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Section 3 – Appointment of Registrars (1) The government of the State (called the “appropriate government”) will appoint a Registrar of Trade Unions for each State. (2) The government may also appoint Additional Registrars and Deputy Registrars to help the Registrar. They will work under the supervision and directions of the Registrar. The government will define their powers and the areas where they will work. (3) If an Additional or Deputy Registrar works in the area where a Trade Union’s head office is located, they will be treated as the “Registrar” for that Union under the Act. Section 4 – Mode of Registration (1) At least seven members of a Trade Union can apply for registration by signing its rules and following all requirements under the Act. (2) If some members (not more than half of the original applicants) leave the union or withdraw their names after applying — but before registration — the application will still be valid. Section 5 – Application for ...

Unfair Labour Practices:  Meaning Unfair labour practices refer to actions taken by employers or trade unions that violate the rights of workers or employers, often with the intent to undermine the collective bargaining process or to create an unfair advantage. The Legal Framework on Unfair Labour Practices: Industrial Disputes Act, 1947 The Industrial Disputes Act, 1947, provides a legal framework for addressing industrial disputes, protecting workers' rights, and promoting fair labour practices. The Fifth Schedule of the Act enumerates unfair labour practices by both employers and workers. Unfair Labour Practices by Employers 1. Interference with Workers' Rights to Unionise: Employers cannot interfere with, restrain, or coerce workers in their right to organise, form, join, or assist a trade union. 2. Dominating or Supporting a Trade Union: Employers cannot dominate, interfere with, or contribute support to any trade union. 3. Discrimination Based on Union Membership: Empl...

  “Doctrine of Added Peril”   Doctrine of Added Peril – Labour Law Notes 1. Introduction The Doctrine of Added Peril serves as a legal defense for employers against liability for compensation under laws like: Employees' Compensation Act, 1923 Employees’ State Insurance Act, 1948 It applies when a worker voluntarily undertakes a task outside their scope of duty , exposing themselves to additional and unnecessary risks , thereby excluding the employer from liability. 2. Definition Added Peril refers to a situation where: The employee acts beyond assigned duties . The action involves a significantly higher risk than what is inherent in the employment. Injury arises not due to employment but due to personal volition . In such cases, the employer is not liable for the injury caused. 3. Legal Basis Under Indian labour law: Liability exists only when injury arises "out of and in the course of employment" . If an employee voluntarily creates a new risk ...

  Difference Between Partial Disablement and Total Disablement    Difference Between Partial Disablement and Total Disablement  Aspect Partial Disablement Total Disablement Definition Reduction in earning capacity due to a work-related injury or illness that does not completely incapacitate the worker. Complete loss of earning capacity due to a work-related injury or illness. Types – Permanent Partial Disablement – Permanent Total Disablement   – Temporary Partial Disablement – Temporary Total Disablement Nature Worker can still perform some duties. Worker is unable to perform any work duties. Compensation Calculation Based on the percentage of loss of earning capacity. Based on a fixed percentage of the worker’s monthly wages.   –  Permanent Partial Disablement : Percentage of total disablement compensation, proportionate to the degree of disability. –  Permanent Total Disablement : Lump sum amount, typically 60% of the worker’s monthly wages, su...

   Liability of Employer to Pay Compensation under the Employees’ Compensation Act, 1923 Introduction: The Employees’ Compensation Act, 1923 (formerly the Workmen's Compensation Act, 1923), is a social welfare legislation aimed at providing financial protection to workers and their dependents in case of accidents arising out of and in the course of employment, resulting in injury or death. 1. Scope and Applicability: Objective: To provide compensation to employees/workmen for personal injury, disablement, or death due to accidents during employment. Applicability: Applies to certain classes of employers and employees as defined under the Act, particularly in hazardous employments. 2. Employer’s Liability – Section 3: The cornerstone provision of the Act is Section 3 , which deals with the liability of the employer to pay compensation. Conditions for Liability: The employer is liable to pay compensation if: Personal injury is caused by accident The accident aris...

  Health and Welfare of Workers under the Factories Act, 1948 : (a) Health of Workers  Chapter III (Sections 11 to 20) of the Factories Act, 1948 deals with provisions relating to the health of workers . These provisions aim to ensure hygiene and healthy working conditions in factories. Provisions: Section 11 – Cleanliness: The factory must be kept clean and free from effluvia arising from drains, privies, or other nuisances. Floors, workrooms, and benches must be cleaned regularly. Whitewashing or repainting must be done at intervals prescribed by law. Section 12 – Disposal of Wastes and Effluents: Effective arrangements must be made for disposal of wastes and effluents. The disposal must conform to pollution control norms. Section 13 – Ventilation and Temperature: Proper ventilation must be maintained in the factory. Temperature should be such as to secure reasonable conditions of comfort for the workers. Section 14 – Dust and Fume: Measures m...

What is Lockout? According to  Section 2(l)  of the  Industrial Disputes Act, 1947 , a lockout refers to the “closing of a place of employment or the suspension of work or refusal to continue to employ any number of persons employed in an establishment.” A lockout is essentially the employer’s action to prevent workers from entering the workplace and performing their duties. What is Closure? On the other hand,  closure  refers to the permanent shutdown of an industrial establishment or part of it.  Section 2(cc)  of the Industrial Disputes Act defines closure as “the permanent closing down of a place of employment or part thereof.” The closure is an employer’s action to permanently discontinue operations in an establishment, resulting in the termination of employees. Aspect Lockout Closure Definition Temporary suspension of work by the employer to resolve disputes. Permanent shutdown of a business or part of it. Duration Temporary, lasts until the disp...