In this article, we should study the authorities under MRTU & PULP Act are Industrial Court, Labour Court, and Investigating Officers.

Industrial Court:

Constitution of Industrial Court:

Section 4 of MRTU & PULP Act, 1971 provides for the constitution of an Industrial Court. The provisions are as under:

1. The State Government shall by notification in the Official Gazette, constitute an Industrial Court.
2. The Industrial Court shall consist of not less than three members, one of whom shall be the President.
3. Every member of the Industrial Court shall be a person who is not connected with the complaint referred to that Court, or with any industry directly affected by such complaint: Provided that, every member shall be deemed to be connected with a complaint or with an industry by reason of his having shares in a company which is connected with, or likely to be affected by, such complaint, unless he discloses to the State Government the nature and extent of the shares held by him in such company and in the opinion of the State Government recorded in writing, such member is not connected with the complaint or the industry.
4. Every member of the Industrial Court shall be a person who is or has been a Judge of a High Court or is eligible for being appointed a Judge of such Court : Provided that, one member may be a person who is not so eligible, if he possesses in the opinion of the State Government expert knowledge of labour or industrial matters.

Duties of Industrial Court:

Section 5 of MRTU & PULP Act, 1971 defines the duties of the Industrial Court. It shall be the duty of the Industrial Court –

1. to decide an application by a union for grant of recognition to it;
2. to decide an application by a union for grant of recognition to it in place of a union which has already been recognized under this Act;
3. to decide on an application from another union or an employer for withdrawal or cancellation of the recognition of a union;
4. to decide complaints relating to unfair labour practices except unfair labour practices falling in item 1 of Schedule IV;
5. to assign work, and to give directions, to the Investigating Officers in matters of verification of membership of unions, and investigation of complaints relating to unfair labour practices;
6. to decide references made to it on any point of law either by any civil or criminal court; and
7. to decide appeals under section 42.

Labour Court:

Constitution of Labour Court:

Para 1 of Section 6 of MRTU & PULP Act, 1971 provides for the constitution of a Labour Court. The provisions are as under:

The State Government will constitute one or more Labour
Courts, by Notification in the Official Gazette, having jurisdiction in such local areas, as may be specified in such notification, and will appoint persons having the prescribed qualifications to preside over such Courts.

Qualifications:

Para 2 of Section 6 of MRTU & PULP Act, 1971 provides for the qualification required by a person to be the judge of a Labour Court. The provisions are as under:

The person should possess qualifications (other than the qualification of age), prescribed under Article 234 of the Constitution for being eligible to enter the judicial service of the State of Maharashtra; and is not more than sixty years of age. 

Duties and Power of Labour Court:

Section 7 of MRTU & PULP Act, 1971 gives duties of a Labour Court.

It is a duty of the Labour Court to decide complaints relating to unfair labour practices described in item 1 of Schedule IV and to try offences punishable under this Act. 

Investigating Officer:

Appointment of Investigating Officer:

Section 8 of MRTU & PULP Act, 1971 provides provision for appointment of investigating officers.

The State Government may, by notification in the Official Gazette, appoint a such number of Investigating Officers for any area as it may
consider necessary, to assist the Industrial Court and Labour Courts in the discharge of their duties. 

Duties of Investigating Officer:

Section 9 of MRTU & PULP Act, 1971 gives duties of investigating officer.

• The Investigating Officer is under the control of the Industrial Court, and he/she exercises powers and perform duties imposed on him by the Industrial Court.
• It is the duty of an Investigating Officer to assist the Industrial Court in
  matters of verification of membership of unions, and assist the Industrial and Labour Courts for investigating into complaints relating to unfair labour practices.
• It is the duty of an Investigating Officer to report to the Industrial Court, or as the case may be, the Labour Court the existence of any unfair labour practices in any industry or undertaking, and the name and address of the persons said to be engaged in unfair labour practices and any other information which the Investigating Officer may deem fit to report to the Industrial Court, or as the case may be, the Labour Court.

Special Powers of Investigating Officers:

Section 37 of MRTU & PULP Act, 1971 gives special powers conferred on investigating officer.

