Amendment of section 3 of Bom. XI of 1947

In section 3 of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as "the principal Act"),- (i) for clause (13), the following shall be substituted, namely:- "(13) 'employee' means any person employed in the execution of any work in respect of which the owner of any undertaking is an employer within the meaning of sub-clause (e) of clause (14), (b) a person who has been dismissed or discharged from employment on account of any dispute relating to a change in respect of which a notice is given or an application made under section 42 whether before or after his dismissal or discharge: but does not include- (i) a person who is employed in the police service or as an officer or other employee of a prison, (ii) a person, who being employed primarily in a managerial, administrative or supervisory capacity draws basic pay (excluding allowances) exceeding five hundred rupees per month, and (iii) irrespective of the pay drawn, any other person or class of persons employed in a capacity specified in clause (ii) or in a technical capacity, which the State Government may, by notification in the Official Gazette, specify in this behalf"; (ii) in clause (14), for sub-clause (e), the following shall be substituted, namely:- "(e) where the owner of any undertaking in the course of or for the purpose of conducting the undertaking entrusts the execution of the whole or any part of any work which is ordinarily a part of the undertaking, to any person otherwise than as the servant or agent of the owner, the owner of the undertaking"; (iii) in clause (35A) for the figures and letters "86A" the figures and letters "86AA" shall be substituted. In section 3 of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as "the principal Act"),- (a) in clause (13), in sub-clause (b), for the words "dismissed or discharged from employment" the words "dismissed, discharged or retrenched from employment or whose services have been terminated shall be substituted; and for the words "dismissal or discharge", the words "dismissal, discharge, retrenchment or, as the case may be, termination from employment" shall be substituted; (b) in clause (23),- (i) after the words "any area" the brackets and words "(including the entire State)" shall be inserted; and (ii) the following shall be added at the end, namely : - "or for different industries;"; (c) in clause (25), for the words "two annas" the words "twenty-five paise" shall be substituted; (d) in clause (31), after the words "and includes" the words "an Additional Registrar, and" shall be inserted; (e) in clause (39), for sub-clause (vi), the following sub-clause shall be substituted, namely : - "(vi) gratuity payable, if any.". After sub-section (1) of section 97 of the Bombay Industrial Relations Act, 1946 the following sub-section shall be inserted, namely :

"(1A) Notwithstanding anything contained in sub-section (1) a strike which is commenced or continued only for the reason that the employer has not paid the basic pay or dearness allowance due to the employees within the period fixed under any law for the time being in force or under a registered agreement or settlement or an effective award or an effective decision of a Wage Board shall not be deemed to be illegal :

Provided that such strike shall be deemed to be illegal if

(i) it is commenced without seven clear days' notice being given to the employer by the representative of employees, or

(ii) it is commenced or continued after the employer has paid basic pay or dearness allowance due to the employees." In the Bombay Industrial Relations Act, 1946 (hereinafter referred to as "the principal Act"), in section 27A, for the words and figures "sections 32 and 33" the words, figures and letter "sections 32, 33 and 33A" shall be substituted. In the Bombay Industrial Relations Act, 1946 (hereinafter referred to as "the principal Act"), in section 27A, for the words and figures "sections 32 and 33" the words, figures and letter "sections 32, 33 and 33A" shall be substituted. In the Bombay Industrial Relations Act, 1946, in section 2, after sub-section (5), the following shall be added, namely :- "(6) The State Government may, by notification in the Official Gazette, direct that the provisions of this Act shall cease to apply to such industry, in such area, and from such date, as may be specified in the said notification, and thereupon the provisions of section 7 of the Bombay General Clauses Act, 1904, shall apply to such cessor as if this Act had then been repealed in relation to the said industry in such area by the Gujarat Act."