law: Industrial Disputes Act, 1947
  2. Definitions
  In this Act, unless there is anything repugnant in the subject
  
  or context,-
  (a) "appropriate government" means-
  (i) in relation to any industrial disputes
  
  concerning 3[* * *] any industry carried on by or under the
  
  authority of the Central Government, 4[ *** ]or by a railway company
  
  5[or concerning any such controlled industry as may be specified in
  
  this behalf by the Central Government] 6[* * *] or in relation to an
  
  industrial dispute concerning 7[8 [9[10[a
  
  Dock Labor Board established under section 5A of the Dock Workers (Regulation
  
  of Employment) Act, 1948 (9 of 1948), or the 11[the Industrial
  
  Finance Corporation of India Limited formed and registered under the Companies
  
  Act, 1956], or the Employees’ State Insurance Corporation established under
  
  section 3 of the Employees’ State Insurance Act, 1948 (34 of 1948), or the
  
  Board of Trustees constituted under section 3A of the Coal Mines Provident Fund
  
  and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of
  
  Trustees and the State Boards of Trustees constituted under section 5A and
  
  Section 5B, respectively, of the Employees’ Provident Fund and Miscellaneous
  
  Provisions Act, 1952 (19 of 1952), 12[***], or the Life Insurance Corporation
  
  of India established under section 3 of the Life Insurance Corporation Act,
  
  1956 (31 of 1956), or 13[the Oil and Natural Gas Corporation Limited
  
  registered under the Companies Act. 19561, or the Deposit Insurance and
  
  Credit Guarantee Corporation established under section 3 of the Deposit
  
  Insurance and Credit Guarantee Corporations Act. 1961 (47 of 1961), or
  
  the Central Warehousing Corporation established under section 3 of the
  
  Warehousing Corporation Act, 1962 (58 of 1962), or the Unit Trust of India
  
  established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963),
  
  or the Food Corporation of India established under section 3, or a Board of
  
  Management established for two or more contiguous States under section 16 of
  
  the Food Corporation Act, 1964 (37 of 1964), or 14[the Airports
  
  Authority of India constituted under section 3 of the Airports Authority of
  
  India Act, 1994], or a Regional Rural Bank established under section 3 of the
  
  Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee
  
  Corporation Limited or the Industrial Reconstruction Corporation of India
  
  Limited, 15[the National Housing Bank established under section 3 of
  
  the National Housing Bank Act, 1987 (53 of 1987)], or the Banking Service
  
  Commission established under section3 of the Banking Service Commission Act,
  
  1975 or 16[17[an air transport service, or a banking or
  
  an insurance company], a mine, an oil-field.] 18[a
  
  Cantonment Board,] or a major port, the Central Government, and]
  (ii) in relation to any other industrial
  
  dispute, the State Government;
  18[ (aa) "arbitrator" includes an
  
  umpire;]
   19  [20[(aaa) "average
  
  pay" means the average of the wages payable to a workman-
  (i) in the case of monthly paid workman, in
  
  the three complete calendar months,
  (ii) in the case of weekly paid workman, in
  
  the four complete weeks,
  (iii) in the case of daily paid workman, in
  
  the twelve full working days,
  preceding the date on which the average pay becomes payable if
  
  the workman had worked for three complete 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 pay shall be calculated as the average
  
  of the wages payable to a workman during the period he actually worked;]
   21  [(b) "award" means an interim or
  
  a final determination of any industrial dispute or of any question relating
  
  thereto by any Labor Court, Industrial Tribunal or National Industrial Tribunal
  
  and includes an arbitration award made under section 10A;]
   22  [(bb) "banking company" means a
  
  banking company as defined in section 5 of the Banking Companies Act, 1949, 23[(10
  
  of 1949) having branches or other establishments in more than one State, and
  
  includes 24[the Export-Import Bank of India], 25[the
  
  Industrial Reconstruction Bank of India,] 26[the Industrial
  
  Development Bank of India,] the Small Industries Development Bank of India
  
  established under section 3 of the Small Industries Development Bank of India
  
  Act, 1989, the Reserve Bank of India, the State Bank of India, 27[a
  
  corresponding new bank constituted under section 3 of the Banking Companies
  
  (Acquisition and Transfer of Undertakings) Act, 1970, 28[a
  
  corresponding new bank constituted under section 3 of the Banking Companies
  
  (Acquisition and Transfer of Undertakings) Act, 1980, and any subsidiary bank],
  
  as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of
  
  1959);
   (c) "Board" means a Board of
  
  Conciliation constituted under this Act;
   29  [(cc) "closure" means the
  
  permanent closing down of a place of employment or part thereof;]
   (d) "conciliation office" means a
  
  conciliation officer appointed under this Act;
   (e) "conciliation proceeding" means
  
  any proceeding held by a conciliation officer or Board under this Act;
    5  [(ee) "controlled
  
  industry" means any industry the control of which by the Union has been declared by
  
  any Central Act to be expedient in the public interest;] 30[***]
   (f) "Court" means a Court of Inquiry
  
  constituted under this Act;
   (g) "employer" means-
  (i) in relation to an industry carried on by or
  
  under the authority of any department of 31[the Central Government
  
  or a State Government,] the authority prescribed in this behalf, or where no
  
  authority is prescribed, the head of the department;
  (ii) in relation to an industry carried on by
  
  or on behalf of a local authority, the chief executive officer of that
  
  authority;
   32  [(gg) "executive", in relation
  
  to a trade union, means the body, by whatever name called, to which the
  
  management of the affairs of the trade union is entrusted;]
  33[** *]
  (i) a person shall be deemed to be
  
