Concept of PODSCORB

POSDCORB is an acronym widely used in the field of management and public administration that reflects the classic view of organizational theory. It appeared most prominently in a 1937 paper by Luther Gulick (in a set edited by himself and Lyndall Urwick). However, he first presented the concept in 1935. Initially, POSDCORB was envisioned in an effort to develop public service professionals. In Gulick’s own words, the elements are as follows: Planning, Organizing, Staffing, Directing, Co-Ordinating, Reporting and Budgeting.

Gulick’s “Notes on the Theory of Organization” further defines the patterns of POSDCORB. That document explains how portions of an executive’s workload may be delegated, and that some of the elements can be organized as subdivisions of the executive depending on the size and complexity of the enterprise.

Under Organizing, Gulick emphasized the division and specialization of labor in a manner that would increase efficiency. Yet Gulick observed that there were limitations. Based on his practical experience, he carefully articulated the many factors.

Gulick described how the organization of workers could be done in four ways. According to him, these are related and may be multi-level. Specifically, they are:

By the purpose the workers are serving, such as furnishing water, providing education, or controlling crime. Gulick lists these in his organizational tables as vertical organizations.

  • By the process the workers are using, such as engineering, doctoring, lawyering, or statistics. Gulick lists these in his organizational tables as horizontal organizations.
  • By the clientele or material: the persons or things being dealt with, such as immigrants, veterans, forests, mines, or parks in government; or such as a department store’s furniture department, clothing department, hardware department, or shoe department in the private sector.
  • By the place where the workers do their work.

Gulick stresses how these modes of organization often cross, forming interrelated structures. Organizations like schools may include workers and professionals not in the field of education such as nurses. How they are combined or carefully aggregated into a school or a school system is of concern. But the early work of Gulick was not limited to small organizations. He started off his professional career at New York City’s Bureau of Municipal Research and advanced to President Franklin D. Roosevelt’s Committee on Administrative Management.

Under Coordination, Gulick notes that two methods can be used to achieve coordination of divided labor. The first is by organization, or placing workers under managers who coordinate their efforts. The second is by dominance of an idea, where a clear idea of what needs to be done is developed in each worker, and each worker fits their work to the needs of the whole. Gulick notes that these two ideas are not mutually exclusive, and that most enterprises function best when both are utilized.

Gulick notes that any manager will have a finite amount of time and energy, and discusses span of control under coordination. Drawing from the work of Henri Fayol, Gulick notes that the number of subordinates that can be handled under any single manager will depend on factors such as organizational stability and the specialization of the subordinates. Gulick stops short of giving a definite number of subordinates that any one manager can control, but authors such as Sir Ian Hamilton and Lyndall Urwick have settled on numbers between three and six. Span of control was later expanded upon and defended in depth by Lyndall Urwick in his 1956 piece The Manager’s Span of Control.

Under coordination, as well as organization, Gulick emphasizes the theory of unity of command: that each worker should only have one direct superior so as to avoid confusion and inefficiency.

Gulick discusses the concept of a holding company which may perform limited coordinating, planning, or budgeting functions. Subsidiary entities may carry out their work with autonomy, but as the holding company allows, based upon their authority and direction.

Steps of POSDCORB

This essentially refers to the various steps or stages involved in a typical administrative process. POSDCORB can be explained in detail below:

  1. Planning: This essentially refers to establishing a broad sketch of the work to be completed and the procedures incorporated to implement them.
  2. Organizing: Organizing involves formally classifying, defining and synchronizing the various sub-processes or subdivisions of the work to be done.
  3. Staffing: This involves recruiting and selecting the right candidates for the job and facilitating their orientation and training while maintaining a favorable work environment.
  4. Directing: This entails decision making and delegating structured instructions and orders to execute them.
  5. Coordinating: This basically refers to orchestrating and interlinking the various components of the work.
  6. Reporting: Reporting involves regularly updating the superior about the progress or the work related activities. The information dissemination can be through records or inspection.
  7. Budgeting: Budgeting involves all the activities that under Auditing, Accounting, Fiscal Planning and Control.

Importance of POSDCORB

Every business needs to have systematic framework in ensuring there is maximum output, minimum wastage and higher margins. POSDCORB is one such method in management where workforce and employees can be managed in a way which would be beneficial for a company. This concept helps organizations to break down the work into multiple processes and help in getting maximum value out to each employee. These steps and stages of POSDCORB help the HR team to deliver to the needs of a company.

Assumptions

POSDCORD focuses on two assumptions which are central to its administrative management framework, POSDCORB focuses especially in the area of Organisation and Coordination:

  1. Span of Control

The span of control is how many employees a single manager can effectively oversee. According to POSDCORB, the span of control for effective organization of duties and supervision of the same should be ideally three to six employees per manager.

  1. Unity of Command

For smooth functioning of the organization, POSDCORB prescribes that there has to be a unity of command down the hierarchical levels amongst the employees. This means a single employee must receive his commands from one and only one manager. Different reporting authorities sometimes may confuse the employee.

  1. The distinction between line and staff functions

POSDCORB recommends delineation between the ‘Line’ and ‘Staff’ functions in an organization. This means that there can be a holding company for carrying out higher order tasks such as planning, organizing, and budgeting; and the subsidiaries will execute these plans according to the mandate from the holding companies.

Criticisms:

POSDCORB has been a very effective and concrete theory in administration and management elucidating very clearly the roles and duties of any chief manager. However, POSDCORB has also been facing some criticising remarks on the following grounds:

Too simple a concept:

A major criticism against POSDCORB is that it is too simple a theory a mere list  of some of the duties of the higher managing authorities. Many of the functions listed in POSDCORB have already been delegated to various departmental managements under modern management practices.

Unity of command: A debatable principle:

The assumption of Unity of Command also seems out of context as it is a common occurrence to have more than one reporting authorities in today’s complex organizational systems. Many times, the critical insight received from more than one line managers enhances the performance of the employee.

Ignores the role of Leadership:

POSDCORB as a theory is overly fixated on a routine set of duties that are administrative and mechanical in nature. POSDCORB ignores the vital area where any chief manager can actually make the significant contribution to the organization. This area is Leadership skills. Being a visionary, the leader has the capability to think something different than routine managerial functions and led the organization towards uncharted territories successfully. POSDCORB doesn’t focus on leadership skills at all.

Managerial Grid Theory, Dimensions, Styles, Advantages, Challenges

Managerial Grid Theory was developed by Robert Blake and Jane Mouton in the early 1960s to analyze leadership styles based on two key dimensions: Concern for People and Concern for Production. This theory is also known as the Leadership Grid. The primary objective of the theory is to help managers understand their inherent style of leadership and provide a framework for improving it.

Blake and Mouton’s grid identifies five distinct leadership styles, placing them on a grid with concern for production on the X-axis and concern for people on the Y-axis. The concern for production refers to task orientation or the focus on achieving organizational goals, while concern for people refers to relationship orientation or how leaders interact with subordinates.

Key Dimensions of the Managerial Grid:

  • Concern for People (Y-axis):

This dimension reflects the degree to which a leader considers the well-being, personal needs, interests, and development of subordinates when making decisions. A high concern for people indicates a leader who prioritizes employee satisfaction and morale.

  • Concern for Production (X-axis):

This dimension indicates the extent to which a leader emphasizes productivity, efficiency, and goal attainment. A high concern for production signifies a results-oriented leader who focuses on achieving organizational objectives.

In 1999, the grid managerial seminar began using a new text, The Power to Change.

Five Leadership Styles:

Blake and Mouton proposed five key leadership styles based on different combinations of concern for people and concern for production:

  • Impoverished Management (1,1): Low Concern for People, Low Concern for Production

This style represents minimal effort by the manager, both in terms of task accomplishment and people management. Leaders who exhibit this style tend to avoid responsibility and have little commitment to achieving results or ensuring employee well-being. The result is low productivity and low morale.

Example: A manager who only performs the bare minimum and avoids engaging with employees or improving processes.

  • Task Management (9,1): Low Concern for People, High Concern for Production

Also known as Authoritarian or Dictatorial Style, this approach emphasizes high productivity with little regard for employees’ needs or morale. Leaders using this style focus solely on achieving goals, often at the expense of employee satisfaction. While short-term results may be high, long-term morale and engagement suffer.

Example: A factory manager who prioritizes output without considering employee fatigue or motivation.

  • Country Club Management (1,9): High Concern for People, Low Concern for Production

This style focuses on creating a friendly and comfortable work environment, with little emphasis on task achievement. While employees may feel valued and satisfied, this approach often results in low productivity due to a lack of direction and control.

Example: A manager who emphasizes social gatherings and employee comfort but neglects deadlines and performance metrics.

  • Middle-of-the-Road Management (5,5): Moderate Concern for People, Moderate Concern for Production

This style represents a balance between concern for people and concern for production. Leaders using this style try to achieve acceptable performance levels while maintaining reasonable employee satisfaction. However, this compromise often leads to mediocre results in both areas.

Example: A manager who tries to please everyone and achieves moderate results without excelling in either productivity or employee engagement.

  • Team Management (9,9): High Concern for People, High Concern for Production

Considered the ideal leadership style, Team Management emphasizes both high productivity and high employee morale. Leaders adopting this style foster a collaborative environment, encourage participation, and focus on achieving high performance while ensuring employee well-being. This approach often results in high job satisfaction, innovation, and sustained productivity.

