The Bombay Industrial Relations Act, 1946

1. (1) For the purpose of holding an inquiry or proceeding under this Act, the Registrar, a Conciliator, 2[a Wage Board], Board, Labour Court in its ordinary jurisdiction, a Court of Enquiry and the Industrial Court shall have the same powers as are vested in Courts in respect of—
   • (a) proof of facts by affidavits;
   • (b) summoning and enforcing the attendance of any person and examining him on oath;
   • (c) compelling the production of documents; and
   • (d) issuing commissions for the examinations of witnesses.
2. (2) The Registrar, a Conciliator, 2[a Wage Board] or Board shall also have such further powers as may be prescribed.
3. (3) For the purpose of obtaining the information necessary for compiling and maintaining the record under Chapter XVII the officer authorised under section 112 shall have the powers specified in clauses
   • (b) and
   • (c) of sub-section
4. (1) and in sub-section (2). 3[(4) A Wage Board, a Labour Court and the Industrial Court shall also have powers to call upon any of the parties to proceedings before it to furnish in writing and in such form as it may think proper any information which it considers relevant for the purpose of any proceedings before it and the party so called upon shall thereupon furnish the information to the best of his knowledge and belief, and if so required by the Board or the Court to do so, verify the same in such manner as may be prescribed.]

1[118A.

Consequence of non-appearance of parties

1. (1) Where in any proceeding before the Industrial Court, or a Labour Court, if either party in spite of notice of hearing having been duly served on it, does not appear when the matter is called on for hearing the Court may either adjourn the hearing of the matter to a subsequent date or proceed ex parte and make such award, order or decision as it thinks fit. 3[(1A) Where in any proceeding before the Industrial Court, or a Labour Court, if neither party, in spite of notice of hearing having been duly served on him, appears when the matter is called on for hearing, the Court may make an order that the application, appeal, reference or other proceeding be dismissed.]
2. (2) Where any award, order or decision is made ex parte under sub-section
3. (1) 4[or an order of dismissal of any proceeding is made under sub-section (1A),] the aggrieved party may, within thirty days of the receipt of a copy thereof make an application to the Court, to set aside such award, order or decision 5[or such order of dismissal]. If the Industrial Court or Labour Court is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it may set aside the award, order or decision 6[or the order of dismissal] so made and shall appoint a date for proceeding with the matter : Provided that, no award, order or decision 7[or the order of dismissal as the case may be,] shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party.]

The Registrar, an Assistant Registrar, a Conciliator, a Labour Officer, an Certain Assistant Labour Officer, an arbitrator, 8[a member of a Wage Board], a member of officers a Board, an officer authorised under section 112, a Judge of a Labour Court, a to be public member of the Industrial Court or a Court of Enquiry and a member of the staff servants. of any of the said Courts shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

1. (1) If any person—
   • (a) when ordered by the Industrial Court or a Labour Court or a Wage Board to produce or deliver up any document, 10[or to furnish any information,] being legally bound intentionally omits to do so; or
   • (b) when required by the Industrial Court or a Labour Court or a Wage Board to bind himself by an oath or affirmation to state the truth refuses to do so;
   • (c) being legally bound to state the truth on any subject to the Industrial Court or a Labour Court or a Wage Board refuses to answer any question demanded of him touching such subject by such Court or Board; or
   • (d) intentionally offers any insult or causes any interruption to the Industrial Court or a Labour Court or a Wage Board at any stage of its judicial proceeding, he shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
2. (2) If any person refuses to sign any statement made by him when required to do so by the Industrial Court or a Labour Court or a Wage Board, he shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
3. (3) If any offence under sub-section
4. (1) or
5. (2) is committed in the view or presence of the Industrial Court or a Labour Court or a Wage Board, as the case may be, such Court or Wage Board may, after recording the facts constituting the offence and the statement of the accused as provided in 1[the Code of Criminal Procedure, 1973,] forward the case to a magistrate having jurisdiction to try the same and may 2 of require security to be given for the appearance of the accused person before such magistrate or, if sufficient security is not given, shall forward such person in custody to such magistrate.

