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Maharashtra Recognition of Trade

Union& Prevention of Unfair Labor


Practices Act, 1971

Introduction
Government of Maharashtra recognized that

development of strong, independent &


responsible unions & environment free from
unfair labour practices are two important
perquisites of effective collective bargaining.
No effective legislation providing for
recognition of T. U.as bargaining agent
except Bombay Industrial Relation Act, 1946
But this act applies to only few of industries.
Lack of legislation to determine & penalize
unfair labour practices.

In Feb 1968, government of Maharashtra

formed tripartite committee under the


chairmanship of the President, Industrial
Court Bombay to define unfair labour
practices in the organization.
Government of Maharashtra constituted
this act.

Applicability
Act applies to whole state of Maharashtra.

Definition
Bombay Act means Bombay Industrial

Relation Act, 1946 Bom. XI of 1947


Central Act means Industrial Dispute
Act, 1947 XIV of 1947
Concern means any premises including
the precincts thereof where any industry to
which Central Act applies is carried on.
Court for the purposes of chapter VI &
VII means the Industrial court or as the
case may be labor court.

Employee in relation to an industry to

which the Bombay Act for the time being


applies, means an employee is defined in
clause (13) of section 3of Bombay Act, and in
other case means a workman as defined in
clause (s) of section 2 of the central act.
Employer in relation to an industry to
which the Bombay Act applies , means an
employer as defined in clause (14) of sec 3 of
Bombay act & in other case means in industry
as defined in clause (g) of sec 2 of the Central
Act.

Industry in relation to an industry to which

the Bombay Act applies means an Industry as


defined in clause (19) of sec 3 of Bombay Act,
& in other case , means an Industry as defined
in clause (j) of section 2 of the central act.
Industrial Court means Industrial Court
constituted under Sec 4.
Investigating Officer means an officer
appointed under sec. 8
Labour Court means labour court
constituted under Sec 6.

Member means a person who is an ordinary

member of a union, and has paid subscription to the


union of not less than 50 paisa per calendar month.
Order means an order of the Industrial or Labour
Court.
Recognized Union means a union which has
been issued a certificate of recognition under
chapter III.
Schedule means a schedule to this act.
Undertaking for the purpose of chapter III,
means any concern in the Industry to be one
undertaking for the purpose of that chapter.

Unfair Labour Practices means unfair

labour practices as defined in Sec 26.


Union means a T. U. of employees ,
which is registered under T. U.Act, 1926

Authorities under the Act


1. Industrial Court (Sec 4)

2.Duties of Industrial Court (Sec 5)


3.Labour Court (Sec 6)
4. Duties of Labor Court (Sec 7)
5. Investigating Officer (Sec 8)
6. Duties of Investigation Officer (Sec 9)

Industrial Court (Sec 4)


State government shall by notification in

the official Gazette, constitute an Industrial


Court.
It consist of not less than 3 member, one of
whom shall be President.
Every member of the Industrial Court shall
be a person who is not connected with the
complaint referred to the court or with any
industry directly affected by such
complaint.
Every member of Industrial Court shall be a
person who is or has been a judge of high
court or is eligible for being appointed as a

Duties of Industrial Court


(Sec 5)
To decide an application by a union for grant of

recognition to it.
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.
To decide an application from another union or an
employer for withdrawal or cancellation of the
recognized union.
To decide complaints relation to unfair labor practices.
To assign work, to give direction , to the investigating
officer in matter of verification of membership of
unions& investigation of complaints relating to unfair
labor practices.

Labor Court(Sec 6)
State government by notification in official

gazette constitute one or more labour court


having jurisdiction in such a local areas as
may be specified in such notification and
shall appoint persons having the
prescribed qualification to preside over
such court.
No person shall be so appointed unless he
possesses qualification prescribed under
article 234 of the constitution for being
eligible to enter the judicial service of state
of Maharashtra.
Not more than 60 years of age.

Duties of Labor Court


A. To decide complaints relation to unfair

labor practices described in item 1 of


schedule IV.
To try offences punishable under this act.
In schedule IV various general unfair labor
practices on the part of employer are given.
Item 1 of schedule IV provides discharge or
dismissal of employees by the employer.

Such a dismissal or discharge is unfair labor

practices if it is
1. By the way of victimization.
2. Not in good faith but in the colourable
exerciseof employers right.
3. By falsely implicating employee in a
criminal case on the false evidence.
4. By patently false reason.
5. In utter disregard of the principle of
natural injustice in the conduct of
domestic enquiry.

Investigating Officer(sec 8)
Investigating officer is appointed by state

government to assist the industrial court &


labour court in discharge of duties.
Such Invest. Officers appointed for different
areas as the state government considers
necessary.

Duties of Investigating Officer(Sec


9)
The Investig. Officer shall be under the

control of the Industrial court and shall


exercise powers & perform duties imposed
on him by the industrial court.(Sec 9 (1))
It shall be the duty of an investigating
officer to assist the Industrial court in
matter of verification of membership of
unions, assist the industrial & labour court
for investigating into complaints relating to
unfair labour practices. Sec 9 (2)
To report to the industrial court or labour
court about existence of unfair labor
practices in any industry & name sof the

Application for
Recognition of Union (Sec
11)
Any union (Applicant union) which has for

the whole of period of 6 months


immediately prior the calendar month in
which it so applies under this section a
membership of not less than 30% number
of employees employed in any undertaking
may apply in prescribed form to Industrial
Court.
Every such application shall be disposed off
by the Industrial Court as far as possible
within 3 months from the date of receipt of
the application.

Recognition of Union (Sec 12)


On receipt of an application form a union

for recognition under sec 11 & on payment


of the prescribed fees, not exceeding
rupees 5
The industrial Court if finds the application
on a preliminary scrutiny to be in order,
cause notice to be displayed on the notice
board of the undertaking, declaring its
intention to consider the said application on
the date specified in the notice & calling
upon the other union or unions, if any
employers & employees affected by the
proposal to show cause, within a prescribed

If after considering the objections if any

that may be received from other union or


employers or employees and after holding
such enquiry , industrial court comes to
conclusion that conditions specified in sec
11 are satisfied& also conditions specified
under sec 19 are also satisfied Industrial
court grant recognition to the applicant
union & issue a certificate of such a
recognition as prescribed in act.