THE UNITED PROVINCES INDUSTRIAL DISPUTE ACT, 1947 — English

English

Find in this text

English — official source version

english_28_of_1947.pdf.txt

UNITED PROVINCES INDUSTRIAL DISPUTE ACT, 19471

[ U. P. ACT No. XXVIII OF 1947 ]

Amended by

U. P. Act No. XXV of 1950

U. P. Act No. XXIII of 1953

U. P. Act No. I of 1957

U. P. Act No. XXIII of 1957

U. P. Act No. II of 1966

U. P. Act No. 34 of 1978

U. P. Act No. 26 of 1983

U. P. Act No. 03 of 1991

U. P. Act No. 21 of 2000

U. P. Act No. 02 of 2007

U.P. Act No. 15 of 2021

Adopted and modified by the Adaptation of Laws Order, 1950

[Passed by the U. P. Legislative Assembly on November 10,

1947 and by the United Provinces Legislative Council on

November 17, 1947.

[ Received the assent of the Governor General on December

21, 1947 under section 76 of the Government of India Act, 1935

as adapted and modified by the Indian (Provisional Constitution

Order, 1947, and was published in the U. P. Government Gazette

of January 10, 1948.]

ACT

to provide for powers to prevent strikes and lock-outs to settle industrial
disputes and for other incidental matters

—————

Preamble WHEREAS it is necessary to provide for powers to prevent strikes
and lock-outs, and for the settlement of industrial disputes and other
incidental matters ;

Short title,
extent and
commencement

It is hereby enacted as follows :

1. (1) This Act may be called the “the United Provinces
Industrial Disputes Act, 1947.”

1. For S. O. R., see Gazette. Extra., dt. Oct. 27, 1947.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(2) It extends1 to the whole of 2[Uttar Pradesh].

(3) It shall come into force on such date 3 as the [State
Government]4 may, by notification in the Official Gazette, appoint in this

behalf.

Definition 5 [2. (a) “Apprentice” means a person employed in an
industry for the purpose of training therein in accordance with a

scheme prepared in that behalf and approved by the State
Government ;

(b) “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 shall be calculated

as the average of the wages payable to a workman during the period he

actually worked ;

1. This Act has been extended to the areas mentioned in column 1 of this table under the Act or orders
mentioned in Column 2 and enforced in such areas under notification, if any, mentioned in Column 3 with
effect from the date mentioned in Column 4 against each such area :

—————————————————————————————————————————————————————
Act or Order Notification, if Date from

Areas under which any, under which
extended which enforced enforced

————————————————————————————-————————————————————————-
1 2 3 4

—————————————————————————————————————————————————————
1. Rampur Rampur (Application
District of Laws) Act, 1950. - - 30-12-1949

2. Banaras Banaras (Application No. 3262(1)/
District of Laws) Order, 1949 XVII, dated 30-11-1949

November 30,
1949

3. Tehri- Tehri-Garhwal No. 3262(2)/
Garhwal Application of Laws) XVII, dated 30-11-1949
District Order, 1949. November 30,

1949.

2. Subs. by the A. O. 1950 for (the United Provinces.)

3. The Act come into force on February 1, 1948, see notification no. 495(ST) XVIII, dt. Jan. 19, 1948, Pt. I, P. 71

4. Subs. by the A. O. 1950 for (Provl. Government)

5. Subs. by S. 2 of U. P. Act I of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(c) “Award” means an interim or final determination of any
industrial dispute or of any question relating thereto by any Labour
Court or Tribunal and includes an arbitration award made under
section 5-B ;

Act No. X of
1897

(d) “Board” means a Conciliation Board constituted under
clauses (d) of section 3 ;

(e) “Central Government” means Central Government as defined
in clause 8 of section 3 of the General Clauses Act, 1897 ;

1[ (ee) “closure” means the permanent closing down of a place of
employment or part thereof ; ]

(f) “Conciliation Officer” means a Conciliation Officer appointed
under section 4-F ;

(g) “Continuous service” means uninterrupted service and
includes service which may be interrupted merely on account of
sickness or authorized leave or an accident or a strike which is not
illegal, or a lock-out or a cessation of work which is not due to any fault
on the part of the workman, and a workman, who, during a period of
twelve calendar months has actually worked in an industry for not less
than two hundred and forty days shall be deemed to have completed one
year of continuous service in the industry.

Explanation — In computing the number of days on which a
workman has actually worked in an industry, the days on which —

Act No. XX
of 1946

(i) he has been laid-off under an agreement or as permitted by
standing orders made under the Industrial Employment (Standing
Orders) Act, 1946, or under this Act or under any other law applicable
to the industrial establishment, the largest number of days during
which he has been so laid-off being taken into account for the purposes
of this clause ;

(ii) he has been on leave with full wages earned in the previous
year ; and

(iii) in the case of a female, she has been on maternity leave so
however that the total period of such maternity leave shall not exceed
twelve weeks, shall be included.

Act No. XIV
of 1947

(h) “Controlled Industry” will have the meaning assigned to it in
clause (ee) of section 2 of the Industrial Disputes Act, 1947 ;

(i) “Employer” includes —

(i) an association or a group of employees ;

(ii) where an industry is conducted or carried on by a department
of the State Government, the authority specified in that behalf, and
where no such authority has been specified the head of such
department ;

1. Ins. by sec. 2 of U. P. Act no. 26 of 1983.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(iii) where an industry is conducted or carried on by or on behalf
of a local authority, the chief executive officer of such authority ;

(iv) where the owner of any industry in the course of or for the
purpose of conducting the industry contracts with any person for the
execution by or under such person of the whole or any part of any work
which is ordinarily part of the industry, the owner of such industry ;

(j) 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 share-holder of an incorporated company
which is connected with or likely to be affected by such industrial
dispute but in such case he shall disclose to the State Government the
nature and extent of the share held by him in such company ;

(k) “Industry” means any business, trade, undertaking,
manufacture or calling of employers and includes any calling, service,
employment, handicraft, or industrial occupation or avocation of
workman ;

(l) “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 but does not include an industrial
dispute concerning —

(i) any industry carried on by or under the authority of the
Central Government or by a Railway Company ; or

(ii) such controlled industry as may be specified in the behalf by
the Central Government ; or

Act no. XIV
of 1947

(iii) banking and insurance companies as defined in the
Industrial Disputes Act, 1947 ; or

(iv) a mine or an oil-field ;

(m) “Labour Court” means a Labour Court constituted under
section 4-A ;

(n) “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 stock or the break-down of machinery, or for other 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 ;

[United Provinces Industrial Dispute Act, 1947]

Explanation — Every workman whose name is borne on the
muster-rolls of the industrial establishment and who presents himself
for work at the establishment at the time appointed for the purposes
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 workmen, 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 ;

(o) “Lock-out” means the 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 ;

(p) “Prescribed” means prescribed by the rules framed under this
Act ;

(q) “Public Utility Service” means —

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

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

(iii) any system of public conservancy and sanitation ;

(iv) any industry or undertaking which the State 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 State Government public emergency or
public interest requires such extension ;

(r) “Registration” as respect any settlement means registration in
accordance with section 6-B ;

(s) “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 —

[United Provinces Industrial Dispute Act, 1947]

(i) voluntary retirement of the workman ; or

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

(t) “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 an agreement has been signed by
the parties thereto in such a manner as may be prescribed and a copy
thereof has been sent to the State Government and the Conciliation
Officer ;

(u) “State Government” means the Government of Uttar Pradesh;

(v) “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 ;

Act No. XVI
of 1926

(w) “Tribunal” means an Industrial Tribunal appointed under
section 4-B ;

(x) “Union” means a Trade Union registered under the Indian
Trade Unions Act, 1926 ;

(y) “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, and includes —

(i) such allowances (including dearness allowance) as the
workman 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 food grains or other articles ;

(iii) any travelling concession, 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 ;

(z) “Workman” means any person (including an apprentice)
employed in any industry to do any skilled or unskilled manual,
supervisory, technical or clerical 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,

[United Provinces Industrial Dispute Act, 1947]

includes any such person who has been dismissed, discharged or
retrenched in connexion 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 —

Act No. 46 of
1950

Act No. 45 of
1950

Act No. 34 of
1934

(i) who is subject to the Army Act, 1950 or the Air Force Act,
1950, or the Navy (Discipline) Act, 1934 ; 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 five 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. ]1

Dismissal,
etc. of an
individual
workman to
be deemed to
be an
industrial
dispute

2[ 2-A. 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. ]

Power to
prevent
strikes, lock-
outs, etc.

3. If in the opinion of the State Government it is necessary or
expedient so to do for securing the public safety or convenience, or the
maintenance of public order or supplies and services essential to the life
of the community, or for maintaining employment, it may, by general or
special order, make provision —

(a) for prohibiting, subject to the provisions of the order, strikes
or lock-outs generally, or a strike or lock-out in connexion with any
industrial dispute ;

(b) for requiring employers, workmen or both to observe for such
period, as may be specified in the order, such terms and conditions of
employment as may be determined in accordance with the order ;

4 [(c) For appointing committees representative both of the
employer and workmen for securing amity and good relations between
the employer and workmen and for settling industrial disputes by
conciliation ; for consultation and advice on matters relating to
production, organization, welfare and efficiency ] .