Other kinds of contempts of Industrial Courts and Wage Boards

1. (1) If any person commits any act or publishes any writing which is calculated to improperly influence the Industrial Court, or a Labour Court or a Wage Board, or to bring such Court, Board, or a member or a Judge thereof into disrepute or contempt or to lower its or his authority, or to interfere with the lawful process of any such Court or Board, such person shall be deemed to be guilty of contempt of such Court or Board, as the case may be.
2. (2) In the case of contempt of itself the Industrial Court shall record the facts constituting such contempt and make a report in that behalf to the High Court.
3. (3) In the case of contempt of a Wage Board or a Labour Court, such Board or Court shall record the facts constituting such contempt and make a report in that behalf to the Industrial Court; and thereupon the Industrial Court may, if it considers it expedient to do so, forward the report to the High Court.
4. (4) When any intimation or report in respect of any contempt is received by the High Court under sub-section
5. (2) or (3), the High Court shall deal with such contempt as if it were contempt of itself and shall have and exercise in respect of it the same jurisdiction, powers and authority in accordance with the same procedure and practice as it has and exercises in respect of contempt of itself.

Notwithstanding anything contained in this Act, the Industrial Court, a Labour Court or a Wage Board, as the case may be, shall have the power to decide all matters arising out of the industrial matter or dispute referred to it for decision under any of the provisions of this Act.

In any proceeding before it under this Act, the Industrial Court, a Labour Court or a Wage Board may pass such interim orders as it may consider just and proper.

No suit, prosecution or other legal proceeding shall lie against any person for any thing which is in good faith done or purported to be done under this Act.

Nothing in this Act shall affect any of the provisions of the Trade Disputes Act, 1929, and no conciliation or arbitration proceeding shall be held under this Act relating to any matter or trade dispute which has been referred to and is pending before a Court of Enquiry or Board of Conciliation under the said Act.

The Bombay Trade Disputes Conciliation Act, 1934, is hereby repealed.

The Bombay Industrial Disputes Act, 1938, is hereby repealed : Provided that—

1. (a) every appointment, order, rule, regulation, notification or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under the provisions of this Act, unless and until superseded by any appointment, order, rule, regulation, notification or notice made, issued or given under this Act ;
2. (b) any standing order settled, agreement registered, changes which have come into operation, settlements recorded or registered, submissions registered, awards made or orders passed by the Industrial Court, under the provisions of the Act so repealed shall be deemed to have been settled, registered, to have come into operation, to have been recorded, made or passed by the appropriate authority under the corresponding provisions of this Act ;
3. (c) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed shall not be affected and any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability shall, so far as it is not inconsistent with the provisions of this Act, be made, instituted and availed of as if the said Act had not been repealed and continues in operation ;
4. (d) any proceedings pending before the Industrial Court, conciliation proceedings, or any proceedings relating to the trial of offences punishable under the provisions of the Act so repealed shall be continued and completed as if the said Act had not been repealed and continues in operation ; and any penalty imposed in such proceedings shall be recorded under the Act so repealed ;
5. (e) a Registered Union or a Representative Union or a Qualified Union or other representatives elected, entitled to appear or act as the representatives of employees under the Act so repealed shall, notwithstanding the repeal of the said Act, continue to act as the representatives of employees in any proceedings under this Act for a period of three months from the date on which this Act comes into force.

The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to it as may be specified in the notification.