Example: A project manager who involves the team in decision-making, provides clear direction, and supports employee growth while meeting deadlines effectively.

Advantages of the Managerial Grid Theory:

  • Simple and Practical Framework:

The theory provides a straightforward way to analyze leadership styles by focusing on two key dimensions, making it easy for managers to understand and apply.

  • Diagnostic Tool for Self-Assessment:

Managers can use the grid to assess their current leadership style and identify areas for improvement.

  • Emphasizes Balance:

By highlighting the importance of balancing concern for people and production, the theory encourages a holistic approach to leadership.

  • Promotes Team-Oriented Leadership:

The Team Management style (9,9) is presented as the ideal, encouraging leaders to strive for both high productivity and employee satisfaction.

Criticism of the Managerial Grid Theory:

  • Over-Simplification of Leadership:

Critics argue that reducing leadership to two dimensions may oversimplify the complexities of real-world leadership, where multiple factors such as situational dynamics and organizational culture play crucial roles.

  • Ignores Situational Factors:

The theory assumes that the same leadership style is effective in all situations. However, contingency theories suggest that the best leadership style depends on specific situational variables.

  • Limited Emphasis on External Influences:

The theory focuses mainly on internal leadership behavior, without considering external factors such as market conditions, technological changes, and competitive pressures.

  • Ideal Style Not Always Practical:

While the Team Management style (9,9) is presented as ideal, it may not always be feasible in every organization due to resource constraints or other limitations.

Practical Implications for Managers:

Managers can use the Managerial Grid as a tool to reflect on their leadership style and make necessary adjustments. For example, a manager who realizes they have a high concern for production but a low concern for people (9,1) may work on developing better interpersonal relationships with their team. Similarly, those who prioritize people over production (1,9) can focus on improving task management skills.

Training programs based on the Managerial Grid can help managers develop a balanced approach to leadership, fostering both employee satisfaction and high performance. Additionally, organizations can use the grid to assess leadership effectiveness and implement targeted development initiatives.

Green Management – Meaning, Importance, Nature, Types, Green Management actions

Green Management refers to the incorporation of environmentally sustainable practices into business operations. It aims to minimize environmental impact while promoting ecological conservation. Organizations adopting green management contribute to sustainable development, ensuring resource availability for future generations.

Evolution:

  • Green Movement and Green Policies began in the late 1970’s when the first Green party was formed in Germany. The Term ‘Green’ is the English translation of the German word ‘Grun‘. Green politics advocated issues pertaining to Ecology, Environment, Feminism, Conservation and Peace.
  • It is believed that Green politics draws its inspirations from Mahatma Gandhi, Spinoza and Uexkull who advocated and urged personal responsibility to make the right moral choices is the pillar of the green politics ideology.

Importance of Green Business Management:

  • Cost Saving

Companies that focus on reducing energy consumption not only help the environment but also reduce their costs in the form of lower energy bills. Smaller businesses can also benefit from reduced energy costs by taking simple steps like switching off lights and fans when they are not required for usage.

  • Reduced Energy Use

Green Management often include measures to reduce energy use. To increase the efficiency of the building envelope it may use high efficiency windows and insulation in walls, ceilings and floors.

  • Healthier Workplace

Companies that promote a healthier workplace have a decrease in the number of sick days used by employees. This benefits the companies through increased productivity and less money paid out through medical benefits.

  • Reduced Waste

Green Management also seeks to reduce waste of energy, water and materials. During the construction phase, one goal should be to reduce the number of materials going to landfills. By collecting human waste at the source and running it to a semi-centralized bio-gas with other biological waste, liquid fertilizer can be produced.

  • Tax Credits

Tax Credits are available to companies that utilize environmentally friendly business practices such as switching to renewable energy source like solar power and using electric or hybrid automobiles and trucks as fleet vehicles.

  • Decreased Productivity

It is easier for the staff to toss paper plastic and other items into one trash can, then it is to sort the trash. If a company adds recycling to the office, company can see a slight decrease in worker productivity

  • Improved Public Image

Anytime companies can add a green initiative to the workplace. Companies can use the event to generate positive public relations. They can also include green initiatives on product packaging, advertisements and marketing materials to appeal to consumers who prefer green products.

  • Increased Capital Outflows

Some green conversions require an initial cash outflow that decreases the bottom-line performance while the investment is paying for itself. This can increase the company’s quarterly earnings on annual profits.

  • Increased Business Opportunities

Some Government agencies, Commercial businesses and non-profit institutions mandate that only businesses that meet specific green standards can bid on their contracts. Not all standards are government mandated with the office of the management and budget directing federal agencies to look for companies that meet voluntarily rather than Government standards when possible.

Nature of Green Management:

  • Nature-Based Knowledge and Technology

It involves emulating one’s own self in terms of growing their own food, harnessing their energy, constructing things, conducting business, healing themselves, processing information and designing their communities.

  • Products of Service to Products of Consumption

Products of Service are durable goods unlike products of consumption which have shorter life span. Products of Service are made of technical materials unlike products of Consumption which are made only of biodegradable materials.

  • Solar, Wind, Geothermal and Ocean Energy

These are used extensively without any negative effect on the earth.

  • Local-Based Organizations and Economies

This characteristic includes durable, beautify and health communities with locally owned and operated business and locally managed non-profit organizations, along with regional corporations and shareholders working together in partnerships and other collaborations.

  • Value Production

The triple value production establishes three simultaneous requirements of sustainable business activities as financial benefits for the company, natural world betterment, social advantages for the employees and members of the local community.

  • Continuous Improvement Process

The continuous process of monitoring, analysing, redesigning and implementing is used to intensify value production as conditions change and new opportunities emerge.

Types of Green Management:

1. Green Supply Chain Management (GSCM)

It includes repurchasing, recycling, reuse and substitute of material. This concept gains popularity because the customers are concerned with environment improvement which encourages the supplier to make environment friendly product.

Companies which adopted Green Supply Chain Management are British Telecom, Nike, Toyota and so on.

2. Green Marketing

It is the marketing of products that are presumed to be environmentally safe. Green Marketing incorporates a broad range of activities including product modification, changes to the production process, packaging changes.

Eg., Bank of America reduced Paper usage by 32%

3. Green Production

With this type of production, we could reduce all the harmful pollution to the environment and also reduce the cost from their starting step to finished product. Companies that follow Green Production are: Ikea – Using Solar & Wind Energy,

Nike Using recycled aluminum frames and underground energy storage

4. Green Research and Development

With only proper Research and Development the customer can provide a suitable product. Eg., Volkswagen Creating cars which are following environmental and safety standards to reduce carbon emissions.

5. Green Criminology

Criminology is referred to the study of Crime and Criminals whereas Green is related to environment issues. Some of the Green Crimes are Deforestation, Animal Trafficking, Cutting of Shark fins for trading.

6. Green Human Resource Management

It is based on Green Environment related to protection of environment. The term Human Resource refers to the contribution of Human resource policies and practices towards the broader corporate environmental agendas of protection, prevention and conservation of natural resources.

Green Management actions:

  • Sustainable Resource Use

Organizations should adopt strategies to reduce the consumption of natural resources such as water, energy, and raw materials. Implementing energy-efficient technologies, using renewable energy sources, and optimizing resource usage are critical to reducing the ecological footprint.

  • Waste Management

Proper waste management is a cornerstone of green management. Companies should emphasize the 3Rs: Reduce, Reuse, and Recycle. Efficient waste segregation, recycling materials, and minimizing production waste help lower landfill contributions and environmental harm.

  • Eco-Friendly Product Design

Green management encourages the design of eco-friendly products that use sustainable materials, require less energy during production, and generate minimal waste. Adopting green packaging solutions, such as biodegradable or recyclable materials, further reduces environmental impact.

  • Pollution Reduction

Organizations should implement measures to minimize air, water, and soil pollution. This includes treating industrial effluents, reducing greenhouse gas emissions, and adopting cleaner production technologies. Pollution reduction contributes to healthier ecosystems and communities.

  • Green Supply Chain Management

Businesses should encourage their supply chains to adopt sustainable practices. This includes sourcing materials ethically, working with environmentally conscious suppliers, and ensuring that transportation and logistics minimize emissions.

  • Employee Training and Engagement

Training employees in eco-friendly practices fosters a green culture within the organization. Encouraging employees to conserve energy, reduce paper use, and participate in sustainability programs creates a shared responsibility toward environmental conservation.

  • Corporate Social Responsibility (CSR) Initiatives

Green management actions often align with CSR programs focused on environmental protection. Activities such as tree plantation drives, biodiversity conservation projects, and community awareness campaigns demonstrate a company’s commitment to sustainability.

  • Compliance with Environmental Regulations

Adhering to environmental laws and standards is essential for green management. Organizations should ensure compliance with local and international environmental regulations, avoiding penalties and enhancing their reputation as responsible entities.

Employee Provident Fund

The Employee Provident Funds, 1952 is a beneficial legislation enacted for the betterment of the future of industrial worker:

  1. On his retirement.
  2. For his dependents in case of death of employment.

This Act is enacted as a social security measure which falls under the ground of “retirement benefit”, the object of this Act is to inculcate, non-withdrawable financial benefit, the sum is payable normally on retirement or on the death of the employee. Administration of the scheme given under this act is done by the central board, state board, and regional committee, a chief executive committee appointed and constituted by the central government.