1. Subs. by sec. 2 of U. P. Act no. I of 1957.

2. Ins. by sec. 2 of U. P. Act no. 34 of 1978.

3. Clause (c) dele. by s. 3 of U. P. Act I of 1957.

4. Add by s. 2 of U. P. Act XXV of 1950 as a new clause (cc) but renumbered as clause (c) by s. 3 of U. P.
Act I of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

1[(d) for constitution and functioning of Conciliation Boards for
settlement of industrial disputes in the manner specified in the order].

(e) for requiring any public utility service, or any subsidiary
undertaking not to close or remain closed and to work or continue to
work on such conditions as may be specified in the order ;

(f) for exercising control over any public utility service, or any
subsidiary undertaking by authorizing any person (hereinafter referred
to as an authorized controller) to exercise with respect to such service,
undertaking or part thereof, such functions of control as may be
specified in the order ; and on, the making of such order the service,
undertaking or part, as the case may be, shall so long as the order
continues to be carried on in accordance with any directions given by
the authorized controller in accordance with the provisions of the order;
and every person having any functions of management of such service,
undertaking or part thereof, shall comply with such directions;

(g) for any incidental or supplementary matters which appear to
the 2[State Government] necessary or expedient for the purposes of the
order :

Provided that no order made under clause (b) —

(i) shall require an employer to observe terms and conditions of
employment less favourable to the workmen than those which were
applicable to them at any time within three months preceding the date
of the order ;

(ii) 3[ * * * * ]
Control of
trade or
business of a
public utility
service or a
subsidiary
undertaking

4 [3-A. (1) Where the trade or business of any public utility
service or any subsidiary undertaking has closed or is likely to be
closed, the State Government, may, on the application of more than one-
half of the total number of partners and owning between them more
than fifty per cent share therein, by order, published in the Gazette,
authorize any person to carry on the trade or business, for the period, in
the manner and to the extent provided in the order :

Provided that no such order shall be made unless the State
Government is further satisfied that it is necessary for the maintenance
of supplies and services essential to the life of the community or for
maintaining employment :

Provided further that the State Government may, from time to
time, by order, published in the Gazette, extend the period specified in
the order aforesaid.

(2) While a person authorized under sub-section (1) is carrying
on the trade or business of the service or undertaking —

1. Subs. by sec. 3 of U. P. Act no. I of 1957.
2. Subs. by the A. O. 1950 for (Provl. Govt.).
3. Dels. by sec. 3 of U. P. Act no. I of 1957.
4. Added by s. 3 of U.P. Act no. XXV of 1950.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

[(a) such person shall be entitled to the management of the
affairs of the service or undertaking to the exclusion of any other person
acting or purporting to act on behalf of the firm, and for the purposes of
such management shall be entitled to employ such staff or other agency
as he thinks fit ;

(b) the partners or any other person shall not have the right to
control or take part in the carrying on of the trade or business ;

(c) such person shall be deemed to be acting as the agent of the
service or undertaking and subject only to such restrictions as the State
Government may impose, shall have in relation to the management of
the affairs of the service or undertaking all such powers and authority
as the service or undertaking itself would have if its trade or business
were not taken over under sub-section (1) ;

(d) such person shall not, in respect of such matters relating to
the said management as may be specified by order of the State
Government, be bound by any obligation or limitation imposed on him
as agent of the service or undertaking by or under any law, instrument
or contract ;

(e) such person shall be entitled to retain out of the assets of the
service or undertaking all costs, charges and expenses of, or incidental
to, the said management and such remuneration as may be fixed by the
State Government.

(3) No person authorized under sub-section (1) to carry on the
trade or business of any service or undertaking shall be personally liable
for acts done by him in good faith in the course of management of such
trade or business.

(4) Upon the publication of the order under sub-section (1), the
State Government shall, by order, direct the partners, directors,
secretary, manager or any other person in charge of the management of
the said service or undertaking to handover the management of the
trade or business of the said service or undertaking to the person
mentioned in the said order.

(5) The Collector may, at the request of the person, authorized
under sub-section (1), deliver charge of the service or undertaking to the
said person and may take or cause to be taken such steps and use or
cause to be used such force as may be necessary for this purpose.

Person
exercising
control under
section (3f)
to be deemed
to be
appointed
under section
3-A

3-B. Where on the date immediately preceding the date of the
commencement of the Uttar Pradesh Industrial Disputes (Amendment)
Act, 1950, any person was, in pursuance of an order made under clause
(f) of section 3, exercising control over any public utility service or any
subsidiary undertaking, he shall, notwithstanding anything in the said
clause or section 3-A, be deemed from the commencement of the said
Act to have been a person validity authorized under and in
accordance with section 3-A and the order aforesaid shall have effect]1

1. Add by s. 3 of U.P. Act No. XXV of 1950.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

Power to exempt
new industries

as if it were an order duly or validly passed under section 3-A. ]1
2[3 (C). Where the State Government is satisfied that to create

more economic activities and employment opportunities, it is
necessary in the public interest to do so, it may by notification in the
Gazette, exempt new industry or class of new industries which are
established within a period of One Thousand (1000) days after the
commencement of the Uttar Pradesh Industrial Disputes (Second
amendment) Act, 2020, from all or any provisions of the Act
conditionally or unconditionally for a period of One Thousand (1000)
days from the date of establishment of such industry or class of
industries.]

4. 3[ * * * * ]
Labour Court 4[4-A. (1) The State 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 First Schedule and for performing such other function as may be
assigned to them under this Act.

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

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

Act No. 48 of
1950

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

(b) 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 of not less than two years ; or

(c) he has been a Presiding Officer of a Labour Court
constituted under any Provincial Act or State Act for a period of not
less than five years ; or ]

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

(e) he is enrolled in the list prepared under section 4-D.
Tribunal 4-B. (1) The State 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 First Schedule or the Second Schedule.

(2) A Tribunal shall, except where otherwise provided under
section 5-A, consist of one person only to be appointed by the State
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
6[(aa) he has, for a period of not less than three years, been a

District Judge or an Additional District Judge ; or ]

1. Add. by s. 3 of U. P. Act XXV of 1950.
2. Ins. by sec. 2 of U.P. Act No. 15 of 2021.
3. Section 4 dele. by s. 4 of U. P. Act I of 1957.
4. Section 4-A to 4-K add. by s. 4 of U. P. Act I of 1957.
5. Original clauses (a) and (b) re-lettered as clauses (d) and (e) and new clauses (a) to (c) added by s. 2 of

U. P. Act II of 1966.
6. Add. by s. 3 of U. P. Act II of 1966

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

Act No. 48 of
1950

(b) 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, for a period of not less than
two years or of any Tribunal constituted under the U. P. Industrial
Disputes Act, 1947, for a period of not less than five years ; or

(4) The State Government may, if it so thinks fit, appoint up to
two persons as assessors to advise the Tribunal in the proceedings
before it.

Disqualifications
for the Presiding
Officer of
Labour Court or
Tribunal

4-C. No person shall be appointed to, or continue in, the office
of the Presiding Officer of a Labour Court or Tribunal, if —

(i) he is not an independent person ; or

(ii) he has attained the age of 65 years.

List of persons
for appointment
as Presiding a
Officer of
Labour Court or
Tribunal

4-D. For the purpose of constituting a Labour Court under
section 4-A and an Industrial Tribunal under section 4-B, the State
Government shall cause to be prepared —

(i) a list of all persons who may be appointed Presiding Officer
of a Labour Court, and

(ii) a list of all persons who may be appointed Presiding Officer
of an Industrial Tribunal.

and shall maintain the list by making such alterations therein as may,
from time to time, be reported by the Committee appointed under
section 4-E.

Committee to
prepare lists
under section
4-D

4-E. 1[ (1) The State Government shall constitute a committee
consisting of the following :—

(a) two Judges of the High Court nominated by the Chief
Justice of the High Court. The Judge, who is senior, shall be the
Chairman ;

(b) the Chief Secretary to the State Government ;

(d) the Principal Secretary to the State Government in the
Legislative Department ;

(e) the Principal Secretary to the State Government in the
Judicial Department ;

(f) the Labour Commissioner, Uttar Pradesh ;

(g) a person who is or has been, a member of a Public service
Commission, appointed by the State Government. ]

1. Subs. by sec. 2 of U. P. Act no. 21 of 2000.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(2) The Committee constituted under sub-section (1) shall, in the
manner prescribed, prepare the lists referred to in section 4-D having
regard —

(a) in the case of the list referred to in clause (i) of the said
section, to the education and practical experience of the person in
matters relating to Labour and Industry, and

(b) in the case of the list referred to in clause (ii) thereof, also to
special knowledge of the person in those matters.

