Page 183 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes 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;
(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:
Provided that where several activities are carried on in an establishment or undertaking and
only one or some of such activities is or are an industry or industries, then (a) if any unit of such
establishment or undertaking carrying on any.

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