  • Central board -Section 5A
  • Executive committee – Section 5AA
  • State board – Section 5B
  • Regional committee

Boards under the Act

Constitution and position

Central board: Section 5

Central board: Central board is created by official gazette notification given by the Central government.

Functions

  1. Section 6 and Section 6C discussions how the central board should use their fund vested on them.
  2. Duty of the central board is to send an annual report to the Central government, of its work and activities.
  3. The central government will submit a report to the comptroller and Auditor General of India. Comments of Central board is laid down before parliament.

Constitution of the following a person as a member:

  • Chairman and a vice-chairman appointed by the central government
  • The central Provident fund commissioner, ex-official
  • Among Central government officials (not more than five-person)
  • A representative of states (not more than 50)
  • Representing the employer of the establishment (10 people)
  • Representing the employee of the establishment (10 people)

Executive committee: Section 5AA

State Board: section 5 B 

The central government, after consulting with any of the states constitute the state board in the following state, as provided for in the scheme. Constitution of the state board is done by the notification in the official gazette. Central government from time to time prescribes the duties to be performed by the state board and the powers exercised by the state government. The following scheme will provide the terms condition subject to which a member of state board is appointed, time place and procedure for conducting meetings etc. Every board of trustee constituted under this section is a Body Corporate, being a body corporate, it has perpetual succession, a common seal and right to sue or get sued in its name.

Regional committee 

Until state board is constituted, the Central Government may set up Regional Committee, which is under the control of Central Government, it works under the advice of the following person:

  1. Central board, when matters referred to it from time to time.
  2. All the matter regarding “administration of the Scheme”, such as the progress of recovery of PF, contribution and other charges, speedy disposal of prosecution, settlement of claims and sanctions of advances.

Appointment of central fund commissioner

  • The central government shall appoint Central provident fund commissioner, deputy provident commissioner and regional provident fund commissioner by discharging his duty they will assist central provident fund commissioner. 
  • Chief executive officer is appointed by the central provident fund commissioner. 
  • Central Board will appoint other officers, employees for the efficient administration of various schemes.

EPF Features

The employer is under a statutory obligation to deduct a specified percentage of the contribution from the employee’s salary for provident fund. The employer should also contribute such percentage for provident fund. An employee who gets more than 15,000 is eligible for getting the provident fund.

This Act contains nearly 20 sections and four schedules. Section 7E, F, G, H, M, N is omitted, section 20 is repealed.

Applicability of the Act – section 1 of this Act deals with the application of the Act. This is applicable to “every factory engaged in any industry specified in schedule I”. 

  1. Every establishment in which 20 or more are employed. 
  2. Any establishment notified by the central government. 
  3. Any class of such establishment employing 20 or more. This Act is applicable to home workers held in the case Mangalore Gandhi Beedi workers V. U.O.I and P.M.Patel V. U.O.I. 
  4. This Act is applied when the establishment satisfies the two tests, namely:
  • Whether there is an establishment is a ‘factory’?
  • Whether 20 or more person is employed which is held in the case Andhra University V. Regional Provident Fund Commissioner.

Some workers will not come under this Act. They are Casual, or temporary workers can’t be considered as employee held in the case Bikar cold storage co. Ltd. V. Regional PF Commissioner.

Non-applicability of the Act

The Act does not apply to the following things. Any establishment registered under the co-operative society Act, 1912. Any state-related co-operative society employed less than 50 people and working without the aid of power. From the date on which the establishment is set up, where the establishment as:

  • Only 50 or more persons, after the expiry of 3 years.
  • Only 20 or more, but less than 50 people before the expiry of 5 years, which is held in the case V.K. Bhatt V. A.C.B & T. Mfg. Co.

Central Government also has the power to exempt any class of establishment, on such condition mentioned in the notification:

  • On the ground of financial position.
  • Other circumstances of the case which is held in the case Mohammed Ali V. U.O.I.

Eligibility For getting EPF- Any person is eligible, who is employed:

  • For work of the establishment.
  • Through contractor.
  • Connection with work of establishment is eligible for the benefit of the Act.

This Act was constitutionally challenged on the ground that it is:

  • Discriminative in nature.
  • Article 14 is violated because it is applied only to a particular class of industry, but the Supreme Court said that it doesn’t violate article 14, it is certain, classification of a certain class of industry falls in reasonable classification which is valid.

Schemes under EPF

Employees provident fund scheme 1952

Section 5 gives wholly unrestricted unguided direction to the central government to frame a scheme, and it appears on the other hand that the Act is full of carefully laid down principles to guide the central government which is held in the case R.P.F. Commr. V. L.R.F Works, A.I.R 1962 Punj. 507

When they say that this scheme has retrospective effect, the employer cannot be asked to pay the employees contribution for the period antecedent to the notification applying the scheme because he has no right to deduct the same for the future wages payable to the employee. The payment of employee contribution by the employer with the corresponding right to deduct the same from the wages of the employees could be only for the current period during which the employer also has to pay his contribution, which is held in the case District exhibitors Assn.,Muzaffarnagar & others V. Union of India (1991) II LLJ 115 (SC).

They were re-employment by the petitioner on a temporary basis. It was held that the employer cannot be asked to pay a contribution in respect of re-employed employees on a temporary basis which is held in the case Bombay printers LTD. & Others V. Union of India and others (1992)I LLJ 816 (BOM).

The fund shall be administered by the central board constituted under section 5A of the Act. The scheme shall take effect either prospectively or retrospectively.

Employees deposit linked insurance scheme, 1976

The scheme Established the purpose of providing life insurance benefits to the employees. The benefit under the scheme is to provide the incentive to the members to save more in the Provident fund account. The benefit under this scheme is linked to the amount of accumulation in the Provident fund account of the member. All the members of the employee’s Provident Fund Scheme are covered as members of the employee’s deposit linked insurance scheme also.

Employee’s family pension scheme, 1995

For the benefit of providing family pension and life insurance benefit. Following benefit package is:

  • Pension for life to the member, on retirement and invalidation
  • To the member of the family upon the death of the members.
  • Facility for capital return ( corpus accretion) on an option formula basis
  • Commutation if pension up to 1/3 Rd of pension amount.
  • Retention of membership of the scheme till attaining the age of 68 

Retirement pension under the new scheme will be payable on fulfilling minimum 10 years eligible service and on attaining the age of 58 years.

UAN- Universal Account Number

Universal account number (UAN) is number given to an employee by the Ministry of Employment and Labour under the government of India, who is maintaining PF account. It used to know information or track information done by his employer regarding his provided fund (PF). When an employee joined in the new organisation, he was assigned with new PF account, after UAN came into existence, the member of the assemble (employee) all his PF account associated with multiple Ids of difference organization at one place. So through UAN, difficulties faced by the employee when he/she joins the new organization is overcome, with UAN they can track the activities if there are any payment issues.

Uses of UAN 

  • It is a unique number given to an employee, which is independent of employers.
  • UAN is used to link all the PF account when the employee is switching his company.
  • An employer can authenticate his employee by verifying this number and KYC documents.
  • EPF passbook can be verified by sending SMS EPFOHO UAN ENG TO 7738299899 from the mobile number which is registered under employee provident fund organization.
  • An employee can check his deposit done by his employer through online using UAN number, and you can also get a monthly update regarding your deposit done by the employer.

Transparency Through UAN

  • Through UAN employee can check the employer is depositing his PF amount periodically, by registering on EPF member Portal using his UAN.
  • The employee would be able to find out whether his employer is deducted or hold back his PF.

EPF Calculation and Example

Contribution for EPF is two parts, one is by the employee, and the other is by the employer.

Contribution by the employee is, including basic wage and dearness allowance is -12%.

Contribution on the part of the employer is-

  • 8.33% (for Employees Pension Scheme Account of Employee)
  • 3.67 % (for Employee Provident Fund Account of Employee)
  • 0.50% ( for Employees Deposit Linked Insurance Account of Employee) 
  • 0.50% ( is Employer has to pay an additional charge for an administrative account- minimum 500 rupees and if there is no contribution by the employer that month, an employer must pay rupees 75)

Miscellaneous Provision Act 1948

(1) This Act may be called the Coal Mines Provident Fund and Miscellaneous Provisions Act 1948.

(2) It extends to the whole of India.

