In this article we shall see frequently asked questions on Industrial Court, Labour Court, Recognition of a Trade Union under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

a) What are the objects of M.R.T.U. and P.U.L.P. Act, 1971?

The objects of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 are given in the preamble of the Act. They are as follow:

• To provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings;
• To state the rights and obligations of trade unions;
• To confer certain powers on unrecognized unions;
• To provide for declaring certain strikes and lockouts as illegal strikes and lockouts;
• To define and provide for the prevention of certain unfair labour practices;
• To constitute courts – as independent machinery –
  • To carry out the purposes of the Act;
  • To accord recognition to trade unions; and
  • To enforce the provisions of the Act relating to unfair labour practices.
• To provide for matters connected with the above purposes.
• b) ‘Order’ under Section 3(12) of the M.R.T.U. and P.U.L.P. Act, 1971 means an order of the … or ………

‘Order’ under Section 3(12) of the M.R.T.U. and P.U.L.P. Act, 1971 means an order of the Industrial Court or Labour Court.

c) Who is a ‘Member’ under the M.R.T.U. and P.U.L.P. Act, 1971

According to Section 3(11) of the M.R.T.U. and P.U.L.P. Act, 1971, “member” means a person who is an ordinary member of a union, and has paid a subscription to the union of not less than 50 paise per calender month provided that, no person shall at any time be deemed to be a member, if his subscription is in arrears for a period of more than three calendar months.

d) Central Act under the M.R.T.U. and P.U.L.P. Act, 1971, means

According to Section 3 of the M.R.T.U. and P.U.L.P. Act, 1971, “Central Act” means the Industrial Disputes Act, 1947, XIV of 1947.

e) Bombay Act’ under the M.R.T.U. and P.U.L.P. Act, 1971 means

According to Section 3 of the M.R.T.U. and P.U.L.P. Act, 1971, “Bombay Act” means the Bombay Industrial Relations Act, 1946, Bom. XI of 1947.

f) Define the term ‘Labour Court’ under M.R.T.U. and P.U.L.P. Act, 1971.

Para 1 of Section 6 of MRTU & PULP Act, 1971 provides for the constitution of a Labour Court. The provisions are as under: The State Government will constitute one or more Labour
Courts, by Notification in the Official Gazette, having jurisdiction in such local areas, as may be specified in such notification, and will appoint persons having the prescribed qualifications to preside over such Courts.

g) What are the duties of Labour Court under the M.R.T.U. and P.U.L.P. Act, 1971

Section 7 of MRTU & PULP Act, 1971 gives duties of a Labour Court. It is a duty of the Labour Court to decide complaints relating to unfair labour practices described in item 1 of Schedule IV and to try offences punishable under this Act. 

h) Which court can take ‘cognizance’ of offence under the M.R.T.U. and P.U.L.P. Act, 1971?

A Labour Court can take ‘cognizance’ of offence under the M.R.T.U. and P.U.L.P. Act, 1971.

i) Investigating Officer is appointed by whom? 

According to Section 8 of MRTU & PULP Act, 1971, the State Government may, by notification in the Official Gazette, appoint a such number of Investigating Officers for any area as it may consider necessary, to assist the Industrial Court and Labour Courts in the discharge of their duties. 

j) What are duties of investigating officers under the M.R.T.U. and P.U.L.P. Act, 1971?

Section 9 of MRTU & PULP Act, 1971 gives duties of investigating officer.

• The Investigating Officer is under the control of the Industrial Court, and he/she exercises powers and perform duties imposed on him by the Industrial Court.
• It is the duty of an Investigating Officer to assist the Industrial Court in
  matters of verification of membership of unions, and assist the Industrial and Labour Courts for investigating into complaints relating to unfair labour practices.
• It is the duty of an Investigating Officer to report to the Industrial Court, or as the case may be, the Labour Court the existence of any unfair labour practices in any industry or undertaking, and the name and address of the persons said to be engaged in unfair labour practices and any other information which the Investigating Officer may deem fit to report to the Industrial Court, or as the case may be, the Labour Court.

k) Which Court has jurisdiction to grant recognition to Trade Union?

Under Section 11 of the M.R.T.U. and P.U.L.P. Act, 1971, the Industrial Court has jurisdiction to grant recognition to Trade Union.

l) Which union can apply under the M.R.T.U. and P.U.L.P. Act, 1971for being registered as a recognized union?

Under Section 11 of the M.R.T.U. and P.U.L.P. Act, 1971 any union can apply to the Industrial Court for recognition under the Act in the prescribed form if, for the entire period of six calendar month in which application is made, the union has enjoyed a membership of not less than 30% of the total number of employees employed in the undertaking.

m) What trade unions can do for seeking recognition under the M.R.T.U. and P.U.L.P. Act, 1971?

Under Section 11 of the M.R.T.U. and P.U.L.P. Act, 1971 any union can apply to the Industrial Court for recognition under the Act in the prescribed form if, for the entire period of six calendar month in which application is made, the union has enjoyed a membership of not less than 30% of the total number of employees employed in the undertaking.

n) Can there be more than one recognized trade union under one employer under the M.R.T.U. and P.U.L.P. Act, 1971?

No, there cannot be more than one recognized trade union under one employer under the M.R.T.U. and P.U.L.P. Act, 1971.

o) Give two examples of illegal strike under the M.R.T.U. and P.U.L.P. Act, 1971

Examples of illegal strike under the M.R.T.U. and P.U.L.P. Act, 1971 are as follows:

• without giving to the employer notice of strike in the prescribed form, or within fourteen days of the giving of such notice;
• where there is a recognised union, without obtaining the vote of the majority of the members of the union, in favour of the strike before the notice of the strike is given;
• during the pendency of conciliation proceeding under the Bombay Act or the Central Act and seven days after the conclusion of such proceeding in respect of matters covered by the notice of strike;
• where submission in respect of any of the matters covered by the notice of strike is registered under section 66 of the Bombay Act, before such submission, is lawfully revoked;

During what period of time complaint of unfair labour practice can be filed under the M.R.T.U. and P.U.L.P. Act, 1971?

According to Section 8 of MRTU & PULP Act, 1971, the complaint of unfair labour practice can be filed under the M.R.T.U. and P.U.L.P. Act, 1971 within ninety days of the occurrence of the unfair labour practice.