  "independent" for the purpose of his appointment as the chairman or
  
  other member of a Board, Court or Tribunal, if he is unconnected with the
  
  industrial dispute referred to such Board, Court or Tribunal or with any industry
  
  directly affected by such dispute:
   34  [PROVIDED that no person shall cease to be
  
  independent by reason only of the fact that he is a shareholder of an
  
  incorporated company which is connected with, or likely to be affected by, such
  
  industrial dispute; but in such a case, he shall disclose to the appropriate
  
  government the nature and extent of the shares held by him in such company;]
   35  [(j) "industry" means any
  
  business, trade, undertaking, manufacture or calling of employers and includes any
  
  calling, service, employment, handicraft, or industrial occupation or a
  
  vocation of workmen;
   (k) "industrial dispute" means any
  
  dispute or difference between employers and employers, or between employers and
  
  workmen, or between workmen and workmen, which is connected with the employment
  
  or non-employment or the terms of employment or with the conditions of labor,
  
  of any person;
   29  [(ka) "Industrial establishment or
  
  undertaking" means an establishment or undertaking in which any industry
  
  is carried on:
  PROVIDED  that where several activities are carried on
  
  in an establishment or undertaking and only one or some of such activities is
  
  or are an industry or industries, then,-
  (a) if any unit of such establishment or undertaking carrying on
  
  any activity, being an industry, is severable from the other unit or units of
  
  such establishment or undertaking, such unit shall be deemed to be a separate
  
  industrial establishment or undertaking;
  (b) if the predominant activity or each of the predominant
  
  activities carried on in such establishment or undertaking or any unit thereof
  
  is an industry and the other activity or each of the other activities carried
  
  on in such establishment or undertaking or unit thereof is not severable from
  
  and is, for the purpose of carrying on, or aiding the carrying on of, such
  
  predominant activity or activities, the entire establishment or undertaking or,
  
  as the case may be, unit thereof shall be deemed to be an industrial
  
  establishment or undertaking;]
   36  [(kk) "insurance company" means
  
  an insurance company as defined in section 2 of the Insurance Act   1938
  
  (4 of 1938), having branches or other establishments in more than one State;]
   37  [(kka) "Khadi" has the meaning
  
  assigned to it in clause (d) of section 2 of the Khadi and Village Industries
  
  Commission Act, 1956 (61 of 1956);]
   37  [38[(kkb) "  Labor Court " means a 
  
   Labor Court constituted under
  
  section 7;]
   19  [(kkk) "lay-off" (with its
  
  grammatical variations and cognate expressions) means the failure, refusal or
  
  inability of an employer on account of shortage of coal, power or raw materials
  
  or the accumulation of stocks or the break-down of machinery 39[or
  
  natural calamity or for any other connected reason] to give employment to a
  
  workman whose name is borne on the muster rolls of his industrial establishment
  
  and who has not been retrenched;
  Explanation :  Every workman whose name is borne on the
  
  muster rolls of the industrial establishment and who presents himself for work
  
  at the establishment at the time appointed for the purpose during normal
  
  working hours on any day and is not given employment by the employer within two
  
  hours of his so presenting himself shall be deemed to have been laid-off for
  
  that day within the meaning of this clause:
  PROVIDED  that if the workman, instead of being given
  
  employment at the commencement of any shift for any day is asked to present
  
  himself for the purpose during the second half of the shift for the day and is
  
  given employment then, he shall be deemed to have been laid-off only for one-half
  
  of that day:
  PROVIDED FURTHER  that if he is not given any such employment
  
  even after so presenting himself, he shall not be deemed to have been laid-off
  
  for the second half of the shift for the day and shall be entitled to full
  
  basic wages and dearness allowance for that part of the day;]
   (l)"lock-out" means the 39[
  
  temporary dosing 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;
   18  [(1a) "major port" means a major
  
  port as defined in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of
  
  1908);
   (1b) "mine" means a mine as defined
  
  in clause (j) of sub-section (1) of section 2 of the mines Act, 1952 (35 of
  
  1952);]
   38  [(ll) "National Tribunal" means
  
  a National Industrial Tribunal constituted under section 7B;]
   32  [(lll) "office bearer", in
  
