(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;]
10[(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 10A;]
11[(bb) “banking company” means a banking company as defined in section 5 of the Banking
Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State,
and includes 12[the Export-Import Bank of India,] 13[the Industrial Reconstruction Bank of India,]
1. Subs. by Act 24 of 1996, s. 2, for “the International Airports Authority of India constituted under section 3 of the International
Airports Authority of India Act, 1971 (48 of 1971)” (w.e.f. 11-10-1995).
2. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988).
3. Subs. by Act 54 of 1949, s. 3, for “a mine oil-field”.
4. Subs. by Act 24 of 1996, s. 2, for “a banking or an insurance company” (w.e.f. 11-10-1996).
5. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
6. Subs. by Act 24 of 2010, s. 2, for “major port, the Central Government, and” (w.e.f 15-9-2010).
7. Subs. by s. 2, ibid., for sub-clause (ii) (w.e.f. 15-9-2010).
8. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
9. Clause (aa) re-lettered as clause (aaa) by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
10. Subs. by Act 36 of 1956, s. 3, for clause (b) (w.e.f. 10-3-1957).
11. Subs. by Act 38 of 1959, s. 64 and the third Schedule, Part II, for clause (bb).
12. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 4-1-1982).
13. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).
7
1
[
2***,] 3
[the Small Industries Development Bank of India established under section 3 of the Small
Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of India, the State
Bank of India 4
[, a corresponding new bank constituted under section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) 5
[, 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]] as defined in the State Bank of India (Subsidiary
Banks) Act, 1959 (38 of 1959);]
(c) “Board” means a Board of Conciliation constituted under this Act;
6
[(cc) “closure” means the permanent closing down of a place of employment or part thereof;]
(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;
7
[(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;]
8* * * * *
(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 9
[the
Central Government or a State Government], 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;
10[(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;]
11* * * * *
(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:
12[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;]
1. Ins. by Act 18 of 1964, s. 38 and the Second Schedule, Part II (w.e.f. 1-7-1964).
2. The words “the Industrial Development Bank of India” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
3. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (date to be notified).
4. Subs. by Act 5 of 1970, s. 20, for “and any subsidiary bank” (w.e.f. 19-7-1969).
5. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15-4-1980).
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
7. Ins. by Act 65 of 1951, s. 32.
8. Omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
9. Subs. by the A.O. 1948, for “a Government in British India”.
10. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
11. Clause (h) omitted by the A.O. 1950.
12. Ins. by Act 18 of 1952, s. 2.
8
1
[(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;
(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;
2
[(ka) “industrial establishment or undertaking” means an establishment or undertaking in which
any industry is carried on:
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;]
3
[(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;]
1. Clause (j) shall stand substituted as follows when clause (c) of section 2 of the Industrial Disputes (Amendment) Act, 1982
(46 of 1982) will come into force:—
(j) “industry” means any systematic activity carried on by co-operation between an employer and his workmen
(whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for
the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or
wishes which are merely spiritual or religious in nature), whether or not,—
(i) any capital has been invested for the purpose of carrying on such activity; or
(ii) such activity is carried on with a motive to make any gain or profit,
and includes—
(a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of
Employment) Act, 1948 (9 of 1948);
(b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does
not include—
(1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any
other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is
the predominant one.
Explanation:—For the purposes of this sub-clause, “agricultural operation” does not include any activity carried on in a
plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); or
(2) hospitals or dispensaries; or
(3) educational, scientific, research or training institutions; or
(4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or
philanthropic service; or
(5) khadi or village industries; or
(6) any activity of the Government relatable to the sovereign functions of the Government including all the activities
carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or
(7) any domestic service; or
(8) any activity, being a profession practised by an individual or body of individuals, if the number of persons
employed by the individual or body of individuals in relation to such profession is less than ten; or
(9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if
the number of persons employed by the co-operative society, club or other like body of individuals in relation to such
activity is less than ten;
2. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
3. Ins. by Act 54 of 1949, s. 3.
9
1
[(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);]
2
[
3
[(kkb)] “Labour Court” means a Labour Court constituted under section 7;]
4
[(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 5
[or natural calamity or for any other
connected reason] to give employment to a workman whose name is borne on the muster rolls of his
industrial establishment and who has not been retrenched.
