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INDUSTRIAL DISPUTES ACT, 1947

INDUSTRIAL DISPUTES ACT, 1947

14 of 1947

An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. Whereas it is expedient to make provision for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing : It is hereby enacted as follows :

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Industrial Disputes Act, 1947. (2) It extends to the whole of India. (3) It shall come into force on the first day of April, 1947.

SECTION 02: DEFINITIONS

In this Act, unless there is anything repugnant in the subject or context,-

(a) "appropriate Government" means-

(i) in relation to any industrial disputes 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 5-A 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 3-A 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 5-A and section 5-B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), or 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 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, 19.6 (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 Corporation of India Limited, or the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987) or the Banking Service Commission established under section 3 of the Banking Service Commission Act, 1975, 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 calen- dar 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 established under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 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, 1969, a corresponding new bank constituted under section 3 of the Banking Companies Acquisition and Transfer of Undertakings Act, 1970, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, and any subsidiary bank, as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);

(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 an 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 b.y 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) ***

(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 a vocation of workmen; The following clause (j) shall he substituted by the Industrial Disputes (Amendment) Act, 1982 with effect from date yet to be notified:

(j) "industry" means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,-

(i) any capital has been invested for the purpose of carrying on such activity; or

(ii) such activity is carried on with a motive to make any gain or profit, and includes-

(a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1949) ;

(b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include-

(1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation: For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of 11 2 of the Plantations Labour Act, 1951 (69 of 1951); or

(2) hospitals or dispensaries ; or

(3) educational, scientific, research or training institutions ; or

(4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service; or

(5) khadi or village industries ; or

(6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or

(7) any domestic service ; or

(8) any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten ; or

(9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the cooperative society, club or other like body of individuals in relation to such activity is less than ten;

(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 person ;

(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 activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking ;

(b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking ;

(kk) "insurance company" means an insurance company as defined in section 2 of the Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State ;

(kka) "khadi" has the meaning assigned to it in clause (d) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956) ;

(kkb)"Labour Court" means a Labour Court constituted under section 7;

(kkk) "lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster-rolls of his industrial establishment and who has not been retrenched ; Explanation: Every workman whose name is borne on the musterrolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid Off for that day within the meaning of this clause: Provided that if the workman, instead of being given employment at the commencement of any shift for any day, is asked to present himself for the purpose during the second half of the shift for the day and is given employment, then, he shall be deemed to have been laid off only for one half of that day : Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day ;

(l) "lock-out" means the temporary closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him ;

(la) "major port" means a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908) ;

(lb) "mine" means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952) ;

(ll) "National Tribunal" means a National Industrial Tribunal constituted under section 7B;

(lll) "office bearer", in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;

(m) "prescribed" means prescribed by rules made under this Act ;

(n) "public utility service" means

(i) any railway service or any transport service for the carriage of passengers or goods by air;

(ia)any service in, or in connection with the working of, any major port or dock;

(ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends;

(iii) any postal, telegraph or telephone service ;

(iv) any industry which supplies power, light or water to the public ;

(v) any system of public conservancy or sanitation ;

(vi) any industry specified in the First Schedule which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification: Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension:

(o) "railway company" means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890);

(oo) "retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include

(a) voluntary retirement of the workman ; or

(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or

(bb) termination of the service of the workman as a result of the non-removal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or

(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;

(q) "strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment;

(qq) "trade union" means a trade union registered under the Trade Unions Act, 1926 (16 of 1926) ;

(r) "Tribunal" means an Industrial Tribunal constituted under section 7-A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act ;

(ra) "unfair labour practice" means any of the practices specified in the Fifth Schedule;

(rb) "village industries" has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);

(rr) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment, or of work done in such employment, and includes-

(i) such allowances (including dearness allowance) as the work- man is for the time being entitled to ;

(ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles;

(iii) any travelling concession;

(iv) any commission payable on the promotion of sales or business or both; but does not include

(a) any bonus;

(b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force ;

(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or 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 the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii) who is employed in the police service or as an officer or other employee of a prison ; or

(iii) who is employed mainly in a managerial or administrative capacity; or

(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.

SECTION 02A: DISMISSAL, ETC., OF AN INDIVIDUAL WORKMAN TO BE DEEMED TO BE AN INDUSTRIAL DISPUTE

Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.

