Section 10A in The Industrial Disputes Act, 1947

 

10A. Voluntary reference of disputes to arbitration.-

(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.

(1A) 4 Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.

(2) An arbitration agreement referred to in sub- section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.

(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer and the appropriate Government shall, within 1 one month from the date of the receipt of such copy, publish the same in the Official Gazette.

(3A) 2 Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may, within the time referred to in sub- section (3) issue a notification in such manner as may be prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.

(4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be.

(4A) 2 Where an industrial dispute has been referred to arbitration and a notification has been issued under sub- section (3A), the appropriate Government may, by order, prohibit the continuance of any strike or lock- out in connection with such dispute which may be in existence on the date of the reference.

(5) Nothing in the Arbitration Act, 1940 (10 of 1940 ), shall apply to arbitrations under this section.

Legal Awareness Random Notes Part 1

Read more one liners

1) As per Justice Krishna Iyer “Every litigation has a moral and, these appeals have many, the foremost being that the economics of law is the essence of labour jurisprudence.”

2) Arbitration award of an industrial dispute can be passed under Section 10A of the Industrial Disputes Act, 1947.

3) But the jural resolution of labour disputes must be sought in the law-life complex, beyond the factual blinkers of decided cases, beneath the lexical littleness of statutory texts, in the economic basics of industrial justice which must enliven the consciousness of the court and the corpus juris.

4) The ethical roots of jurisprudence, with economic overtones, are the clan vital of any country's legal system.

5) Capital shall be the brother and keeper of Labour and cannot disown this obligation, because Articles 43 and 43A are constitutional mandates.

6) Subsection (1) of Section 319 of the Criminal Procedure Code empowers Court for addition of new accused in a case.

7) The Constitutional mandate under Articles 20 and 21 of the Constitution of India, 1950 provides a protective umbrella for the smooth administration of justice making adequate provisions to ensure a fair and efficacious trial so that the accused does not get prejudiced after the law has been put into motion to try him for the offence but at the same time also gives equal protection to victims and to the society at large to ensure that the guilty does not get away from the clutches of law.

8) Certain statutory presumptions in relation to certain class of offences have been raised against the accused whereby the presumption of guilt prevails till the accused discharges his burden upon an onus being cast upon him under the law to prove himself to be innocent.

9) Section 351 of the Criminal Procedure Code, 1898 (`Old Code’), empowered the court to summon any person other than the accused if he is found to be connected with the commission of the offence, who is present in the court during the time of hearing. (This act is repealled but still referred to interpret the new Criminal Procedure Code).

10) Section 319 Cr.P.C. springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the ambit and the spirit underlying the enactment of Section 319 Cr.P.C.

Legal Awareness Short Notes

Reference:

Gujarat Steel Tubes Ltd vs Gujarat Steel Tubes Mazdoor Sabha on 19 November, 1979 Equivalent citations: 1980 AIR 1896, 1980 SCR (2) 146

Section 15 in The Industrial Employment (Standing Orders) Act, 1946: Power to make rules

Read more about Labour Law

15. Power to make rules.—

(1) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may—

(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;

(b) set out model standing orders for the purposes of this Act;

(c) prescribe the procedure of Certifying Officers and appellate authorities;

(d) prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders;

(e) provide for any other matter which is to be or may be prescribed: Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.

(3) Every rule made by the Central Government under this section 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 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 rule or both Houses agree that the rule should not be made, the rule 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 rule. 

State amendment Maharashtra: Gujarat.—In section 15, in sub-section (2),—

(a) in clause (a), after the words “standing orders”, insert the words “or amendments”;

(b) in clause (d), for the words “copies of standing orders entered in the register of standing orders”, substitute “copies of standing orders or model standing orders together with all the amendments filed in the register under section 8”. 

Read more about Labour Law

Section 11A in The Industrial Disputes Act, 1947

 Section as it is in the bare Act:

11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.

Read more about Labour Law

Sexual Harassment at Workplace MCQ Part 4

Sexual harassment of women at working place has been included in the conduct rules after the judgement of Supreme Court in :

(a) Indra Sawhney vs. U.O.I. (b) Vishakha vs. State of Rajasthan

(c) Sheela Barse vs. U.O.I. (d) Shahabano’s case

============

“Chairperson” under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 means?

(a) Chairman of Parliamentary Committee on Women

(b) Minister of Women and Child Development

(c) Chairperson of National Women’s Commission

(d) Chairperson of the Local Complaints Committee

===============

Which among the following is a “sexual harassment” as defined under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013?

(a) physical contact and advances

(b) a demand or request for sexual favours

(c) showing pornography

(d) All the above

============

Which among the following constitutes “sexual harassment” according to the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

a) Unwelcome physical contact and advances, or unwelcome sexually colored remarks

b) Trafficking

c) Acid attack

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Can any person with information about a sexual harassment incident file a complaint to the Complaints Committee?

a) Yes, only with written consent of the complainant

b) Yes, even without written consent of the complainant

c) No

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 came into force on?