An Act to make provision for the framing of a Provident Fund Scheme a Pension Scheme, a Deposit-linked Insurance Scheme and a Bonus Scheme for persons employed in coal mines

  1. Interpretation. In this Act, unless there is anything repugnant in the subject or context:

(a) “bonus” means any sum of money payable to an [vi][employee] under the Coal Mines Bonus Scheme framed under this Act;

[vii][(aa) “coal” includes lignite;

[viii][(b) “coal mine” means any excavation where any operation for the purpose of searching for or obtaining coal has been or is being carried on, and includes—

(i) all borings and bore holes;

(ii) all shafts, in or adjacent to and belonging to a coal mine, whether in the course of being sunk or not;

(iii) all levels and inclined places in the course of being driven;

(iv) any opencast working or quarry, that is to say, an excavation where any operation for the purpose of searching for or obtaining coal has been or is being carried on, not being a shaft or an excavation, which extends below superjacent ground;

(v) all conveyors or aerial rope ways provided for the bringing into or removal from a coal mine of coal or other articles or for the removal of refuse therefrom;

(vi) all adits, levels, planes, machinery, works, railways, tramways and sidings, in or adjacent to and belonging to a coal mine;

(vii) all workshops situated within the precincts of a coal mine and under the same management and used for purposes connected with that coal mine or a number of coal mines under the same management;

(viii) any office of a coal mine;

(ix) all power-stations for supplying electricity for the purpose of working the coal mine or a number of coal mines under the same management;

(x) any premises for the time being used for depositing refuse from a coal mine, or in which any operation in connection with such refuse is being carried on, being premises exclusively occupied by the employer of the coal mine;

(xi) all hospitals and canteens maintained for the benefit of the employees of a coal mine or a number of coal mines under the same management;

(xii) any coke oven or plant;

(xiii) any premises in or adjacent to and belonging to a coal mine, on which any plant or other machinery connected with a coal mine is situated or on which any process ancillary to the work of a coal mine is being carried on.

(c) “contribution” means the contribution payable in respect of a member under the Coal Mines Provident Fund Scheme framed under this Act [ix], or the contribution payable in respect of an employee to whom the Insurance Scheme applies.

[x][(d) “employee” means any person who is employed for wages in any kind of work, manual or otherwise, in connection with a coal mine and who gets his wages directly from the employer and includes:

(1) any person employed by or through a contractor in or in connection with a coal mine, and

(2) for the purposes of the Coal Mines Provident Fund Scheme, also:

(i) any other person who is employed as a sanitary worker, Mali, teacher, or domestic servant in or in connection with a coal mine and who receives wages directly from the employer, and

(ii) any apprentice or trainee who receives stipend or other remuneration from the employer;]

[xi][(e) “employer”, when used in relation to a coal mine, means any person who is the immediate proprietor or lessee or occupier of the coal mine or of any part thereof and in the case of a coal mine the business whereof is being carried on by a liquidator or receiver, such liquidator or receiver, and in the case of a coal mine owned by a company the business whereof is being carried on by a managing agent, such managing agent, but does not include a person who merely receives a royalty, rent or fine from the coal mine, or is merely the proprietor of the coal mine, subject to any lease, grant or licence for the working thereof, or is merely the owner of the soil and not interested in the coal of the coal mine; but any contractor for the working of a coal mine or any part thereof shall be subject to this Act in like manner as if he were an employer, but not so as to exempt the employer from any liability;]

(f) “Fund” means the provident fund established under the Coal Mines Provident Fund Scheme;

[xiii][(fa) “Insurance Fund” means the Deposit-linked Insurance Fund established under sub-section (2) of Section 3-G;

(fb) “Insurance Scheme” means the Coal Mines Deposit-linked Insurance Scheme framed under sub-section (1) of Section 3-G;]

[xiv][(fc) “Managing agent” has the meaning assigned to in the Companies Act, 1956 (1 of 1956); and]

(g) “Member” means a member of the Fund.

[xv][(h) “Pension Fund” means the Pension Fund established under sub-section (2) of Section 3-E;

(i) “Pension Scheme” means the Coal Mines Pension Scheme framed under sub-section (1) of Section 3-E;

(j) “superannuation”, in relation to an employee who is a member of the Pension Scheme, means the attainment, by the said employee, of such age as is fixed in the contract or conditions of service as the age on the attainment of which such employee shall vacate the employment.

Coal Mines Provident Fund Scheme.

  1. Coal Mines Provident Fund Scheme. (1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Provident Fund Scheme for the establishment of a Provident Fund for [xvi][employees] and specify the coal mines to which the said scheme shall apply.

[xvii][(1-A) The Fund shall vest in, and be administered by the Board constituted under Section 3-A.]

(2) Any scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the First Schedule.

Constitution of Board of Trustees.

[xviii][3-A. Constitution of Board of Trustees. (1) The Central Government may, by notification in the Official Gazette, constitute, with effect from such date as may be specified therein, a Board of Trustees for the territories to which this Act extends (hereinafter in this Act, referred to as the Board) consisting of the following persons, namely:

(a) a Chairman appointed by the Central Government;

(b) the Coal Mines Provident Fund Commissioner, ex officio;

(c) three persons appointed by the Central Government;

(d) not more than six person representing Government of such States as the Central Government may specify in this behalf, from time to time, appointed by the Central Government;

(e) six persons representing employers, appointed by the Central Government after consultation with such organisations of employers as may be recognised by the Central Government in this behalf and of whom at least one shall be a person who is not a member of any such organisation;

(f) six persons representing employees appointed by the Central Government after consultation with such organisations of employees as may be recognised by the Central Government in this behalf and of whom at least one shall be an employee himself and at least one shall be a person who is not a member of any such organisation.

(2) The terms and conditions subject to which a member of the Board may be appointed and the time, place and procedure, of the meetings of the Board shall be such as may be provided for in the Coal Mines Provident Fund Scheme.

(3) The Board shall [xix][subject to the provisions of Section 3-E,] [xx][and Section 3-G] administer the Fund vested in it in such manner as may be specified in the Scheme aforesaid.

(4) The Board shall perform such other functions as it may be required to perform by or under any provisions of [xxi][the Coal Mines Provident Fund Scheme] [xxii][, the [Coal Mines Pension Scheme][xxiii] and the Insurance Scheme].

3-B. Board of Trustees to be a body corporate. The Board of Trustees constituted under Section 3-A shall be a body corporate under the name specified in the notification constituting it, having perpetual succession and a common seal and shall by the said name sue and be sued.

3-C. Appointment of officers. (1) The Central Government shall appoint a Coal Mines Provident Fund Commissioner, who shall be the chief executive officer of the Board and shall be subject to the general control and superintendence of the Board.

(2) The Central Government may also appoint as many other officers whose minimum monthly salary in the scale of pay (if any), applicable to them is not less than four hundred rupees, as it may consider necessary to assist the Coal Mines Provident Fund Commissioner in the discharge of his duties.

(3) Subject to the provisions of sub-sections (1) and (2), the Board may appoint such other officers and employees as it may consider necessary for the efficient administration of the Coal Mines Provident Fund Scheme [xxiv][and the [Coal Mines Pension Scheme] and the Insurance Scheme].

(4) The method of recruitment, salary and allowances, discipline and other conditions of service of the Coal Mines Provident Fund Commissioner shall be such as may be specified by the Central Government and such salary and allowances shall be paid out of the Fund.

(5) The method of recruitment, salary and allowances, discipline and other conditions of service of the other officers and employees of the Board shall be such as may be specified by the Board with the approval of the Central Government.

Coal Mines Pension Scheme.

[xxv][3-E. Coal Mines Pension Scheme. (1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Pension Scheme for the purpose of providing for:

(a) superannuation pension, retiring pension or permanent total disablement pension to the persons employed in any coal mine or class of coal mines to which this Act applies; and

(b) widow or widower pension, children pension or orphan pension and life assurance benefits, payable to the beneficiaries of such employees.

(2) Notwithstanding anything contained in Section 3, there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme:

(a) such sums, not exceeding one-fourth, of the amount payable to the Fund under sub-section (1) of Section 10-D as the employer’s contribution as well as the employee’s contribution, as may be specified in the Pension Scheme;

(b) such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, specify;

(c) the net assets of the Pension Fund as existed immediately before the establishment of the Pension Fund; and

(d) any other contribution which may be made to the Pension Fund with the previous approval of the Central Government.

(3) On the establishment of the Pension Fund, the Family Pension Scheme (hereinafter referred to as the ceased scheme) shall cease to operate and all assets of the ceased scheme shall vest in, and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the Pension Fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits, not less than the benefits, they were entitled to under the ceased scheme, from the Pension Fund.

(4) The Pension Fund shall vest in and be administered by the Board in such manner as may be specified in the Pension Scheme.

(5) A scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the Second Schedule.

3-F. Special grant by Central Government.

[xxvi][3-F. Special grant by Central Government. The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay such further sums as may be determined by it into the [Pension Fund][xxvii] to meet all the expenses in connection with the administration of the [Coal Mines Pension Scheme] other than the expenses towards the cost of any benefits provided by or under the said scheme.]

3-G. Coal Mines Deposit-linked Insurance Scheme.

[xxviii][3-G. Coal Mines Deposit-linked Insurance Scheme. (1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Deposit-linked Insurance Scheme for the purpose of providing life insurance benefits to such employees as are covered by the Coal Mines Provident Fund Scheme.

(2) There shall be established, as soon as may be after the framing of the Insurance Scheme, a Deposit-linked Insurance Fund into which shall be paid by the employer from time to time in respect of every such employee, in relation to whom he is the employer, such amount, not being more that one per cent of the aggregate of the basic wages, dearness allowance and retaining allowance (if any) for the time being payable in relation to such employee, as the Central Government may, by notification in the Official Gazette, specify.

Explanation. For the purposes of this sub-section:

(a) the expression “basic wages” has the meaning assigned to it in the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952);

(b) “dearness allowance” means all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living and shall be deemed to include also the cash value of any food concession allowed to the employee;

(c) “retaining allowance” means an allowance payable for the time being to an employee of any coal mine during any period in which the coal mine is not working, for retaining his services.