1[(3) Only such person shall be eligible for enrolment in the lists
prepared under sub-section (2) who is or has been a member of the
State Higher Judicial Service or the Uttar Pradesh Nyayik Sewa, or is or
has been a member of the Indian Administrative Service, or the State
Civil Service (Executive Branch) or the State Labour Service and has
experience of dispensation of justice for a period of at least three years. ]

Conciliation
Officer

4-F. (1) The State 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, in the manner to be
prescribed.

(2) A Conciliation Officer may be appointed for specified area or
areas.

Filling of
vacancies

4-G. If, for any reason a vacancy occurs in the office of the
Presiding Officer of a Labour Court or Tribunal, the State Government
shall appoint any other person in accordance with the provisions of this
Act to fill the vacancy, and the proceedings may be continued before the
Labour Court or Tribunal, as the case may be, from the stage at which
the vacancy is filled.

Finality of
orders

4-H. No order of the State Government appointing any person on
the Board or as the Presiding Officer of a Labour Court or Tribunal shall
be called in question in any manner ; and no act or proceeding before
any Board, Labour Court or Tribunal shall be called in question in any
manner on the ground merely of the existence of any vacancy in, or
defect in, the constitution of such Board, Labour Court or Tribunal.

Notice of
change

4-I. No employer who proposes to effect any change in the
conditions of service applicable to any workman in respect of any matter
specified in the Third Schedule, shall effect such change, —

(a) without giving to the workmen likely to be affected by such
change a notice in the prescribed manner of the nature of the change
proposed to be effected ; or

(b) within twenty-one days of giving such notice.

1. Subs. by sec. 2 of U. P. Act no. 02 of 2007.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

Provided that no notice shall be required for effecting any such
change —

(i) where the change is effected in pursuance of any settlement,
award or decision of the Appellate Tribunal constituted under the
Industrial Disputes (Appellate) Tribunal Act, 1950 ; or

1 [(ii) where the change is likely to affect workmen who are
persons to whom the Fundamental and Supplementary Rules, Civil
Services (Classification, Control and Appeal) Rules, Civil Service
(Temporary Service) Rules, Civil Service Regulations or any other rules
or regulations that may be notified in this behalf by the State
Government in the official Gazette, apply. ]

Power of
Government
to exempt

4-J. Where the State Government is of opinion that the
application of the provisions of section 4-I to any class of industrial
establishments or to any class of workmen employed in any industrial
establishment affects the employers in relation thereto so prejudicially
that such application may cause serious repercussion on the industry
concerned and that public interest so requires, the State Government
may, by notification in the official Gazette, direct that the provisions of
the said sections shall not apply or shall apply, subject to such
conditions as may be specified in the notification, to that class of
industrial establishments or to that class of workmen employed in any
industrial establishment.

Reference of
disputes to
Labour Court
or Tribunal

4-K. Where the State Government is of opinion that any
industrial dispute exists or is apprehended, it may at any time by order
in writing refer the dispute or any matter appearing to be connected
with, or relevant to, the dispute to a Labour Court if the matter of
industrial dispute is one of those contained in the First Schedule, or to a
Tribunal if the matter of dispute is one contained in the First Schedule
or the Second Schedule for adjudication :

Provided that where the dispute relates to any matter specified in
the Second Schedule and is not likely to affect more than one hundred
workmen, the State Government may, if it, so thinks fit, make the
reference to a Labour Court. ]2

Power to
include other
undertakings
in any
adjudication

5. (1) Where an industrial dispute referred to
adjudication 3 [under section 4-K] has arisen only in a particular
undertaking or group of undertakings, the 4 [State Government] may
include in the adjudication proceedings any other undertaking either of
its own motion or on an application received in this behalf, whether an
industrial dispute exists at the time in that undertaking or not, provided
that the 4[State Government], is satisfied —

1. Subs. by sec. 3 of U. P. Act no. XXIII of 1957.

2. Sections 4-A to 4-K add. by s. 4 of U. P. act I of 1957.

3. Subs. by sec. 5 (1) of U. P. Act 1 of 1957.

4. Subs. by A. O. 1950 for (Provl. Govt.).

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(i) that the undertaking to be so included is engaged in the same
type of industry or business as the undertaking or the group of
undertakings in which the industrial dispute referred for adjudication
has arisen ; and

1[ * * * * ]

1[(ii) that the issues involved in the industrial dispute referred for
adjudication have already given rise, or are such as, in the
circumstances, may reasonably be expected to give rise, to a similar
dispute in the undertaking to be so included.]

(2) When an undertaking has been included in adjudication
proceedings under sub-section (1), the provisions of any order made
under this Act shall, save as may be expressly provided to the contrary
in any such order or award, apply to and in relation to such undertaking
as they apply to and in relation to any undertaking or group of
undertakings in which the industrial dispute referred for adjudication
arose.

Special
composition
of Tribunal

2[ 5-A. (1) Where any industrial dispute may be referred to an
Industrial Tribunal under section 4-K, the State Government, if, having
regard to the nature of the dispute and the effect which its decision is
likely to have on industry or any section thereof, or if the dispute is such
as is likely to affect more than one industrial establishment, it so
considers necessary, may constitute, notwithstanding anything in the
said section, a tribunal consisting of three persons of whom one to be
designated by the State Government, shall be the Chairman.

(2) Except as provided in sub-section (1) all the provisions of this
Act relating to the constitution of an Industrial Tribunal, the
qualification and disqualification of persons to be appointed thereto, the
powers and duties of such tribunals ; the procedure to be followed by it
in the hearing and disposal of industrial disputes, the making of the
award, its modification and enforcement shall mutatis mutandis apply to
a Tribunal constituted under this section.

Voluntary
reference of
disputed to
arbitration

5-B. (1) Where any industrial dispute exists or is apprehended
and the employer and the workmen agree to refer the dispute to
arbitration, they may, at any time before the dispute has been referred
under section 4-K to a Labour Court or Tribunal by a written agreement,
refer the dispute to arbitration and the reference shall be to such person
or persons (including the Presiding Officer of a Labour Court or a
Tribunal) as an arbitrator or arbitrators as may be specified in the
arbitration agreement.

(2) An arbitration agreement referred to in sub-section (1) shall be
in such form and shall be signed by the parties thereto in such manner
as may be prescribed.

1. Clause (ii) deleted by s. 5 (ii) of U. P. Act I of 1957 and clause (iii) renumbered as clause (ii).

2. Sections 5-A to 5-E add. by 6 of U. P. Act I of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(3) A copy of the arbitration agreement shall be forwarded to the
state Government, the Conciliation Officer and Labour Commissioner,
and the State Government shall within fourteen days from the date of
receipt of such copy publish the same in the official Gazette.

Act No. X of
1940

(4) The arbitrator or arbitrators shall investigate the dispute and
submit to the State Government the arbitration award signed by the
arbitrator or all the arbitrators, as the case may be.

(5) Nothing in the Arbitration Act, 1940 shall apply to arbitrations
under this section.

Procedure
and powers
of Boards,
Labour
Courts and
Tribunals

5-C. (1) Subject to any rules that may be made in this behalf, an
arbitrator, a Labour Court or a Tribunal shall follow such procedure as
the arbitrator, the Labour Court or the Tribunal concerned may think fit.

(2) A Presiding Officer of a Labour Court or a Tribunal may for
the purpose of enquiry into any existing or apprehended industrial
dispute, after giving reasonable notice, enter the premises occupied by
any establishment to which the dispute relates.

Act V of 1908

(3) Every Board, Labour Court and Tribunal shall have the same
powers as are vested in a Civil Court under the Code of Civil Procedure,
1908, when trying a suit in respect of the following matters namely —

(a) enforcing the attendance of any person and examining him on
oath or affirmation or otherwise ;

(b) requiring discovery and production of documents and material
objects ;

(d) inspection of any property or thing, including machinery
concerning any such dispute ; and

Act XLV of
1860

(e) in respect of such other matters as may be prescribed ;

and every enquiry or investigation by a Labour Court or Tribunal shall
be deemed to be a judicial proceeding within the meaning of sections 193
and 228 of the Indian Penal Code.

Power of the
Conciliation
Officer

5-D. (1) A Conciliation Officer may call for and inspect any
document which he has ground for considering to be relevant to the
industrial dispute or which he considers necessary for verifying the
implementation of any award or for carrying our any other duty imposed
on him under this Act, and for the aforesaid purposes, the Conciliation
Officer shall have the same powers as are vested in a Civil Court under
the Civil Procedure Code, 1908 in respect of compelling the production of
document before it.

(2) A Conciliation Officer may, for the purpose of enquiry into any
existing or apprehended dispute after giving reasonable notice enter the
premises occupied by any establishment.

[United Provinces Industrial Dispute Act, 1947]

Award of
costs

5-E. Subject to any rules made under this Act, the costs of, and
incidental to, any proceeding before an Arbitrator, a Labour Court or a
Tribunal shall be in the discretion of the arbitrator, Labour Court or
Tribunal, and the Arbitrator, Labour Court or Tribunal, as the case may
be, shall have full power to determine by and to whom and to what
extent and subject to what conditions, if any, such costs are to be paid,
and to give all necessary directions for the purpose aforesaid and such
costs may, on application made to the State Government by the person
entitled, be recovered by the State Government in the same manner as
an arrear of land revenue. ]1

Awards and
action to be
taken
thereon.

