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Unit 10: Industrial Disputes Act, 1947

In this Act, unless there is anything repugnant in the subject or context, Notes
(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;
(bb) “banking company” means a banking company as defined in section 5 of the 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

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