Section -A

1)According to the latest amendment in the Trade union act 1926 is as below If the number of

employees in the particular establishment is less than 100 then 10% of the total employees is

required to form a trade union If the number of employees in a particular estabilshment is more

than 100 then the minimum number of members required to form a trade union is 100 .widrawal

of the members from the trade union will negatively affects the organization as well as

employees, because for each and every problem of employess trade union helps to formulate the

solution ,if the employees widrwan from the trade union ,they can’t do any help to the

employees.

2)Every application for registration of a Trade union shall be made in appended to the Trade

Unions Act 1926 before the Registrar of Trade Unions and shall be accompanied by a copy of

Rules of the trade union and a statement giving following particulars.

(a)Names, occupations and address of the members making application.

(b) The name of the Trade union and the address of its lead Office.

(c) The titles, names, ages addresses and occupations of the (office bearers) of the trade

union as per format given in Form A appended to the Trade Unions Act 1926.

In addition, the following documents are required to be submitted along with the application

form:-

• Photocopy of Minutes Book

• Photocopy of Membership Forms

• Photocopy of Membership Register

• Specimen of Cash Receipt

• Specimen of Cash Expenditure Voucher

• Photocopy of Cash Book

• Two Copies of constitution incorporating all items as prescribed in of the Trade Unions Act,

1926

• Photocopy of Service/Employment Proof of all members of union

• Affidavit from General Secretary of Union in prescribed format

• N.O.C. from the owner for Union office.

• Duly paid Treasurery Challan of RS.25/-( Registration fee) in the S.B.I. Old Sectt. Branch,

Delhi-54 under the head “ Labour & Employment-Receipts under Labour Law to Registration of

Trade Union”.

• Where a trade union is in existence for more than a year bfore making an application to the

Registrar the application should be accompanied by a general statement of assets and liabilities

of the trade union as Form A appended to the Trade Unions Act 1926)

1) A) No, domestic servant employee cant register as a trade union.

b) No. NDPL cant register as a trade union

4) A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar.

(a) On the application of Trade Union to be verified in such manner as may be prescribed; or

(b) If the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or

that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar

contravened any provision of this Act or allowed any rule to continue in force which is

inconsistent with any such provision, or has rescinded any rule providing for any matter

provision for which is required by Sec. 6:

Provided that not less than two months, previous notice in writing specifying the ground on

which it is proposed to withdraw or cancel the certificate shall be given by the Registrar in the

Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of

the Trade Union.

5) Removing a registered Trade Union from the approved list; may, within thirty days from the

communication of such order to the Trade Union concerned, appeal to the Industrial Court whose

decisions shall be final;

Provided that in computing the period of thirty days, the period requisite for obtaining a copy of

the order shall be excluded.(2) The Registrar shall comply with any order passed by the

Industrial Court under sub-section (1).

6) yes they can register under trade union act 1926, -A Trade Union shall not be entitled to

registration under this Act, unless the executive thereof is constituted in accordance with the

provisions of this Act, and the rules thereof provide for the following matters, namely

(a) The name of the Trade Union

(b) The whole of the objects for which the Trade Union has been established;

(c) The whole of the purposes for which the general funds of the Trade Union shall be

applicable, all of which purposes shall be purposes to which such laws are lawfully applicable

under this Act;

(d) The maintenance of a list of the members of the Trade Union and adequate facilities for

the inspection thereof by the l[office-bearers] and members of the Trade Union;

(e) The admission of ordinary member who shall be persons actually engaged or employed in

an industry with which the Trade Union is connected, and also the admission of the number of

honorary or temporary members as 1[office-bearers) required under Sec. 22 to form the

executive of the Trade Union

6) Section 17 confers immunity from liability in the case of criminal conspiracy under section

120-B of IPC, committed by an office bearer or a member. However, this immunity is partial in

the sense that it is available only with respect to the legal agreements created by the members for

the furtherance of valid objects of a trade union as described in section 15 of the act. The

immunity cannot be claimed for an act that is an offence. Registered Trade Unions have certain

rights to do in furtherance of their trade disputes such as calling for strike, persuading members

Section -B

1) industry" means any systematic activity carried on by co- operation between an employer and

his workmen (whether such workmen are employed by such employer directly or by or through

any agency, including a contractor) for the production, supply or distribution of goods or services

with a view to satisfy human wants or wishes (not being wants or wishes which are merely

spiritual or religious in nature), whether or not

a) post and telecommunication department served as a service industry and it comes under id act