2 [6. (1) Where an industrial dispute has been referred to a
Labour Court or Tribunal for adjudication, it shall hold its proceedings
expeditiously and shall as soon as it is practicable on the conclusion
thereof, submit its award to the State Government.

(2) The award of a Labour Court or Tribunal shall be in writing
and shall be signed by its Presiding Officer.

3 [(2-A) An award in an industrial dispute relating to the
discharge or dismissal of a workman may direct the setting aside of the
discharge or dismissal and reinstatement of the workman on such terms
and conditions if any, as the authority making the award may think fit,
or granting such other relief to the workman, including the substitution
of any lesser punishment for discharge or dismissal, as the
circumstances of the case may require. ]

(3) Subject to the provisions of sub-section (4) every arbitration
award and the award of a Labour Court or Tribunal shall, within a
period of thirty days from the date of its receipt by the State
Government, be published in such manner as the State Government
thinks fit.

4 [(4) Before publication of an award of a Labour Court or
Tribunal under sub-section (3), if the State Government is of the opinion
that, —

(a) the adjudicating authority has unreasonably refused
permission to any party to adduce evidence ; or

(b) any party was prevented by any other sufficient cause from
adducing evidence ; or

(c) new and important material fact or evidence has come to
notice, which after the exercise of due diligence, was not within the
knowledge of or could not be produced by, the party at the time when
the award was made ; or

1. Section 5-A to 5-E add. by s. 6 of U. P. Act I of 1957.

2. Subs. by s. 7 of U. P. Act I of 1957.

3. Ins. by s. 4 of U. P. Act 34 of 1978.

4. Subs. by s. 2 of U. P. Act 03 of 1991.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(d) the award is likely to disturb the industrial Pease ; or

(e) the award is likely to affect prejudicially the national or State
economy ; or

(f) the award is likely to interfere with the principles of social
justice ; or

(g) the award has left undetermined any of the matters referred
for adjudication, or where it determines any matter not referred for
adjudication and such matter cannot be separated without affecting
the determination of the matters referred ; or

(h) the award is so indefinite as to be incapable of being
enforced; or

(i) illegality of the award is apparent upon the face of it, it may
after giving the parties reasonable opportunity of being heard, for
reasons to be recorded, remit the award for reconsideration of the
adjudicating authority, and that authority shall, after reconsideration,
submit its award to the State Government, and the State Government
shall publish the award in the manner provided in sub-section (3).]1

(5) Subject to the provisions of section 6-A, an award published
under sub-section (3) shall be final and shall not be called in question
in any court in any manner whatsoever.

(6) A Labour Court, Tribunal or Arbitrator may either of its own
motion or on the application of any party to the dispute, correct any
clerical or arithmetical mistakes in the award, or errors arising therein
from any accidental slip or omission. Whenever any correction is made
as aforesaid, a copy of the order shall be sent to the State Government
and the provision of this Act relating to the publication of an award
shall mutatis mutandis apply thereto.

Commencement
of the award.

6-A. (1) An award (including an arbitration award) shall become
enforceable on the expiry of thirty days from the date of its publication
under section 6 ;

Provided that if the State Government is of the opinion that it
will be inexpedient, 2 [on public grounds affecting national or State
economy or social justice] to give effect to the whole or any part of the
award, the State Government may, by notification in the official
Gazette, declare that the award shall not become enforceable on the
expiry of the said period of thirty days ;

Provided further that an arbitration award shall not become
enforceable where the State Government after such enquiry, as it

(2) Where any declaration has been made in relation to an
award under the first proviso to sub-section (1), the State Government

1. Subs. by s. 2 of U.P. Act no. 3 of 1991.

2. Subs. by s. 4 of U. P. Act XXIII of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

considers necessary, is satisfied that the same has been given or
obtained through collusion, fraud or misrepresentation. may within
ninety days from the date of publication of the award under section 6,
make an order rejecting or modifying the award, and shall on the first
available opportunity lay the award together with a copy of the order
before the Legislature of the State.

(3) Where any award as rejected or modified by an order made
under sub-section (2) is laid before the Legislature of the State, such
award shall become enforceable on the expiry of fifteen days from the
date on which it is so laid and where no order under sub-section (2) is
made in pursuance of a declaration under the first proviso to sub-
section (1), the award shall become enforceable on the expiry of the
period of ninety days referred to in sub-section (2).

(4) Subject to the provisions of sub-sections (1) and (3) regarding
the enforceability of an award, the award shall come into operation with
effect from such date as may be specified therein, but where no date is
specified, it shall come into operation on the date when the award
becomes enforceable under sub-section (1) or sub-section (3) as the case
may be. ]

Settlement
outside
conciliation
proceedings

1 [6-B. (1) A settlement arrived at by agreement between the
employer and workmen otherwise than in the course of conciliation
proceeding shall, except as provided in sub-section (4), be binding on
the parties to the agreement ;

Provided that if the period for which a settlement shall remain in
force, has not been laid down in such settlement itself, it shall remain in
force for one year from the date of its registration.

(2) As soon as a settlement referred to in sub-section (1) has been
arrived at, the parties to the settlement or any one of them may apply to
the Conciliation Officer of the area concerned in the prescribed manner
for registration of the settlement.

(3) On receipt of application for registration under sub-section (2)
the Conciliation Officer or an authority notified by the State Government
in this behalf, either (i) register the settlement in the prescribed manner,
or (ii) refuse registration if it considers it to be inexpedient to do so on
public grounds affecting social justice, or if the settlement has been
brought about as a result of collusion, fraud or misrepresentation.

(4) Where a settlement under sub-section (1) has refused
registration, it shall not be binding under this Act.

Award of
Labour Court
or Tribunal
or arbitration
and its
operation.

1[6-C. An award shall in the first instance remain in operation for
a period of one year or such shorter period as may be specified therein;

Provided that the State Government may extend the period of
operation of an award from time to time, if it thinks fit ;

1. Sections 6-B to 6-R add. by s. 8 of U. P. Act I of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

Provided further that where the State Government whether of its
own motion or on the application of any party bound by the award,
considers that since the award was made, there has been a material
change in the circumstances on which it was based, the State
Government may, after such enquiry as it may think fit, shorten the
period of operation of the award.

Commencement
and conclusion
of proceedings

[6-D. Proceedings before a Labour Court or Tribunal shall be
deemed to have commenced on the date of reference of a dispute to
adjudication, and such proceedings shall be deemed to have concluded
on the date on which the award becomes enforceable under
section 6-A.

Conditions of
service, etc. to
remain
unchanged in
certain
circumstances
during the
pendency of
proceedings.

6-E. (1) During the pendency of any conciliation proceeding
before a Conciliation Officer or a Board or of any proceeding before a
Labour Court or Tribunal in respect of an industrial dispute, no
employer shall —

(a) in regard to any matter connected with the dispute, alter to
the prejudice of the workmen concerned in such dispute, the
conditions of service applicable to them immediately before the
commencement of such proceeding, or

(b) for any misconduct connected with the dispute, discharge or
punish, whether by dismissal or otherwise, any workman concerned in
such dispute, save with the express permission in writing of the
authority before which the proceeding is pending.

(2) During the pendency of any such proceeding in respect of an
industrial dispute, the employer may, in accordance with the standing
orders applicable to a workman concerned in such dispute —

(a) in regard to any matter not connected with the dispute, the
conditions of service applicable to that workman immediately before the
commencement of such proceeding, or

(b) for any misconduct not connected with the dispute,
discharge or punish whether by dismissal or otherwise that workman ;

Provided that no such workman shall be discharged or
dismissed, unless he has been paid wages for one month and an
application has been made by the employer to the authority, before
which the proceeding is pending, for approval of the action taken by the
employer.

(3) Notwithstanding anything contained in sub-section (2) no
employer shall, during the pendency of any such proceedings in respect
of an industrial dispute take any action against any protected workman
concerned in such dispute —

(a) by altering to the prejudice of such protected workman, the
conditions of service applicable to him immediately before the
commencement of such proceeding, or ]1

1. Ins. by s. 8 of U.P. Act No. 1 of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(b) by discharging or punishing, whether by dismissal or
otherwise ; such protected workman, save with the express permission
in writing of the authority before which the proceeding is pending.

Explanation — For the purpose of this sub-section, a protected
workman in relation to an establishment means a workman who, being
an officer of a registered trade union, connected with the establishment,
is recognized as such in accordance with rules made in this behalf.

(4) In every establishment, the number of workmen to be
recognized as protected workmen for the purposes of sub-section (3)
shall not exceed one per cent of the total number of workmen employed
therein subject to a minimum number of five protected workmen and a
maximum number of one hundred protected workman and for the
aforesaid purpose, the State Government may make rules providing for
the distribution of such protected work man among various trade unions
if any workman, connected with the establishment and the manner in
which they may be chosen and recognized as protected workmen.

