Page 109 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes (3) It applies to every industrial establishment wherein one hundred or more workmen
are employed, or were employed on any day of the preceding twelve months:

Provided that the appropriate Government may, after giving not less than two
months' notice of its intention so to do, by notification in the Official Gazette, apply
the provisions of this Act to any industrial establishment employing such number
of number of persons less than one hundred as may be specified in the notification.
(4) Nothing in this Act shall apply to:

(i) Any industry to which the provisions of Chapter VII of the Bombay Industrial
Relations Act, 1946, apply; or

(ii) Any industrial establishment to which the provisions of the Madhya Pradesh
Industrial Employment (Standing Orders) Act, 1961 apply:

Provided that notwithstanding anything contained in the Madhya Pradesh
Industrial Employment (Standing Orders) Act, 1961, the provisions of this Act
shall apply to all industrial establishments under the control of the Central
Government.
History of the Act: The Act has been amended by the Indian Independence (Adaptation of
Central Acts and Ordinances ) Order, 1943; The A.O. 1950; Act 3 of 1951; Act 36 of 1956; Act
16 of 1961; Act 39 of 1963; 51 of 1970 and 18 of 1982.

Object of the Act: That the object of the Act is to have uniform Standing Orders providing
for the matters enumerated in the Schedule to the Act, that it was not intended that there
should be different conditions of service for those who are employed before and those
employed after the Standing Orders came into force and finally, once the Standing Orders
come into the force, they bind all those presently in the employment of the concerned
establishment as well as those who are appointed thereafter. Agra Electric Supply Co. Ltd. v.
Aladdin, (1969) 2 SCC 598; U.P. Electric Supply Co. Ltd. v. Their Workman, (1972) 2 SEC 54.
2. Interpretation: In this Act, unless there is anything repugnant in the subject or context:

(a) "appellate authority" means an authority appointed by the appropriate Government
by notification in the Official Gazette to exercise in such area as may be specified in
the notification the functions of an appellate authority under this Act :
[Provided that in relation to an appeal pending before an Industrial Court or other
authority immediately before the commencement of the Industrial Employment
(Standing Orders) Amendment Act, 1963, that Court or authority shall be deemed to
be the appellate authority]
(b) "appropriate Government" means in respect of industrial establishments under the
control of the Central Government or a [Railway administration] or in a major Port,
mine or oil field, the Central Government, and in all other in all other cases the State
Government]
[Provided that where question arises as to whether any industrial establishment is
under the control of the Central industrial establishment is under the control of the
Central Government that Government may, either on a reference made to it by the
employer or the workman or a trade union or other representative body of the
workmen, or on its own motion and after giving the parties an opportunity of being
heard, decide the question and such decision shall be final and binding on the
parties]

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