1947.

b) CA firm is also an industry because educational, scientific, research or training institutions

comes under industry dispute act.

c) Any activity, being an activity carried on by a co- operative society or a club or any other like

body of individuals, if the number of persons employed by the co- operative society, club or

other like body of individuals in relation to such activity is less than ten so manipal hill club is

also an industry.

d) any activity of the Government relatable to the sovereign functions of the Government

including all the activities carried on by the departments of the Central Government dealing with

diffence research, atomic energy and space so physical research laborotry is also an industry

under id act

2) a) yes ,  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;

b) Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case

of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or

dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for

adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or

National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not

justified, it may, by its award, set aside the order of discharge or dismissal and direct

reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such

other relief to the workman including the award of any lesser punishment in lieu of discharge or

dismissal as the circumstances of the case may require: Provided that in any proceeding under

this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only

on the materials on record and shall not take any fresh evidence in relation to the matter

c) last come first go method should not implement in the industry,lay off of the employee should

be based on seeing the quality of work they perform, he Labour Court was in error in inferring

ides merely because the management departed from the rule of "first come, last go." Where other

things are equal, the ordinary industrial rule has to be followed by the employer, but the rule is

not immutable.

Section –c

1) workman means any person employed (including an apprentice) in any industry to do any

skilled or unskilled, manual or clerical work for hire or reward and includes, for the purposes of

any proceeding under this Act in relation to an industrial dispute, a workman discharged during

that dispute, but does not include any person employed in the naval, military, or air service of the

Crown."

2) yes, the agent who is canvasing for people defined as a workman any commission payable

on the promotion of sales or business or both called workman.

b) No, Court also referred to the Sales Promotion Employees (Conditions of Service) Act, 1976

and pointed out that the provisions of that Act were not made applicable to the employees of the

company

c) no because x is doing sales job,the person who does sales job doesn’t come under the category

of work man

d) no, any person employed in the naval, military, or air service of the Crown.

e) yes ,teacher is doing skilled work ,so teachers will come under the category of work man

3) It is not possible to define non-perennial and non-permanent jobs with a mathematical

precision. It is always relative or contextual to the trade, business, manufactory or core activity

of the principal employer’s establishment. What is a core activity in a particular establishment

may be an incidental one in another and vice-versa. For the sake of convenience, we can

generalize that any distinct job whose performance requires only a short period of time is a non-

perennial job and a job whose requirement is intermittent or only occasional is a non-permanent

one.

When any principal employer procures any work to be done wholly or in part for him by a

contractor, or through him by a subcontractor, and the work so procured to be done is a part or

process in the trade or business of such principal employer, and is performed in, on or about

premises under his control, such principal employer shall be liable to pay all compensation under

this chapter to the same extent as if the work were done without the intervention of such

contractor or subcontractor. The provisions of this section shall not extend immunity to any

principal employer from a civil action brought by an injured employee or his dependent under

the provisions of section 31-293 to recover damages resulting from personal injury or wrongful

death occurring on or after May 28, 1988, unless such principal employer has paid compensation

benefits under this chapter to such injured employee or his dependent for the injury or death

which is the subject of the action.

4) Badli worker is one who is appiointed for the time being to do some work of regular nature

when the person who has been doing that work goes on leave or is absent due to any reason. The

job will cease to exist when the regular employee for whose absence he is appointed resumes

duty.

5) workman shall be said to be in continuous service for a period if he is, for that period, in

uninterrupted service, including service which may be interrupted 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;

6) Dismissal-punishment for disciplinary action Discharge- absolving from the charges framed.

Termination- end of tenure of job by superannuation, retirement,resignation,vuluntary retirement

etc.,

Section - D

1) A person must not take a vote under section 60 or 61 on the question of whether to strike or on

the question of whether to lock out until the trade union and the employer or their authorized

representatives have bargained collectively in accordance with this Code.

2) A trade union must not declare or authorize a strike and an employer must not declare or cause

a lockout, until

(a) In the case of a trade union or an employee in the unit affected, either

section 60 has been complied with, or

a lawful lockout has occurred and has not been discontinued for a period longer than

72 hours, or in the case of an employer, either

section 61 has been complied with, or

a lawful strike has occurred and has not been discontinued for a period longer than 72

hours.

2) If employees are lawfully on strike or lawfully locked out, their wage benefits, other than

pension benefits or contributions, normally provided directly or indirectly by the employer to the

employees must be continued if the trade union tenders payment to the employer or to any

person who was before the strike or lockout obligated to receive the payment

(a) in an amount sufficient to continue the employees' entitlement to the benefits, and

(b) on or before the regular due date of that payment.