(5) Where an employer makes an application to a Board, Labour
Court or Tribunal under the proviso to sub-section (2) for approved of
the action taken by him, the authority concerned shall, without delay,
hear such application and pass, as expeditiously as possible, such order
in relation thereto as it deems fit.

Special
provision for
adjudication
as to whether
the
conditions of
service etc.
changed
during the
pendency of
proceedings

6-F. Where an employer contravenes the provisions of section
6-E during the pendency of proceedings before a Labour Court or
Tribunal, any workmen aggrieved by such contravention may make a
complaint in writing in the prescribed manner, to the Labour Court or
Tribunal as the case may be, and on receipt of such complaint that
Labour Court or Tribunal as the case may be, shall adjudicate upon the
complaint as if it were a dispute referred to or pending before it in
accordance with this Act and shall submit its award to the State
Government and the provisions of this Act shall apply accordingly.

Power to
transfer
certain
proceedings

6-G. 1[(1) The State Government may, by order in writing for
reasons to be recorded withdraw and transfer a proceeding from —

(i) one Labour Court to another Labour Court or any Tribunal ;

(ii) one Tribunal, to another Tribunal or to a Labour Court, if the
dispute is within the jurisdiction of the Labour Court, for the disposal of
the proceeding and the Labour Court or Tribunal to which the
proceeding is so transferred may, subject to any special directions in the
order of transfer, proceed either de nova or from the stage at which the
proceeding was so transferred. ]

Provided that where a proceeding under section 6-E or section
6-F is pending before a Tribunal the proceeding may also be transferred
to a Labour Court.

1. Subs. by s. 5 of U. P. Act 34 of 1978.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(2) Without prejudice to the provisions of sub-section (1) any
Tribunal, if so authorized by the State Government, may transfer any
proceeding under section 6-E or section 6-F pending before it to any
one of the Labour Courts specified for the disposal of such proceedings
by the State Government by notification in the official Gazette and the
Labour Court to which the proceeding is so transferred shall dispose of
the same.

Recovery of
money due
from an
employer.
U. P. Act I of
1957

6-H. 1[(1) Where any money is due to a workman from an
employer under the provisions of sections 6-J to 6-R or under a
settlement or award, or under an award given by an adjudicator or the
State Industrial Tribunal appointed or constituted under this Act
before the commencement of the Uttar Pradesh Industrial Disputes
(Amendment and Miscellaneous Provisions) Act, 1956, the workman,
may, without prejudice to any other mode of recovery, make an
application to the State Government for the recovery of the money due
to him, and if the State Government is satisfied that any money is so
due, it shall issue a certificate for that amount to the Collector who
shall proceed to recover the same as if it were an arrear of land revenue.]1

(2) Where any workman is entitled to receive from the employer
any benefit which is capable of being computed in terms of money, the
amount at which such benefit should be computed may, subject to any
rules, that may be made under this act, be determined by such Labour
Court as may be specified in this behalf by the State Government, and
the amount so determined may be recovered as provided for in sub-
section (1).

(3) For the purposes of computing the money value of a benefit,
the Labour Court may, if it so thinks fit appoint a Commissioner in the
prescribed manner who shall, after taking such evidence as may be
necessary, submit a report to the Labour Court and the Labour Court
shall determine the amount after considering the report of the
Commissioner and other circumstances of the case.

Representation
of the parties.

6-I. (1) Subject to the provisions of sub-section (2) and (3), the
parties to an industrial dispute may be represented before a Board,
Labour Court, or Tribunal in the manner prescribed.

(2) No party to any proceeding before a Board shall be
represented by a legal practitioner, and no party to any proceeding
before a Labour Court or Tribunal shall be represented by a legal
practitioner, unless the consent of the other party or parties to the
proceeding and the leave of the Presiding Officer of the Labour Court or
Tribunal, as the case may be has been obtained.

Act No. XVI of
1926

2[(3) No officer of a Union shall be entitled to represent any
party unless a period of two years has elapsed since its registration
under the Indian Trade Unions Act, 1926 and the Union has been
registered for one trade only :

1. Subs. by s. 5 of U. P. Act XXIII of 1957.
2. Subs. by s. 6 of ibid.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

Provided that an officer of a federation of unions may subject to
such conditions, as may be, prescribed represent any party. ]1

Non-
application
of the
provision for
lay-off in
certain cases.

6-J. (1) Sections 6-K to 6-M inclusive shall not apply —

(a) to industrial establishment in which less than fifty workmen
on an average per working day have been employed in the preceding
calendar month, or

(b) to industrial establishments which are of a seasonal character
or in which work is performed only intermittently.

(2) If a question arises whether an industrial establishment is of
a seasonal character or whether work is performed therein only
intermittently, the decision of the State Government thereon shall be
final.

Act No. 63 of
1948

Explanation — In this section and in sections 6-K, 6-L and 6-M
“industrial establishment” means —

(i) a factory as defined in clause (m) of section 2 of the Factories
Act, 1948, or

Act No. 25 of
1952

Act No. 69 of
1951

(ii) a mine as defined in clause (j) of section 2 of the Mines Act,
1952, or

(iii) a plantation as defined in clause (f) of section 2 of the
Plantation Labour Act, 1951.

Right of
workmen
laid-off for
compensa-
tion.

6-K. (1) Whenever a workman (other than a substitute or a
casual workman) whose name is borne on the master rolls of an
industrial establishment and who has completed not less than one year
of continuous service under an employer is laid-off, he shall be paid by
the employer for all days during which he is so laid-off, except for such
weekly holidays as may intervene, compensation which shall be equal to
fifty per cent of the total of the basic wages and dearness allowance that
would have been payable to him had he not been so laid-off :

Provided that the compensation payable to a workman during
any period of twelve months shall not be for more than forty-five days.

(2) Notwithstanding anything contained in the proviso to sub-
section (1), if during any period of twelve months, a workmen is laid-off
for more than forty-five days, whether continuously or intermittently
and the lay-off after the expiry of the first forty-five days comprises
continuous period of one week or more, the workman shall, unless there
is any agreement to the contrary between him and the employer, be
paid, for all the days comprised in every such subsequent period of lay-
off for one week or more, compensation at the rate specified in sub-
section (1) ;

Provided that it shall be lawful for the employer in any case
falling within this sub-section to retrench the workman in accordance

1. Subs. by s. 6 of U. P. Act XXIII of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

with the provisions contained in section 6-N at any time after the expiry
of the first forty-five days of lay-off and when he does so, any
compensation paid to the workman for having been laid-off during the
preceding twelve months may be set-off against the compensation
payable for retrenchment.

Explanation — “Substitute workman” means a workman who is
employed in an industrial establishment in the place of another
workman whose name is borne on the muster rolls of the establishment,
but shall cease to be regarded as such for the purposes of this section, if
he has completed one year of continuous service in the establishment.

Duty of an
employer to
maintain
muster rolls
of workmen.

6-L. Notwithstanding that workman in any industrial
establishment have been laid-off, it shall be the duty of every employer
to maintain for the purposes of sections 6-J to 6-R a muster roll, and to
provide for the making of entries therein by workmen who may present
themselves for work at the establishment at the appointed time during
normal working hours.

Workmen not
entitled to
compensation
in certain
cases.

6-M. No compensation shall be paid to a workman who has been
laid-off —

(i) if he refuses to accept any alternative employment in the same
establishment from which he has been laid-off or in any other
establishment belonging to the same employer situate in the same town
or village or situate within a radius of five miles from the establishment
to which he belongs, if, in the opinion of the employer, such alternative
employment does not call for any special skill or previous experience
and can be done by the workman provided that the wages which would
normally have been paid to the workmen are offered for the alternative
employment also ;

(ii) if he does not present himself for work at the establishment at
the appointed time during normal working hours at least once a day;

(iii) if such laying-off is due to a strike or slowing down of
production on the part of workmen in another part of the establishment.

Conditions
precedent to
retrenchment
of workmen.

6-N. No workman employed in any industry who has been in
continuous service for not less than one year under an employer shall
be retrenched by that employer until —

(a) the workman has been given one month’s notice in writing
indicating the reasons for retrenchment and the period of notice has
expired, or the workman has been paid in lieu of such notice, wages for
the period of the notice ;

Provided that no such notice shall be necessary if the
retrenchment is under an agreement which specifies a date for the
termination of service.

(b) the workman has been paid, at the time of retrenchment
compensation which shall be equivalent to fifteen days average pay for
every completed year of service or any part thereof in excess of six
months ; and

[United Provinces Industrial Dispute Act, 1947]

Special
provisions
relating to
workmen
employed in
undertakings
which are
transferred.