ANDHRA PRADESH Section 2A shall be numbered as sub-section (1) thereof and after the sub,- section, as so renumbered, the following subsection (2) shall be inserted :- "(2) Notwithstanding anything in section 10, any such workman as is specified in sub-section (1) may, make an application in the prescribed manner direct to the Labour Court for adjudication of the dispute referred to therein; and on receipt of such application the Labour Court shall have jurisdiction to adjudicate upon any matter in the dispute, as if it were a dispute referred to or pending before it, in. accordance with the provisions of this Act; and accordingly all the provisions of this Act, shall apply in relation to such dispute as they apply in relation to any other industrial dispute." - Andhra Pradesh Act No. 32 of 1987.

TAMIL NADU Section 2A shall be re-numbered as sub-section (l) of that section and after the said sub-section (1) as so re-numbered, the following sub-section shall be added, namely:- "(2) Where no settlement is arrived at in the course of any conciliation proceeding taken under this Act in regard to an industrial dispute referred to in sub-section (7), the aggrieved individual workman may apply, in the prescribed manner, to the Labour Court for adjudication of such dispute and the Labour Court shall proceed to adjudicate such dispute, as if such dispute has been referred to it for adjudication and accordingly all the provisions of this Act relating to adjudication of industrial disputes by the Labour Court shall apply to such adjudication." - Tamil Nadu Act No. 5 of 1988.

WEST BENGAL In section 2A: (a) after the words "dismisses, retrenches", the words "refuses employment" shall be inserted ; (b) after the words "dismissal retrenchment", the words "refusal of employment" shall be inserted - West Bengal Act No. 33 of 1989.

SECTION 03: WORKS COMMITTEE

(1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926).

(2) It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters.

SECTION 04: CONCILIATION OFFICERS

(1) The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.

(2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

SECTION 05: BOARDS OF CONCILIATION

(1) The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute.

(2) A Board shall consist of a Chairman and two or four other members, as the appropriate Government thinks fit.

(3) The Chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party: Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the appropriate Government shall appoint such persons as it thinks fit to represent that party.

(4) A Board, having the prescribed quorum, may act notwithstanding the absence of the Chairman or any of its members or any vacancy in its number: Provided that if the appropriate Government notifies the Board that the services of the Chairman or of any other member have ceased to be available, the Board shall not act until a new chairman or member, as the case may be, has been appointed.

SECTION 06: COURTS OF INQUIRY

(1) The appropriate Government may as occasion arises by notification in the Official Gazette, constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.

(2) A Court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a Court consists of two or more members, one of them shall be appointed as the chairman.

(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number: Provided that, if the appropriate Government notifies the Court that the services of the Chairman have ceased to be available, the Court shall not act until a new chairman has been appointed.

SECTION 07: LABOUR COURTS

(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act.

(2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.

(3) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court, unless-

(a) he is, or has been, a Judge of a High Court ; or

(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge ; or

(d) he has held any judicial office in India for not less than seven years; or

57(e) he has been 'the Presiding Officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years.

GUJARAT In section 7, in sub-section (3),- ( i) in clause ( b), after the words "Additional District Judge," the words "or a Joint Judge or an Assistant Judge" shall be inserted; (ii) in clause (d), for the words "seven years' the words "five years' shall be substituted; (iii) in clause (e), for the words "five years' the words "three years' shall be substituted and the

word "or' shall be added at the end; (iv) after clause (e), the following clause shall be added, namely :- "(f) he has practised as an advocate or attorney for not less than seven years in a High Court or any Court subordinate thereto or in any Industrial Court or Industrial Tribunal or Labour Court constituted under any law for the time being in force;' - Gujarat Act No. 28 of 1977.

HARYANA In sub-section (3) of section 7,- (i) for clause (b), the following clause shall be substituted, namely:- "(b) he is qualified for appointment as, is, or has been, a District Judge or an Additional District Judge, or"; and (ii) after clause (c), the following clause shall be inserted, namely :- "(cc) He has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or" - Haryana Act No. 39 of 1976.

MADHYA PRADESH In section 7, after sub-section (1), the following sub-section shall be inserted, namely:- "(1A) In addition to the functions specified in sub-section (1) the Labour Court shall try offences punishable under this Act and the Acts specified in Part B of the Second Schedule." - Madhya Pradesh Act No. 43 of 1981.

MAHARASHTRA In section 7 in sub-section (3), after clause (d) the following clauses shall be inserted, namely:- "(d-1) he has practised as an advocate or attorney for not less than seven years in the High Court, or any court subordinate thereto, or any Industrial Court or Tribunal or Labour Court, constituted under any law for the time being in force; or (d-2) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of a Deputy Registrar of any such Industrial Court or Tribunal for not less than five years; or" - Maharashtra Act No. 56 of 1974. After clause (d-2), the following new clause shall be inserted, namely;- "(d-3) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than five years; or" - Maharashtra Act No. 22 of 1976.