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 6
[temporary 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;
7
[(la) “major port” means a major port as defined in clause (8) of section 3 of the Indian Ports
Act, 1908 (15 of 1908);
(lb) “mine” means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act,
1952 (35 of 1952)];
2
[(ll) “National Tribunal” means a National Industrial Tribunal constituted under section 7B;]
8
[(lll) “office bearer”, in relation to a trade union, includes any member of the executive thereof,
but does not include an auditor;]
(m) “prescribed” means prescribed by rules made under this Act;
(n) “public utility service” means—
(i) any railway service 7
[or any transport service for the carriage of passengers or goods by
air];
8
[(ia) any service in, or in connection with the working of, any major port 9
[or dock or any
industrial establishment or unit engaged in essential defence services];]
(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;
1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Ins. by Act 36 of 1956, s. 3 (w.e.f. 10-3-1957).
3. Clause (kka) re-lettered as clause (kkb) by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
5. Subs. by Act 46 of 1982, s. 2, for “or for any other reason” (w.e.f. 21-8-1984).
6. Subs. by s. 2, ibid., for certain words (w.e.f. 21-8-1984).
7. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
8. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
9. Subs. by Act 25 of 2021, s. 17, for “or dock” (w.e.f. 30-6-2021).
10
(vi) any industry specified in the 1
[First Schedule] 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);
2
[(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—
(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
3
[(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]
(c) termination of the service of a workman on the ground of continued ill-health;]
4
[(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 5
[an officer authorised in this behalf
by] the appropriate Government and the conciliation officer;]
(q) “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 a common understanding, of any number of
persons who are or have been so employed to continue to work or to accept employment;
6
[(qq) “trade union” means a trade union registered under the Trade Unions Act, 1926
(16 of 1926);]
7
[(r) “Tribunal” means an Industrial Tribunal constituted under section 7A and includes an
Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;]
8
[(ra) “unfair labour practice” means any of the practices specified in the Fifth Schedule;
(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);]
9
[(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—
1. Subs. by Act 36 of 1964, s. 2 for “Schedule” (w.e.f. 19-12-1964).
2. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
3. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984).
4. Subs. by Act 36 of 1956, s. 3, for clause (p) (w.e.f. 7-10-1956).
5. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965).
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
7. Subs. by Act 18 of 1957, s. 2, for clause (r) (w.e.f. 10-3-1957).
8. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
9. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
11
(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;
1
[(iv) any commission payable on the promotion of sales or business or both;]
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;]
2
[(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—
(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 3
[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.]
STATE AMENDMENT
Kerala
Amendment of section 2.—In section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of
1947), in clause (s), for the words “clerical or supervisory work” the words “clerical, supervisory
work or any work for the promotion of sales” shall be substituted.
[Vide Kerala Act 12 of 2017, s. 2]
Assam
Amendment of section 2.—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.
[Vide Assam Act 22 of 2007, s. 2]
Orissa
Amendment of section 2.—In clause(s) of section 2 of the Industrial Disputes Act 1947 (14 of
1947), for the words and comma “operational, clerical or supervisory work”, the words and commas
“sales promotion, operational, clerical or supervisory work or any work for promotion of sales” shall be
substituted.
[Vide Orissa Act 5 of 2014, s. 2]
4
[2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.—5
[(1)]
Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an
individual workman, any dispute or difference between that workman and his employer connected with,
or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an
1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Subs. by s. 2, ibid., for clause (s) (w.e.f. 21-8-1984).
3. Subs. by Act 24 of 2010, s. 2, for “one thousand six hundred rupees” (w.e.f. 15-9-2010).
4. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965).
5. Section 2A numbered as sub-section (1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010).
12
industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the
dispute.]
1
[(2) Notwithstanding anything contained in section l0, any such workman as is specified in
sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the
dispute referred to therein after the expiry of forty-five days from the date he has made the application to
the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of
such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the
dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the
provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they
apply in relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before
the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of
service as specified in sub-section (1).]
STATE AMENDMENT
Andhra Pradesh
In Section 2A, After the existing sub-section (2), the following sub-section shall be added, namely:—
“(3) Notwithstanding anything in sub-sections (1) and (2), no such dispute or difference between
that workman and his employer connected with or arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in
conciliation proceeding within a period of three years from the date of such discharge, dismissal,
retrenchment or termination:
Provided that the Labour Court or the Conciliation Officer, as the case may be, may consider to
extend the said period of three years when the applicant workman satisfies the Court or Conciliation
Officer that he had sufficient cause for not raising the dispute within the period of three years.”.
