UPID Act 2

Section 2 · [ Definitions. [Substituted by U.P. Act No. 1 of 1957.]

(a)

"Apprentice" means a person employed in an industry for the purpose of training therein in accordance with a scheme prepared in that behalf and approved by the State Government;

(b)

'Average Pay' means the average of the wages payable to a workman -

(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 shall be calculated as the average of the wages payable to a workman during the period he actually worked;

(c)

'Award' means an interim or final determination of any industrial dispute or of any question relating thereto by any Labour Court or Tribunal and includes an arbitration award made under Section 5-B;

(d)

'Board' means a Conciliation Board constituted under clause (d) of Section 3;

(e)

'Central Government' means Central Government as defined in clause 8 of Section 3 of the General Clauses Act, 1897;]

(ee)[ 'Closure' means the permanent closing down of a place of employment or part thereof;] [Inserted by U.P. Act No. 26 of 1983 (w.e.f. 3.8.1983).]

(f)

'Conciliation Officer' means a Conciliation Officer appointed under Section 4-F;

(g)

'Continuous Service' means uninterrupted service, and includes service which may be interrupted merely on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on tire part of the workman, and a workman, who during a period of twelve calendar months has actually worked in an industry for not less than two hundred and forty days shall be deemed to have completed one year of continuous service in the industry.

Explanation. - In computing the number of days on which a workman has actually worked in an industry, the days on which -

(i)

he has been laid off under the agreement or as permitted by standing order made under the Industrial Employment (Standing Orders) Act, 1946, or under this Act or under any other law applicable to the industrial establishment, the largest number of days during which he has been so laid off being taken into account for tire purposes of this clause,

(ii)

he has been on leave with full wages, earned in the previous year, and

(iii)

in the case of a female, she has been on maternity leave; so however that the total period of such maternity leave shall not exceed twelve weeks, shall be included;

(h)

'Controlled Industry' will have tire meaning assigned to it in clause (ee) of Section 2 of the Industrial Disputes Act, 1947;

(i)'Employer' includes -

(i)an association or a group of employers;

(ii)where an industry is conducted or carried on by a department of the State Government, the authority specified in that behalf, and where no such authority has been specified, the head of such department;

(iii)where an industry is conducted or carried on by or on behalf of a local authority, the chief executive officer of such authority;

(iv)

where the owner of any industry in the course of or for the purpose of conducting the industry contracts with any person for the execution by or under such person of the whole or any part of any work which is ordinarily part of tire industry, the owner of such industry;

(j)

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 :

Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case he shall disclose to the State Government the nature and extent of the shares held by him in such company;

(k)

'Industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workman;

(l)

'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 term of employment or with the conditions of labour, of any person; but does not include an industrial dispute concerning-

(i)any industry carried on by or under the authority of the Central Government or by a Railway Company, or

(ii)such controlled industry as may be specified in this behalf by Central Government, or

(ii)banking and insurance companies as defined in the Industrial Disputes Act, 1947, or

(iv)a mine or an oil-field;

(m)

'Labour Court' means a Labour Court constituted under Section 4-A;

(n)

'Lay-off' (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage or coal, power or raw materials or the accumulation of stock or the breakdown of machinery, of for other reason, to give employment to a workman whose name is borne on the muster-rolls of his industrial establishment and who has not been retrenched;

Explanation. - Every workman whose name is borne on the muster-rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid off for that day within the meaning of this clause :Provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid off only for one-half of that day:Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;

(o)

'Lock-out' means the closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;

(p)

'Prescribed' means prescribed by tire rules framed under this Act;

(q)

'Public Utility Service' means -

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

(ii)any industry which supplied power, light or water to the public;

(iii)any system of public conservancy or sanitation;

(iv)any industry or undertaking, which the State 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:

Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time, if in the opinion of the State Government public emergency or public interest requires such extension;

(r)

'Registration' as respects any settlement means registration in accordance with Section 6-B;

(s)

'Retrenchment' means the termination by the employer of the service of a workman or any reason whatsoever, otherwise than as punishment inflicted by way of disciplinary action, but does not include -

(i)voluntary retirement of the workmen; or

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

(t)

'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 an agreement has been signed by the parties there to in such a manner as may be prescribed and a copy thereof has been sent to the State Government and the Conciliation Officer;

(u)

'State Government' means the Government of Uttar Pradesh;

(v)

'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;

(w)

'Tribunal' means an Industrial Tribunal appointed under Section 4-B;

(x)

'Union' means a Trade Union registered under the Indian Trade Unions Act, 1926;

(y)

'Wages' means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment, or of work done in such employment, and includes -

(i)such allowances (including dearness allowance) as the workman is for the time being entitled to;

(ii)the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food grains or other articles;

(iii)any travelling concession, but does not include -

(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.

(z)

'Workman' means any person (including apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical 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 -

(i)who is subject to any Army Act, 1950 or the Air Force Act, 1950, or the Navy (Discipline) Act, 1934; or

(ii)who is employed in the police service or as an officer or other employee of a prison; or

(iii)who is employed mainly in a managerial or administrative capacity; or

(iv)who being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.

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