The Industrial Disputes (Banking and
Insurance Companies) Act, 1949
(Act no. 54 of 1949)
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Sections
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Particulars
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Preamble |
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1 |
Short title and
Extent |
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2 |
Definitions |
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3 |
Omitted |
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4 |
Prohibition of
Reference by State Government of certain Industrial disputes
for Adjudication, Inquiry or Settlement |
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5 |
Abatement of
Proceedings relating to disputes pending before State
Tribunals and Reference of such disputes to tribunals
constituted by the Central Government |
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6 |
Powers of Central
Government to refer disputes in respect of which awards or
decisions have been made for re-adjudication |
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7 |
Repeal of Ordinance
28 of 1949 |
THE INDUSTRIAL DISPUTES (BANKING AND INSURANCE
COMPANIES) ACT, 1949.
PREAMBLE
[ACT, 54 OF 1949]
An Act to provide for the
adjudication of industrial disputes concerning certain banking and
insurance companies.
Whereas it is expedient
to provide for the adjudication of industrial disputes concerning
banking and insurance companies having branches or other
establishments in more than one State; It is hereby enacted as
follows :
1 SHORT TITLE AND EXTENT.
(1) This Act may be called The Industrial Disputes (Banking and
Insurance Companies) Act, 1949.
(2) It extends to the
whole of India except the State of Jammu and Kashmir.
2. DEFINITIONS. - In this
Act unless there is anything repugnant in the subject or context,
the expressions "award" "banking company", "Industrial dispute" and
"insurance company" have the meanings respectively assigned to them
in Sec. 2 of the Industrial Disputes Act, 1947 (14 of 1947) as
amended by this Act.
3. OMITTED BY THE REPEALING
AND AMENDING ACT, 1952.
4. PROHIBITION OF REFERENCE BY
STATE GOVERNMENT OF CERTAIN INDUSTRIAL DISPUTES FOR ADJUDICATION,
INQUIRY OR SETTLEMENT. - Notwithstanding anything contained in
my other law, it shall not be competent for a State Government or
any officer or authority subordinate to such Government to refer an
industrial dispute concerning any banking or insurance company, or
any matter relating to such disputes, to any tribunal or other
authority for adjudication, inquiry or settlement.
5. ABATEMENT OF PROCEEDINGS
RELATING TO DISPUTES PENDING BEFORE STATE TRIBUNALS AND REFERENCE OF
SUCH DISPUTES TO TRIBUNALS CONSTITUTED BY THE CENTRAL
GOVERNMENT. - (1) Where under any law any industrial disputes
concerning any banking or insurance company or any matter relating
to such dispute has before the 30th day of April, 1949, been
referred by a State Government or any officer or authority
subordinate to such Government to any tribunal or other authority
for adjudication or settlement and any proceedings in respect of or
arising out of such reference were immediately before that date
pending before any tribunal or other authority, then on the
aforesaid date such reference shall be deemed to have been withdrawn
and all such proceedings shall have abated.
(2) The Central
Government shall as soon as may be after the commencement of this
Act, by order in writing refer under Sec. 10 of the said Act every
industrial dispute to which the provisions of Sub-sec. (1) apply to
an Industrial Tribunal constituted under the said Act for
adjudication.
Comment:
"Proceedings in respect of or arising out of such reference"
cannot include criminal proceedings for disobedience of an order
enforcing an award made on a reference. AIR 1951 All 263
6. POWERS OF CENTRAL GOVERNMENT
TO REFER DISPUTES IN RESPECT OF WHICH AWARDS OR DECISIONS HAVE BEEN
MADE FOR RE-ADJUDICATION. - (1) Where any award or decision has
been made in respect of any industrial dispute concerning any
banking or insurance company by any tribunal or other authority
constituted or appointed by a State Government, or any officer or
authority subordinate to such government, then the Central
Government may, notwithstanding that the said award or decision is
in force, by order in writing refer under Sec. 10 of the said Act
the dispute or any of the matter in dispute to an Industrial
Tribunal constituted under the said Act for re-adjudication and stay
the implementation of the award or decision so made or of any part
of such award or decision until the Industrial Tribunal to which the
dispute or any of the matter in dispute is referred for
re-adjudication has submitted its award or for such further period
as the Central Government may consider necessary.
(2) After the Industrial
Tribunal to which the dispute or any of the matters in dispute has
been so referred for re-adjudication has submitted its award under
Sub-sec. (1) of Sec. 15 of the said Act, the Central Government may,
by order in writing declare that the award or decision previously
made in respect of such dispute by the tribunal or other authority
constituted or appointed by the State Government or any officer or
authority subordinate to such Government or such part of that award
or decision as may be specified in the order shall cease to be in
operation
7. REPEAL OF ORDINANCE 28 OF
1949. - (1) The Industrial Disputes (Banking and Insurance
Companies) Second Ordinance, 1949 (28 of 1949), is hereby repealed.
(2) Notwithstanding such
repeal, anything done or any action taken in exercise or any power
conferred by or under the said Ordinance shall be deemed to have
been done or taken in the exercise of the powers conferred by or
under this Act, as if this Act were in force on the day on which
such thing was done or action taken.