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21-11-2015
IESOA, 1946
M. Mahindra Prabu
Asst. Professor (Law)
TNNLS
21-11-2015
Schedule
MATTERS TO BE PROVIDED IN STANDING
ORDER UNDER THIS ACT
Classification of workmen, e.g. whether permanent,
temporary, apprentices, probationers, or badlis.
Manner of intimating to workmen periods and hours
of work, holidays, pay-days and wage rates.
Shift working.
Attendance and late coming.
Conditions of procedure in applying for, and the
authority which may grant, leave and holidays.
Requirement to enter premises by certain gates, and
liability to search.
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History
To avoid friction between management and
workers on conditions of employment
Tripartite Labour Conferences 1943, 1944,
1945
Consensus Opinion in favour of separate
enactment IESOA, 1946
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Preamble
An Act require employers in industrial
establishments formally to define conditions
of employment under them. Whereas it is
expedient to require employers in industrial
establishments to define with sufficient
precision the conditions of employment
under them and to make the said conditions
known to workmen employed by them.
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Object
To introduce uniformity of terms and conditions
of employment in respect of workman belonging
to the same category and discharging the same
and similar work under the industrial
establishment and to make the terms and
conditions of industrial employees well settled
and known to the employees before they accept
the employment.
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Uptron contd.,
In this case, the petitioner framed its own S.O &
got it certified. Clause 17(g) of C.S.O states that,
The Service of Workman are liable to automatic
termination if he overstays on leave without
permission for more than 7 days. In case of
sickness, the Med.C must be submitted within a
week. Based on the above said clause
Respondent (Permanent Employee) services was
terminated.
SC Observed, Permanent Status of an employee
guarantees security of tenure. Opportunity of
hearing was not given to respondent. It was bad
in law
Employer (Supreme)
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Interpretation
To any of the courts established by IDA
Words Natural Meaning
Two Constructions Possible then the
construction which advances the intention of
legislature, remedies the mischief to thwart
with which it is enacted be accepted.
Glaxo Laboratories (I) Ltd v. Labour Court,
(1984) I LLJ 16
Important Definitions
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Certification Process
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Stage 1 - Application
Stage 2 - Process
C.O sent notice to T.U or Workmen (Requiring
Objections)
TU or Workmen should reply within 15 days
from the receipt of notice
After giving opportunity to both the sides CO
shall decide whether or not any modification
or addition to the draft is necessary
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Stage 3 - Certification
Once certified, within 7 days CSO will be sent
to the Employer, TU or Workmen.
CO must make an entry into REGISTER
whereas the Employer must post the CSO in
industrial premises
Stage 4 - Appeal
Within 30 days
Who can go?
Employer or
Workman or
TU
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Date of Operation
No Appeal
On expiry of 30 days from the date on which
authenticated copies there of are sent
On Appeal
On expiry of 7 days from the date on which
copies of order of appellate office are sent.
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Ans: NO
Employer May be private person not
necessarily a statutory corporation
If yes, a writ petition would lie against
violation u/A 309 of Constitution then
neither suit nor a reference under IDA is
necessary.
Thus, it can be said that they are statutorily
imposed CoS & it cant be said that they
constitute statutory provisions themselves
12
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Er contravenes C.S.O
Fine Rs. 100
Rs. 25 for continuance of such offence everyday
App. Govt.
Conditionally or Unconditionally
Any I.E or class of I.E
From all or any provision of the Act
Gazette Notification MUST
13
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S. 10 A
Any workman is suspended by the employer
pending investigation or
inquiry into complaints or
charges of misconduct against him
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CEAT Er
B.D. Shetty & Others Workmen
Mumbai Shramik Sangh Union
Rival
Shramik Utkarsha Sabha
TUs
B.D. Shetty & Others resigned from MSSU and
joined SUS
MSSU Only TU of that I.E
An employee & V.P of MSSU on union rivalry
lodged Crml complaint against B.D. Shetty &
Others
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