  relation to a trade union, includes any member of the executive thereof, but
  
  does not include an auditor;]
   (m) "prescribed" means prescribed by
  
  rules made under this Act;
   (n) "public utility service" means-
  (i) any railway service 40[or any transport service
  
  for the carriage of passengers or goods by air];
   41  [(ia) any service in, or in connection
  
  with the working of , any major port or dock;]
  (ii) any section of an industrial establishment,
  
  on the working of which the safety of the establishment or the workmen employed
  
  therein depends;
  (iii) any postal, telegraph or telephone
  
  service;
  (iv) any industry which supplies power, light
  
  or water to the public;
  (v) any system of public conservancy or
  
  sanitation;
  (vi) any industry specified in the 42[First
  
  Schedule] which the appropriate government may, if satisfied that public
  
  emergency or public interest so requires, by notification in the Official
  
  Gazette, declare to be a public utility service for the purposes of this Act,
  
  for such period as may be specified in the notification:
  PROVIDED  that the period so specified shall not, in the
  
  first instance, exceed six months but may, by a like notification, be extended from
  
  time to time, by any period not exceeding six months, at any one time if in the
  
  opinion of the appropriate government public emergency or public interest
  
  requires such extension;
   (o) "railway company" means a
  
  railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of
  
  1890);
   19  [(oo) "retrenchments" means the
  
  termination by the employer of the service of a workman for any reason
  
  whatsoever, otherwise than as a punishment inflicted by way of disciplinary
  
  action but does not include-
  (a) voluntary retirement of the workman; or
  (b) retirement of the workman on reaching the
  
  age of superannuation if the contract of employment between the employer and
  
  the workman concerned contains a stipulation in that behalf; or
   43  [(bb) termination of the service of the
  
  workman as a result of the non-renewal of the contract of employment between
  
  the employer and the workman concerned on its expiry or of such contract being
  
  terminated under a stipulation on that behalf contained therein; or]
  (c) termination of the service of a workman on
  
  the ground of continued ill-health;]
   44  [(p)
  
  "settlement" means a settlement arrived at in the course of
  
  conciliation proceeding and includes a written agreement between the employer
  
  and workmen arrived at otherwise than in the course of conciliation proceeding
  
  where such agreement has been signed by the parties thereto in such manner as
  
  may be prescribed and a copy thereof has been sent to  45[an
  
  officer authorized in this behalf by] the appropriate government and the
  
  conciliation officer;]
   (q) "strike"
  
  means a cessation of work by a body of persons employed in any industry acting
  
  in combination or a concerted refusal, or a refusal, under; a common
  
  understanding of any number of persons who are or have been so employed to
  
  continue to work or to accept employment;
   46  (qq) "trade
  
  union" means a trade union registered under the Trade Union Act, 1926, (16
  
  of 1926);]
   47  [(r)
  
  "Tribunal" means an Industrial Tribunal constituted under section 7A
  
  and includes an Industrial Tribunal constituted before the 10th day of March,
  
  1957, under this Act;]
   47  [(ra) "unfair
  
  labor practice" means any of the practices specified in the Fifth
  
  Schedule;
   (rb) "village
  
  industries" has the meaning assigned to it in clause (h) of section 2 of
  
  the Khadi and Village Industries Commission Act, 1956 (61 of 1956);]
   48  [(rr)
  
  "wages" means all remuneration capable of being expressed in terms of
  
  money, which would, if the terms of employment, expressed or implied, were
  
  fulfilled, be payable to a workman in respect of his employment or of work done
  
  in such employment, and includes-
  (i) such allowances (including dearness
  
  allowance) as the 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 confessional supply of food grains or other articles;
  (iii) any traveling
  
  concession;
   47  [(iv) any commission payable on the
  
  promotion of sales or business or both;]
  but does not include-
  (a) any bonus;
  (b)any contribution paid or payable by the
  
  employer to any pension fund or provident fund or for the benefit of the
  
  workman under any law for the time being in force;
  (c) any gratuity payable on the termination of
  
  his service;]
   49  [(s)
  
  "workman" means any person (including an apprentice employed in any
  
  industry to do any manual, unskilled, skilled, technical, operational, clerical
  
  or supervisory work for hire or reward, whether the terms of employment be
  
  express or implied, and for the purposes of any proceeding under this Act in
  
  relation to an industrial dispute, includes any such person who has been
  
  dismissed, discharged or retrenched in connection with, or as a consequence of,
  
  that dispute, or whose dismissal, discharge or retrenchment has led to that
  
  dispute, but does not include any such person- 
  (i) who is subject to the Air Force Act, 1950
  
  (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of
  
  1957); or
  (ii) who is employed in the police service or
  
  as an officer or other employee of a prison; or
  (iii) who is employed mainly in a managerial
  
  or administrative capacity; or
  (iv) who, being employed in a supervisory
  
  capacity, draws wages exceeding one thousand six hundred rupees per mensem or
  
  exercises, either by the nature of the duties attached to the office or by
  
  reason of the powers vested in him, function mainly of a managerial nature.]