PUNJAB (PRIOR TO AMENDMENT OF 1964) In sub-section (3) of section 7 at the end of clause (b), the word 'or' and the following new clauses shall be added, namely :- "(c) he is or has been a District Judge; or (d) he has held the office of the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950 or of any Tribunal, for a period not less than two years." - Punjab Act No. 8 of 1957.

UTTAR PRADESH (PRIOR TO AMENDMENT OF 1964) 2. After subsection (3) of section 7 the following shall be added as a new sub- section (3A)- "(3A) In relation to an industrial dispute other than that referred in sub-clause (i) of clause (a) of section 2 or in section 4 of the Industrial Disputes (Banking and Insurance (Companies Act), 1949, the provisions of sub-section (3) shall have effect as if- (a) after clause (c), the following new clauses (d) and (e) had been added- "(d) is or-has been a Magistrate of the first class for a period exceeding two years." "(e) is a person possessing more than two years practical experience of adjudicating or settling industrial disputes." (b) in the proviso after the words 'clause (b)' the words 'or clause (d) or clause (e)' had been added." - Uttar Pradesh Act No. 25 of 1951.

WEST BENGAL For clause (b) of sub-section (3) of section 7, the following clause shall be substituted:- "(b) he is, or has been, a District Judge or an Additional District Judge; or" - West Bengal Act, 35 of 1989.

SECTION 07A: TRIBUNALS

(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule and for performing such other functions as may be assigned to them under this Act. (2) A Tribunal shall consist of one person only to be appointed by the appropriate Government. (3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless- (a) he is, or has been, a Judge of a High Court; or (aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; *** (b) *** (4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it.

GUJARAT In section 7A :- in clause (ad), after the words "an Additional District Judge" the words "or a Joint Judge or an Assistant Judge" shall be inserted; in clause (b), the word "or" shall be added at the end; after clause (b), the following clause shall be added, namely :- "(c) he has for not less than five years been the presiding officer of a Labour Court constituted under any law for the time being in force." - Gujarat Act No. 28 of 1977. In section 7A, in sub-section (3), after clause (c), the following clause shall be added, namely:- "(d) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years." - Gujarat Act No. 22 of 1981.

HARYANA In sub-section (3) of section 7A,- (i) for clause (aa), the following clause shall be substituted, namely :- "(aa) he is qualified for appointment as, is, or has been, a District Judge or an Additional District Judge; or", and (ii) after clause (aa), the following clause shall be inserted, namely:- "(aaa) he has been a Commissioner of a division or an administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or"- Haryana Act No. 39 of 1976

KARNATAKA In sub-section (3) of section 7A after clause (a), the following clause shall be inserted, namely:- "(aa) he is, or has been a District Judge for a period of not less than three years, or" - Mysore Act No. 6 of 1963 and Mysore Act No. 35 of 1963

KERALA In sub-section (3) of section 7A for clause (a), the following clause shall be substituted, namely:- "(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for appointment as a Judge of a High Court; or" - Kerala Act No. 28 of 1961

MADHYA PRADESH In section 7A in sub-section (3), the following sub-section shall be substituted, namely:- "(3) A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless- (a) he is, or has been, a Judge of a High Court; or (b) he is eligible for being appointed a Judge of a High Court; or (c) he has worked as President of the Board of Revenue; or (d) he has worked as member of the Board of Revenue for a period of not less than three years; or (e) he has worked as Commissioner of Labour for a period of not less than three years: or (f) he has worked as a member of the Industrial Court constituted under section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960), for a period of not less than-five years" - Madhya Pradesh Act No. 19 of 1988

MAHARASHTRA In section 7A in sub-section (3), in clause( a), after the words "a Judge of a High Court" the following shall be inserted, namely :- "or a District Judge or a person qualified for appointment as a Judge of a High Court" -Maharashtra Act No. 2 of 1963 In section 7A in sub-section (3),- (i) in clause (aa), for the words "an Additional District Judge; or" words "an Additional District Judge or an Assistant Judge; or" shall be substituted; and (ii) after clause (b), the following new clause shall be inserted, namely :- ''(c) he has for not less than five years been a Presiding Officer of the Labour Court, constituted under any law for the time being in force - Maharashtra Act No. 56 of 1974. In section 7A of the principal Act, in sub-section (3), after clause (c), the following new clause shall be inserted, namely :- ''(d) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years." - Maharashtra Act No. 22 of 1976.

ORISSA After clause (a) of sub-section (3) of section 7A, ins

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