Industrial Disputes Act

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Industrial Disputes Act, 1947

THE FIFTH SCHEDULE : Unfair Labour Practices

[Section 2(ra)]
I. ON THE PART OF EMPLOYERS AND TRADE UNIONS OF EMPLOYERS
(1) To interfere with, restrain from, or coerce, workmen in the exercise of their right to organize, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say.- (a) threatening workmen with discharge or dismissal, if they join a trade union; (b) threatening a lock-out or closure, if a trade union is organized; (c) granting wage increase to workmen at crucial periods of trade union organization, with a view to undermining the efforts of the trade union at organization.
(2) To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say, (a) an employer taking an active interest in organizing a trade union of his workmen; and (b) an employer showing partiality or granting favor to one of several trade unions attempting to organize his workmen or to its members, where such a trade union is not a recognized trade union.
(3) To establish employer sponsored trade unions of workmen.
(4) To encourage or discourage membership in any trade union by discriminating against any workman, that is to say, (a) discharging or punishing a workman, because he urged other workmen to join or organize a trade union; (b) discharging or dismissing a workman for taking part in any strike (not being a strike which is deemed to be an illegal strike under this Act); (c) changing seniority rating or workmen because of trade union activities; (d) refusing to promote workmen of higher posts on account of their trade union activities; (e) giving unmerited promotions to certain workmen with a view to creating discord…...

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