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

(a) "appropriate Government " means-

(ii) [ in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government: [Substituted by Act 24 of 2010 (w.e.f. 18.8.2010) ]

(aa) [ "arbitrator " includes an umpire; ] [Inserted by Act 36 of 1964, Section 2 (w.e.f. 19.12.1964). ]

(i) in the case of monthly paid workman, in the three complete calendar months,

(ii) in the case of weekly paid workman, in the four complete weeks,

(iii) in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;]

(b) [ "award " means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10-A;] [ Substituted by Act 36 of 1956, Section 3, for Cl. (b)(w.e.f. 10.3.1957).]

(bb) [ "banking company " means a banking company as defined in section 5 of the [Banking Companies Act, 1949 (10 of 1949)] [ Substituted by Act 38 of 1959, Section 64 and Sch. III, Pt. II, for Cl. (bb). Earlier Cl. (bb) was inserted by Act 54 of 1949, Section 3.] , having branches or other establishments in more than one State, and includes [the Export-Import Bank of India,] [ Inserted by Act 28 of 1981, Section 40 and Sch. II, Pt. II (w.e.f.1.1.1982).] [the Industrial Reconstruction Bank of India,] [ Inserted by Act 62 of 1984, Section 71 and Sch. III, Pt. II (w.e.f. 20.3.1985). ] [* **] [ The words " the Industrial Bank of India " omitted by Act 53 of 2003, Section 12 and Sch. (w.e.f. 2.7.2004).], [the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989)] [ Inserted by Act 39 of 1989, Section 53 and Sch. II.] the Reserve Bank of India, the State Bank of India, [a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), ] [ Substituted by Act 5 of 1970, Section 20, for " and any subsidiary bank " (w.e.f. 19.7.1969).][a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank,] [Substituted by Act 40 of 1980, Section 20, for certain words (w.e.f. 15.4.1980) ][as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);] [ Substituted by Act 5 of 1970, Section 20, for " and any subsidiary bank " (w.e.f. 19.7.1969).]

(c) "Board " means a Board of Conciliation constituted under this Act;

(cc) [ "closure " means the permanent closing down of a place of employment or part thereof; ] [ Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8.1984).]

(d) "conciliation officer " means a conciliation officer appointed under this Act;

(e) "conciliation proceeding " means any proceeding held by a conciliation officer or Board under this Act;]

(ee) [ "controlled industry " means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest; ] [ Inserted by Act 65 of 1951, S.32]

(f) "Court " means a Court of Inquiry constituted under this Act;

(g) "employer " means-

(i) a person shall be deemed to be "independent "for the purpose of his appointment as the Chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute:

(j) [ "industry "means any business, trade, undertaking, manufacture or calling of employers and includes any calling service, employment, handicraft or industrial occupation or avocation of workmen] [ On the enforcement of Cl. (c) of Section 2 of Act 46 of 1982.];

(k) "industrial dispute " means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person;

(a) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking;

(b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;]

(kkk) [ "lay-off " (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery ] [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ][or natural calamity or for any other connected reason] [ Substituted by Act 46 of 1982, Section 2, for any other reason " (w.e.f. 21.8.1984).][to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]

(l) "lock-out " means the [temporary closing of a place of employment] [ Substituted by Act 46 of 1982, Section 2, for certain words (w.e.f. 21.8.1984).], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;

(ll) [ "National Tribunal " means a National Industrial Tribunal constituted under section 7-B;] [ Inserted by Act 36 of 1956, Section 3 (w.e.f. 10.3.1957).]

(lll) [ "office bearer ", in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;] [ Inserted by Act 45 of 1971, Section 2 (w.e.f. 15.12.1971).]

(m) "prescribed " means prescribed by rules made under this Act;

(n) "public utility service " means-

(i) any railway service [or any transport service for the carriage of passengers or goods by air;] [ Inserted by Act 36 of 1956, Section 3 (w.e.f. 10.3.1957).]

(ia) [ any service in, or in connection with the working of, any major port or dock; ] [ Inserted by Act 36 of 1964, Section 3 (w.e.f. 19.12.1964).]

(ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends;

(iii) any postal, telegraph or telephone service;

(iv) any industry which supplies power, light or water to the public;

(v) any system of public conservancy or sanitation;

(vi) any industry specified in the [First Schedule] [ Substituted by Act 36 of 1964, Section 2, for " Schedule " (w.e.f. 19.12.1964).] which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification:

(o) "railway company " means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890);

(a) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or ]

(c) [ termination of the service of a workman on the ground of continued ill-health; ] [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ]

(p) [ "settlement " means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to ] [

(q) "strike " means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment;

(r) [ "Tribunal " means an Industrial Tribunal constituted under section 7-A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;] [ Substituted by Act 18 of 1957, Section 2, for Cl. (r) (w.e.f. 10.3.1957).]

(a) any bonus;

(b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force;

(c) any gratuity payable on the termination of his service;]

(s) [ "workman " means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person- [ Substituted by Act 46 of 1982, Section 2, for Cl. (s) (w.e.f. 21.8.1984).]