(a) 22 April 2013

(b) 9 December 2013

(c) 21 August 2014

(d) 22 January 2015

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Sexual Harassment at Workplace MCQ Part 3

Which of the following landmark cases pointed out to the Supreme Court through a letter, which was treated as PIL, that the guidelines issued in Vishakha's case were not being implemented in the establishments?

A. Medha Kotwal Lele's Case

B. Meghna Kotwal Lele's case

C. Medha Patkar case

D. None of the above

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Which of the following may amount to sexual harassment under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013?

(a) implied or explicit promise of preferential treatment in her employment

(b) implied or explicit threat of detrimental treatment in her employment

(c) humiliating treatment likely to affect her health or safety

(d) All the above

==============

Which of the following can provide redressal in case a female domestic worker files a sexual harassment complaint against her employer?

a) Women’s Cell

b) Internal Complaints Committee

c) Local Complaints Committee

==============

“Employee” under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 means?

(a) regular employee

(b) temporary employee

(c) adhoc/daily wage employee

(d) All the above

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Which among the following does not come under the meaning “workplace” under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013?

(a) any private sector organisation

(b) hospitals or nursing homes

(c) any sports institute, stadium, sports complex

(d) None of these

============

What is the purpose of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013?

(a) provide protection against sexual harassment of women at workplace

(b) prevention and redressal of complaints of sexual harassment

(c) Both a and b above

(d) None of these

==============

Sexual Harassment at Workplace MCQ Part 2

Vishakha and others V. State of Rajasthan deals with :

(a) Child Marriage (b) Sexual Harassment

(c) Bonded Labour (d) None of the above

===========

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 received the assent of the President on?

(a) 8 March 2013

(b) 22 April 2013

(c) 8 December 2012

(d) 22 March 2013

=============

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to

a) women b) men

c) both men and women

===========

Every offence under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 shall be?

(a) non-bailable

(b) cognizable

(c) bailable

(d) non-cognizable

==============

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to

a) Only organized sector

b) Only unorganized sector

c) Both organized and unorganized sectors

=============

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 is Act ___ of 2013?

(a) 14 (b) 37

(c) 32 (d) 9

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Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates every organization to have a committee to redress sexual harassment complaints filed by women employees. The committee is called

a) Women’s Cell

b) Internal Complaints Committee

c) Local Complaints Committee

=============

Sexual Harassment at Workplace MCQ Part 1

Vishaka and other Vs. State of Rajasthan deals with _____.

(a) Rape (b) Sexual harassment at work place

(c) Bigamy (d) Dowry

==========

__________ provides protection to Women from sexual harassment at all workplaces both in public and private sector, whether organised or unorganised.

(a) Special Marriage Act

(b) National Commission for Women Act

(c) Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act

(d) All of the above

============

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to

a) the whole of India

b) the whole of India except Jammu and Kashmir

c) the whole of India except north-eastern states

d) the whole of India except union territories

==============

Section 4 of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 deals with?

(a) Complaint of sexual harassment

(b) Inquiry into complaint.

(c) Constitution of Internal Committee

(d) Prohibition of publication or making known contents of complaint and inquiry proceedings

============

Where the employer fails to constitute an Internal Committee as provided under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013, he/she shall be punishable with fine which may extend to?

(a) Rs. 25,000/-

(b) Rs.10,000/-

(c) Rs.50,000/- if previously convicted punishment twice the earlier punishment

(d) Rs.1 Lakh

=============

In ______, the Supreme Court has emphasised the need for an effective legislation in India to curb sexual harassment of working women and laid down number of guidelines to that effect.

(a) Vishaka Vs. State of Rajasthan

(b) Apparel Export Promotion Council Vs. A.K. Chopra

(c) Both (a) and (b)

(d) None of above

===========

Explain the beneficial provisions conferred on the women under the Factories Act.

The Factories Act, 1948:

The Factories Act, 1948 The Factories Act is a part of labour welfare legislation wherein measures have been laid down to be adopted for the health, safety, welfare, working hours, leave and employment of young persons and women who are employed at factories. The Act was drastically amended in 1987 whereby safeguards against the use and handling of hazardous substances for setting up hazardous industries were laid down.

Provisions for women's welfare under the Factories Act, 1948

Exclusive provisions for women have also been incorporated in the Act keeping in view their soft and tender personalities. The maximum of these provisions was incorporated by the amendment of the Act in 1987. Provisions for the welfare of women:

Prohibition of employment of women during night hours: It is a safety measure for a woman.

Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.

Prohibition of work in hazardous occupations: it provides that no women shall be allowed to clean, lubricate or adjust any part of a prime mover of any transmission machinery, lubrication or adjustment which would expose the women to risk of injury from moving any part either of that machinery.

Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman to risk of injury from any moving part either of that machine or of any adjacent machinery.

Pearson v Belgium Co LTD.(1896) 1 Q B 244: The question was whether stationary parts of a machine can be cleaned by women if the machine as a whole is in motion. It was held by the court that if machinery as a whole is in motion even stationary parts of the machine cannot be cleaned by a woman.