(3) The Central Government shall, after due appropriation made by Parliament by law, contribute to the Insurance Fund in relation to each employee covered by the Coal Mines Provident Fund Scheme, an amount representing one-half of the contribution which an employer is required, by sub-section (2), to make.

(4) (a) The employer shall pay into the Insurance Fund such further sums of money, not exceeding one-fourth of the contribution which he is required to make under sub-section (2), as the Central Government may, from time to time, determine, to meet all the expenses in connection with the administration of the Insurance Scheme other than the expenses towards the cost of any benefits provided by or under that scheme.

(b) The Central Government shall, after due appropriation made by Parliament by law, pay into the Insurance Fund such further sums of money representing one-half of the sums payable by the employer under clause (a), to meet all the expenses in connection with the administration of the Insurance Scheme other than the expenses towards the cost of any benefits provided by or under that scheme.

(5) The Insurance Fund shall vest in the Board and shall be administered by the Board in such manner as may be specified in the Insurance Scheme.

(6) Any scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the Third Schedule.

  1. Fund to be recognised under Act 43 of 1961.

[xxix][4. Fund to be recognised under Act 43 of 1961. For the purposes of the Income Tax Act, 1961, the Fund shall be deemed to be a recognised Provident Fund within the meaning of Part A of the Fourth Schedule to that Act.]

  1. Coal Mines Bonus Scheme.

Coal Mines Bonus Scheme. (1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Bonus Scheme for the payment of bonus to [xxx][employees] and specify the coal mines to which the said scheme shall apply.

(2) A scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the [xxxi][Fourth Schedule].

[xxxii][(3) The employer shall pay the bonus in accordance with the Scheme as aforesaid.]

Retrospective operation of a scheme.

  1. Retrospective operation of a scheme. A scheme framed under this Act may provide that any of its provisions shall come into force either prospectively or retrospectively with effect from such date as may be specified in this behalf in the scheme.
  2. Modification of a scheme.
  3. Modification of a scheme. The Central Government may, by notification in the Official Gazette, add to, amend or vary [xxxiii][either prospectively or retrospectively] a scheme framed under this Act.

7-A. Schemes to be laid before Parliament.

[xxxiv][7-A. Schemes to be laid before Parliament. Every scheme made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in [xxxv][two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the scheme or both Houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme.

7-B. Determination of moneys due from employer.

7-B. Determination of moneys due from employer. (1) The Coal Mines Provident Fund Commissioner or any other officer duly authorised in this behalf by the Central Government may by order determine the amount due from any employer under any provisions of this Act or of any scheme framed thereunder and for this purpose may conduct such enquiry as he may deem necessary.

(2) The officer conducting the enquiry under sub-section (1) shall, for the purpose of such enquiry, have the same power as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), for trying a suit in respect of the following matters, namely:

(a) enforcing the attendance of any person or examining him on oaths;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavit;

(d) issuing commissions for the examination of witnesses;

and any such enquiry shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purposes of Section 196 of the Indian Penal Code, 1860 (45 of 1860).

(3) No order determining the amount due from any employer shall be made under sub-section (1), unless the employer is given a reasonable opportunity of representing his case.

(4) An order made under this section shall be final and shall not be questioned in any court of law.]

Protection against attachment.

  1. Protection against attachment. (1) The amount of the provident fund standing to the credit of any member in the Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member and neither the Official Assignee nor any Receiver appointed under the Provincial Insolvency Act, 1920, shall be entitled to, or have any claim on, any such amount.

(2) Any amount standing to the credit any member in the Fund at the time of his death and payable to his nominee under the Coal Mines Provident Fund Scheme shall, subject to any deduction authorised by the said scheme, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or incurred by the nominee before the death of the member.

[xxxvi][(3) The provisions of sub-section (1) and sub-section (2) shall, so far as may be, apply in relation to the [pension][xxxvii] or any other amount payable under the [Coal Mines Pension Scheme] [xxxviii][and also in relation to any amount payable under the Insurance Scheme] as they apply in relation to any amount payable out of the Fund.]

Rules as to Compensation (Sec 4 to 9) (Sec 14A & 17)

14A. Compensation to be first charge on assets transferred by employer: Where an employer transfers his assets before any amount due in respect of any compensation, the liability where for accrued before the date of the transfer, has been paid, such amount shall, notwithstanding anything contained in any other law for the time being in force, be a first charge on that part of the assets so transferred as consists of immovable property.

Special provisions relating to masters and seamen. This Act shall apply in the case of workmen who are masters of ships or seamen subject to the following modifications, namely:

(1) The notice of the accident and the claim for compensation may, except where the person injured is the master of the ship, be served on the master of the ship as if he were the employer, but where the accident happened and the disablement commenced on board the ship it shall not be necessary for any seaman to give any notice of the accident.

(2) In the case of the death of a master or seaman, the claim for compensation shall be made within [one year] after the news of the death has been received by the claimant or, where the ship has been or is deemed to have been lost with all hands, within eighteen months of the date on which the ship was, or is deemed to have been, so lost:

Provided that the Commissioner may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured master or seaman is discharged or left behind in any part of [India or] [in any foreign country], any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or any State Government shall, in any proceedings for enforcing the claim, be admissible in evidence:

(a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it is made;

(b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness; and

(c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused, and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made.

15A. Special provisions relating to captains and other members of crew of aircrafts. This Act shall apply in the case of:

Workmen who are captains or other members of the crew of aircrafts subject to the following modifications, namely:

(1) The notice of the accident and the claim for compensation may, except where the person injured is the captain of the aircraft, be served on the captain of the aircraft as if he were the employer, but where the accident happened and the disablement commenced on board the aircraft, it shall not be necessary for any member of the crew to give notice of the accident.

(2) In the case of the death of the captain or other member of the crew, the claim for compensation shall be made within one year after the news of the death has been received by the claimant or, where the aircraft has been or is deemed to have been lost with all hands, within eighteen months of the date on which the aircraft was, or is deemed to have been, so lost:

Provided that the Commissioner may entertain any claim for compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured captain or other member of the crew of the aircraft is discharged or left behind in any part of India or in any other country, any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or any State Government shall, in any proceedings for enforcing the claims, be admissible in evidence:

(a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it is made;

(b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness;

(c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused, and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made.

16. Returns as to compensation: The [State Government] may, by notification in the Official Gazette, direct that every person employing workmen, or that any specified class of such persons, shall send at such time and in such form and to such authority, as may be specified in the notification, a correct return specifying the number of injuries in respect of which compensation has been paid by the employer during the previous year and the amount of such compensation together with such other particulars as to the compensation as the [State Government] may direct.

Contracting out: Any contract or agreement whether made before or after the commencement of this Act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void insofar as it purports to remove or reduce the liability of any person to pay compensation under this Act.

17A. Duty of employer to inform employee of his rights: Every employer shall immediately at the time of employment of an employee, inform the employee of his rights to compensation under this Act, in writing as well as through electronic means, in English or Hindi or in the official language of the area of employment, as may be understood by the employee.

The Doctrine of Assumed Risk

The Doctrine of Assumed Risks: If the employee knew the nature of the risks he was undertaking when working in a factory, the employer had no liability for injuries. The court assumed in such case that the workman had voluntarily accepted the risks inci­dental to his work. The doctrine followed from the rule Volenti Non-Fit Injuria, which means that one, who has volunteered to take a risk of injury, is not entitled to damages if injury actually occurs.

The Doctrine of Common Employment: Under this rule, if a number of persons work together for a common purpose and one of them is injured by some act or omission of another, the employer is not liable to pay compensation for the injury.

The Doctrine of Contributory Negligence: Under this rule, a person is not entitled to damages for injury if he was himself guilty of negligence and such negligence resulted to the injury.

The three aforesaid defences and the rule of no negligence no liability made it almost impossible for an employee to obtain relief in cases of accident. The Workmen’s Compensation Act of 1923 completely changed the law. According to the Workmen Compensation Act, 1923 the employer is liable to pay compensation irrespective of negligence. The Act considers compensation as relief to the workman and not as damages payable by the employer for a wrongful act or tort. Hence contributory negligence by the employee does not debar him from relief. For the same reason, it is not possible for the employer to plead to the defence of common employment or assumed risks for avoiding liability. Thus, the Act makes it possible for the workman to get compensation for injuries, unhindered by the legal obstacles set up by the law of Torts.

Industrial Dispute Act 1947 Lay Offs, Retrenchment and Closure

The term ‘lay-off’ has been defined under section 2 (kkk) of the Industrial Disputes Act, 1947, thus lay-off means the failure, refusal or inability of an employer on account of the shortage of coal, power or raw materials or the accumulation of stocks or the breakdown of machinery or natural calamity or for any other unconnected 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.

Essentials of lay-off:

(i) There must be failure, refusal or inability on the part of the employer to give employment to a workman.

(ii) The failure, refusal or inability should be on account of shortage of coal, power or raw materials or accumulation of stocks or breakdown of machinery, or natural calamity, or any other connected reason.

(iii) The workman’s name should be on the muster rolls of the industrial establishment.

(iv) The workman should not have been retrenched.

