(1) In this Act, unless, the context otherwise, requires,-
(i) „affected workman‟ means a workman who has worked for a period of ninety days within a period of one
1. The Andhra Pradesh Industrial Workers (Representation, Participation in Management and Relief) Act, 1998 received the assent of the President on the 20th June, 1998. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent, application and commencement.
Definitions.
2 [Act No.24 of 1998] hundred and eighty days preceeding the date of closure of a closed industrial establishment;
(ii) „authority‟ means the authority appointed under sub-section (1) of section 23;
(iii) „appellate authority‟ means, the authority appointed under sub-section (2) of section 23;
(iv) „Board‟ means the board constituted under section 42;
(v) „Closed Industrial Establishment‟ means an establishment wherein cessation or suspension of operation by way of lockout or otherwise, other than an authorised closure under section 25-O of the Industrial Disputes Act, 1947, continues for a period of sixty days, and includes lockout continued despite prohibitory orders:
Provided that an industrial establishment in which cessation or suspension of operations take place due to a lockout declared consent on a strike contrary to the provisions of the Industrial Dispute Act, 1947, shall not be deemed to be a closed industrial establishment for the purposes of this Act;
(vi) „Contingency Fund‟ means the 3Telangana Industrial Workers‟ Contingency Fund constituted under section 38;
(vii) „Craft Union‟ means a union registered under the Trade Unions Act, 1926 but whose activities are restricted to a category of the workmen employed in the industrial establishment;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Central Act 14 of 1947.
Central Act 14 of 1947.
Central Act XVI of
1926.
[Act No.24 of 1998] 3
(viii) „election authority‟ means the election authority appointed under section 7 of this Act;
(ix) „employer‟ means the owner, or person having charge of, or ultimate control over the affairs of an industrial establishment and includes the Director, Manager, Agent or any other person managing the affairs of an industrial establishment;
(x) „enterprise council‟ means a council constituted under section 24, at the level of industrial establishment;
(xi) „factory council‟ means a council constituted under section 24 at the level of the Factory;
(xii) „Government‟ means the State Government of 4Telangana;
(xiii) „Inspector‟ means an Inspector appointed under section 55;
(xiv) „Establishment or Industrial establishment‟ means an establishment; and its one or more units in which an industry as defined in clause (j) of section 2 of the Industrial Disputes Act, 1947 is carried on; or any other establishment as the Government may, by notification, declare as such, for the purposes of this Act, but does not include those industries to which the Central Government is the appropriate Government under the Industrial Disputes Act, 1947;
(xv) „notification‟ means a notification published in the 4Telangana Gazette; and the word „notified‟ shall be construed accordingly;
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Central Act 14 of 1947.
Central Act 14 of 1947.
4 [Act No.24 of 1998]
(xvi) „prescribed‟ means prescribed by rules made by the Government under this Act;
(xvii) „recognised union‟ means a union which has been recognised under Chapter II of this Act;
(xviii) „shop council‟ means a council constituted under section 24 of this Act at the shop floor level;
(xix) „union‟ means a Trade Union registered under the Trade Unions Act, 1926;
(xx) „unit‟ means a unit of the industrial establishment as determined under section 5;
(xxi) „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, but does not include any such persons,-
(i) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957, or
(ii) who is employed in the police service or as an officer or 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 one thousand six hundred rupees per mensem, or exercises, either by the nature of duties attached to the office, or by reason of the powers vested in him functions mainly of a managerial nature.
Central Act XVI of
1926.
[Act No.24 of 1998] 5
(2) The words and expressions used but not defined in this Act shall have the same meaning assigned to them in the,-
(i) Trade Unions Act, 1926;
(ii) Industrial Disputes Act, 1947.
CHAPTER – II RECOGNITION OF UNIONS.