Paper-401 Unit-1 Industrial Relation Code 2020 - Definitions

Definitions

EMPLOYER (Sec. 2(m))

"employer" means a person who employs, whether
directly or through any person, or on his behalf or on
behalf of any person, one or more employee or
worker in his establishment and where the
establishment is carried on by any department of the
Central Government or the State Government, the
authority specified by the head of the department in
this behalf or where no authority is so specified, the
head of the department, and in relation to an
establishment carried on by a local authority, the
chief executive of that authority, and includes,—
(i) in relation to an establishment which is a
factory, the occupier of the factory as defined
in clause (n) of section 2 of the Factories Act,
1948 and, where a person has been named as
a manager of the factory under clause (f) of
sub-section (1) of section 7 of the said Act, the
person so named;
(ii) in relation to any other establishment, the
person who, or the authority which has
ultimate control over the affairs of the
establishment and where the said affairs are
entrusted to a manager or managing director,
such manager or managing director;
(iii) Contractor; and

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(iv) Legal representative of a deceased employer;

Employee (Sec. 2(l))

"employee" means any person (other than an apprentice
engaged under the Apprentices Act, 1961) employed by
an industrial establishment to do any skilled, semi-skilled
or unskilled, manual, operational, supervisory, managerial,
administrative, technical or clerical work for hire or
reward, whether the terms of employment be express or
implied, and also includes a person declared to be an
employee by the appropriate Government,

but does not include

any member of the Armed Forces of the Union;

Worker (Sec. 2(zr))

"worker" means any person (except an apprentice as
defined under clause (aa) of section 2 of the
Apprentices Act, 1961) 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 includes working journalists as defined
in clause (f) of section 2 of the Working Journalists
and other Newspaper Employees (Conditions of
Service) and Miscellaneous Provisions Act, 1955 and
sales promotion employees as defined in clause (d) of
section 2 of the Sales Promotion Employees

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(Conditions of Service) Act, 1976, and for the

purposes of any proceeding under this Code in
relation to an industrial dispute, includes any such
person who has been dismissed, discharged or
retrenched or otherwise terminated 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, or the
Army Act, 1950, or the Navy Act, 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 is employed in a supervisory capacity
drawing wages exceeding eighteen thousand
rupees per month or an amount as may be notified
by the Central Government from time to time:

Provided that for the purposes of Chapter III,

"worker"—
(a) means all persons employed in trade or industry;
and
(b) includes the worker as defined in clause (m) of
section 2 of the Unorganised Workers' Social Security
Act, 2008

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Industry (Sec. 2(p))

"industry" means any systematic activity carried on
by co-operation between an employer and worker
(whether such worker is 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,

but does not include-

(i) institutions owned or managed by organisations
wholly or substantially engaged in any charitable,
social or philanthropic service; or
(ii) any activity of the appropriate Government
relatable to the sovereign functions of the
appropriate Government including all the activities
carried on by the departments of the Central
Government dealing with defence research, atomic
energy and space; or
(iii) any domestic service; or

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(iv) any other activity as may be notified by the

Central Government;

Industrial Dispute (Sec. 2(q))

"industrial dispute" means any dispute or difference
between employers and employers or between
employers and workers or between workers and
workers which is connected with the employment or
non-employment or the terms of employment or with
the conditions of labour, of any person and includes
any dispute or difference between an individual
worker and an employer connected with, or arising
out of discharge, dismissal, retrenchment or
termination of such worker;

Certifying Officer (Sec. 2(g))

"certifying officer" means any officer appointed by the
appropriate Government, by notification, to perform
the functions of a certifying officer under the
provisions of Chapter IV;

Standing Orders (Sec. 2(zj))

"standing orders" means orders relating to matters
set-out in the First Schedule;
Trade Union (Sec. 2(zl))
"Trade Union" means any combination, whether
temporary or permanent, formed primarily for the
purpose of regulating the relations between workers