• An Investigating Officer shall exercise the powers conferred on him by or under this Act, and shall perform such duties as may be assigned to him, from time to time, by the Court.
• For the purpose of exercising such powers and performing such duties, an investigating Officer may, subject to such conditions as may be prescribed, at any time during working hours, and outside working hours after reasonable notice, enter
  • any place used for the purpose of any undertaking;
  • any place used as the office of any union;
  • any premises provided by an employer for the residence of his employees, and shall be entitled to call for and inspect all relevant documents which he may deem necessary for the due discharge of his duties and powers under this Act.
• Such powers of entry and inspection can be exercised at any time during working hours. Outside working hours, such powers can be exercised only after giving reasonable notice to the affected person or persons. Moreover, these powers are to be exercised subject to such conditions may be prescribed.
• All particulars contained in, or information obtained from, any document inspected or called for under sub-section (2) shall, if the person, in whose possession the document was, so requires, be treated as confidential.
• An Investigating Officer may, after giving reasonable notice, convene a
  meeting of employees for any of the purposes of this Act, on the premises where they are employed and may require the employer to affix a written notice of the meeting at such conspicuous place in such premises as he may order, and may also himself affix or cause to be affixed such notice.
  The notice shall specify the date, time and place of the meeting, the employees or class of employees affected, and the purpose for which the meeting is convened : Provided that, during the continuance of a lock-out which is not illegal, no meeting of employees affected thereby shall be convened on such premises without the employer’s consent.
• An Investigating Officer shall be entitled to appear in any proceeding under this Act.
• An Investigating Officer may call for and inspect any document which he has reasonable ground for considering to be relevant to the complaint or to be necessary for the purpose of verifying the implementation of any order of the Court or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes the Investigating Officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, (V of 1908) in respect of compelling the production of documents

Previous Topic: Introduction to MRTU & PULP Act (S. 1 to 3)

Nest Topic: Trade Unions

Indian Legal System > Civil Laws > Labour Laws > MRTU and PULP Act, 1971 > Authorities Under MRTU & PULP Act

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The law identifying with work and job is called Industrial law or labour law in India. The meaning of MRTU & PULP Act, 1971 is the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. By Government Resolution, Industries, and Labour Department, No. IDA. 1367-LAB-II, dated the 14th February 1968, the Government of Maharashtra appointed a Committee called “the Committee on Unfair Labour Practices” for defining certain activities of employers and workers and their organizations which should be treated as unfair labour practices and for suggesting action which should be taken against employers or workers, or their organisations, for engaging in such unfair labour practices. On the basis of the report submitted by the committee this Act was enacted.

It is Maharashtra Act I of 1972. The Act received an assent from the President on 13th January 1972 and was published in Maharashtra Government Gazette Part IV on 1st February 1972.

Objects of the MRTU & Pulp Act, 1971.

The objects of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 are given in the preamble of the Act. They are as follow:

• To provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings;
• To state the rights and obligations of trade unions;
• To confer certain powers on unrecognized unions;
• To provide for declaring certain strikes and lockouts as illegal strikes and lockouts;
• To define and provide for the prevention of certain unfair labour practices;
• To constitute courts – as independent machinery –
  • To carry out the purposes of the Act;
  • To accord recognition to trade unions; and
  • To enforce the provisions of the Act relating to unfair labour practices.
• To provide for matters connected with the above purposes.

Section 1: MRTU & PULP Act, 1971: Short Title:

This Act may be called the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

Section 2: MRTU & PULP Act, 1971: Extent, Commencement, and Application:

(1) This Act extends to the whole of the State of Maharashtra.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provision of this Act.

(3) Except as otherwise hereinafter provided, this Act shall apply to the industries to which the Bombay Industrial Relations Act, 1946, Bom. XI of 1947, for the time being applies, and also to any industry as defined in clause (j) of section 2 of the Industrial Disputes Act, 1947, XIV of 1947, and the State Government in relation to any industrial dispute concerning of such industry is the appropriate Government under that Act :

Provided that, the State Government may, by notification in the Official Gazette, direct that the provisions of this Act shall cease to apply to any such industry from such date as may be specified in the notification; and from that date, the provisions of this Act shall cease to apply to that industry and, thereupon, section 7 of the Bombay General Clauses Act, 1904, Bom. I of 1944, shall apply to such cess or, as if this Act has been repealed in relation to such industry by a Maharashtra Act.

Definitions Under MRTU & Pulp Act, 1971

Section 3 of the Act gives definitions of important terms.

