The Industrial Disputes Act, 1947

Section 1950

In force · As amended up to 2026-08

Chapter I: PRELIMINARY ``` | Section 1950(7): 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- (7) any domestic service; or ``` ``` Chapter I: PRELIMINARY ``` | Section 1950(5): 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- (5) khadi or village industries; or ``` ``` Chapter I: PRELIMINARY ``` | Section 1950(9): 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- (9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten;] --------------------------------------------------------------------- 1. Ins. by Act 65 of 1951, s. 32. 2. Cl. (eee) ins. by Act 43 of 1953, s. 2 omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). 3. Subs. by the A. O. 1948, for "a Government in British India". 4. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). ``` ``` 5. Cl. (h) omitted by the A. O. 1950. ``` ``` 6. Ins. by Act 18 of 1952, s. 2. ``` ``` 7. Subs. by Act 46 of 1982, s. 2 (w.e.f. -------). ``` ``` ``` ``` (k) "industrial dispute" means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person; 1*[(ka) "industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried on: Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,-- ``` Chapter I: PRELIMINARY ``` | Section 1950(8): 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- (8) any activity, being a profession practised by an individual or body or individuals, if the number of persons employed by the individual or body of individuals in relation to such profession is less than ten; or Chapter I: PRELIMINARY ``` | Section 1950(6): 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- (6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or ``` ``` Chapter I: PRELIMINARY ``` | Section 1950: 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- 1950. 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- 1962). 9. Subs. by Act 36 of 1964, s. 2, for "the Deposit Insurance Corporation established" (w.e.f. 19-12-1964). 10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971). ``` ``` ``` Chapter I: PRELIMINARY ``` | Section 1950: 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- ``` [a Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1940), or the Industrial Finance Corporation of India established under section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948), or the Employees' State Insurance Corporation established under section 3 of the Employees' State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948( 46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under section 5A and section 5B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), or the "Indian Airlines" and "Air India" Corporations established under section 3 of the Air Corporations Act, 1953 (27 of 1953), or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or the Oil and Natural Gas Commission established under section 3 of the Oil and Natural Gas Commission Act, 1959 (43 of 1959), or the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under section 16, of the Food Corporations Act, 1964 (37 of 1964), or the International Airports Authority of India constituted under section 3 of the International Airports Authority of India Act, 1971 (48 of 1971), or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India 2* [the National Housing Bank established under section 3 of the National Housing Bnak Act, 1987 (53 of 1987) or] 3*[a banking or an insurance company, a mine, an oil-field] 4*[, a Cantonment Board,] or a major port, the Central Government, and ``` Chapter I: PRELIMINARY ``` | Section 1950(9): 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- ``` (a) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking; (b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;] 2*[(kk) "insurance company" means an insurance company as defined in section 2 of the Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State ;] ``` ``` 1*[(kka) "khadi" has the meaning assigned to it in clause (d) of ``` ``` section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);] ``` ``` 3*[(kkb)] "Labour Court" means a Labour Court constituted under section 7:] ``` Chapter I: PRELIMINARY ``` | Section 1950: 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- - `(ii) in relation to any other industrial dispute, the` - `State Government;` - `4*[(aa) "arbitrator" includes an umpire;]` - `5*[6*[(aaa)] "average pay" means the average of the wages payable to a workman--` - `(i) in the case of monthly paid workman, in the three complete calendar months,` ``` --------------------------------------------------------------------- ``` ``` 1. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). ``` ``` 2. Ins. by Act 53 of 1987, s. 56 and Sch. II (w.e.f. 9-7-1988). ``` ``` 3. Subs. by Act 54 of 1949, s. 3, for "a mine, oil-field". ``` ``` 4. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964). ``` ``` 5. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953). ``` `6. Cl. (aa) relettered as "(aaa)" by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).` ``` ``` ``` (ii) in the case of weekly paid workman, in the four complete weeks, ``` ``` (iii) in the case of daily paid workman, in the twelve full working days, ``` ``` preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;] ``` Chapter I: PRELIMINARY ``` | Section 1950(9): 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- ``` 4*[(kkk) "lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the breakdown of machinery 5*[or natural calamity or for any other connected 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. Explanation.--Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause: Provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid- off only for one-half of that day: ``` ``` Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;] ``` Chapter I: PRELIMINARY ``` | Section 1950: 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- ``` 1*[(b) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A;] ``` ``` 2*[(bb) "banking company" means a banking company as defined in section 5 of the Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, and includes 3*[the Export-Import Bank of India 4*[,the Industrial Reconstruction Bank of India,] 5*[the Industrial Development Bank of India,] 6*[the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of India, the State Bank of India 7*[a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), 8*[a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank]] as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);] ``` ``` (c) "Board" means a Board of Conciliation constituted under this Act; ``` ``` 9*[(cc) "closure" means the permanent closing down of a place of employment or part thereof;] ``` ``` (d) "conciliation officer" means a conciliation officer appointed under this Act; ``` Chapter I: PRELIMINARY ``` | Section 1950(9): 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- ``` --------------------------------------------------------------------- 1. Ins. by Act 46 of 1984 s. 2 (w.e.f. 21-8-1984). ``` ``` 2. Ins. by Act 54 of 1949, s. 3. ``` ``` Chapter I: PRELIMINARY ``` | Section 1950: 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- ``` (e) "conciliation proceeding" means any proceeding held by a conciliation officer or Board under this Act; ``` ``` --------------------------------------------------------------------- ``` ``` 1. Subs. by Act 36 of 1956, s. 3, for cl. (b) (w.e.f. 10-3-1957). 2. Subs. by Act 38 of 1959, s. 64 and Sch. III, Pt. II, for cl. (bb) which was ins. by Act 54 of 1949, s. 3. 3. Ins. by Act 28 of 1981, s. 40 and Sch. II (w.e.f. 1-1-1982). 4. Ins. by Act 62 of 1984, s. 71 and Sch. III (w.e.f. 20-3-1985). 5. Ins. by Act 18 of 1964, s. 38 and Sch. II, Pt. II (w.e.f. 1-7- 1964). 6. Ins. by Act 39 of 1989, s. 53 and 2nd Sch. (w.e.f. 7-3-1990). 7. Subs. by Act 5 of 1970, s. 20, for "and any subsidiary bank" (w.e.f. 19-7-1969). 8. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15-4-1980). 9. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984). ``` ``` ``` `1*[(ee) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;]` Chapter I: PRELIMINARY ``` | Section 1950: 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- ``` 2* * * * * (f) "Court" means a Court of Inquiry constituted under this Act; (g) "employer" means-- (i) in relation to an industry carried on by or under the authority of any department of 3*[the Central Government or a State Government], the authority prescribed in this behalf, or where no authority is prescribed, the head of the department; (ii) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority; 4*[(gg) "executive", in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted;] 5* * * * * (i) a ``` Chapter I: PRELIMINARY ``` | Section 1950: 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- ``` person shall be deemed to be "independent" for the purpose of his appointment as the chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute: 6*[Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate Government the nature and extent of the shares held by him in such company;] 7*[(j) "industry" means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,-- ``` ``` (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, ``` ``` and includes-- ``` Chapter I: PRELIMINARY ``` | Section 1950: 8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1- ``` (a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948); (b) any activity relating to the promotion of sales or business or both carried on by an establishment. ``` ``` but does not include-- ``` ``` substantially engaged in any charitable, social or philanthropic service; or ``` ```

Source: India Code