Section 2. Interpretation.

In this Act, unless there is anything repugnant in the subject or context,—

^1[(a) “appellate authority” means an authority appointed by the appropriate Government by notification in the Official Gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this Act:

Provided that in relation to an appeal pending before an Industrial Court or other authority immediately before the commencement of the Industrial Employment (Standing Orders) Amendment Act, 1963 (39 of 1963), that court or authority shall be deemed to be the appellate authority;]

(b) “appropriate Government” means in respect of industrial establishments under the control of the Central Government or a ^2[Railway administration] or in a major port, mine or oil-field, the Central Government, and in all other cases, the State Government:

^3[Provided that where any question arises as to whether any industrial establishment is under the control of the Central Government, that Government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties;]

^4[(c) “Certifying Officer” means a Labour Commissioner or a Regional Labour Commissioner, and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act;]

(d) “employer” means the owner of an industrial establishment to which this Act for the time being applies, and includes—

(i) in a factory, any person named under^5[clause (f) of sub-section (1) of section 7, of the Factories Act, 1948 (63 of 1948)], as manager of the factory;

(ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;

(iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment;

(e) “industrial establishment” means—

(i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or

^6[(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or]

(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act; 1890 (9 of 1890), or

(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;

(f) “prescribed” means prescribed by rules made by the appropriate Government under this Act;

(g) “standing orders” means rules relating to matters set out in the Schedule;

(h) “trade union” means a trade union for the time being registered under the Indian Trade Unions Act, 1926 (16 of 1926);

^1[(i) “wages” and “workman” have the meanings respectively assigned to them in clauses (rr) and (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 2

1. This Act has been extended to—(i) Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Sch.(ii) Pondicherry by Regulation 7 of 1963, s. 3 and the Sch. I (w.e.f. 1-10-1963), and(iii) the whole of the Union territory of Lakshadweep, vide Reg. 8 of 1965, s. 3 and the Sch.The Act has been amended in its application to—(i) Maharashtra by Maharashtra Act 54 of 1974.(ii) Mysore by Mysore Act 37 of 1975.(iii) Madras by Madras Act 24 of 1960, and(iv) Andhra Pradesh by A. P. Act 9 of 1969.
2. Subs. by the A.O. 1950, for “all the Provinces of India”.
3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 (w.e.f. 1-9-1971).
4. Subs. by Act 16 of 1961, s. 2, for sub-section (3).
5. Second proviso omitted by Act 39 of 1963, s. 2 (w.e.f. 23-12-1963).
6. Ins. by s. 2, ibid. (w.e.f. 23-12-1963).

Page 3

1. Subs. by Act 39 of 1963, s. 3, for cl. (a) (w.e.f. 23-12-1963).
2. Subs. by the A.O. 1950, for “Federal railway”.
3. Added by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).
4.Subs. by Act 16 of 1961, s.3, for cl. (c).
5.Subs. by s. 3, ibid.,“for clause (e) of sub-clause (1) of section 9 of Factories Act, 1934 (25 of 1934)”.
6. Subs. by s. 3, ibid., for sub-clause (ii)

Page 4

1. Subs. by Act 18 of 1982, s. 2 for cl. (i) (w.e.f. 17-5-1982).

Page 5

1. Subs. by Act 36 of 1956, s. 32 for “shall not be the function” (w.e.f.17-9-1956).
2. Subs. by Act 18 of 1982, s. 3, for “Any person” (w.e.f. 17-5-1982).
3. Subs. by Act 16 of 1961, s. 4, for “twenty-one days”.

Page 6

1. Ins. by Act 18 of 1982, s. 4 (w.e.f. 17-5-1982).

Page 7

1. Subs. by Act 36 of 1956, s. 32, for sub-section (2) (w.e.f. 17-9-1956).
2. Certain words omitted by Act 39 of 1963, s. 4 (w.e.f. 23-12-1963).
3. Ins. by s. 4, ibid. (w.e.f. 23-12-1963).
4. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982).

Page 8

1. S. 11 renumbered as sub-section (1) thereof by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
2. Subs. by Act 18 of 1982, s. 6, for “sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)”(w.e.f. 17-5-1982).
3. Ins. by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
4. Ins. by s. 6, ibid. (w.e.f. 23-12-1963).

Page 9

1. Subs. by Act 18 of 1982, s. 7, for “a Metropolitation Magistrate or Judicial Magistrate of the second class” (w.e.f. 17-5-1982).
2. Ins. by Act 36 of 1956, s. 32 (w.e.f. 10-3-1957).
3. Ins. by Act 18 of 1982, s. 8 (w.e.f. 17-5-1982).
4. Subs. by Act 39 of 1963, s. 7, for s. 14A (w.e.f. 23-12-1963).

Page 10

1. Ins. by Act 16 of 1961, s. 6.
2. Subs. by Act 18 of 1982, s. 9, for certain words (w.e.f. 17-5-1982).