Lay-off is a measure to cope with the temporary inability of an employer to offer employment to a workman to keep the establishment as going concern. It results in immediate unemployment though temporary in nature. It does not put an end to the employer-employee relationship, nor does it involve any alteration in the conditions of service.

Further, lay-off occurs only in a continuing business. When the industrial establishment is closed permanently or it lock-out is declared by the employer, the question of lay-off has no relevance. Lay-off is justified only when it is in conformity with the definition given under Section 2 (kkk) of the Industrial Disputes Act.

Compensation for Lay-Off (Rights of Workmen):

According to Section 25 C of the Industrial Disputes Act, a workman who is laid-off is entitled to compensation equivalent to 50 per cent of the total basic wages and dearness allowance for the period of lay-off.

This right of compensation is, however, subject to the following conditions:

(i) He is not a badli or a casual workman.

(ii) His name should be borne on the muster rolls of the establishment.

(iii) He should have completed not less than one year of continuous service under the employer.

A badli workman means a workman who is employed in place of another workman whose name is borne on the muster rolls of the establishment. However, such a workman ceases to be a badli workman on his completion of one year of continuous service in the establishment.

A workman is entitled to lay-off compensation at the rate equal to fifty per cent of the total of the basic wage and dearness allowance for the period of his lay off except for weekly holidays which may intervene. Compensation can normally be claimed for not more than forty-five days during any period of twelve months.

Even if lay-off exceeds forty-five days during any period of twelve months no compensation is required to be paid for the excess period if there is an agreement to that effect between the workman and the employer.

If the period of lay-off exceeds forty-five days, the employer has two alternatives before him, namely:

(i) to go on paying lay-off compensation for such subsequent periods

(ii) to retrench the workman.

Duties of the Employer in Connection with Lay-Off:

The following duties are laid down for the employer in connection with a lay-off:

(a) The employer must maintain a muster roll of workmen and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours notwithstanding that workman in any industrial establishment have been laid off.

(b) The lay-off must be for the reasons specified in Section 2(kkk).

(c) The period of detention of workmen if stoppage occurs during working hours should not exceed two hours after the commencement of the stoppage.

(d) The compensation for lay-off must be at the rate and for the period specified in Section 25-C of the Industrial Disputes Act.

Retrenchment

The term “Retrenchment” has been given a very wide meaning under Section 2(oo) of the ID Act to include termination by the employer for any reason whatsoever, other than a punishment given in disciplinary proceeding.

The provision further states that Retrenchment does not include:

  • Voluntary retirement;
  • Retirement on reaching age of superannuation;
  • Termination of service of workman as a result of non-renewal of contract of employment;
  • Termination of workman due to continuous ill-health

Conditions have to be fulfilled for retrenchment

Section 25F of the ID Act is a very essential provision for law relating to retrenchment.

If the conditions or requirements given in this provision are not followed by the employer, then the retrenchment of employee will be illegal and invalid.

According to this provision, a workman employed in any industry who has been in continuous service for not less than one year under an employer cannot be retrenched unless:

  • The workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice;
  • The workman has been paid compensation at the time of retrenchment;
  • Notice in the prescribed manner is served on the appropriate Government.

Retrenchment of White-Collar Employees

The term white collar employees have nowhere been expressly defined under the Indian Law. However, white collar employees are those who work in the managerial capacity.

Thus, the employees who don’t fall under the definition of “workman” under Section 2(s) of ID Act are white collar employees. The definition of workman 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.

The definition of “workman” specifically excludes those persons who are employed in managerial or administrative capacity.

Closure

The Act defines “Closure” as the permanent closing down of a place of employment or part thereof. Here, the employer is constrained to close the establishment permanently. Nonetheless, the due procedure has to be complied with when it comes to rolling out a plan of closure; the said procedure, as set out by the Act, has been detailed below. These procedures, nonetheless, do not apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work.

Sec. 25FFF. Compensation to workmen in case of closing down of undertakings.

(1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub- section (2), be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched: Provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman under clause (b) of section 25F shall not exceed his average pay for three months.

1 Explanation. An undertaking which is closed down by reason merely of

(i) financial difficulties (including financial losses); or

(ii) accumulation of undisposed of stocks; or

(iii) the expiry of the period of the lease or licence granted to it; or

(iv) in a case where the undertaking is engaged in mining operations, exhaustion of the minerals in the area in which such operations are carried on; shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to this sub- section.

Special Provisions: The employer intending to do a closure of his establishment has to necessarily apply at least ninety days in advance to the appropriate government. A copy of the said application has to be given to the representatives of the workmen as well. The said application will be considered and a reasonable opportunity to be heard shall be given to the employer as well as the workmen. After considering the same, the appropriate government may or may not grant the employer to close down. Even here, if the government does not respond within sixty days from application, the permission will be deemed to have been granted. A similar provision for review of the decision exists even here.

Continuous Service

One year of continuous service entails an entitlement for compensation under the Industrial Disputes Act. A workman is said to be in continuous service if he is for that period in uninterrupted service. Interruption owing to sickness authorised leave, an accident, a strike which is not illegal, a lock and a cessation of work which is not due to the fault of the workman will not be taken into consideration for calculating the period of continuous service.

A workman could be deemed to have had one year of continuous service even if the worker hasn’t had a year of continuous service if the worker was in employment for twelve calendar months preceding the date with reference to which calculation is to be made, and in the course of these twelve months, he actually worked for not less than one hundred and ninety days in the case of employment in a mine and two hundred and forty days in any other case.

The said continuous service shall also include the days laid off, days on earned leave and days taken off owing to temporary disablement owing to accident arising out of or in the course of employment. Maternity leave taken, not exceeding twelve weeks shall also be counted in continuous service in case of female workers.

Industrial Dispute Act 1947 Strikes, Lockout

A strike is a powerful weapon used by trade unions or other associations or workers to put across their demands or grievances by employers or management of industries. In another way, it is the stoppage of work caused by the mass refusal in response to grievances. Workers put pressure on the employers by refusal to work till fulfilment of their demands. Strikes may be fruitful for workers’ welfare or it may cause economic loss to the country.

For strike, the industrial dispute act under 2 (q) defines strikes as “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”.

Common Reasons for Strike

Strikes generally occur in industries due to disputes between employees and employers, employees and employees or among employers and employers mostly due to the following issues:

  • Working hours
  • Working Conditions
  • Salary, Incentive etc
  • Time payment of wages
  • Reduction in salary/wages
  • Issue related Minimum wages
  • Leave/Holidays
  • Dissatisfaction with the company policy
  • PF, ESI, Profit Sharing etc
  • Retrenchment of workmen and closure of establishment
  • Any other issue.

Under the following situation as given under section 22, on these grounds the strikes can be considered as illegal:

  • Without giving to employer notice of strike within six weeks before striking.
  • Within fourteen days of giving such notice.
  • Before the expiry of the date of strike specified in any such notice as aforesaid.
  • During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

Further, the provisions under section 23 are general in nature. It imposes general restrictions on declaring strike in breach of contract in both public as well as non- public utility services in the following circumstances mainly:

  • During the pendency of conciliation proceedings before a board and till the expiry of 7 days after the conclusion of such proceedings;
  • During the pendency and 2 months after the conclusion of proceedings before a Labour Court, Tribunal or National Tribunal;
  • During the pendency and 2 months after the conclusion of the arbitrator, when a notification has been issued under subsection 3 (a) of section 10 A;
  • During any period in which a settlement or award is in operation in respect of any of the matter covered by the settlement or award.

Types of Strike

Primary Strike: The strikes that are directly projected against the employer are known as Primary Strikes. Below are types of Primary strikes which workers adapt to push the employer to get them on terms agreed to workers.

  • Gherao is adopted by the factory workers to push the management to agree to their demand by restricting access to office or factory premises where nobody could move in or out.
  • Picketing is the process of highlighting their issues on playcard or banners to show their demand to the public at large and media. In this union members are being talked to resolve the issue peacefully.
  • Boycott is a process where no worker is allowed to carry out any work and union members push other workers not to do work and participate in their strike.
  • Pen down strike where workmen come to work on a regular basis but do not do any work and sit idle for whole office hours.
  • Go Slow Strike is also a very harmful way of strike where workmen intentionally work very slow to slow down operation. This harms the employer where order has strict timelines to deliver.
  • Hunger Strike is the most common and oldest method used by workmen where they go for indefinite fasting and sit around factory or employer residence to project their demand.

Secondary Strikes: The other name for the secondary strike is the sympathy strike. In this, the force is applied against the third person having sound trade relations with the organization to indirectly incur a loss to the employer and the business. The third person does not have any other role to play in such a strike.

Nowadays third kind of strikes have also become popular which are adopted by the General Public to show their anger or objections against Government Policies for roll back of government policies. Recently we have seen outrage over Farmer’s bill where Bharat Bandh, No Purchase at Government Mandis kind of actions has been adopted at various states.

Consequences of illegal Strike

Economic Consequences: Losses incurred by strikes are humungous and serious, in some cases can even lead to the bankruptcy of the industry. The economic losses caused by the strike may be serious for the employer. During strikes, production stops, sales go down, due to which rival companies use this opportunity to capture their market and industry loses its consumers and their trust, strikes badly affects the market goodwill of the company.