6-O. Notwithstanding anything contained in section 6-N no
workman shall be entitled to compensation under that section by
reasons merely of the fact that there has been a change of employers in
any case where the ownership or management of the undertaking in
which he is employed is transferred, whether by agreement or by
operation of law, from one employer to another ;

Provided that —

(a) the service of the workman has not been interrupted by
reasons of the transfer,

(b) the terms and conditions of service applicable to the
workman after such transfer are not in any way less favourable to the
workman than those applicable to him immediately before the transfer,
and

(c) the employer to whom the ownership or management of the
undertaking is so transferred is, under the terms of the transfer or
otherwise, legally liable to pay to the workman, in the event of his
retrenchment, compensation on the basis that his service has been
continuous and has not been interrupted by the transfer.

Procedure for
retrenchment

6-P. Where any workman in an industrial establishment, who
is a citizen of India, is to be retrenched and he belongs to a particular
category of workmen in that establishment, in the absence of any
agreement between the employer and the workman in this behalf, the
employer shall ordinarily retrench the workman who was the last
person to be employed in that category, unless for reasons to be
recorded the employer retrenches any other workman.

Reemployment
of retrenched
workmen

6-Q. Where any workman are retrenched, and the employer
proposes to take into his employ any persons, he shall, in such
manner as may be prescribed, give an opportunity to the retrenched
workmen to offer themselves for re-employment, and the retrenched
workmen who offer themselves for re-employment shall have
preference over other persons.

Effect of laws
inconsistent
with sections
6-J to 6-Q.
Act XX of
1946

6-R. (1) The provisions from sections 6-J to 6-Q shall have
effect notwithstanding anything inconsistent therewith contained in
any other law (including Standing Orders) made under the Industrial
Employment (Standing Orders) Act, 1946 ;

Act XI of 1948
Provided that nothing contained in this Act shall have effect to

derogate from any right which a workman has under the Minimum
Wages Act, 1948, or any notification or order issued thereunder or any
award for the time being in operation or any contract with the
employer.

(2) For the removal of doubts, it is hereby declared that nothing
contained in sections 6-J to 6-R shall be deemed to affect the provision

[United Provinces Industrial Dispute Act, 1947]

of any other law for the time being in force so far as that law provides for
the settlement of industrial disputes, but the rights and liabilities of
employers and workmen in so far as they relate to lay-off and
retrenchment shall be determined in accordance with the provisions of
sections 6-J to 6-Q. ]1

Prohibition
of illegal
strikes and
lock-outs

2[6-S. (1) No person employed in an industrial establishment
shall go on strike —

(a) without giving to the employer a notice of strike within thirty
days before striking ; or

(b) within fourteen days of giving such notice ; or

(d) during the pendency of any conciliation proceeding before a
Conciliation Officer or Board and thirty days after the conclusion of
such proceeding, if he is concerned in the dispute which is the subject-
matter of such proceeding ; or

(e) between the commencement and the conclusion of proceeding
before a Labour Court or a Tribunal if he is concerned in the dispute
which is the subject-matter of such proceeding ; or

(f) during any period in which a settlement or award is in
operation, in respect of the matters covered by the settlement or award.

(2) No employer shall lock-out any of his workmen —

(a) without giving him notice of Lock-out within thirty days before
locking out ; or

(b) without fourteen days of giving such notice ; or

(d) during the pendency of any conciliation proceeding before a
Conciliation Officer or Board and thirty days after the conclusion of
such proceeding, if the workman is concerned in the dispute which is
the subject matter of such proceeding ; or

(e) between the Commencement and the conclusion of proceeding
before a Labour Court or a Tribunal, if the workman is concerned in the
dispute which is the subject-matter of such proceeding ; or

(f) during any period in which a settlement or award is in
operation, in respect of any of the matters covered by the settlement or
award.

1. Sections 6-B to 6-R add. by s. 8 of U. P. Act I of 1957.

2. Sections 6-S to 6-U add. by s. 7 of U. P. Act XXIII of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(3) The notice of strike or lock-out under this section shall not be
necessary where a lock-out or as the case may be, a strike already
exists in the industrial establishment, but the employer shall send
intimation of the lock-out or strike on the day on which it is declared to
such authority as may be prescribed.

(4) Every notice of strike or lock-out under his section shall
specify a date within three days of which, if no strike or lock-out takes
place in pursuance of the notice, the notice shall cease to have effect
and fresh notice shall have to be given for a strike or lock-out.

(5) The notice of strike, referred to in sub-section (1) shall be
given by such number of persons to such person or persons and in such
manner, as may be prescribed.

(6) The notice of lock-out referred to in sub-section (2), shall be
given in such manner as may be prescribed.

Illegal strikes
and lock-outs

6-T. (1) A strike or lock-out shall be illegal if it is commenced or
declared in contravention of section 6-S or is continued beyond the date
on which the industrial dispute to which the strike or as the case may
be, the lock-out relates, is taken up by a Board or is referred for
adjudication to a Labour Court or Tribunal.

(2) A strike declared in consequence of an illegal lock-out or a
lock-out declared in consequence of an illegal strike in an industrial
establishment, shall not be deemed to be illegal.

Prohibition
of instigation
or incitement
to illegal
strikes and
lock-outs

6-U. No person shall, aid, instigate or incite others to take part
in or otherwise act in furtherance of any strike lock-out which is, or
when commenced, will be in contravention of the provision of this Act.]

1[Application
of sections
6-W and 6-X]

1[ 6-V. (1) The provisions of section 6-W and 6-X shall apply to
an industrial establishment pertaining to an industry other than an
industry referred to in sub-clause (i) of clause (a) of section 2 of the
Industrial Disputes Act, 1947 (not being an establishment of a seasonal
character or in which work is performed only intermittently) in which
not less than three hundred workmen were employed on an average per
working day for the preceding twelve months ;

(2) If a question arises whether an industrial establishment is of
a seasonal character or whether work is performed therein only
intermittently; the decision of the State Government thereon shall be
final.

Procedure for
closing down
an
undertaking

6-W. (1) An employer who intends to close down an undertaking
of an industrial establishment shall, in the prescribed manner, apply,
for prior permission, at least ninety days before the date on which the
intended closure is to become effective, to the State Government, stating
clearly the reasons for the intended closure of the undertaking and a

1. Ins. by s. 3 of U. P. Act 26 of 1983. (6v-6x inserted)

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

copy of such application shall also be served simultaneously on the
representatives of the work-men in the prescribed manner ;

Provided that nothing in this sub-section shall apply to an
undertaking set up for the construction of buildings, bridges, roads,
canals, dams or for other construction work.

(2) Where an application for permission has been made under
sub-section (1), the State Government, after making such enquiry as it
thinks fit and after giving a reasonable opportunity of being heard to the
employer, the workmen and the persons interested in such closure may,
having regard to the genuineness and adequacy of the reasons stated by
the employer, the interests of the general public and all other relevant
factors, by order and for reasons to be recorded in writing, grant or
refuse to grant such permission and a copy of such order shall be
communicated to the employer and the workmen.

(3) Where an application has been made under sub-section (1)
and the State Government does not communicate the order granting or
refusing to grant permission to the employer within a period of sixty
days from the date on which such application is made, the permission
applied for shall be deemed to have been granted on the expiration of
the said period of sixty days.

(4) An order of the State Government granting or refusing to
grant permission shall, subject to the provisions of sub-section (5), be
final and binding on all the parties and shall remain in force for one year
from the date of such order.

(5) The State Government may, either on its own motion or on
the application made by the employer or any workman, review its order
granting or refusing to grant permission under sub-section (2) or refer
the matter to a Tribunal for adjudication ;

Provided that where a reference has been made to a Tribunal
under this sub-section, it shall pass an award within a period of thirty
days from the date of such reference.

(6) Where no application for permission under sub-section (1) is
made within the period specified therein, or where the permission for
closure has been refused, the closure of the undertaking shall be
deemed to be illegal from the date of closure and the workmen shall be
entitled to all the benefits under any law for the time being in force as if
the undertaking had not been closed down.

(7) Notwithstanding anything contained in the foregoing
provisions of this section, the State Government may, if it is satisfied
that owing to such exceptional circumstances as accident in the
undertaking or death of the employer or the like it is necessary so to do,
by order, direct that the provisions of sub-section (1) shall not apply in
relation to such period as may be specified in the order.

[United Provinces Industrial Dispute Act, 1947]

(8) Where an undertaking is permitted to be closed down under
sub-section (2) or where permission for closure is deemed to be granted
under sub-section (3), every workman who is employed in that
undertaking immediately before the date of application for permission
under this section, shall be entitled to receive compensation which shall
be equivalent to fifteen day’s average—pay for every completed year of
continuous service for any part thereof in excess of six months.

Special
provisions as
to the
restarting of
certain
undertakings

6-X. (1) If the State Government is of opinion in respect of any
undertaking of an industrial establishment which has been closed down
before or after the commencement of the Uttar Pradesh Industrial
Disputes (Amendment) Act, 1983 —

(a) that such undertaking was closed down otherwise than on
account of unavoidable circumstances beyond the control of the
employer ;

(b) that there are possibilities of restarting the undertaking ;

(c) that it is necessary for the rehabilitation of the workmen
employed in such undertaking before its closure or for the maintenance
of supplies and service essential to the life of the community to re-start
the undertaking or both ; and

(d) that the restarting of the undertaking will not result in
hardship to the employer in relation to the undertaking ;

it may, after giving an opportunity to such employer and
workmen for reasons to be recorded in writing direct, by order published
in the Gazette, that the undertaking shall be restarted within such time
(not being less than one month from the date of the order) as may be
specified in the order.

