Industrial Laws

Trade Union Act- 1926

 Any 7 or more members can register trade union
 Minimum 10% of workforce or 100 whichever is less should be members of the trade union
at time of registering
 Minimum 7 members should be there in union.
 After application before registration if more than half of original application givers seized to
become members then it is invalid
 15 & above age can be member of trade union
 Office bearers can be disqualified if 1. He has not attained age of 18, 2. Convicted in moral
turpitude and sentenced unless 5 yers passed after release,
 Office beareres: Unorganised sector : minimum 50% should be from same industry
 Organised sector: 33% or 5 whichever is less can be from outside the industry

Contract labour (Regulation & Abolition Act)-1970

 Applies to: 20 or more workmen were employed during past 12 months as contract labour
 To any contractor who has employed 20 or more workers in past 12 months
 Not apply to establishment where work is of intermittent or casual nature
 Not an intermittent nature if 1. Work is done for more than 120 days
o Seasonal nature: performed for more than 60 days
 Section 10: Prohibition of employment of contract labour:
o The process, operation is incidental to or necessary for the industry, trade, business
carried on the establishment
o Whether it is of perennial nature- of sufficient duration
o Whether it is done through regular workmen in that establishment or other
establishment
o Whether it is sufficient to employ considerable number of wholetime workmen

Factories Act, 1948

 Worker: employed directly or through any contractor, with or without remuneration with or
without the information of principal employer in any manufacturing, cleaning, or any kind of
work connected to manufacturing process
 Factory: 10 or more workers and manufacturing process is being carried out with the aid of
power, 20 or more without power process.
 Hotel is not factory
ID ACT
 Applicability: Industry means any systematic activity through cooperation between employer
and employees direct or through contract for the production, supply or distribution of goods
and services with a view to satisfy humn wants, whether or not capital is invested, profit is
involved.
 Does not include- agriculture, hospitals, educational institute,domestic services, profession
where employees are less than 10
 Lay- Off-means failure, refusal or inability of an employer on account of shortage of coal,
power or raw material or accumulation of stock or natural calamity to give employment to a
workman whose name is borne on the muster rolls of his industrial establishment and has
not been retrenched.
 Retrenchment: Means the termination by the employer of the service of a workman for any
reason otherwise as a punishment inflicted by way of disciplinary action but does not
include,
o Voluntary retirement
o Retirement of workman on reaching superannuation
o Termination due to non-renewal of contract
o Termination due to continued ill health
 Workman: Means any person employed in any industry to do manual, unskilled, skilled,
technical, operational, clerical or supervisory work for hire or reward or any person whose
dismissal, discharge, retrenchment in connection of or as a result of a dispute has led to any
proceeding under this act. Does not include managerial or administrative capacity or is
employed as supervisor drawing wages more than 10000
 Section 2-A- dismissal etc of an individual workman to be deemed to be an industrial
dispute.; this workman can directly
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 Schedule-5- Unfair labour pracices