Both parties i.e, employer and employee are at loss; for employers the quick losses capital loss, loss of profits, the delaying of orders and loss of goodwill as well as the possible incurring of insurance or strike-breaking expenses while on the worker’s side there is the loss of wages, the contracting of debts and all the personal hardships that may be involved.

The losses incurred by a strike are difficult to be calculated economically. Strike can have adverse effect leading to an unstable foreign investment in an economy. Furthermore, the negative effects on international trade include the hindrance of economic development and creating great economic uncertainty especially as the global media continues to share details, images and videos of violence, damage to property and ferocious clashes between strikers and security.

Social Consequences: the social consequences of the strike are serious, and mostly affect the employees; as they are the ones who are losing their wages, they are at greater risk of losing their jobs. Loss of wages or loss of jobs will directly affect in curtailing their consumption and expenses and further strikes in essential utility services effects the tripod of any industry i.e, suppliers, manufactures ( both employer and employees ) & customers. 

A hostile attitude on the part of the employer towards their employees lead Dismissal of workmen.

Legal consequences: The legitimateness of a strike may rely upon the article, or reason, of the strike, on its planning, or the direction of the strikers. The article, or items, of a strike and whether the articles are legitimate are matters that are not in every case simple to decide A strike, legal or illegal, justified or unjustified does not dissolve the employer-employee relationship.

Normally taking part in the illegal strike amounts to misconduct on the part of a workman for which they invite the punishment of dismissal. Whether the employer is free to punish dismissal from services in such cases has been subject to regular domestic enquiry to determine the quality of misconduct and quantum of punishment by finding out whether they were peaceful strikes or violent strikers. It is only after complying with these requirements, a workman if found guilty of the charges may be dismissed.

Lockouts

This is the only method adopted by the Employers against employees to make employees agree to their new rules and procedures. In lockouts, the employer temporarily closes the workplace or stops the work or takes action like suspending the workers to force them to follow the new terms and conditions.

The Trade Union Act 1926

The trade Unions Act, 1926 provides for registration of trade unions with a view to render lawful organisation of labour to enable collective bargaining. It also confers on a registered trade union certain protection and privileges.

The Act extends to the whole of India and applies to all kinds of unions of workers and associations of employers, which aim at regularising labour management relations. A Trade Union is a combination whether temporary or permanent, formed for regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers.

The different legislation on labour in the country are as follows:

  • Apprentices Act, 1961: The object of the Act was the promotion of new manpower at skills and improvement and refinement of old skills through practical and theoretical training.
  • Contract Labour (Regulation and Abolition) Act, 1970: The object of the Act was the regulation of employment of contract labour along with its abolition in certain circumstances.
  • Employees’ provident funds and misc. Provision Act, 1952: The Act regulated the payment of wages to the employees and also guaranteed them social security.
  • Factories Act, 1948: The Act aimed at ensuring the health of the workers who were engaged in certain specified employments.
  • Minimum wages Act, 1948: The Act aimed at fixing minimum rates of wages in certain employments.
  • Trade Union Act, 1926: The Act provided for registration of trade unions and defined the laws relating to registered trade unions.

Registration of Trade Unions

The Trade Union Act of 1926 was passed in the year 1926 but it came into effect in the year 1927. The Act contains the provisions related to registration, regulation, benefits, and protection for trade unions. Section 3 to Section 14 of Chapter 2 of the Act deals with the registration of trade unions in the territory of India.

Section 3: Appointment of Registrars

Section 3 of the Act empowers the appropriate government to appoint a person as the registrar of a trade union. The appropriate government can also appoint as many additional and deputy registrars in a trade union as it deems fit for carrying on the purposes of the Act.

Section 4: Mode of Registration

Section 4 of the Act provides for the mode of registration of the trade union. According to the Section, any seven or more than seven members of a trade union may by application apply for the registration of the trade union subject to the following two conditions:

  • At Least 7 members should be employed in the establishment on the date of the making of the application.
  • At Least 10% or a hundred members whichever is less, are employed in the establishment should be a part of it on the date of making the application.

Section 6: Provisions to be contained in the rules of a Trade Union

Section 6 of the Act enlists the provisions which should be contained in the rules of trade union and it provides that no trade union shall be recognized unless it has established an executive committee in accordance with the provisions of the Act and its rules specify the following matters namely:

  • Name of the trade union;
  • The object of the establishment of the trade union;
  • Purposes for which the funds with the union shall be directed;
  • A list specifying the members of the union shall be maintained. The list shall be inspected by office bearers and members of the trade union;
  • The inclusion of ordinary members who shall be the ones actually engaged or employed in an industry with which the trade union is connected;
  • The conditions which entitle the members for any benefit assured by the rules and also the conditions under which any fine or forfeiture may be imposed on the members;
  • The procedure by which the rules can be amended, varied or rescinded;
  • The manner within which the members of the manager and also the alternative workplace bearers of the labour union shall be elective and removed;
  • The safe custody of the funds of the labour union, an annual audit, in such manner, as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by the workplace bearers and members of the labour union, and;
  • The manner within which the labour union could also be dissolved.

Section 7: Power to call for further particulars and require alteration of the name

Section 7 of the Act furnishes upon the registrar power to call for information in order to satisfy himself that any application made by the trade union is in compliance with the Section 5 and 6 of the Act. in matters where the discrepancy is found the registrar reserves the right to reject the application unless such information is provided by the union.

This Section also confers power to the registrar to direct the trade union to alter its name or change the name if the registrar finds the name of such union to be identical to the name of any other trade union or if it finds its name to so nearly resemble the name of any existing trade union which may be likely to deceive the public or members of either of the trade union.

Section 8: Registration

According to Section 8 of the Act, if the registrar has fully satisfied himself that a union has complied with all the necessary provisions of the Act, he may register such union by recording all its particulars in a manner specified by the Act. 

Section 9: Certificate of Registration

According to Section 9 of the Act, the registrar shall issue a registration certificate to any trade union which has been registered under the provision of Section 8 of the Act and such certificate shall act as conclusive proof of registration of the trade union.

Section 9A: Minimum requirement related to the membership of a Trade Union

Section 9A of the Act lays down the minimum number of members required to be present in any union which has been duly registered, the Sections mandates that a trade union which has been registered must at all times should continue to have not less than 10% or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or utilized in an institution or trade with that it’s connected, as its members.

Section 10: Cancellation of Registration

The registrar, according to Section 10 of the Act has the power to withdraw or cancel the registration certificate of any union in any of the following conditions:

  • On an application made by the trade union seeking to be verified in such manner as may be prescribed;
  • If the registrar is satisfied with the fact that the trade union has obtained the certificate by means of fraud or deceit;
  • If the trade union has ceased to exist;
  • If the trade union has wilfully and after submitting a notice to the Registrar, has contravened any provision of the Act or has been continuing with any rule which is in contravention with the provisions of the Act;
  • If any union has rescinded any rule provided under Section 6 of the Act.

Section 11: Appeals

According to Section 11 of the Act, any union which is aggrieved by a refusal to register or withdrawal of registration made by the registrar can file an appeal:

  • In any High Court, if the head office of the trade union is located in any of the presidency towns;
  • In any labour court or industrial tribunal, if the trade union is located in such a place over which the labour court or the trade union has jurisdiction;
  • If the head office of the trade union is situated in any other location, an appeal can be filed in any court which is not inferior to the Court of an additional or assistant choose of a principal Civil Court of original jurisdiction.

Section 12: Registered office

Section 12 of the Act lays down that all communications and notices to any trade union must be addressed to its registered office. If a trade union changes the address of its registered office, it must inform the same to the registrar within the period of fourteen days in writing and the registrar shall record the changed address in the register mentioned under Section 8 of the Act.

Section 13: Incorporation of Registered Trade Union

Section 13 of the Act states that every trade union which is registered according to the provisions of the Act, shall:

  • Be corporate by the name under which it is registered.  
  • have perpetual succession and a common seal.
  • Power to contract and hold and acquire any movable and immovable property.
  • By the said name can sue and be sued.

Rights and Liabilities of Registered Trade Unions

Section 15 to Section 28 elucidates the rights which a registered trade union has and also the liabilities which can be imposed against it.

Section 15: Objects on which general funds may be spent

Section 15 of the Act lays down the activities only on which a registered trade union can spend its funds. These activities include:

  • Salaries to be given to the office-bearers.
  • The cost incurred for the administration of the trade union.
  • Compensation to the workers due to any loss arising out of any trade dispute.
  • Expenses incurred in the welfare activities of the workers.
  • Benefits conferred to the workers in case of unemployment, disability, or death.
  • The cost incurred in bringing or defending any legal suit.
  • Publishing materials with the aim of spreading awareness amongst the workers.
  • Education of the workers or their dependents.
  • Making provisions for medical treatment of the workers.
  • Taking insurance policies for the welfare of the workers.

The Section also provides that the reason of non-contribution to the said fund and also a contribution to the fund can not be made as a criterion for admission into the union.

Section 16: Constitution of a Separate Fund for Political purposes

Section 16 provides that a trade union, in order to promote the civic and political interests of its members can constitute a separate fund from the contributions made separately for the said purposes. No member of the union can be compelled to contribute to the fund. 

Section 17: Criminal conspiracy in Trade Disputes

Section 17 of the Act states that no member of a trade union can be held liable for criminal conspiracy mentioned under subSection 2 of Section 120B regarding any agreement made between the members of the union in order to promote lawful interests of the trade union.

