Page 83 - DCOM207_LABOUR_LAWS

Labour Laws

Notes and employees, which is connected with the employment and non-employment or the terms of
employment or with the condition of labour of any person. [Section 2(k)].
Industrial Disputes concerning any industry carried on by or under the authority of Central
Government or by a Railway company or concerning any such controlled industry as may be
specified or major part the Central Government.

Example: In relation to other industrial disputes the State Government: In HEC
Majdoor Union Vs. State of Bihar S.C. (1969), it was held that in respect of Central Public Sector
Undertakings the State where the factory was situated was the appropriate Government. This
decision was changed in Air India case S.C. 1997 where it was held that in respect of Central
Public Undertakings the appropriate Government is the Central Government. This definition of
appropriate Government is applicable to contract labour (R&A) Act, 1970 and Payment of Bonus
Act, 1965.
The term “Industry” includes not only manufacturing and commercial establishments but also
professionals like that of the lawyers, medical practitioners, accountants, architects, etc., clubs,
educational institutions like universities, cooperatives, research institutes, charitable projects
and other kindred adventures, if they are being carried on as systematic activity organised by
cooperation between employers and employees for the production and/or distribution of goods
and services calculated to satisfy human wants and wishes. It also includes welfare activities
or economic adventures or projects undertaken by the government or statutory bodies, and,
Government departments discharging sovereign functions if there are units which are industries
and which are substantially severable units. (Judgement dated 21.2.78 in the civil appeals no. 753-
754 in the matter of Bangalore Water Supply & Sewerage Board etc. vs. Rajappa & Sons, etc.).

Sec. 2 (s) defines “workman” as any person (including an apprentice) employed in any industry
to do any skilled, unskilled manual, supervisory, operational, technical or clerical work for hire
or reward. Whether the terms of employment be expressed or employed and for the purposes
of any proceedings under this act in relation to an industrial dispute, includes any such person
who has been dismissed, discharged, retrenched 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 Air Force Act, Army Act or Navy Act or (ii) who is
employed in police service or prison service, (iii) who is employed mainly in a managerial and
advisory capacity or (iv) who being employed in supervisory capacity draws wages exceeding
` 1600 and exercises by the nature of the duties attached to the office or by means of powers
vested in him, functions mainly of a managerial nature. May and Baker India case S.C. (1976)
which led to passing of Sales Promotion Employees Act, 1976, had been stipulated that sales /
medical representatives are not workmen under Sec. 2(s) of ID Act.
The provisions of ID Act, 1947 will be applicable to certain class of working journalists as per
section 3 of Working Journalists Act 1955.

Self Assessment

Fill in the blanks:
4. ................... being a subject in the concurrent list, State-level labour regulations are also an
important determinant of industrial performance.
5. For purposes of this Act the term ................... is defined as dispute or difference between
employers and employees, which is connected with the employment and non-employment
or the terms of employment or with the condition of labour of any person.
6. Sec. 2 (s) defines ................... as any person (including an apprentice) employed in any
industry to do any skilled, unskilled manual, supervisory, operational, technical or clerical
work for hire or reward.

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