(2) Where the employer is aggrieved from an order passed under
sub-section (1), he may refer the matter in the prescribed manner to the
Tribunal for adjudication and the Tribunal may pass such orders as it
thinks proper and reasonable in the circumstances of the case. ]1

Power to
continue
order passed
under other
enactments

7. Without prejudice to the generality of the powers vesting
under sections 2[the provisions of this Act] the 3[State Government] may,
by order, for the purposes contemplated in section 3 —

(i) continue, with such modifications as it may consider
necessary, under such conditions, and for such period as may be
specified in the order, any order which was previously passed under any
other enactment in force, enforcing all or any of the decisions of an
adjudicator or recommendations of a conciliator or any agreement
reached in conciliation proceedings between the parties to an industrial
dispute.

1. Ins. by s. 3 of U.P. Act No. 26 of 1983.

2. Subs. by s. 9 (i) of U. P. Act I of 1957.

3. Subs. by A. O. 1950 for (Provl. Govt.)

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(ii) enforce 1[in the prescribed manner] for such period as may be
specified, the whole or any part of an agreement reached in conciliation
proceedings between the parties to an industrial dispute.

Power to
obtain
information

8. Without prejudice to any other provision contained in this Act
the 2[State Government] or an officer authorized by it in this behalf
may—

(i) require by order any person to furnish or produce before any
specified authority or person such information or article in his
possession as may be specified in the order being information or article
which the 2[State Government] or such officer considers necessary or
expedient to obtain or examine for the purposes of this Act ;

(ii) authorize any person to enter or search any premises, or to
inspect and seize any books or other documents or articles belonging to
or under the control of any person which the [State Government]2 or the
officer making the order may consider necessary for enforcing such
order.

False
statement

9. If any person —

(i) when required by order to make any statement or furnish any
information, makes any statement or furnishes any information which
he knows or has reasonable cause to believe to be false, or not true, in
any material particular ; or

(ii) makes any such statement as aforesaid in any account,
declaration, estimate, return or other document which he is required by
order to furnish, he shall be punishable with imprisonment for a term
which may extend to three years or with fine or with both.

Power to
require
production of
books, etc.

10. Where any person is required by order to make any
statement or furnish any information to any authority, that authority
may by order with a view to verifying the statement made or the
information furnished by such person, further require him to produce
any books, accounts or other documents relating thereto which may be
in his possession or under his control.

Prohibition
against
disclosing
information

11. (1) No person who obtains any information by virtue of this
Act, shall, otherwise than in connexion with the execution of the
provisions of this Act or any order made in pursuance thereof, disclose
that information to any other person except with permission granted by
or on behalf of the 2[State Government].

(2) If any person contravenes the provisions of sub-section (1), he
shall be punishable with imprisonment for a term which may extend to
two years or with fine or with both.

Delegation of
powers

3 [ 11-A. The State Government may, by notification in the
official Gazette, direct that any power exercisable by it under this Act

1. Subs. by s. 9 (ii) of U. P. Act I of 1957.
2. Subs. by A. O. 1950 for (Provl. Govt.)

3. Sections 11-A to 11-F added. by s. 10 of U. P. Act I of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

1[or rules made thereunder shall, in relation to such matter and subject
to such conditions, if any, as may be specified, in the direction, be
exercisable also by such officers or authorities subordinate to the State
Government as may be specified in the notification.

Power to
remove
difficulties

11-B. (1) If in the opinion of the State Government any difficulty
or doubt arises as to the interpretation of any provision of an award or
settlement, it may refer the question to such Labour Court or Tribunal
as it may think fit.

(2) The Labour Court or Tribunal to which such question is
referred, shall after giving the parties an opportunity of being heard,
decide such question and its decision shall be final and binding on all
such parties.

Interpretation,
etc. of
standing
orders

Act No. 20 of
1946

11-C. If any question arises as to the application or
interpretation of a standing order certified under the Industrial
Employment (Standing Orders) Act, 1946 any employer or workman
may refer the question to any one of the Labour Courts specified for the
disposal of such proceedings by the State Government by notification in
the official Gazette, and the Labour Court to which the question is so
referred shall, after giving the parties an opportunity of being heard,
decide the question and such decision shall be final and binding on the
parties.

Conciliation
Officers and
certain others
to be public
servants
Act No. 45 of
1860

11-D. Every Conciliation Officer and every member and
Chairman of a Board and every Presiding Officer of a Labour Court or
Tribunal shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code.

Labour Court
or Tribunal to
be deemed
Civil Court for
certain
purposes
Act No. 5 of
1898

11-E. Every Labour Court or Tribunal shall be deemed to be a
Civil Court for the purposes of section 480 and 482 of the Code of
Criminal Procedure, 1898.

Powers of the
Labour Court
or Tribunal in
relation to
contempt

11-F. (1) If any person —

(a) when ordered by a Labour Court or Tribunal to produce or
deliver up any document, being legally bound, intentionally omits to do
so, or

(b) when required by a Labour Court or Tribunal to bind himself
by an oath or affirmation to state the truth, refuses to do so, or

(c) being legally bound to state the truth on any subject to a
Labour Court or Tribunal refuses to answer any question put to him
touching such subject by such Labour Court or Tribunal, or

(d) refuses to sign any statement made by him when required to
do so by a Labour Court or Tribunal, or

(e) intentionally offers any insult or causes any interruption to a
Labour Court or Tribunal at any stage of its judicial proceedings,]

1. Add by s. 10 of U.P. Act No. 1, 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

he shall be deemed to be guilty of contempt of such Labour Court,
Tribunal, as the case may be.

(2) If any person commits any act or publishes any writing, which
is calculated to improperly influence a Labour Court or Tribunal, or to
bring such Labour Court or Tribunal, or the Presiding, Officer thereof
into disrepute or contempt or to lower its or his authority, or interfere
with the lawful process of any such Labour Court or Tribunal such
person shall be deemed to be guilty of contempt of such Labour Court or
Tribunal, as the case may be.

(3) The Labour Court or Tribunal shall have and exercise the
same jurisdiction, power and authority in accordance with the same
procedure and practice in respect of contempt of itself as the High Court
has and exercises in respect of itself. ]1

Power under
Industrial
Disputes Act,
1947 to
continue
Act No. XIV
of 1947

2 [12. Unless any order made under this Act makes express
provision to the contrary, nothing in this Act shall affect the power of the
State Government to refer any industrial dispute or matters connected
therewith under the Industrial Disputes Act, 1947 or to deal with any
report or settlement in accordance with the provisions of that Act.

Removal of
doubts

12-A. For the removal of doubts it is hereby declared that
nothing in this Act shall be deemed to preclude the Central Government
from constituting a National Tribunal under the Industrial Disputes Act,
1947 for the time being in force or any such Tribunal from exercising
any powers conferred upon it under that Act. ]

Arbitration
Act, 1940
not to apply
under this
Act
Act X of
1940

13. Nothing in the Arbitration Act, 1940, shall apply to any
proceeding under any order made under this Act.

Penalty 3[14. Whoever contravenes any of the provisions of this Act or
any rule or order made thereunder shall, if no other penalty is provided
by or under the Act for such contravention, be punishable with
imprisonment for a term which may extend to three years, or with fine,
or with both. ]

“Penalty for
breach of
term of
award”

4[ 14-A. Any person who commits a breach of any term of any
settlement or award, which is binding on him under this Act, shall be
punishable with imprisonment for a term which may extend to six
months, or with fine, or with both, and where the breach is a continuing
one, with further fine which may extend to two hundred rupees for every
day during which the breach continue after the conviction for the first ;
and the court trying the offence, if it fines the offender, may direct that

1. Add by s. 10 of U.P. Act No. 1, 1957.
2. Subs. by s. 11 of U. P. Act I of 1957
3. Subs. by s. 12 ibid.
4. Ins. by s. 6 of U. P. Act 34 of 1978.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

offender, may direct that the whole or any part of the fine realized from
him shall be paid by way of compensation, to any person who, in its
opinion has been injured by such breach. ]

1[14-B. (1) Any employer who closes down an undertaking in
contravention of the provisions of section 3 or section 6-W shall be
punishable with imprisonment for a term which may extend to three
years or with fine or with both.

(2) Any employer, who contravenes a direction given under
section 6-X shall be punishable with imprisonment for a term which
may extend to three years or with fine or with both, and where the
contravention is a continuing one, with a further fine which may extend
to two thousand rupees for every day during which the contravention
continues after the conviction. ]

Offence to be
deemed
cognizable

15. Notwithstanding anything contained in the Second Schedule
to the Code of Criminal Procedure, 1898, any police officer may arrest
without warrant any person who is reasonably suspected of having
committed, or of committing, or of being about to commit a
contravention of any rule or order made under this Act.