(2) If subsection (1) is complied with

(a) the employer or other person referred to in that subsection must accept the payment tendered

by the trade union, and

(b) a person must not deny to an employee a benefit described in that subsection, including

coverage under an insurance plan, for which the employee would otherwise be eligible, because

the employee is participating in a lawful strike or is lawfully locked out.

A trade union and an employer may agree in writing to specifically exclude the operation of this

section.

3) strike and in those circumstances it is not permissible to deduct the wages. Elaborating this

submission, he submitted that Sections 22 and 24 of the Industrial Disputes Act, 1947

thereinafter referred to as 'the ID. Act') if properly understood recognises the right of the

workman to resort to.strike; and just as the management of an industrial undertaking has a right

to declare lockouts of resort to lay-off, the workmen also with a view to bargain with the

management have a right to resort to strike and therefore, even if it is held that the strike resorted

to is illegal, the Tribunal as well as the learned Single .Judge still ought to have examined the

question in the light of the explanations offered by the workmen whether they had reasonable

cause for absenting themselves from work or resorting to strike. He also pointed out that the

finding recorded by the Tribunal and the learned Single Judge that the strike resorted to by the

workmen is illegal is erroneous in law. Sixthly, it is submitted by the learned Counsel that the

proviso given to Sub-section (2) of Section 9 of the Act is liable to be struck down

4) Tribunal having found that the strike was illegal, it was not permissible for the Tribunal to

modify the decision of the Corporation proposing to deduct eight days wages for each day's

strike and to pass an award permitting the Corporation deduction of only four days wages for

each day's absence. Elaborating this submission, learned Counsel pointed out that the transport

industry being a public utility service and the workmen having resorted to illegal strike

paralysing the entire administration causing serious public injury and inconvenience.well as the

learned Single Judge is required to be modified insofar as it relates to reduction of the penalty

proposed by the Corporation and in its place an order is required to be made affirming the

decision of the Corporation to deduct eight days wages for each day's illegal strike.

5) The right is an inalienable right of the working class of our country. Today, the Supreme

Court of India has observed that all Government employees do not have the right to strike and

their right to strike is not fundamental or moral or ethical. But tomorrow the Supreme Court of

India may observe that the workers of our country, workers of the public sector and the private

sector, will not have the right to strike.

6) Strikes result in work-stoppage which, in its tum adversely affects production. The loss of

production not only reduces the profit-making capacity of the employer but also affects his

delivery schedule and other business commitments. Workers hope that the employer would

concede their demands In order to contain this resulting economic loss. At the same time, under

the principle "no work, no wages", the workers do not earn wages for the strike period and this

loss of earnings exerts pressure on the workers themselves In lock-out, it Is the employer who

first draws the sword. But, otherwlse,'the position Is exactly the same. Be that as it may, strikes

and lock-outs in public utility services Invariably Inconvenience public. Indeed such

Inconvenience Is a part ofthe objective of the combatants so as toinvite public condemnation of

the alleged unreasonable attitude of the opposite party and strengthen their own bargaining

position.

Go slow:

proportion of the production was taken to correspond to the minimum basic wages and

dearness allowance fixed by the awards, and this was termed as "quota". The production

above the quota was paid for at piece-rates. But there was a "norm" also fixed which was

much higher than the "quota" and every workman was normally expected to produce

the "norm" as the minimum production. If the workman did not produce the

'norm", he would be guilty of misconduct and would be liable to dismissal, as the agreement

provided that any deliberate deviation from production norms would amount to go-slow tactics.

The standing orders of course provide that go-slow tactics would amount to misconduct and may

lead to dismissal of the workman concerned.

Work to rule:

formula evolved by the Tribunal in another case is an estimate properly made under section

12(2)(b). Now, that clause requires the estimate to be made to the best of the judgment of the

assessing authority, which means that the assessing authority must by the employment of his

own intellectual faculties made an estimate which he considers to be a fair and proper estimate of

the taxable turnover. It may be that such estimate is possible by the adoption of a flat rate or by a

rule of averages or by the application of some other general working rule.

