Page 79 - DCOM207_LABOUR_LAWS

Labour Laws

Notes 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 any industry carried on by or under
the authority of the Central Government, or by a railway company or concerning any
such controlled industry as may be specified in this behalf by the Central Government
or in relation to an industrial dispute concerning a Dock Labour Board established
under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of
1948), or 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), or the Life Insurance Corporation of India established
under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or the Oil
and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1
of 1956), or the 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 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 Limited, the National Housing Bank established under
section 3 of the National Housing Bank Act, 1987 (53 of 1987), or an air transport
service, or a banking or an insurance company, a mine, an oil field, a Cantonment
Board, or a major port, the Central Government, and
(ii) in relation to any other industrial dispute, the State Government;
(aa) “arbitrator” includes an umpire;

(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;

(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;

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