Cognizance
of offence

16. (1) No court shall take cognizance of any offence punishable
under this Act except on a report in writing of the facts constituting
such offence made by the District Magistrate or by a public servant
other than a District Magistrate with the previous sanction in writing of
the District Magistrate.

(2) No court inferior to that of a Magistrate of the First Class
shall try any offence punishable under this Act.

Effect of
provision
inconsistent
with other
enactments

17. Any rule or order made or deemed to be made under this Act
shall have effect notwithstanding anything inconsistent therewith
contained in any other enactment or in any instrument having effect by
virtue of any other enactment.

Attempt and
abetment

18. Any person who attempts to contravene or abets a
contravention of any rule or order made or deemed to be made under
this Act shall be deemed to have contravened that order.

Publication,
affixation
and
defacement
of notice

19. (1) Save, as otherwise expressly provided in an order made
under this Act, every authority, officer or person who makes any order
in writing in pursuance of this Act 2[other than an award] shall, in the
case of an order of a general nature or affecting a class of persons,
publish notice of such order in such manner as may in the opinion of
such authority, officer or person, be best adapted for informing persons
whom the order concerns and in the case of an order affecting an
individual, corporation or firm serve or cause the order to be served in
the manner provided for the service of a summons in Order XXIX,

1. Ins. by s. 4 of U. P. Act 26 of 1983.

2. Ins. by s. 13 of U. P. Act I of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

Act No. 5,
1908

Rule 2, or Order XXX, Rule 3 of the Code of Civil Procedure, 1908, as
the case may be, and in the case of an order affecting an individual
person (not being a corporation or firm) serve or cause the order to be
served on that person —

(i) personally by delivering or tendering to him the order ; or

(ii) by post ; or

(iii) where the person cannot be found, by leaving an authentic
copy of the order with some adult male member of his family or by
affixing such copy to some conspicuous part of the premises in which he
is known to have last resided or carried on business or personally
worked for gain.

(2) If in the course of any judicial proceedings, a question arises
whether a person was duly informed of an order made in pursuance of
this Act, compliance with sub-section (1) shall be conclusive proof that
the he was so informed ; but a failure to comply with sub-section (1) —

(i) shall not preclude proof by other means that he was so
informed ; and

(ii) shall not affect the validity of the order.

(3) Any police officer and any other person authorized by
the 1[State Government] in this behalf may, for any purpose connected
with the purposes mentioned in section 3 for the administration of this
Act, affix any notice to, or cause any notice to be displayed on any
premises, vehicle or vessel and may, for the purpose of exercising the
power conferred by this Act, enter any premises, vehicle, or vessel at any
time.

(4) Any person authorized by the 1[State Government] in this
behalf may, for any purpose mentioned in sub-section (3), by order
direct the owner or other person in possession or control of any
premises, vehicle or vessel to display, any notice on, or in the premises
vehicle or vessel in such manner as may be specified in the order.

(5) If any person without lawful authority removes, alters,
defaces, obliterates or in any way tampers with any notice affixed, or
displayed in pursuance of this Act, or contravenes any order under sub-
section (4), he shall be punishable with imprisonment for a term which
may extend to six months or with fine or with both.

Offence by a
corporation

20. If the person contravening a rule or order made or deemed to
be made under this Act is a company or other body corporate, every
director, manager, secretary, or other officer or agent thereof shall,
unless he proves that the contravention took place without his
knowledge or that he exercised all due diligence to prevent such
contravention, be deemed to be guilty of such contravention.

1. Subs. by the A. O. 1950 for (Provl. Govt.).

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

Saving 21. (1) The provisions of section 6 of the United Provinces

General Clauses Act, 1904, shall apply upon the expiry or withdrawal of

the United Provinces Industrial Disputes Ordinance, 1947, and the

United Provinces Industrial Disputes (Second) Ordinance, 1947, as if

they had then been repealed by a 1[Uttar Pradesh] Act ; and any order or

appointment made or deemed to be made under the said Ordinances

and in force immediately before the commencement of this Act shall

continue in force and be deemed to be an order or appointment made

under this Act.

(2) No order made in exercise of any power conferred by or under

this Act or the said Ordinance shall be called in question in any court.

Act I of 1872

(3) When any order purports to have been made and signed by

any authority in exercise of any power conferred by or under this Act or

the said Ordinances, a court shall, within the meaning of Indian

Evidence Act, 1872, presume that such order was so made by that

authority.

Protection 22. (1) No suit, prosecution or other legal proceedings shall lie

against any person for anything which is in good faith done or intended

to be done in pursuance of this Act or any rule or order made or deemed

to be made thereunder.

(2) No suit or legal proceedings shall lie against

the 2 [Government] for any damage caused or likely to be caused by

anything which is in good faith done or intended to be done in

pursuance of this Act or any rule or order made or deemed to be made

thereunder.

Rule-making
power

23. (1) The 3[State Government] may make rules consistent with

this Act for giving effect to the provisions of this Act.

[(2) Without prejudice to the generality of the foregoing power

such rules may provide for —

(a) the manner of appointment of Presiding Officers of Labour

Courts and Tribunals and the conditions of their employment ;

(b) the manner in which a reference shall be made to a Labour

Court or a Tribunal ;

conditions of their employment ;

1. Subs. by the A. O. 1950 for (United Provinces).

2. Subs. by the A. O. 1950 for (Crown).

3. Subs. by the A. O. 1950 for (Provl. Govt.).

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

(d) the procedure to be followed in conciliation proceedings ;

(e) the manner of remission of award by the State Government to
the adjudicating authority ;

(f) the manner of registration of settlements ;

(g) the manner and the form in which muster rolls of workmen
shall be maintained ; and

(h) the matters which are to be and may be prescribed.

(3) All rules made under this section shall, as soon as possible
after they are made, be laid before the State Legislature. ]1

—————

2[THE FIRST SCHEDULE

(See SECTION 4-A)

(Matters within the jurisdiction of Labour Courts)

1. The propriety or legality of an order passed by an employer
under the Standing Orders ;

2. The application and interpretation of Standing Orders ;

3. Discharge and dismissal of workman including reinstate-
ment of, or grant of relief to, workmen wrongfully dismissed ;

4. Withdrawal of any customary concession or privilege ;

5. Illegality or otherwise of a strike or lock-out ; and

6. All matters other than those specified in the Second Schedule.
—————

THE SECOND SCHEDULE

(See SECTION 4-B)

(Matters within the jurisdiction of Industrial Tribunals)

1. Wages, including the period and mode of payment ;

2. Compensatory and other allowances ;

3. Hours of work and rest intervals ;

4. Leave with wages and holidays ;

5. Bonus, profit sharing, provident fund and gratuity ;

6. Shift working otherwise than in accordance with standing
orders ;

1. Add. by s. 14 of U. P. Act I of 1957.

2. Schedules I, II and III add. by s. 15 of U. P. Act I of 1957.

——————————————————————————————————————————

[United Provinces Industrial Dispute Act, 1947]

7. Classification by grades ;

8. Rules of discipline ;

9. Rationalization ;

10. Retrenchment of workmen and closure of establishment ;
and

1[10-A. Any matter relating to the closure of the undertaking of
an industrial establishment. ]

11. Any other matter that may be prescribed.

————

2[THE THIRD SCHEDULE]

(See SECTION 4-I)

(Conditions of service for change of which notice is to be given)

1. Wages, including the period and mode of payment ;

2. Contribution paid, or payable, by the employer to any
provident fund or pension fund or for the benefit of the workmen under
any law for the time being in force ;

3. Compensatory and other allowances ;

4. Hours of work and rest intervals ;

5. Leave with wages and holidays ;

6. Starting, alteration or discontinuance of shift working
otherwise than in accordance with standing orders ;

7. Classification by grades ;

8. Withdrawal of any customary concession or privilege or
change in usage ;

9. Introduction of new rules of discipline, or alteration of
existing rules, except in so far as they are provided in standing orders ;

10. Rationalization standardization or improvement to plant or
technique which is likely to lead to retrenchment of workmen ;

11. Any increase or reduction (other than casual) in the
number of persons employed or to be employed in any occupation or
process or department or shift, not due to forced matters.

1. Ins. by s. 5 of U. P. Act 26 of 1983.

2. Ins. by s. 15 of U.P. Act No. 1 of 1957.

——————————————————————————————————————————

Open official source version ↗

About this act

Jurisdiction: Uttar Pradesh
Enactment date: 1948-01-10
Sections available: Document reader

Commencement information from the source

1948-02-01

Schedules

THE FIRST SCHEDULE IN ENGLISHOfficial attachment ↗THE SECOND SCHEDULE IN ENGLISHOfficial attachment ↗THE THIRD SCHEDULE IN ENGLISHOfficial attachment ↗THE FIRST SCHEDULE IN HINDIOfficial attachment ↗THE SECOND SCHEDULE IN HINDIOfficial attachment ↗THE THIRD SCHEDULE IN HINDIOfficial attachment ↗

Source and version

India Code, Government of India. Text fetched 17 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.