Section 18: Immunity from civil suits in certain cases

Section 18 of the Act immunes the members of trade union from civil or tortious liabilities arising out of any act done in furtherance or contemplation of any trade disputes. 

For example. in general, a person is subject to tortious liability for inducing any person to breach a contract. But, the trade unions and its members are immune from such liabilities provided such inducement is in contemplation or furtherance of any trade disputes. Further, the inducement should be awful and should not involve any aspect of any violence, threat or any other illegal activity.

Section 19: Enforceability of agreement

According to Section 25, any agreement in restraint of trade is void. But under Section 19 of the Trade Unions Act, 1926 any agreement between the members of a registered trade union in restraint of trade activities is neither void nor voidable. However such right is available only with the registered trade unions as the unregistered trade unions have to follow the general contract law.

Section 20: Right to inspect the books of Trade Union

According to Section 20 of the Act, the account books and the list of the members of any registered trade union can be subjected to inspection by the members of the trade union at such times as may be provided under the rules of the trade union.

Section 21: Rights of minors to membership of Trade Union

Section 21 provides that a person who is above 15 years of age can be  a member of any trade union and if he becomes a member he can enjoy all the rights conferred upon the members of the trade union subject to the conditions laid down by the trade union of which he wants to be a part of.

Section 21-A: Disqualifications of office-bearers of Trade Union

Section 21A of the Act lays down the conditions the fulfilment of which disqualifies a person from being a member of the trade union. The conditions laid down in the Act are as follows:

  • If the member has not attained the age of majority
  • If he has been convicted by any of the courts in India for moral turpitude and has been sentenced to imprisonment unless a period of five years has elapsed since his release. 

Section 22: Proportion of office-bearers to be connected with the industry

Section 22 of the Act mandates that not less than half of the members of the trade union should be employed in the industry or work with which the trade union is connected. For example trade union is made for the welfare of the agricultural labourers then, as per this Section half of the members of such a trade union should be employed in agricultural activities. 

Section 23: Change of name

Section 23 states that any registered union is free to change its name provided it does so with the consent of not less than 2/3rd of its members and subject to the fulfilment of the conditions laid down in Section 25 of the Act.

Section 24: Amalgamation of Trade Unions

Section 24 lays down that two or more trade unions can join together and form one trade union with or without dissolution or division of the fund. Such amalgamation can take place only when voting by half of the members of each trade union has been effectuated and that sixty per cent of the casted votes should be in favour of the proposal.

Section 25: Notice of change of name or amalgamation

Section 25 of the Act provides that: 

  • A notice in writing of every change of name and of every amalgamation which is duly signed by the Secretary and by seven members of the Trade Union changing its name, and, in the case of an amalgamation, by the Secretary and by seven members of each and every Trade Union which is a party thereto, should be sent to the Registrar.
  • If the Registrar feels that the proposed name is identical with the name of any other existing Trade Union or, it so nearly resembles such name as it is likely to deceive the public or the members of either Trade Union, the Registrar may refuse to register the change of name.
  • If the Registrar of the State in which the head office of the amalgamated Trade Union is situated is satisfied that the provisions of this Act have complied with the amalgamation shall be given effect from the date of such registration.

Section 27: Dissolution

Section 27 of the Act talks about the dissolution of a firm as follows:

  • If a registered trade union has been dissolved, a notice of such dissolution which must be signed by seven members and by the Secretary of the Trade Union should be served to the registrar within 14 days of such dissolution and if the registrar is satisfied that the dissolution has been effected in accordance with the rules laid down by the trade union may register the dissolution.
  • Where a union has been dissolved but its rules do not lay down the way in which the fund is to be distributed after its dissolution, the registrar may distribute the funds in any prescribed manner.

Section 28: Returns

Section 28 provides that each trade union should send the returns to the registrar annually on or before such a day as may be prescribed by the registrar. The return includes:

  • General statement 
  • Audit report
  • All the receipts and expenditure incurred by the trade union
  • Assets and liabilities of the firm on the 31st day of December

Sub-Section 2 of the Section provides that along with the general statement a copy of the rules of the trade union corrected up to the date of dispatch thereof and a statement indicating all the changes made by the union in the year to which the statement is referred to be sent to the registrar.

Whenever any registered trade union alters its rules, such alterations should be conveyed to the registrar in a period of not less than 15 days from making such alterations.

Regulations

Section 29 to Section 30 of Chapter 4 of the Act lays down the regulations which shall be imposed on the trade union.

Section 29: Power to make regulations

Section 29 of the Act confers the right on the appropriate government to make provisions in order to ensure that the provisions of the Act are fairly executed. Such regulations may provide for any or all of the matters, which are as follows:

  • The manner in which a trade union or its rules shall be registered;
  • The manner in which the registration of a trade union has to be transferred which has changed its head office;
  • The manner of appointment and qualification of the person who shall audit the accounts of the registered trade union; 
  • Circumstances under which the documents kept by the registrar shall be allowed to be inspected and also the fees that shall be levied in lieu of the inspection so made.

Section 30: Publication of Regulations

Section 30 states that:

  • The power of making regulations conferred to the government is subject to the condition that such regulation has been made after the previous publication.; 
  • The date from which the regulation shall be given effect shall be specified in accordance with clause (3) of Section 23 of the General Clauses Act, 1897, and the date should not be less than three months from the date on which the draft of the proposed regulations was published for general information;
  • The regulations which are made must be specified in the official gazette of India and it shall have the effect of an enacted law.

Penalties and Procedure

Section 31 to Section 33 of the Trade Union Act lays down the penalties and the procedure of its application upon a trade union which is subject to such penalty.

Section 31: Failure to submit returns

Section 31 states that:

  • If any trade union was required to send any notice, statement or any document to the registrar under the Act and if the rule did not prescribe a particular person in the union to provide such information then in case of default each member of the executive shall be imposed with the fine extendible to five rupees. In case of continuing default, the fine may be extended to five rupees a week.
  • If any person willfully makes or causes to be made any false entry or omission in the general statement required under Section 28 of the Act shall be punishable with fine extendible to 500 rupees.

Section 32: Supplying false information regarding Trade Unions

Article 32 states, the following:

  • Any person who in order to deceive a member of any trade union or any other person who purports to be the part of the trade union, 
  • Gives a copy of the document with the pretext of it containing the rules of a trade union. 
  • Which he knows or has reason to believe that it is not a correct copy of such rules and alteration and,
  • Any person with the like intent give the copy of any document purporting it to be a copy of the rules of a registered trade union which in reality is an unregistered union,
  • Shall be imposed with fine which may extend to two hundred rupees.

Section 33: Cognizance of offences

Section 33 contains the provisions with respect to the cognizance of offence. It says that no court which is inferior to presidency magistrate or magistrate of the first class shall try an offence under the Act. courts can take cognizance of the offences under the Act only in the following cases:

  • When the complaint has been made with the previous sanction of the registrar
  • When a person has been accused under Section 32 of the Act, he shall be tried within six months of the commission of the alleged offence.

Collective Bargaining and Trade Disputes

When an organized body negotiates with the employer and fixes the terms of employment by means of bargaining is known as Collective Bargaining. The essential element of Collective Bargaining is that it is between interested parties and not from outside parties.

International labour organization in its manual in the year 1960 defined the meaning of collective bargaining as:

“Negotiations about working conditions and terms of employment between an employer, a group of employees or one or more employers organization on the other, with a view to reaching an agreement.” the terms of agreement are used to ascertain the rights and obligations by which each party is bound towards one another during the course of employment.

Section 8 of the Industrial Relations Act 1990 define trade dispute, according to the Act, industrial dispute refers to any dispute which arises between the employers and the workers and it is usually in connection with any one of the following:

  • employment or non-employment, 
  • the terms or conditions of the employment,
  • Something which affects the employment of any person.

Essential conditions for collective bargaining

  • Favourable political and social climate: all the collective bargaining which took place in the past bears the testimony to the fact that favourable political and social climate is the prerequisite of collective bargaining. The reason for the same is quite obvious as almost all the trade unions in India subscribe to one or the other political view and therefore, trade unions usually favour the employees not on the basis of the merit of the issues they raise but on the basis of their political considerations.
  • Trade union: in any democratic country like India which recognizes the right to speech as a fundamental right, the right to form a trade union is a direct consequence of it and so all the employers should recognize the trade unions and its representative.
  • Problem-solving attitude: it means that both the parties while negotiating a bringing up their relative concerns should adopt a problem-solving attitude and should aim at amicably solving the problem without trying to put the opposite party into a loss.
  • Continuous dialogue: the dialogue between the employer and the workers may sometimes end up without any fruitful negotiation or there may arise a bargaining impasse, in such a case the free flow of dialogue between the employer and employee should not be stopped and sometimes keeping aside the bone of contention helps bring up a better solution.

Purposes of collective bargaining

  • To provide an opportunity for the workers to voice their complaints and grievances regarding the working conditions.
  • To pave the way for the employer and workers to reach an amicable solution peacefully without having any ill will towards one another.
  • To sort out all the disputes and conflicts between the employer and worker.
  • To prevent any dispute which is likely to take place in the future by mutually agreeing on the contract.
  • To foster a peaceful and stable relationship between the workers and the organization.
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