1. (1) The State Government may by notification in the Official Gazette make rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters, namely :—
   • (a) the authority to be prescribed under sub-clause
   • (a) of clause
3. (14) of section 3 ;
   • (b) the manner in which the panels representing the interests of employers and employees shall be constituted and the manner in which vacancies in the Board of Conciliation shall be filled up under section 7 ;
   • (c) the qualifications for being eligible to be appointed to preside over Labour Courts under section 9 ;
   • (d) the form in which the registers of unions and the approved list shall be maintained under section 12 ;
   • (e) the form of application under sub-sections (1),
4. (2) and
5. (3) of section 13 ;
   • (f) the fee to be paid, and the form of certificate or registration to be issued under section 14 ;
   • (g) the fee to be paid under sub-section (1), the form of certificate of registration under sub-section (3), and the manner of publication under sub-section
6. (4) of section 16 ;
   • (h) the fee to be paid under sub-section
7. (1) of section 17 ;
   • (i) the dates on which and the manner in which returns shall be submitted under section 19 ;
   • (j) the manner of publication of orders under section 21 ;
   • (k) the manner of registration of a union for more local areas than one under section 22 ;
   • (l) the form of application under section 23 ;
   • (m) the officers, members of the office staff and members of approved unions to be authorised under section 25 and the manner in which and the conditions subject to which the rights under that section shall be exercised ;
   • (n) the fees to be prescribed under sub-section
8. (6) of section 26 ;
   • (na) the procedure to be followed by the Registrar for ascertaining membership of unions for the purposes of Chapter III, IV and V;
   • (nb) the manner of submitting objections to such membership and the amount of deposit which the Registrar may require to be made before entering upon the inquiry ;
   • (nc) the fine which may be imposed by the Registrar for any frivolous or vexatious objections to membership ;
   • (o) the authority to be prescribed under clause
   • (b) of sub-section (2), and the manner of determining the representative of employers under sub-section (3), of section 27 ;
   • (p) the manner in which the persons shall be elected under sub-section (1), recalled under sub-section (4), the period for which and the manner in which they shall function and the manner in which vacancies shall be filled under sub-section (5), of section 28 ;
   • (q) the manner of authorising a Qualified or Primary Union under clause
     • (iii) of, the manner of accepting the terms of an agreement or settlement under proviso Secondly and the number of representatives and the manner of their election under proviso Thirdly to, section 30 ;
   • (r) the conditions subject to which the powers of entry and inspection shall be exercised under sub-section
9. (2) of section 34 ; the manner of submission of draft standing orders under sub-section (1), and the manner of consulting the representative of employees and other interests under sub-section (2), of section 35 ;
   • (t) the form of notice and the other persons to be prescribed under sub-sections
10. (1) and
11. (2) and the manner of approach and the period to be prescribed under the proviso to sub-section (4), of section 42 ;
    • (u) the other persons to be prescribed under sub-section
12. (3) of section 43 ;
    • (v) the manner of forwarding the memorandum of agreement under sub-section
13. (1) of section 44 ;
    • (w) the number of members of a Joint Committee, the manner of nomination of members by the union and the manner of giving copies of orders under sub-section (1), and the appointment of the chairman and the manner in which he shall perform his duties under sub-section (2), of section 49 ;
      • (x) the manner of conducting the proceedings of a Joint Committee under sub-section
14. (2) of section 50 ;
    • (y) the manner in which the memorandum of agreement shall be forwarded under sub-section (1), the form in which a special intimation shall be forwarded under sub-section (2), and the other persons to be prescribed under sub-section (4), of section 52 ;
    • (z) the form in which the statement shall be forwarded under sub-section
15. (1) of section 54 ;
    • (aa) the manner of holding conciliation proceedings under sub-section
16. (1) of section 56 ;
    • (ab) the form in which the memorandum of settlement shall be drawn up, and the manner of its publication under sub-section
17. (1) of section 58 ;
    • (ac) the manner of giving notice under sub-section
18. (2) of section 59 ;
    • (ad) the procedure to be followed by a Conciliator or Board under sub-section
19. (1) of section 60 ;
    • (ae) the manner of publication of a submission under sub-section
20. (3) of section 66 ;
    • (af) the modifications to be prescribed under sub-section (2), and the manner of making the employers parties to arbitration under sub-section (3), of section 72 ;
    • (ag) the manner of publication under sub-section
21. (2) of section 74 ;
    • (ah) the form and manner in which an application shall be made under sub-section
22. (2) of section 79 ;
    • (aha) the other industrial matters and disputes under sub-section
23. (1) of section 86C ;
    • (ahb) the rules of procedure to be followed by a Wage Board under section 86E ;
    • (ai) the manner in which the record shall be maintained under section 111 ;
    • (aj) the conditions to be prescribed under sub-section
24. (1) of section 112 ;
    • (ak) the manner of giving notice under section 116 ;
    • (al) the further powers of the Registrar, a Conciliator, Wage Board or Board under sub-section (2), and the manner of verifying information under sub-section
25. (4) of section 118 ;
    • (am) any other matter which is required to be or may be prescribed.
26. (3) The rules made under this section shall be subject to the condition of previous publication in the Official Gazette.
27. (4) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be ; so however that any such modification or annulment, shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