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and employers or between workers and workers, or

between employers and employers, or for imposing
restrictive conditions on the conduct of any trade or
business, and includes any federation of two or more
Trade Unions:
Provided that the provisions of Chapter III of this Code
shall not affect —
(i) any agreement between partners as to their own
business; or
(ii) any agreement between an employer and those
employed by him as to such employment; or
(iii) any agreement in consideration of the sale of the
goodwill of a business or of instruction in any
profession, trade or handicraft;

Works Committee (Sec. 3)

(1) In the case of any industrial establishment in
which 100 or more workers are employed or have
been employed on any day in the preceding 12
months, the appropriate Government may by
general or special order require the employer to
constitute a Works Committee, in such manner as
may be prescribed, consisting of representatives of
employer and workers engaged in the
establishment: Provided that the number of
representatives of workers in such Committee shall
not be less than the number of representatives of
the employer.

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(2) The representatives of the workers shall be

chosen, in such manner as may be prescribed, from
among the workers engaged in the establishment
and in consultation with their Trade Union, if any,
registered in accordance with the provisions of
section 9.

(3) It shall be the duty of the Works Committee to

promote measures for securing and preserving
amity and good relations between the employer
and workers and, to that end, to comment upon
matters of their common interest or concern and
endeavour to compose any material difference of
opinion in respect of such matters.

Grievance Redressal Committee (Sec. 4)

(1) Every industrial establishment employing 20 or
more workers shall have one or more Grievance
Redressal Committees for resolution of disputes
arising out of individual grievances.
(2) The Grievance Redressal Committee shall consist
of equal number of members representing the
employer and the workers to be chosen in such
manner as may be prescribed.

(3) The chairperson of the Grievance Redressal

Committee shall be selected from among persons

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representing the employer and the workers

alternatively on rotational basis every year.

(4) The total number of members of the Grievance

Redressal Committee shall not exceed 10 : Provided
that there shall be adequate representation of women
workers in the Grievance Redressal Committee and
such representation shall not be less than the
proportion of women workers to the total workers
employed in the industrial establishment.

(5) An application in respect of any dispute referred to

in sub-section (1) may be filed before the Grievance
Redressal Committee by any aggrieved worker in
such manner as may be prescribed within one year
from the date on which the cause of action of such
dispute arises.

(6) The Grievance Redressal Committee may

complete its proceedings within 30 days of receipt of
the application under sub-section (5).

(7) The decision of the Grievance Redressal

Committee on any application filed under sub-section
(5) shall be made on the basis of majority view of the
Committee, provided more than half of the members
representing the workers have agreed to such

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decision, otherwise it shall be deemed that no

decision could be arrived at by the Committee.

(8) The worker who is aggrieved by the decision of the

Grievance Redressal Committee or whose grievance is
not resolved in the said Committee within the period
specified in sub-section (6), may, within a period of 60
days from the date of the decision of the Grievance
Redressal Committee or from the date on which the
period specified in sub-section (6) expires, as the case
may be, file an application for the conciliation of such
grievance to the conciliation officer through the Trade
Union, of which he is a member, in such manner as
may be prescribed.

(9) Where any employer discharges, dismisses,

retrenches, or otherwise terminates the services of an
individual worker, any dispute or difference between
that worker and his employer connected with, or
arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be
an industrial dispute notwithstanding that no other
worker nor any Trade Union is a party to the dispute.

(10) Notwithstanding anything contained in this

section or section 53, any worker as is specified in
sub-section (5) may, make an application directly to
the Tribunal for adjudication of the dispute referred to

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therein after the expiry of 45 days from the date he

has made the application to the conciliation officer of
the appropriate Government for conciliation of the
dispute, and on receipt of such application the
Tribunal shall have powers and jurisdiction to
adjudicate upon the dispute, as the Tribunal has in
respect of the application filed under sub-section (6)
of section 53.

(11) The application referred to in sub-section (10)

shall be made to the Tribunal before the expiry of 2
years from the date of discharge, dismissal,
retrenchment or otherwise termination of service as
specified in sub-section (9).

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