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Unit 5: Industrial Disputes Act

(bb) “banking company” means a banking company as defined in section 5 of the Notes
Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more
than one State, and includes the Export - Import Bank of India the Industrial Reconstruction
Bank of India, the Industrial Development Bank of India, the Small Industries Development
Bank of India established under section 3 of the Small Industries Development Bank of
India Act, 1989, the Reserve Bank of India, the State Bank of India, a corresponding new
bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (5 of 1970) a corresponding new bank constituted under section
3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of
1980), and any subsidiary bank, as defined in the State Bank of India (Subsidiary Banks)
Act, 1959 (38 of 1959);

(c) “Board” means a Board of Conciliation constituted under this Act;
(cc) “closure” means the permanent closing down of a place of employment or part thereof;
(d) “conciliation officer” means a conciliation officer appointed under this Act;
(e) “conciliation proceeding” means any proceeding held by a conciliation officer or Board
under this Act;
(ee) “controlled industry” means any industry the control of which by the Union has been
declared by any Central Act to be expedient in the public interest;

(f) “Court” means a Court of Inquiry constituted under this Act;
(g) “employer” means–
(i) in relation to any industry carried on by or under the authority of any department
of the Central Government or a State Government, the authority prescribed in this
behalf, or where no authority is prescribed, the head of the department;
(ii) in relation to an industry carried on by or on behalf of a local authority, the chief
executive officer of that authority;
(gg) “executive”, in relation to a trade union, means the body, by whatever name called, to
which the management of the affairs of the trade union is entrusted;

(h) clause (h) omitted by the A.O. 1950.
(i) a person shall be deemed to be “independent” for the purpose of his appointment as the
Chairman or other member of a Board, Court or Tribunal, if he is unconnected with the
industrial dispute referred to such Board, Court or Tribunal or with any industry directly
affected by such dispute:
Provided that no person shall cease to be independent by reason only of the fact that he
is a shareholder of an incorporated company which is connected with, or likely to be
affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate
Government the nature and extent of the shares held by him in such company;
(j) “industry” means any business, trade, undertaking, manufacture or calling of employers
and includes any calling, service, employment, handicraft, or industrial occupation or
avocation of workmen;
(k) “industrial dispute” means any dispute or difference between employers and employers,
or between employers and workmen, or between workmen and workmen, which is
connected with the employment or non-employment or the terms of employment or with
the conditions of labour, of any persons;

(ka) “Industrial establishment or undertaking” means an establishment or undertaking in
which any industry is carried on:

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