Pen down strike:

The employees of the appellant Bank commenced pen-down strikes, which were

followed by a general strike, pending arbitration of an industrial dispute between them

7) The power of the employer to suspend an employee under the ordinary law of master at 6,

servant in the sense of a right to forbid a servant to work, is not an implied term In an ordinary

contract between master and servant, and such a power can only be the creature either of a statute

governing the contract, or of an express term in the contract Itself. Ordinarily, therefore, the

absence of such power either as an express term In the contract or in the rules framed under some

statute would mean that the master would have no power to suspend a workman and even if he

does so he will have to pay wages during the so-called period of suspension. Where, however,

there is power to suspend either in the contract of employment or In the statute or the rules

framed thereunder, the suspension has the effect of temporarily BUS ponding the relation of

master and aervaiit with the consequence that the servant is not bound to render service and the

master la not bound to pay

8) Whenever a workman (other than a badli workman or a casual workman) whose name is

borne on the muster rolls of an industrial establishment and who has completed not less than one

year of continuous service under an employer is laid- off, whether continuously or intermittently,

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 if during any period of twelve months, a workman is so laid- off

for more than forty- five days, no such compensation shall be payable in respect of any period of

the lay- off after the expiry of the first forty- five days

9) if he 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 suitable 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 :

Provide that the wages which would normally have been paid to the workman are offered for the

alternative employment also; (ii) if he does not present himself for wok 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 showing down of production on the part of workmen in another part of the

establishment.

10)

Lock out Strike

Section 2 (I) defines ‘Lock-out’ Section 2 (cc) defines ‘Closure’.

It is a weapon in-the hands of employer

against his employees. He uses it as a threat

Closure means the permanent closing down of

a place of employment or part thereof.

Lock-out signifies the closure of the place of

business, and not the closure of business

Closure is not a weapon in the hands of

employer. It equally effects on both the

employer and employees

A bona fide lock-out can be illegal, if it is But a bona fide closure can never be illegal

violated the provisions of Sec. 24

In the lock-out the relationship of employer

and employees does not come to an end

Closure signifies the final and irrevocable

termination of the business itself

The causes for the lock-out in an industry are

temporary and can be cured.

In the Closure, the relationship between them

comes to an end.

Generally, the causes of lock-out arise from

political, disturbances with trade union leaders,

rigid policies of the State, and particularly the

economic factors too, etc.

The causes for the Closure of an industry are

permanent or lasting and cannot be cured

A lock-out may turn into closure of an

industry.

Generally, the cause of closure is economical,

poor quality of maintenance, poor

management, nonavailability of raw material,

Government policies, etc.

Generally lock-out is declared as answer to a

Strike

A closure cannot be turned into a lockout

Lock-out means the temporary closing of a

place of employment.

Closure of an industry is a last resort. It may be

due to economic reasons

11) contracts of service and contracts for service has a long history in employment law, as has

the employment status of agency workers long before the contracting sector took off and IR35

was introduced. An employee-employer contract is a contract of service,A contractor-client

contract is a contract for services,In each of these types of contract, both parties have specific

rights and responsibilities, which differ according to the type of contract in place.,Contractors

should be aware of their rights and responsibilities when they have a contract for services

between their limited company or contractor umbrella company and their agency or end-user

client.

Case 1

a))The above case shows indiscipline in the organization. Yes we can call it as an industrial

dispute.

b) no, strike was not a valid and full-fledged .

c) the main issue in the case is the demand notice is still in operation they didn’t consider the

demand notice, so the workmen went for a strike ,and they are compelling other people to join

with the strike,

For that they are threating others, also they threatened d the female workers in the organization.

d) Management can take necessary actions against the employees who are under strike.

e) Employees are doing illegal strike, so they can terminate the employees. If the employee want

a particular solution for the issue employee should do a legal strike instead of threating the

employer.

f) management can conduct a meeting with the trade union regarding their needs that they are

asking so they need to go for a collective bargaining ,instead of illegal strike.

Case :2

a) Dr.Ramanjee started asking about his pay scale during his probationary period and the

company terminated his service with out any consideration. Yes we can termed it as a industrial

dispute

b) Management can say that he violated the rules because he raised his voice during the

probationary period.

C) no ,because he is undergoing the probationary period during the probationary period

employee doesn’t become workman, A probationary period varies widely depending on the

business, but can last anywhere from 30 days to several years. If the new employee shows

promise and does well during the probationary time, they are usually removed from probationary

status.

d) yes . I think estate workers are doing an illegal strikes because has the authority to fire an

employee during the probationary period,

e) organization can give a waring notice to the employees who are in strike, if they continue that

they can fire the employees

f) if the aggrieved person is eligible company has to pay compensation for him.