“Appellate Authority” means an authority appointed by the Appropriate Government by notification in the Official Gazette to exercise the functions of an appellate authority under the Act.
The area of the appellate authority may be specified in the notification; provided that in relation to an appeal pending before an Industrial Court or other authority immediately before the commencement of the Industrial Employment (Standing Orders) (Amendment) Act 1963, that Court or authority shall be deemed to be the appellate authority.
Appropriate Government [Section 2(b)]
“Appropriate Government” means in respect of industrial establishments under the control of the Central Government or a railway administration or in a major port, mine, or, oil-field, the Central Government. In all other cases, Appropriate Government means the State government.
Certifying Officer [Section 2(c)]
“Certifying Officer means a Labour Commissioner or a Regional Labour Commissioner and includes any other officer appointed by the Appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under the Act.
Employer [Section 2(d)]
“Employer” means the owner of an industrial establishment to which this Act for the time being applies, and includes:
- In a factory, any person named under Section 7 of the Factories Act, 1948, as manager of the factory;
- In any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;
- In any other-industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment.
Industrial Establishment [Section 2(e)]
It has been defined under Section 2(e) to mean:
- An industrial establishment as defined in clause (ii) of Section 2 of the Payment of Wages Act, 1936, or
- A factory as defined in clause (m) od Section 2 of the Factories Act, 1948, or
- A railway as defined in clause (4) of Section 2 of the Indian Railways Act, 1890, or
- The establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishments, employs workmen. The expression “Industrial establishment” refers different enactments and indicates that industrial establishment means the premises, which are subject to the provisions of enactments referred to therein.
Standing Orders [Section 2(g)]
It means rules relating to matters set out in the schedule.
The standing orders shall have to provide for the conditions of employment in respect of the following matters specified in the Schedule to the Act:
- Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
- Manner of intimating to workmen periods and hours of work, holidays, paydays, and wage rates.
- Shift working.
- Attendance and late coming.
- Conditions of, procedure in applying for, and the authority, which may grant leave and holidays.
- The requirement to enter premises by certain gates & liability to search.
- Closing the reopening of sections of the industrial establishment and temporary stoppages of work and the rights and liabilities of the employer and workmen arising therefrom.
- Termination of employment and the notice thereof to be given by employer and workmen.
- Suspension or dismissal for misconduct and acts or omissions, which constitute misconduct.
- Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
- Any other matter, which may be prescribed.
Trade Union [Section 2(h)]
It means a trade union for the time being registered under the Trade Unions Act, 1926.
Wages and Workman [Section 2(I)]
Wages and workmen have the meanings respectively assigned to them in section 2(rr) and section 2(s) of the Industrial Disputes Act, 1947.