The Central Provinces and Berar Industrial Disputes Settlement Act, 1947, is hereby repealed : Provided that—

1. (a) every appointment, order, rule, notification or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, unless and until superseded by any appointment, order, rule, notification or notice made, issued or given under this Act ;
2. (b) any standing order settled, agreement or settlement recorded or registered, changes which have come into operation, submissions entered into, awards made or orders passed by the State Industrial Court, a District Industrial Court, the Labour Commissioner, the Registrar or the Wage Board, under the provisions of the Act so repealed, shall be deemed to have been settled, recorded or registered, come into operation, entered into, made or passed by the appropriate authority under the corresponding provisions of this Act ;
3. (c) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed shall not be affected and any investigation, legal proceedings, or remedy in respect of any such right, privilege, obligation or liability shall, so far as it is not inconsistent with the provisions of this Act, be made, instituted, continued and availed of as if the said Act had not been repealed and continues in operation ;
4. (d) any proceedings pending before the State Industrial Court, a District Industrial Court, the Labour Commissioner, the Registrar or the Wage Board, conciliation proceedings, or any proceedings relating to the trial of offences punishable under the provisions of the Act so repealed shall be continued and completed as if the said Act has not been repealed and continued in operation; and any penalty imposed in such proceedings shall be recorded under the Act so repealed ;
5. (e) any union registered as a recognised union for any local area for any industry under the Act so repealed shall be deemed to be a representative union for the industry in that local area under this Act ;
6. (f) any other representatives elected, entitled to appear or act as representatives of employees under the Act so repealed shall, notwithstanding the repeal of the said Act, continue to act as the representatives of employees in any proceedings under the Act so repealed till the completion of the proceedings.

Classification of employees, e.g., permanent, temporary, apprentices, probationers, badlis, etc., [and the manner of filling posts becoming vacant and determining seniority of badlis, and all matters connected with the purposes aforesaid.] 1A. Employees’ tickets, cards, registers and service certificates. 2. Manner of notification to employees of periods and hours of work, holidays, pay days and wage rates. 3. [Shift working including notice] to be given to employees of starting, alteration or discontinuance of two or more shifts in a department or departments. 4. Closure or reopening of a department or a section of a department or the whole of the undertaking. 5. Attendance and late coming. 6. Procedure and authority to grant leave. 7. Procedure and authority to grant holidays. 8. Liability to search and entry into premises by certain gates. 9. Temporary [closures] of work including playing off, and rights and liabilities of employers and employees arising therefrom. 10. Termination of [employment including notice] to be given by employer and employee. 11. [Punishment including warning, censure, fine, suspension or] dismissal for misconduct, suspension pending inquiry into alleged misconduct and the acts or omissions which constitute misconduct. 12. Means of redress for employees against unfair treatment or wrongful exaction on the part of the employer or his agent or servant. 13. Age for retirement or superannuation. 14. Employment or re-employment of probationers or badlies or temporary or casual workmen, and their conditions of service.