Section 3: MRTU & PULP Act, 1971: Definitions:

(1) “Bombay Act” means the Bombay Industrial Relations Act, 1946, Bom. XI of 1947;

Whenever the term “Bombay Act” is used, the reference is to the Bombay Industrial Relations Act, 1946 Bom. XI of 1947. Before the formation of the Maharashtra state, Bombay Province was there consisting of part of Maharashtra, Gujarat. For this province the Bombay Industrial Relations Act, 1946 was Enacted. on 1 st May 1962, the State of Maharashtra and the State of Gujarat were carved out of the Bombay Province.

Section 3: MRTU & PULP Act, 1971: Definitions:

(2) “Central Act” means the Industrial Disputes Act, 1947, XIV of 1947;

Whenever the term “Central Act” is used, the reference is to the Industrial Disputes Act, 1947.

Section 3: MRTU & PULP Act, 1971: Definitions:

(3) “concern” means any premises including the precincts thereof where any industry to which the Central Act applies is carried on;

Section 3: MRTU & PULP Act, 1971: Definitions:

(4) “Court” for the purposes of Chapters VI and VII means the Industrial Court, or as the case may be, the Labour Court;

Section 3: MRTU & PULP Act, 1971: Definitions:

(5) “employee” in relation to an industry to which the Bombay Act for the time being applies, means an employee as defined in clause (13) of section 3 of the Bombay Act; and in any other case, means a workman as defined in clause (s) of section 2 of the Central Act;

Section 3: MRTU & PULP Act, 1971: Definitions:

(6) “employer” in relation to an industry to which the Bombay Act applies, means an employer as defined in clause (14) of section 3 of the Bombay Act; and in any other case, means an employer as defined in clause (g) of section 2 of the Central Act;

Section 3: MRTU & PULP Act, 1971: Definitions:

(7) “Industry” in relation to an industry to which the Bombay Act applies means an industry as defined in clause (19) of section 3 of the Bombay Act, and in any other case, means an industry as defined in clause (j) of section 2 of the Central Act;

Section 3: MRTU & PULP Act, 1971: Definitions:
(8) “Industrial Court” means an Industrial Court constituted under section 4;

Section 3: MRTU & PULP Act, 1971: Definitions:
(9) “Investigating Officer” means an officer appointed under section 8;

Section 3: MRTU & PULP Act, 1971: Definitions:
(10) “Labour Court” means a Labour Court constituted under section 6;

Section 3: MRTU & PULP Act, 1971: Definitions:
(11) “member” means a person who is an ordinary member of a union, and has paid a subscription to the union of not less than 50 paise per calender month :

Provided that, no person shall at any time be deemed to be a member, if his subscription is in arrears for a period of more than three calendar months during the expression “membership” shall be construed, accordingly.

Explanation: A subscription for a calendar month shall, for the purpose of this clause, be deemed to be in arrears, if such subscription is not paid within three months after the end of the calendar months in respect of which it is due;

Section 3: MRTU & PULP Act, 1971: Definitions:

(12) “order” means an order of the Industrial or Labour Court;

Section 3: MRTU & PULP Act, 1971: Definitions:

(13) “recognised union” means a union which has been issued a certificate of recognition under Chapter III;

Section 3: MRTU & PULP Act, 1971: Definitions:

(14) “Schedule” means a Schedule to this Act;

Section 3: MRTU & PULP Act, 1971: Definitions:

(15) “undertaking” for the purposes of Chapter III, means any concern in industry to be one undertaking for the purpose of that Chapter : Provided that, the State Government may notify a group of concerns owned by the same employer in any industry to be undertaking for the purpose of that Chapter;

Section 3: MRTU & PULP Act, 1971: Definitions:

(16) “unfair labour practices” means unfair labour practice as defined in section 26;

Section 3: MRTU & PULP Act, 1971: Definitions:

(17) “union” means a trade union of employees, which is registered under the Trade Unions Act, 1926;

Section 3: MRTU & PULP Act, 1971: Definitions:

(18) words and expressions used in this Act and not defined therein, but defined in the Bombay Act, shall, in relation to an industry to which the provisions of the Bombay Act apply, have the meanings assigned to them by the Bombay Act; and in other case, shall have the meanings assigned to them by the Central Act.

Next Topic: Authorities Under MRTU & PULP Act (S. 4 to 9, 37)

Indian Legal System > Civil Laws > Labour Laws > MRTU and PULP Act, 1971 > Introduction

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