Industrial Disputes: RBE No.53/1985 – Enforcement of Provisions Industrial Disputes (Amendment) Act

No.E(LL)80 AT/ID-1-40, dated 22.02.1985

Sub: Industrial Disputes (Amendment) Act, 1982 – Enforcement of some of the provisions thereof.

Reference Board’s letter of even number dated the 14^thDecember, 1984 wherein the Railways were advised that as most of the sections of the Industrial Disputes (Amendment) Act, 1982 was enforced with effect from 21.08.1984, they should take adequate care for implementation of the amended provisions. Specific attention is drawn to some of the important provisions introduced by the Industrial Disputes (Amendment) Act, 1982 as mentioned below:-

(a) Section 2(s)– Workmen:

Persons employed in a supervisory capacity who draw wages not exceeding one thousand six hundred rupees per mensum are covered by the term “workmen” and thus provisions of Industrial Disputes Act will be applicable to such persons. So, while dealing with cases of such staff, in the matter of application of provisions of Industrial Disputes Act, same care as is taken in respect of non-supervisory staff should be taken.

(b) Section 9 -Conciliation Processing:

The implications of the change made in the section and Board’s order thereon has been explained in this Ministry’s letter of even number dated 09.01.1985.

(c) Section 10 – Time schedule for disposal of proceedings before Labour Court/ Tribunal/ National Tribunal:

In Board’s letter No.E(LL)83 AT/ID/1-110, dated the 26^thSeptember, 1984, the Railway Administrations were advised to gear up the administrative machinery at the Divisional/ Headquarters level so that time schedule prescribed for first hearing and filing of written counter in cases where disputes are referred to a Labour Court/ Tribunal/ National Tribunal is scrupulously maintained so that the cases are not decided against the Railways ex-parte on account of failure to observe the time schedule.

(d) Section 17B – Payment of full wages to workman pending proceedings in Higher Courts: 

Since that employer has to pay full wages to a workman during the pendency of a proceeding in High Court/ Supreme Court in cases where the employer file appeal against the decision of the Labour Court/ Tribunal/ National Tribunal for reinstatement of a worker, it is considered necessary that cases of removal/ dismissal, discharge/ retrenchment of workmen should be carefully examined initially in consultation with Law Officer, when such cases are under consideration of a Labour Court/ Tribunal/ National Tribunal. Adequate steps should also be taken for defence of such cases before such bodies. During the process of examination of such cases, if it is found that certain irregularities are involved, which may vitiate the order of removal, dismissal/ retrenchment, immediate remedial measures should be taken in consultation with the Law Officer to avoid unnecessary payment of wages at later stages. If, however, the Labour Court award is against Railways and Railways are not satisfied with the same and they decide to prefer an appeal in a Court of Law, action for the same should be taken by the Railway expeditiously so that time is not lost and payment of wages to the workman in such circumstances is kept to the minimum. After preferring appeal in a Court, the Railway concerned should vigorously pursue the case through their advocate so that the case is taken up at the earliest for the hearing.

(e) Section 25T and 25U: Unfair Labour Practices: 

The newly introduced Fifth Schedule to the Act not only specifies items of Unfair Labour Practices on the part of the employer, it also lays down activities which can be considered as unfair labour practices on the part of ‘workmen’ and trade unions of workmen. While the Railway Administrations should take adequate care to see that the action taken by the Railway Administration against an individual employee is not termed as unfair labour practices, they should be vigilant on activities of various Trade Unions- whether registered or not – or workmen to see whether they indulge in any unfair labour practices so that suitable action in accordance with the provisions of the Act and the Rules framed thereunder is taken against such Unions/ Workmen.

Download Railway Board Circular RBE No.53/1985 

Forward reference ⇒ RBE No.