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Schedule IV – 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 IV

 

GENERAL UNFAIR LABOUR PRACTICES ON THE PART OF EMPLOYERS

1. To discharge or dismiss employees –

 

(a) by way of victimisation;

 

(b) not in good faith, but in colourable exercise of the employer’s rights;

 

(c) by falsely implicating an employee in a criminal case on false evidence or on concocted evidence;

 

(d) for patently false reasons;

 

(e) on untrue or trumped up allegations of absence without leave;

 

(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;

 

(g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record of service of the employee, so as to amount to a shockingly disproportionate punishment.

 

2. To abolish the work of a regular nature being done by employees, and to give such work to contractors as a measure of breaking a strike.

 

3. To transfer an employee mala fide from one place to another, under the guise of following management policy.

 

4. To insist upon individual employees, who were on legal strike, to sign a good conduct-bond, as a pre-condition to allowing them to resume work.

 

5. To show favouritism or partiality to one set of workers, regardless of merits.

 

6. To employ employees as “badlis”, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent employees.

 

7. To discharge or discriminate against any employee for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute.

 

8. To recruit employees during a strike which is not an illegal strike.

 

9. Failure to implement award, settlement or agreement.

 

10. To indulge in act of force or violence.

 

 

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

 

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