Richard Thomas and Baldwins Ltd. V Cummings(1955) 1 AII ER 285: The court observed that there would be no breach of statutory duty if an injury occurs while the machinery is unfenced if the power is cut off and the machinery is under repairs and the parts are not in motion but are moved by hand for purposes of repairs.

Prohibition of employment of women in pressing cotton where a cotton opener is at work: Section 27 of the Factories Act, 1948 prohibits employment of women in any part of a factory for pressing cotton in which a cotton opener is at work.

Fixation of daily hours of work at nine: Hours of work which provides that the daily hours of work of adult workers have been fixed at 9 by provisions of Section 54 of the Factories Act, 1948. Sometimes men can work for more time but it does not permit women workers to go beyond the limit.

Fixation of maximum permissible load: It is a safety measure and it is also supported by the International Labour Laws.

Provision for crèche: In every factory where more than 30 women workers are ordinarily employed, there shall be a suitable room for the use of children under the age of six years of such women. It is a nursery and a place where the babies of working women are taken care of while the mothers are at work. It provides that in every factory there shall be a suitable room for the use of children under the age of 6 years of such women and should be adequately clean, ventilated, accommodation and sanitary condition. Section 48 of the Factories Act, 1948 provides for the provision of crèche in factories.

Provision for washing and bathing facilities, toilet facilities: The Act provides for separate and adequately screened washing and bathing facilities for women. Washing and bathing facilities are provided for women workers and shall be kept clean. Provisions for toilets are also provided under the Factories Act. Latrine and urinal facilities separately for men and women are necessary where women labour is employed. The factories Act must make it obligatory for any factory owner to maintain an adequate number of latrines and urinals separate for women. Provision for separate latrines and urinals for female workers exists under Section 19 of the Factories Act, 1948. Provision for separate washing facilities for female workers exists under Section 42 of the Factories Act.

All the above provisions are simultaneously provided under The Plantations Labour Act 1951, The Mines Act 1952, The Beedi and Cigar Workers (Conditions of Employment) Act 1966, The Contract Labour (Regulation and Abolition) Act 1970 and The Interstate Migrant Workmen (Regulation of Employment and condition of services) Act 1979.

References:

1) Protection of women under the labour laws

2) Women Rights Under Indian Labour Laws- A Socio-Economic Study

3) About Women Labour

C001 Hours of Work (Industry) Convention, 1919

 ü Vande Matram! India always supported International Law since the era of British Rule. For that India had signed many treaties and conventions. So you are welcome in the series of Treaties Ratified by India.

ü Let’s talk about a convention related to labor which is ratified by the Government of India with the International Labour Organisation (ILO).

ü Since 1919, means since the time of the inception of ILO, India is implementing labor laws in its territory.

ü C-001 Hours of Work (Industry) Convention, 1919 is the very first convention of ILO.

ü It was adopted in General Conference held in Washington and organized by the US government on Dt. 29^th October 1919.

ü Due to this convention the limit of maximum hours of working was fixed, which is 8 hours per day and 48 hours per week.

ü And hence the even today in all companies across the world the time of one working shift is 8 hours.

ü Convention is currently open for denunciation.

ü In 1919, Narayan Malhar Joshi who was the leader of the Indian Trade Union represented the labor of India in the ILO General Conference held in Washington.

If you want to know more about Narayan Malhar Joshi then let me know in the comments. Bharat Mata ki Jay.

C-127 Maximum Weight Convection 1967

 Vande Matram! In this article, I am sharing some one-liners about C-127 Maximum Weight Convention, 1967.

·        This is a labor welfare-related treaty and is concerned with permissible weight to be carried by one worker.

·        Date of Adoption: 28th June 1967

·        Date of coming into force: 10th March 1970

·        Place: Geneva

·        Passed in General Conference of International Labour Organisation (ILO)

·        It was the 51^st session of ILO conducted on 7^th June 1967

·        As per the C-127 convention of ILO, “Manual transport of loads” means any transport in which the weight of the load is wholly by one worker, it covers the lifting and putting down of the loads.

·        As per the C-127 convention of ILO, “Regular Manual Transport of Loads” means which is continuously and principally devoted to the manual transport of the loads, or which normally includes, even though intermittently, the manual transport of loads.

·        As per the C-127 convention of ILO, “young worker” means a worker under 18 years of age.

·        This convention applies to all branches of economic activities.

·        As per Article 3 of C-127, if carrying loads is creating serious health hazards to a person then such person shall not be permitted to do the job of manual transportation of loads.

·        Article 5 of C-127 makes it compulsory that a worker who is assigned a job of manual transport of loads on regular basis should be trained adequately to avoid any health hazards as well as accidents.

·        Article 7 of C-127 limits the number of women and young workers for manual transport of heavy loads, and if they are assigned for this work then they must carry substantially lesser load permissible to carry for adult male workers.

·        The ratification of the members must be registered with the Director-General of ILO

·        After ratification, the member nation should implement the provisions of this C-127 by way of laws and acts as per the national practice within 12 months from such ratification.

·        India ratified the C-127 convention of ILO on 26^th March 2010 and it is now in force in India.

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