REGISTERED No D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 48] NEW DELHI, TUESDAY, SEPTEMBER 6,1966/BHADRA 15, 1888 (S)
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
RAJYA SABHA
The following Bill was introduce in the Rajya Sabha on the 6th September, 1966: —
BILL NO. XVIII OF 1966
A Bill further to amend the Industrial Disputes Act, 1947.
BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows :—
1. (I) This Act may be called the Industrial Disputes (Amend-
Short title and com- mencement.
ment) Act, 1966.
(2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.
14 of 1947.
2. In section 2 of the Industrial Disputes Act, 1947 (hereinafter Amendment of section 2.
referred to as the principal Act),—
(a) in sub-clause (t) of clause (a), for the words "the Employees' State Insurance Corporation established", the words and figures "the
(987)
9©8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II15 oJ ip"8.
Industrial Finance Corporation of India established under section 3 of the Industrial Finance Corporation Act, 1948, or the Employees' State Insurance Corporation established" shall be substituted;
(b) after clause (g), the following clause shall be Inserted,
namely :—
<(gg) "executive", in relation to a trade union, means the body,
by whatever name called, to which the management and the affairs of the trade union is entrusted;';
(c) after clause (II), the following clause shall be inserted,
namely :—
'(III) "office bearer", in relation to a trade union, includes'any
member of the executive thereof, but does not include an auditor,';
(d) in clause (w), after sub-clause (1), the following sub-dause shall
be inserted, namely :—
"(ia) any service in, or in connection with, the working of,
any major port of dock;".
3. After section 10A of the principal Act, the following section
shall be inserted, namely :—
Insertion of new section 10 B.
Power of Labour Courts, Tribunals and National Tribunals to give Appropriate relief in case of discharge or dismissal of workman.
"xoB. Where an Industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not Justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require :
Provided that in any "proceeding under this section, the
Labour Court, Tribunal or the National Tribunal, as^the case
may be, shall rely only on the materials on record andjshall
not take any fresh evidence In relation to the matter.".
Sic. 2 ] THB GAZETTE OF INDIA EXTRAORDINARYAmefldimnt
of section 33.
4. In the Explanation to sub-section (3) °f section 33 of the principal Act, for the words "an officer", the words "a member of the exe- cutive or other office bearer" shall be substituted.
AmendmeLt
of section 30.
5. In sub-section (J) of section 36 of the principal Act, for the words "an officer", wherever they occur, the words "any member of the executive or other office bearer" shall be substituted.
9"b, THE GAZETTE OF INDIA EXTRAORDINARY [PART IISTATEMENT OF OBJECTS AND REASONS
In Indian Iron and Steel Company Limited and another v. their workmen (AIR 1958 S.C. 130 at 138), the Supreme Court, while consider- ing the Tribunal's power to interfere with the management's decision to dismiss, discharge or terminate the services of a workman, has observed that in cases of dismissal on misconduct, the Tribunal does not act as a court of appeal and substitute its own judgment for that of the rnanrge- ment and that the Tribunal will interfere only when there is want of good faith, victimisation, unfair labour practice, etc., on the part ot the manage- ment.
2. The International Labour Organisation, in its recommenda- tion (No. 119) concerning "Termination of employment at the initiative of the employer" adopted in June, 1963, has recommended that a worker aggrieved by the termination of his employment should be entitled to appeal against the termination, among others, to a neutral body such as an arbitrator, a court, an arbitration committee or a similar body and that the neutral body concerned should be empowered to examine the reasons given in the termination of employment and the other circums- tances relating to the case and to render a decision on [the justification of the termination. The International Labour Organisation has further recommended that the neutral body should be empowered (if it finds that the termination of employment was unjustified) to order that the worker Concerned, unless reinstated with unpaid wages, should be paid adequate compensation or afforded some other relief.
3. In accordance with these recommendations, it is considered that the Tribunal's power in an adjudication proceeding relating to dis- charge or dismissal of a workman should not be limited and that the Tribunal should have the power, in cases wherever necessary, to set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit or give such other relief to the workman including the award of any lesser punish- ment in lieu of discharge or dismissal as the circumstances of the case may require. For this purpose, a new section 10B is proposed to be inserted in the Industrial Disputes Act, 1947.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9|i4. Opportunity has been availed of to make (as in the case of other finm cir.l corporations) the Central Government as the appropriate
government in relation to industrial disputes concerning the Industrial Finance Corporation also and to declare service in major ports and docks as public utility service.
NEW DEUII;
JAGJIVAN RAM.
The 17th August, 1966.
gl2 ' THE GAZETTE Of INDIA EXTRAORDINARY [PART H—SEC. 2jFINANCIAL MEMORANDUM
Clau ;c 3 of the Bill seeks to widen the powers of Labour Courts, Industrial Tribunals "and National Tribunals, in adjudication proceedings under section 10 of the Industrial Disputes Act, 1947, to review orders of dismissals and discharges of workmen, and also to determine as may be Just and necessary, any less severe punishment than the order of dismis- sal or discharge in question, in any particular case. The extra time required for the purpose of review of the cases by the adjudicating bodies like Labour Courts, etc.j is not likely to be appreciable as even at present, the parties may be presenting facts and merits of the cases before such adjudi- cating bodies. It is proposed to manage, as far asjjpossible, the probable increase in work-load with the existing complement of adjudication machinery. Hence, the provision is not likely to involve any appreciable additional expenditure immediately or in the near future. In any case, the extra expenditure, which will be Jof recurring^nature, is not expected to exceed Rs. 15,000 per annum.
B. N. BANERJEE,
Secretary.
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DELHI, 1966.