[Vide Andhra Pradesh 12 of 2015, s. 2]
Union Territory of Jammu and Kashmir and Ladakh
Section 2A.—In sub-section (3), for "three years", substitute "one year".
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated
(23-10-2020).
Meghalaya
Amendment of section 2 (s) of Industrial Disputes Act, 1947 (Central Act No. 14 of 1947).—For
the existing clause (s) of section 2 of the Industrial Disputes act, 1947 (Central Act No. 14 of 1947) the
following shall be substituted, namely:--
“(S) “Workmen” means any person (including an apprentice) employed in any industry to do any
manual skilled or unskilled, technical, sales promotion, operational, clerical or supervisory work or
any work for the promotion of sales for hire or reward, whether the terms of employment be
expressed or implied, and for the purposes of any proceeding under this act in relation to an industrial
1. Ins. by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010).
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dispute, includes 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:—
(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 person; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) Who being employed in a supervisory capacity, draws wages exceeding one thousand six
hundred 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 or a managerial nature.”
[Vide Meghalaya Act 5 of 2009, s. 2]
Rajasthan
Amendment of section 2, Central Act No. 14 of 1947.- In the Industrial Disputes Act, 1947
(Central Act No. 14 of 1947), in its application to the State of Rajasthan, hereinafter referred to as the
principal Act, in section 2,-
(a) the existing sub-clause (iii) of clause (g) shall be deleted; and
(b) in clause (s), the existing expression “by an employer or by a contractor in relation to the
execution of his contract with such employer” shall be deleted.
[Vide Rajasthan Act 21 of 2014, s. 2]
Amendment of section 2A, Central Act No. 14 of 1947.- In section 2A of the principal Act, after
the existing sub-section (3), the following new sub-section shall be added, namely:-
“(4) Notwithstanding anything in sub-sections (1), (2) and (3), no such dispute or difference
between that workman and his employer connected with, or arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in
conciliation proceeding within a period of three years from the date of such discharge, dismissal,
retrenchment or termination:
Provided that an authority, as may be specified by the State Government, may consider to extend
the said period of three years when the applicant workman satisfies the authority that he had sufficient
cause for not raising the dispute within the period of three years.”.
[Vide Rajasthan Act 21 of 2014, s. 3]
Rajasthan
Amendment of section 2, Central Act XIV of 1947.-In section 2 of the principal Act;--
(i) after clause (aa) the following new clauses shall be inserted, namely-
" (aaa) "arbitration proceeding" means-
(i) any proceeding under Chapter III-A of this Act before an arbitrator, or
(ii) any proceeding before an Industrial Tribunal in arbitration;
(aaaa) "arbitrator" means an arbitrator to whom a dispute is referred for arbitration
under the provisions of Chapter III-A of this Act and includes an umpire;"
(ii) in clause (b), for the words, figures and letter "under section 10A", the words,
figures and letter "under Chapter III-A" shall be substituted;
(iii) after clause (eee) the following new clause shall be inserted, namely-
"(eeee) "member" means a person who is an ordinary member of a Union
and who has paid a subscription of not less than four annas 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 three months or more next preceding such time;";
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(iv) in clause (g), after sub-clause (ii), the following sub-clause shall be inserted, namely-
" (iii) where the owner of any industry in the course of or for the purpose of conducting
the industry contracts with any person for the execution by or under the contractor of the
whole or any part of any work which is ordinarily a part of the industry, the owner of the
industry;";
(v) after clause (oo) the following new clauses shall be inserted, namely-
"(ooo) "Registrar" means the person for the time being appointed to be the
Registrar of Unions under this Act and includes in respect of such powers and duties
of the Registrar as may be conferred and imposed on him, an Assistant Registrar of
Unions;
(oooo) "Representative Union" means a Union for the time being registered as a
Representative Union under this Act;";
(vi) after clause (rr), the following new clause shall be inserted, namely-
"(rrr) "Union" means a Trade Union of employees registered under the Indian
Trade Unions Act, 1926 (Central Act XVI of 1926);"; and
(vii) in clause (s), after the words "employed in any industry", the words "by an employer
or by a contractor in relation to the execution of his contract with such employer" shall be
inserted.
[Vide Rajasthan Act 34 of 1958, s. 3]