Schedule 1 – The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969

The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969

 

SCHEDULE I

 

[see section 20(2)]

 

THE INDUSTRIAL DISPUTES ACT, 1947

 

1. In section 3, to sub-section (1), the following proviso shall be added, namely :- “Provided that, where there is a recognised union for any undertaking under any law for the time being in force, then the recognised union shall appoint its nominees to represent the workmen who are engaged in such undertaking.

 

Explanation : In the proviso to sub-section (1), the expression “undertaking” includes an establishment.

 

2. In section 10, in sub-section (2), after ‘appropriate Government’ insert “on such application being made by a union recognised for any undertaking under any law for the time being in force, and in any other case.”

 

3. In section 10-A –

 

(a) in sub-section (1) after the words “workmen” the words “and where under any law for the time being in force, there is a recognised union in respect of any undertaking, the employer and such recognised union” shall be inserted;

 

(b) to sub-section (3-A), the following proviso shall be added, namely “Provided that, nothing in this sub-section shall apply, where a dispute has been referred to arbitration in pursuance of an agreement between the employer and the recognised union under sub-section (1) of this section;”

 

(c) in sub-section (4-A), after the words, brackets, figure and letter “sub-section (3-A)” the words “or where there is a recognised union for any undertaking under any law for the time being in force and an industrial dispute has been referred to arbitration” shall be inserted.

 

4. In section 18, – (a) to sub-section (1) the following proviso shall be added, namely :- “Provided that, where there is a recognised union for any undertaking under any law for the time being in force, then such agreement (not being an agreement in respect of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee) shall be arrived at between the employer and the recognised union only; and such agreement shall be binding on all persons referred to in clause (c), and clause (d), of sub-section (3) of this section.” (b) in sub-section (3), after the word, figure, and letter “section 10A” the words “or an arbitration award in case where there is a recognised union for any undertaking under any law for the time being in force” shall be inserted. 5. In section 19, – (a) after sub-section (2), the following sub-section shall be added, namely :-

 

“(2A) Notwithstanding anything contained in this section, where a union has been recognised under any law for the time being in force, or where any other union is recognised in its place under such law, then notwithstanding anything contained in sub-section (2), it shall be lawful to any such recognised union to terminate the settlement after giving two months’ written notice to the employer in that behalf.” (b) to sub-section (7), the following shall be added, namely :- “and where there is a recognised union for any undertaking under any law for the time being in force, by such recognised union.” 6. In section 36, to sub-section (1), the following shall be added, namely :- “Provided that, where there is a recognised union for any undertaking under any law for the time being in force, no workman in such undertaking shall be entitled to be represented as aforesaid in any such proceeding (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration) except by such recognised union.”

 

 

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The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969

 

Indian Laws – Bare Acts

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