Reduction intended to be of permanent or semi-permanent character in the number of persons employed or to be employed in any occupation or process or department or departments or in a shift not due to force majeure. 2. Permanent or semi-permanent increase in the number of persons employed or to be employed in any occupation or process or department or departments. 3. Dismissal of any employee except as provided for in the standing orders applicable under this Act. 4. Rationalisation or other efficiency systems of work, [whether by way of experiment or otherwise.] 5. All matters pertaining to shift working which are not covered by the Standing Orders applicable under this Act. 6. Withdrawal of recognition to unions of employees. 7. Withdrawal of any customary concession or privilege or change in usage. 8. Introduction of new rules of discipline or alteration of existing rules and their interpretation, except in so far as they are provided for in the Standing Orders applicable under this Act. 9. Wages including the period and mode of payment. 10. Hours of work and rest intervals. 11. All matters pertaining to leave and holidays, other than those specified in items 6 and 7 in Schedule I.

(1) Adequacy and quality of materials and equipment applied to the workers. (2) Assignment of work and transfer of workers within the establishment. (3) Health, safety and welfare of employees (including water, dining sheds, rest sheds, latrines, urinals, creaches, restaurants and such other amenities). (4) Matters relating to trade union organization, membership and levies. (5) Construction and interpretaion of awards, agreements and settlements. (6) Employment including— (i) reinstatement and recruitment; (ii) unemployment of persons previously employed in the industry concerned (7) Payment of compensation for [closures]. Amendment Act Section 1. Short title and commencement (1) This Act may be called the Trade Unions and Bombay Industrial Relations (Amendment) Act, 1967. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf. Amendment Act Section 2. Amendment of heading of Chapter III of Act XVI of In Chapter III of the Trade Unions Act, 1926, in its application to the State of Maharashtra (hereinafter referred to as "the principal Act "), in the heading, after the words "Trade Unions" th words "and Settlement of Certain Disputes" shall be added. Amendment Act Section 3. Insertion of new section In Chapter III of the principal Act, after section 28, the following new section shall be inserted, namely :— "28-1A. (1) Where there is a dispute as respects whether or not any person is an office-bearer or member of a registered Trade Union (including any dispute relating to wrongful expulsion of any such office-bearer or member), or where there is any dispute relating to the property (including the account books) of tain any registered Trade Union, any member of such registered Trade Union for a period of not less than six months may, with the consent of the Registrar, and in such manner as may be prescribed, refer the dispute to the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, for decision. (2) The Industrial Court shall, after hearing the parties to the dispute, decide the dispute ; and may require an office-bearer or member of the registered Trade Union, to be appointed whether by election or otherwise under the supervision of such person as the Industrial Court may appoint in this behalf or removed, in accordance with the rules of the Trade Union : Provided that, the Industrial Court may, pending the decision of the dispute, make an interim order specifying or appointing any person or appointing a Committee of Administration for any purpose under the Act including the purpose of taking possession or control of the property in dispute and managing it for the purposes of the Union pending the decision. (3) The decision of the Industrial Court shall be final and binding on the parties and shall not be called in question in any civil court. (4) No civil court shall entertain any suit or other proceedings in relation to the dispute referred to the Industrial Court as aforesaid, and if any suit or proceeding is pending in any such court, the civil court shall, on receipt of an intimation from the Industrial Court that it is seized of the question, cease to exercise jurisdiction in respect thereof. (5) Save as aforesaid, the Industrial Tribunal may, in deciding disputes under this section, exercise the same powers and follow the same procedure as it exercises or follows for the purpose of deciding industrial disputes under the Bombay Industrial Relations Act, 1946.". Amendment Act Section 4. Amendment of section 29 of Act XVI of In section 29 of the principal Act, in sub-section (2), in clause (d), the word "and " shall be deleted, and after clause (d), the following new clause shall be inserted, namely :— "(dd) the manner in which the dispute may be referred to the Industrial Court under section 28-1A ;". Amendment Act Section 5. Amendment of section 87 of Bom. XI of In section 87 of the Bombay Industrial Relations Act, 1946, in clause (a), in sub-clause (x) after the word "thereunder " the words "or under any law for the time being in force" shall be added.