Directorate of Employment and Training Department of Factories and Boilers Directorate of ESIS(M) Services

 

1. The Industrial Disputes Act, 1947: (Central Act from 01-04-47)

Object: This Act provides for investigation and settlement of industrial disputes.

Applicability:  This Act applies to all establishments and undertakings carrying on any systematic activity by co-operation between an employer and his workmen for the production, supply or distribution of goods or services.  All units located in Karnataka, both in Public and Private Sectors are covered. 

Purpose: The industrial peace and harmony is maintained in the State of Karnataka under the provisions of the Industrial Disputes Act, 1947.   The Act provides for investigation and settlement of industrial disputes through Conciliation, Board of Conciliation, Labour Courts, Industrial Tribunals, National Industrial Tribunals, Arbitrators, etc.  Sections 22 to 25 of the Act covers all aspects of strikes & lockouts.   Unfair labour practices on the part of employers and employees covers under Section 25 – T & 25 – U.

Public Utility Services:  Certain industries will be declared to be Public Utility Services under the Act by the Government.  In case of strike or lockout in respect of industries declared as Public Utility Services, prior notice is compulsory either by employees or by management, respectively.  39 industries are declared as PUS and included in the First Schedule to the Act. IT Software Establishments and 100% EOU are declared as PUS for a period of 2 years:

Schedules under the Act:

Schedules:

5 schedules appended to the Act are:


First Schedule:


List of Public Utility Services declared by Govt:

1.       Transport (other than Railways) for the carriage of passengers or goods (by land or water);

2.       Banking;

3.       Cement;

4.       Coal;

5.       Cotton Textiles

6.       Food Stuffs;

7.       Iron and steel;

8.       Defence Establishments;

9.       Service in Hospitals and Dispensaries;

10.    Fire Brigade Service;

11.    Oxygen Acetylene

12.    Telephone Industry

13.    Pharmaceutical Industry

14.    Fertilizer Industry

15.    The Manufacture, marketing and distribution of petroleum products Industry

16.    Engineering Industry (manufacturing machine tools)

17.    Iron Ore mining;

18.    Any service in, or in connection with the working of any major port or dock

19.    Service in Uranium Industry

20.    Special Purpose machine manufacturing Industry;

21.    Aeronautical Engineering Industry;

22.    Diary Industry;

23.    Aluminium Industry

24.    Bread and Bakery Industry

25.    Yeast manufacturing Industry

26.    Graphite Industry

27.    Industry Generating Power;

28.    Sugar Industry;

29.    Elevator Industry (installation and service section)

30.    KSRTC;

31.    National Airport Authority;

32.    Karnataka State Co-operative Apex Bank Limited;

33.    Information Technology / Software Establishments;

34.    Export Promotion Industrial Park (EPIP) and 100% Export Oriented Units;

35.    Bio Technology;

36.    Agro Food Processing Industries (Set up in Agro Food Parks);

37.    Readymade Garments;

38.    Electronics and Telecommunications;

39.    Automobiles & Auto Components to manufacturing Industries.

 

Second Schedule:

Matters within the jurisdiction of Labour Courts

Third Schedule:

Matters within the jurisdiction of Industrial Tribunals

Fourth Schedule:

Matters of conditions of service for change of which notice is to be given.

Fifth Schedule:

Matters which constitutes unfair labour practices

Rules:(i)Industrial Disputes (Central) Rules, 1957 – applicable to Union Territories and States in relation to certain matters. 

(ii)    The Industrial Disputes (Karnataka) Rules, 1957, which applies to all the units in the State of Karnataka.

State Level Tripartite Committee:

A State Level Tripartite Committee is re-constituted vide Government Order No. LD 12 LMW 2000, dated 07-07-2000, to share information and exchange views and ideas pertaining to Industrial relations and thereby evolve consensus with a view to ensure industrial harmony and peace in the State with the following members:

   (i) The Hon’ble Minister for Labour

Chairman

Members:

Employers representatives:

  (i)        The President or his nominee, Confederation of Indian Industry (CII), No. 604, North Block Rear Wing, Manipal Centre, 47, Dickenson Road, Bangalore – 42.

(ii)        The President or his nominee, Federation of Karnataka Chamber of Commerce & Industry, P B  No. 9496, K G  Road, Bangalore – 9.

(iii)        The President or his nominee, Greater Mysore Chamber of Industry, No. 14, Cunningham Road, Bangalore-52.

(iv)        The President or his nominee, Karnataka Small Scale Industries Association, Bangalore.

(v)        The President or his nominee, Canara Chamber of Commerce & Industry, Karnataka Chamber Building, Mangalore.

   (vi)    The President or his nominee, Karnataka Chamber of Commerce & Industry, Karnataka Chamber Building, Hubli – 573 201.

  (vii)    The President or his nominee, Mysore Chamber of Commerce & Industry, No. 54, D Devaraja Urs Road, Mysore – 570 001.

Employees representatives:

(i)      The President or his nominee, All India Trade union Congress (AITUC), No. 25, Ist Floor, 4th Cross Road, Malleswaram, Bangalore-3.

(ii)     The President or his nominee, Bhartiya Mazdoor Sangh (BMS), No. 6, Corporation Building, SC Road, Bangalore-9.

(iii)    The President or his nominee, Centre of Indian Trade Unions (CITU),

(iv)   The President or his nominee, Karnataka State National Centre for Labour & Construction Workers’ Union, No. 19, 6th Cross, Pukkaraj Layout, Audugodi post, Bangalore-36.

(v)     The President or his nominee, Hind Mazdoor Kissan Panchayat (HMKP), Karnataka, No.5, Myrtle Lane, Bangalore – 25.

(vi)   The President or his nominee, Hind Mazdoor Sabha (HMS), No.9, Margosa Road, 14th Cross, Malleswaram, Bangalore – 3.

(vii)      The President or his nominee, Indian National Trade Union Congress (INTUC), G-5, Brigade Links, No.54/1, Ist Main Road, Seshadripuram, Bangalore- 20.

Independent Members:

  (i)        The Director or his nominee, Indian Institute of Management, Bannerughatta Road, Bangalore-76.

 (ii)        The Director or his nominee, National Law School of India University, Nagarabhavi, Bangalore-72.

Government Nominees:

      (i)     Secretary to Government, Labour Department;

     (ii)    Commissioner & Director, Commerce & Industries Department;

   (iii)     Principal Secretary, Industries & Commerce;

   (iv)     Secretary, Law Department;

    (v)     Director-General of Police;

   (vi)     Commissioner of Labour;

  (vii)     Director of ESIS (Medical) Services;

(viii)     Director, Department of Employment & Training;

   (ix)     Director, Department of Women and Child Welfare;

     (x)     Chief Inspector of Factories & Boilers;

   (xi)     Joint Labour Commissioner (IR) – Member Secretary.  

 

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